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Found 21 results

  1. When you use Booking.com there is an intermediary between you and the provider of services (in this case a hotel) Are any users aware of a bank making a compensation payment to a customer for a substandard hotel under Section 75 of the Consumer Credit Act 1974, where Booking.com or other similar operators were involved? As many of you will know, credit card companies are frequently claiming that there isn't a direct contractual link when there is an intermediary, but I'm looking for precedents for either settling such cases in the consumer's favour, or better still a judgment at court . I have a Small Claims case coming up against a bank which denied my section 75 claim on this ground, and intend to test it in court. I’m an experienced CAB-trained volunteer who has had lots of wins over various companies in the Small Claims Court. Thank you.
  2. hi all has there been any law changes when asking for original copy of cca 1974 ? are creditors still required to provide a copy ? many thanks.
  3. Hi we bought a 4500 corner sofa and 2 seater in March 2017, in Jun 2017 developed spotting, long story but they sent out a furniture specialist who did a report and indicated Manufacturing defect! We confirmed to Harveys that we would like a replacement or refund and the problem was there within 6 months, they stated they will send out a repair company for cosmetic repairs - we rejected this based on the " cosmetic repairs" which may not be permanent, they can not guarantee a permanent repair and they have confirmed there is a manufacturing defect. We have written to them rejecting the Sofa and asking for a refund and also a replacement from another brand of sofa manufacturer, they have not responded, the suite has been bought under a Consumer Credit Act agreement which is interest free, please can we be advised what action we can now take under both the CCA 1974 and under the Consumer goods Act 2015. Thank you
  4. I have just seen a RBS agreement from 1992!! At the top it does'nt have the usual bumf of 'this is a Credit agreement regulated under the consumer credit Act 1974' (or similar) I thought this was a must! What legal implications does it have? There are other faults but I can't remember what not having the above means. Its not mine so I can't post it up. Kind Regards jack
  5. Could some expert on here have a look at the attached Secured Loan Agreement and kindly assist in the following questions. APR clearly states 20.10% but Monthly interest is 1.35 %. Surely it should be 16.20% ? If incorrect would this affect the enforceability of the agreement ? Mortgage Indemnity fee charged on a secured loan below £25k - Is that correct ? The loan is secured on my property by way of a charge, not by a mortgage / 2nd mortgage ? Also Welcome have not provided a signed agreement that was dated by them. When would the 7 day cooling off period start from ? I have been reviewing various old Welcome posts but most seem to have no conclusion, so just wanted some clarity. Cheers Further to my earlier post I have located comment made by Welcome in a previous correspondence regarding the APR% query by me as follows. "On your agreement the APR is detailed at 20.1% and the monthly interest is 1.35%. Therefore multiplied by 12 gives an annual rate of 16.20%. This is the same as the annual interest rate showing on your latest statement, there has been no amendment." So on the above statement therefore would my monthly payment of £232.74 over 180 months be variable ? How can I calculate with the figures on my agreement, what interest I have been charged to-date ? Should I have received a Statement of Price Payment Breakdown ?
  6. I am curious how this case has been dealt with see here >> http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html My questions in this Judgment are at para: 10-17 in the above link... Especially para: 17 your thoughts please... As this is driving me mad atm. Can anyone please give thoughts.. PS not sure where to post this thread, sorry.. MM
  7. Multiple agreements within section 18 consumer credit Act 1974 This is just a view and interpretation of s18 CCA and therefore we would advise anyone reading this bear that in mind Section 18 can be very useful concerning agreements where there is a main loan and payment protection insurance. Firstly lets look at what section 18 says 18.Multiple agreements. —(1) This section applies to an agreement (a “multiple agreement ”) if its terms are such as— (a)To place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or (b)To place it, or a part of it, within two or more categories of agreement so mentioned. (2) Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement. Ok so what does this mean, well, lets say you borrow £6000 from Nasty Banking Corp, the loan is for you to use as you like and therefore you would have fixed sum credit See s10 (1)(B) CCA, unrestricted use credit See s11 (2) CCA and finally it would be a debtor-creditor agreement as defined within s13 CCA Now if you add PPI to the loan, this changes things slightly, why? If you borrow £6000 from Nasty Banking Corp and then you add a PPI policy for example adding another £1500 of credit you are turning it into a multiple agreement The PPI is fixed sum credit as set out in section 10 CCA but it is not unrestricted use, instead its restricted use credit ( See s11 CCA) as you do not have any say over its use, it is in effect only credit for the purchase of the PPI policy and additionally it is a debtor-creditor-supplier agreement as it would be undoubtedly underwritten by another specialist insurer and not the creditor and therefore it falls within the definition given in section 12 CCA So in effect what we have with the £6000 loan and the £1500 PPI is a multiple agreement with “part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned” This is because the £6000 is fixed sum, unrestricted use debtor creditor and the £1500 is fixed sum, restricted use Debtor-creditor-supplier Therefore since this type of agreement falls within s18, it means that as defined in s18 (2) CCA that the document is to be treated as 2 separate agreements and each agreement must have its own prescribed terms for each part Therefore each piece of credit must have its own term stating the amount of credit, repayments and all other statutory info, in addition the PPI policy would need to have a term stating the Cash Price of the policy, due to it being a restricted use debtor creditor supplier agreement. In essence there should be the following Loan Amount of Credit £6000 Repayments 60 payments of £XXXXXX Total amount payable £XXXXXXXX APR 16.9% PPI Amount of credit £1500 Repayments 60 payments of £XXXXXXX Total amount payable £ XXXXXXXXX Apr 16.9% Cash price of policy £1500 the agreement may not be set out exactly as above but that is to give you an idea of what it must contain If the agreement fails to correctly set matters out in accordance with s18 then the lender risks falling foul of the form and content requirements of section 60 CCA and could be improperly executed as set out within section 61(1) (a) CCA 1974 thus becoming unenforceable the main thing to remember is that you have two agreement within one document, so there must be a set of prescribed terms for each piece of credit, it is permissible to add the prescribed terms together and then state them as total amounts BUT they must be also stated in their separate parts. Multiple agreements falling within section 18 CCA 1974.pdf Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper
  8. Today I received another letter from Iqor regarding a sainsburys visa card I do not and have never held. Supposedly issued by Bank of Scotland, contact was made with the bank in writing complaining about wrong info given to Iqor. Bank admitted they had made a mistake and Iqor were told of the error and would not contact me again. Bank also paid compensation for the error. Seems Iqor are totally stupid, can't read or understand instructions from clients as they are still contacting me. Very stern letter now en-route to Iqor and copy to Trading standards and FOS. Any further advice I can follow, Your comments would be appreciated.
  9. Couldn't think where else to pose the question Any suggestions which body within England and Wales prosecutes s.50 offences and does anyone have access to any reported cases? Relevant section at the following link http://www.legislation.gov.uk/ukpga/1974/39/section/50
  10. What are the Laws regarding overdrafts. A Rough out line, I had a bank account that had an agreed over draft and When I lost my job some time ago I went over the agreed limit. I did everything could to keep straight but spiralling bills just kept dragging me down. I suffered with depression and shoved my head in the sand for a while I tried talking to the bank but they did not want to know and kept hitting me with chargers and interest. I have asked for the provided me with a copy of the signed contract regarding the overdraft pursuant to the consumer credit act 1974. ( clutching at straws) They have said that overdrafts are exempt from the CCA 1974 and the money outstanding above the agreed overdraft limit is not covered by the CCA 1974 and they don’t have to provide any paper work for that as it is regarded as separate contract. Can any body point me in the right direction? Someone said check out Coutts bank Vs Sebastiyen
  11. I am in the situation where i was the victim of ID Fraud from a previous address. Hillesden have been at me for the last 18 months. I told them i had no knowledge of this debt, put up or shut up and take me to court. I did the usual and put it into official dispute. They came back and stated they believed i was the person that they were after and now seek payment. Now after a 6 month lull i get this. Looking through various threads it seems that hillesden purchase the right to use the Alpins letter head as a frightner. Is this true, or do i need to rack this up a gear myself with hillesden thanks
  12. Hi Everyone, I am not sure if this topic has been covered yet so apologies if I have not seen the post. I have recently phoned my insurance company for a quote I had 3 points on my licence for going 5 MPH over the limit in a 30 how frustrating was that after 30 odd years with no problems points or bans etc completely clean licence any how I have kept a clean sheet for the past three years and they will be off my license unfortunately the insurance companies are quoting the Rehabilitations Act 1974 and will be on my file for 5 years is this at all fair for such a minor incident my premiums are still affected and I thought by keeping a clean sheet for 3 years etc and waiting for the day for them to be removed only to be categorised as a criminal for another two years It just does not feel fair for such a minor offence is there any thing that can be done to change the law or Im I alone in thinking that it is terrible
  13. Does anyone have any references to s172 decided cases? First instance would do... The defendant is getting booey with me and insisting its efforts at compliance are all 'honest' mistakes and would provide for relief (assuming it ever applies)
  14. Hi All New here and really ned HELP! Two issues; 1. On my TMB Flexible Options Agreement on headed paper from TMB it states ; "Credit Agreement regulated by the Consumer Credit Act 1974 on...Property address" - This agreement was signed on by Kevin Wood on behalf of the lender on 14th Jan 2008. 2. Under the heading "Other Financial Information" it says Total Charge for credit is £129.50. This is made up of interest. The amount borrowed was £354,375. - The term 20 years - The APR 7.9% varible. On issue one I would appreciate help in relation to the agreement - is it enforcable On issue 2 I would appreciate input in relation to the figure which is wrong? that would indicate that TCC was 129.50 for 20 year term? does this figure impact the agreement? Thanks in advance to any kind enough to help
  15. Hello, I wonder if you can help me.... Back in 2009 I was awarded a settlement through the Ombudsman for PPI with a bank for a loan. The bank was ordered to put me in a position had I not taken out the PPI so they set me up a new account, new number, new loan amount, new payment amount etc but DID NOT ask me to sign a new agreement. I've repaid the debt now but want to know under the CCA 1974 section 82 here (http://www.legislation.gov.uk/ukpga/1974/39/section/82). Should they have got me to sign a new credit agreement??? Thanks O
  16. If a credit account has been terminated by the creditor, is the creditor entitled to keep charging default interest as to S.86 (B) CCA 1974
  17. Hi Any advice welcomed please. I took out a finance agreement to purchase car some 42 months ago there is still18 months to run. The car is not well and ideally I would like to be rid of it. The interest rate is also phenomenally high. I was desperate for a car at time I purchased and was grateful of any finance at the time. I was advised by a friend that if I had paid over 50% of agreement off I could cancel under the CCA 1974 s99. I have read the agreement and it states the car is the security and that the agreement is not cancellable under the CCA 1974. I have looked at a few posts and most seem to indicate car finance is cancellable. Now not sure at all. I would be grateful of any advice please.
  18. Hi all I am very confused. I have been reading this forum for a very long time until I finally signed up. In the past when people have talked about sending a CCA request and that the result was unenforceable they have been told that this site does not condone debt avoidance, Fair enough, neither do I, if you owe a debt you owe it. More recently I have seen some more posts where members of long standing have been talking about debts being unenforceable or do not comply with the CCA. So does sending CCA request work and can you get out of paying a debt if the creditor doesn't comply. Really confused about the ethics of it all Thanks
  19. I am now resident in Australia ,have a clean Aus drivers licence and want to buy a car in UK rather than Rent. The UK insurance co's are gougers when it comes to premiums. To get a reasonable rate i need a UK licence . I have my expired licence which exp 1974 . Is it possible to get it renewed without all the rigmarole of a new test? After all, I can drive on my Australian Licence. I cant find any answer in DVLA nor email contact address Appreciate any advice. I travel Sept 1 2012
  20. On the 21st August 2009, I ordered a Driving Instructor Course. The Course Agreement was between me and LVG Ltd trading as Red Instructor Training was signed 28/08/2009 in the sum of £3728.01. Clause 4c states that no refund is due if cancelled over 30 days from enrolment. (i.e. over 30 days from 28/08/2009) On the 24th August 2009, Barclays Partner Finance issued to me the Fixed Sum Loan Agreement. The Fixed Sum Loan Agreement between me and Barclays Partner Finance was signed by me 28/08/2009 in the sum of £3,728 plus £569.68 Interest @ 9.9% APR repayable £119.38pcm. On the 28th August 2009, LVG Ltd trading as Red Instructor Training issued Invoice numbered 24564803 in the sum of £3728.01. The Invoice clearly states that Remainder to be paid by Clydesdale. 4 months of repeated excuses by LVG as to why no course date has been set yet pass by, so i ring them expressing my intention to cancel the agreeement. On the 11th January 2010 LVG Ltd trading as Red Instructor Training wrote to me acknowledging receipt of my intention to withdraw from the Instructor College course training and confirming that I am not entitled to a refund and confirming that the option of returning to the course remained open indefinately. On the 16th February 2010 LVG Ltd trading as Red Instructor Training went into administration. On the 17th August 2010 Driving Results Ltd trading as Red Instructor Training wrote to me to confirm that they no longer provide the 2 weeks intensive Dring Instructor Training Course. On the 14th January 2011 Clydesdale Financial Services Ltd trading as Barclays Partner Finance wrote to me to advise that a specialised Debt Recovery Agency will be contacting you in respect of the above account. I now turn to the points that need to be looked into further. 1. Other than the verbal intention to withdraw, did you ever actually cancel the Course Agreement ? i.e. subject to the administration of LVG 2. There is an extricable link between the LVG Contract and BPF, LVG introduced you to the Lender of that there is no doubt. 3. I need to check what rights that brings with it under consumer credit legislation.
  21. Hi all Bit of an odd one so I thought Id ask. My friend was getting calls from a company called Palladium who were recovering an unpaid overdraft/unsecured loan for about £17000 in total that had been with Barclays. He knew he owed monies to Barclays but not so much. I sent them a letter quoting the consumer act and an authority and they sent me back some stuff which had no relevance (no signed agreement, no relevant contract, just the terms and conditions of Barclays current accts!!). I brought it to their attention that they were in breach of the act, and that any more chasing of this debt would be classed as harassment. To my shock they replied and agreed to everything I said! They sent me a load of rubbish – apology for this- also they would close their interest in this. So what happens now? Debt is unsecured, over six years old (statute barred?). Will they sell it on? If they are part of Barclays will they give the debt back? As they are in total breach of CCA 1974 (and they have admitted this) does my friend have any future rights?
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