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  1. Having read this forum and had a pretty good solicitor in a recent case, I have cobbled together what I perceive quite a nice defence, if anyone is interested. Obviously people would need to tailor to their own needs. Just really mentioning this to give something back to an excelllent forum and Dx100 help. shall I post it up? It does not include which I have read here recently.: 1) Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009) 2) Show how they have complied with sections III & IV of Practice D
  2. Hello, Can property owners create a tenancy agreement themselves, without any qualifications, experience or license or registration to any bodies?
  3. NRAM (Northern Rock), dodgy documents and agreements. Hi and thanks to all who contribute to this site. Flushed with success at my PPI refund with another Ex creditor I thought I'd start on my NR mortgage. In 2006 I re-mortgaged my house with NR to pay off a previous mortgage and some loans (taken out with NR). The present account is not the 16 digit account that I read about though I can only find the mortgage offer and not the agreement. Also I believe that there is PPI on some of the other loans I had with them in the past (and perhaps the current one).
  4. Hi thanks for the advice. The other is from Barclaycard signed in 2000 . I have the credit agreement with a signature but this time there are no terms and conditions enclosed with the agreement nor on the actual application form . I do once again have correspondence from Barclays and Link regarding the sale of the debt. I have attempted with both original lenders and with Link to settle the debts on behalf of my partner as she is stressed with the situation Link require around 60% of the outstanding sums and i do not have the money available to do that and suppor
  5. Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the
  6. Am I correct that the prescribed terms for a fixed sum variable rate consumer credit act agreement is: a amount of credit b interest rate c amount of payment Credit £25,000 Interest £9.319,57 applied at 4.5% above banks base rate 5% payments £408.68 x 84 Theres no total amount payable as this could alter due to an interest change throughout the time of the agreement. However, the amount of credit plus the interest applied to the credit do NOT equal the initial monthly payment? £25,000 plus £9.319.57 = £34,319.57 divide by 84 payments = £408.56 This pa
  7. I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?
  8. I recently applied for credit with a loan provider. I was accepted for the requested amount and was provided a loan agreement to electronically sign, complete with terms and all the necessary information. I signed it and it was signed on behalf of the provider, which was emailed to me as a PDF. Now, the provider is requesting bank statements and ID verification, and have cancelled the original loan from my account. Is the loan provider legally obliged to continue with the agreement they originally signed or are they even capable of backing out? Thanks in advance, Michael.
  9. I have started having a sort through old paperwork from the last 20 years, imagine my surprise about the gems one finds. My first loan was with Barclays in 1996 for £1795.44 and PPI was added, I was self employed at the time. The next loan was with Barclays in 1997 for £7273.40 and used to pay the previous balance off.... PPI added....I was still self employed Then had an egg loan in 2000 for £5831 which was used to pay off the previous balance( PPI added). The next egg loan was in 2002 for £15241.66 which was used to pay off the previous balance( PPI added). PPI settlement
  10. I'm about to submit FOS questionnaires pertaining to a couple very old credit card accounts. I believe the PPI associated with each of these cards was mis-sold for a number of reasons. At the same time, I signed up for both these cards 20-odd years ago and, that being the case, my recollection of exactly what happened is a little bit hazy. With that in mind, I have sent off Subject Access Requests in the hope that it might shed a little more light on proceedings before I complete the questionnaires. I appreciate these are unlikely to yield a copies, even reconstituted ones, of my ori
  11. Well now you know why your Local Library or Swimming pool is closing down ! No money for social care - because staff are being paid to prevent whistleblowing or criticism of bosses. Local Authorities are apparently requiring staff who are taking early retirement/redundancy or leaving after a dispute, to sign a gagging order (compromise agreement). It would appear that the person leaving receives more money if they do this.
  12. 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 thi
  13. Hi, I had an Egg loan way back in 2004 for £10k. Egg added £1,750 to the loan for PPI making the total I signed for £11,750. Cutting a long story short I ran into financuial trouble in 2008 but made an arrangement to pay reduced amounts (actually ignorant of the existance of the PPI - I'd forgotten I had it - and Egg conveniently forgot to remind me.... but no matter). However, when I became aware in 2010, I started asking difficult questions eventually culminating in Direct Legal & Collections writing to say to stop paying. The total remain
  14. Can a borrower be a defaulter if a credit agreement is unenforceable? Whilst looking for information on this subject I came across a case that I am struggling with slightly, see attachment. This seems to be a complex question and I am looking for clarity on this subject. Using the information within my attachment can someone clarify whether or not it is correct to make an entry in to a debtor/s credit file that they are in default. "Dispute Resolution analysis: Can a lender properly register a default with a credit reference agency where a borrower has not made paym
  15. Do PH change the agreement number when they re write out a 2nd agreement. I'm asking this as my original agreement had all the insurance etc on and when I had this all taken off and they gave me a different agreement copy. now when I pay weekly and receive my receipt I can't tell what agreement is for what as the numbers on receipt are different to that of my original agreement which means I can't work out whats what and when an item finishes by own reckoning.
  16. enough talking, phoning, writing, speaking to fscs, speaking to fca, speaking to fos, writing to welcome, writing again to welcome, writing to insurance... enough we get nothing back. financial refunds are made back to welcome and the calculations are far from the real accountable data. they are outside the interest of financial law. while we continue to fill there pockets. its wrong. end off. i am forced to begin a public publicity appeal and register regarding all welcome finance abuse.. they must be hundreds of thousands of people like me fund
  17. I want to bring to the attention of the Caggers a practice by TfL that I believe has serious implications for Car Hire Agreements. I’ll explain. A friend of a friend brought to my attention that TfL has been telling Car Hire firms that they are liable for Congestion Charges and PCNs if the agreement they have with the hirer is for more than a 6 month period. TfL stated the following to support their assertions: Section 66 of the Road Traffic Offenders Act 1988, which is the adopted definition used by the Road User Charging Regulations, requires that a hire agreement must be for a f
  18. Relative debt of which I have tried to help with. Original debt £5012 when Cabot took over in 2004 with what I think is a flimsy Assignment, debt now at at £11,216. Cabot were paid each and every month at £25 up until last year when a SARS request was sent to them (not to be confused with a cca request which has never been requested of them) . They responded to the SARS, they were then sent a further letter asking if all that was contained in the SARS was all that they had and nothing more. They responded saying yes it was....Which then clearly demonstrated that Cabot are quite go
  19. hi, i have requested the document proof from my creditors they have not provided no documents it is over 14 days, what shall i do? also where do i stand in terms of paying the debt or managing the payments. can i oppose that and get out of not paying. pls advice
  20. Hi can anyone post a copy of a Nationwide credit card agreement from before August 1999. Cheers. These don't seem to contain prescribed terms.
  21. Hi i am disputing a copy of a loan agreement i have asked for from major bank Its a very shoddy copy and some of the type set has changed and also looks like been copied over. I was just wondering what legally is passed as a exceptable copy , as there is no loan number and there are no terms and conditions The bank say the have ful filled their duty with CCA section 77 Just wondered if there are any other avenues i can go along as i disagree with certain parts of the agreement. As feel the agreement is not a genuine copy many thanks
  22. I have a weird problem I took out vehicle finance with a company (no names yet if thats OK) There were a few things I was not happy about and just before having it for 1 year the finance company agreed to take the vehicle off me and not chase me for any outstanding balance. My questions is this - They agreed to take the vehicle back and not chase anything outstanding, but my credit file is showing a default and £12k outstanding. This cant be right, surely? - Also the finance agreement was a joint agreement with me and my partner, yet only I signed for it. Shouldn't it
  23. I have in place what I believe to be a fairly watertight Tomlin. Not (in the grand scheme of things) of great value. Without going into the exact details I sued for PPI, CPP, DPA & CCA non compliance plus a few charges which it settled prior to prelim.....pretty much everything I could think of after it rattled my cage. My issue is that it seems intent on publishing the originating agreement with a non existing balance which has been compromised by the order. In effect I reversed a £2k debit balance to a positive balance of £7k....yet it has recently published the originating acc
  24. I think this is important so can the admins please sticky this... Any queries, let me know.
  25. Sorry friends, I am not a pro. Please can you take a look at these and tell me if I was charged PPI? The copy I hv recd. is not very well scanned either. Thanks
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