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  1. Hello All I have a Welcome Finance CCA which for one reason or another has been bought by MKRR. I CCA'd them last September, and they have sent me a copy of the front page of the agreement with no T&Cs, but the thing that is puzzling me is the figures stated on the agreement. They are as follows: Total amount of credit = 2945.43 Payment over 65 months APR = 20.80% AIR = 19.6% Total charge for credit = 1805.93 Monthly Payment = 73.07 Made up of Acceptance fee = 75.00 Interest Charge = 1728.93 All well and good, and I am no accountant, but I have work this out on several online loan calculators and got the same amount on each of them, which is different to that on the CCA. They are: Total amount of credit = 2945.43 Payment over 65 months AIR = 19.6% Monthly Payment 73.88 Total Repayable = 4802.43 There is also no total repayable on the credit agreement. My question is, is this CCA enforceable? I was under the impression that the figures given should be correct. Please help Total charge for cretid = 1857.00
  2. Good morning all, Please could anyone advise if this is an enforceable CCA - received from Lowells for a Vanquis credit card. They've added a sticker with a company reps signature over the date with my signature, which is oddly located - I always sign squarely in the centre of any box. Plus are the elements all correct as I have looked but just not sure. Many thanks in advance.
  3. Hi peeps Sainsbury’s / Lloyd’s cca sent back. I won’t scan the rest up ( I don’t think I need too ) it’s just freshly printed reconstituted version. This defaulted back in 2009 Card was WELL before 2007 I guess it’s just Bog roll ? They sent back the cca postal order (£1) Thanks everyone Scan 19 May 18 R.pdf
  4. Hi Recently received a reply from Amex in reference to BA Amex card from 2005. Attached is what they sent. Can you please advise if this is enforceable in court of law? Thank you. Amx.pdf
  5. Got a letter before action letter from a spreadbet company, stating I owe them £3k, as my account is in debit. I havent used this account for 11 months. The debt was caused by the Swiss National Bank removing the peg, so a small bet (in wrong direction) wiped out my account and more. A bit like this: http://www.telegraph.co.uk/finance/personalfinance/investing/11562202/How-370-investors-lost-18m-in-minutes.html Is this debt enforceable in a County Court? As its not regulated by a CCA, but it says in their T&C that debit balances need to be made good. What steps should i make next? Billy
  6. Scenario: Credit Card debt now with CLS, dating back to 2010, arrangement in place for £1 per month since then. Still paying. Nothing on credit record. CLS asking for lump sum to clear account and mark as partially cleared. This fell off credit record last year. Can it be reinstated and marked partially cleared? Any comments or advice please? Thanks.
  7. Hello anyone out there who knows what's what re CCAs and DCAs etc - will cut short a long story, an original creditor defaulted me 2/3 years ago on a credit card debt, on assigning the account to a DCA, registered amount owing at £0. DCA wrote demanding payment of original debt and I replied giving reason I believed debt to be unenforceable - DCA replied saying would look into this and usually required 4 months to do so. At end of 4 months, I noticed DCA had 'updated' the default, with original amount said to be due, without notifying me, this being some 5/6 weeks ago - still have had no reply from DCA - is this in accordance with any of the various terms of credit card acts etc? - or should I have been written to prior to default being updated - I did read somewhere you could only be defaulted once per debt- More than grateful for any comments on this - thanks in advance.
  8. Hi, I am in a bit of a quandary and would be very appreciative of some advice. I'm currently renting a property with a fixed 6 month Assured Shorthold Tenancy Agreement (it's a shared house but we all have our own contracts) which commenced at the start of May. The landlord wants us all to move out so essentially he can extend the property and rent it out to more people in the future. He's offered an alternative property but I'm not keen on it because it's got a smaller kitchen, is in a different area, has no dining room and is more expensive (it has a private bathroom). As such I don't want to move and as a result he's threatening a rent increase. In the contract it states the following: - "This is an agreement to create an Assured Shorthold Tenancy as defined in Section 19A of the Housing Act 1988 or any successor legislation (the "Act")." And the clause which specifically applies here is as below: - "The Landlord may increase the Rent for the Property upon providing to the Tenant such notice as required by the Act." So what I'm not clear on is the notice period that is being referred to above that he has to give before increasing the rent within my 6 month contract period, it's quite an extensive document! (I want to move out by then so there's no worry about the contract expiring and it then being raised) In the Housing Act it references different dates for the length of the notice period (such as "in any other case, a period equal to the period of the tenancy" - section 13 3c) but I know that this relates to rent increases under assured periodic tenancies which doesn't apply to me because I have the rent increase clause in the contract. Also I have seen on this forum that "A clause in a contract is not enforceable in court if: (b) The wording of the clause is not clear enough for the tenant to be able to tell what the increase will be. It should state the amount of the increase, or give a formula for how the increase will be calculated (e.g. by applying the Retail Prices Index). And it should say how much prior notice of the increase the landlord must give the tenant." So also is the clause in my contract enforceable due to the seeming ambiguity? Phew! I hope that's clear, if anyone could provide some advice to help that would be much appreciated to help me understand what my right are. Thank you for your time, TT
  9. 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?
  10. I'm assuming there is a precedent to this. I have a debt to the Council for back Council Tax which I have been paying back as and when I can afford it. Today Bristow and Sutor sent an enforcement agent (who told them he was a bailiff) while I was out and luckily they did not let him in. Nothing, apart from a few items such as my bed and an old stereo which is worth pretty much nothing, on these premises belongs to me as I am just a lodger here and the room is furnished by the landlords. I have never denied that I owe something but the amount is in dispute I have told B&S this previously but they have ignored all my letters. The bloke cleared off when it became clear he wasn't being allowed in but I suspect he will be back. Apparently he was eyeing up their car and I would obviously hate for them to become involved when it is nothing of their doing. Do these people have any claim to anything on the premises and where do we stand if they return in the future? I have spoken to the Council but they say it's out of their hands now although I suspect they could do something about it if they wanted to. Thanks in advance for any help and advice
  11. My wife CCA'd the RBS regarding her credit card. They have sent back a copy of her application form (below) and a copy of a 7 page Credit Agreement. The copy of the credit agreement is unsigned (in fact there is nowhere on the agreement to sign) so I imagine if thats their best effort, the agreement is unenforcable. What do you think folks.
  12. I am trying to get my finances in order and have been reading up on forums about those who have had successes dealing with DCAs, but unfortunately my accounts don’t seem to make sense. I have four default accounts on my credit file, showing a D sign every single month on my account, but I have three payments from DCA going out of my account two I know why I am paying but PRA I don’t know what its for, and the two bank account overdrafts I have defaults for I don’t know what is happening with them and what to do. Should i send out CCA letters to all creditors including barclays and natwest? On my credit file are these four defaulted accounts Lender Idem Capital Securities Current Balance £1,868 I am paying this via direct debit reduced monthly installment at the moment, this has been passed from Agilent to Moorgate and now to Idem and I it was so long ago now I cant even remember who the original company was who I took a loan out with. Lender NWB Current Accounts Current Balance £1,691 It says I am paying £5 per month but I cannot see any standing order or direct debit going out of my account for £5 per month, so I have no idea what is going on with this account. Both Barclays & Natwest overdrafts have been passed over to DCA I am sure of it, but I am unclear on who they are or what is going on with these accounts. What shall I do? Do I chase up with the actual banks to see what information they can pull up (send SARS) Lender Barclays Bank plc Current Balance £1,590 Similar to my Natwest account, I do not have anything on my bank account showing I am paying them, yet it shows I am paying £18 per month, once again I do not know how to handle this and whether I have a DCA I am paying, I haven’t received any letters for a while and I don’t have a clue what I should do. Lender MKDP LLP Account Type Credit Card Current Balance £264 Finally I have a PRA Group direct debit set up for £8.86 per month but yet again I don’t know what debt this is for now, as it seems to have been set up some time back, with moving and getting married last year I lost a lot of paper work and I cant remember what DCA is for what account and why now. DCA payments: Idem Robinsons Way this is on my credit file under MKDP (are they the same company?)But there is nothing on my credit file saying I am dealing with Robinsons Way PRA Group £8.86 No clue whatsoever why I am paying this and for what account.
  13. Hi I am new to this forum , although did originally have some excellent help at the end of 2009 , from the original Penalty charges forum on other debt matters , so Im desperately hoping I can gain some help now in dealing with this final matter that is still ongoing since then and has now escalated to a CC claim being issued . Firstly I sincerely apologise for the length of this thread , Im just now desperate to know best action to take and so wanted to try and included all details that would be required. Im in a position of not knowing whether there are any grounds for this CCA is unenforceable or whether I need to try and quickly reach a settlement agreement with Cabot who have issued the CC claim as now the legal owners of this debt. I have already registered on MCOL the “acknowledgement of service” on the 20/3/15 , having received the CC claim issue date of the 4/3/2010. Im simply cannot deal with a CCJ being issued , as I have recently been suffering from health issues because of Stress & anxiety , consequently off long term sick from work and having to have medication for the stress and depression. I have managed over the last 5 years to try and start to rebuild my life and dealt with all other debts and cannot face another 6 years because of a CCJ ! Im afraid Id just reached the point & desperation with this Cap 1 account , as I managed to sort other debts out however it all become to much for me to deal with as I was getting nowhere reaching a similar settlement figure with this as I had with other creditors. Im afraid I suffered ill health most of last year and just wasnt in the mental health to deal with it any further , so it got ignored ! Very Stupid I know but as I say I simply was not well enough to focus on this any more at the time. Any help and advise would be very much appreciated , I really dont want this matter to send me over the edge again . Thank You Details I believe you will need are detailed below : (any other details required please ask & i'll try to post up asap ) Name of the Claimant ? Cabot Financial UK Limited Date of issue : 4th march 2015 What is the claim for – the reason they have issued the claim? 1.The Defendant entered into a credit agreement described by the original creditor as CAPITAL ONE – CREDIT CARD and having account number XXXXXXXXXXXXXXXX (‘the Account’) 2.The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3.The Defendant is indebted to the claimant in respect of the account in the sum of 16919.87 4.The claimant claims the said sum of 16919.87 , plus costs. What is the value of the claim? 16919.87 credit card When did you enter into the original agreement before or after 2007? 22/7/2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Letter from Cap 1 on 4/5/11 advising they have sold the account to Cabot Financial UK Ltd on the 29/3/2011. Cabot Financial UK Ltd will start reporting against your credit file within 30 days of you receiving this letter Did you receive a Default Notice from the original creditor? Yes on the 7/5/2010 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes debt has been passed from Cap 1 , then FPC debt collection services (on behalf of cap 1 ) , Then Fredrickson International Ltd , then passed back to Cap 1 on 15/12/10 , then sold to Cabot on 29/03/2011. Sent series of e mails to cabot through 2012 stating they had failed to provide the required details and a valid true copy of CCA to me. Why did you cease payments? Redundancy / marriage breakdown & costly divorce / returned to live with parents & they offered some limited financial support to try and resolve & clear my financial crisis out ! Made offer to Cap 1 along with all other creditors on a pro rata basis as I was advised to . Capital 1 was the only one that failed to accept. What was the date of your last payment? Last payment on 3/1/2010 , then could no longer afford to so missed payments from Feb 2010 onwards Was there a dispute with the original creditor that remains unresolved? I disputed the amount as at the time I originally contacted Cap 1 and advised of severe financial difficulties the amount was £15613.65 less £748 charges so £14865.65 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes made a offer of £6237 to cap 1 , as full & final settlement on acc as represented circa 42% of the debt at the time . the same % basis that I made to all other creditors that accepted the settlements on a pro rata basis. Offer made on 25.01.10 , details attached . Later offer made to Fredricksons International Ltd as DCA on 22.11.2010 of £7500 as circa 46% of the debt. Response from Fredrickson on 30/1/2010 indicating offer would be accepted but need me to call to discuss matter. Letter from Cap 1 on 15/12/2010 advising matter no longer with DCA (Fredickson Int Ltd ) but been returned to Cap 1
  14. Looking for a bit of advice. I was at my local supermarket this morning with my 2 year old, who we have just started potty training. As we entered the car park, he told me he needed a pee. Which, at the moment, means he literally is about to do a pee right now! I therefore parked my car in a total rush, and inadvertently parked in a disabled bay. (I saw the hatched area alongside and wrongly assumed it was a mother and child space). Took him to the toilet in the supermarket, did my shopping, and came out to find a parking ticket on my windscreen. Grrr! It was a genuine error on my part. What I need to know is whether this ticket is actually enforceable. I have read that disabled bays may not be enforceable on private land, but there was very clear signage up stating that these spaces are for blue badge holders only. One of my sons is actually registered disabled (deaf in both ears), but he is too young for a blue badge. I'm not sure whether to appeal on the grounds of the fact that I actually have a disabled child, or whether just to ignore the letters that will no doubt start to arrive in the coming months and hope that nothing more comes of it. We are based in Scotland, and if it makes any difference the parking company is Horizon.
  15. Hi all, I'm afraid that I've been a bit silly. My son has lived in a flat for years with some old friends and recently one moved out. They replaced him with another boy who they didn't know and had to sign a new joint tenancy agreement. With the first one, I filled in an application and signed a deed of guarantee in addition to signing a box on the tenancy agreement itself saying 'Guarantor'. All of the other parents did the same. This time, I only saw the page I needed to sign and signed in the Guarantor box, didn't fill in forms/sign anything else, as did the other parent. The new boy is employed so didn't need a guarantor. The fixed term has now come to an end and my son and his friend have moved out. Unfortunately the other boy won't budge. Will I have to pay to cover this? I'd only intended to cover my own son. I've since seen the whole contract and the only reference it makes to a guarantor is in the definitions section where it says that the guarantor is responsible for discharging the tenants obligations. So essentially I have two questions: 1) Did signing in that Guarantor box officially make me a Guarantor or is it invalid because I haven't filled in anything else? 2) Do I still have to cover costs once the fixed term is over? Any help with this would be greatly appreciated!
  16. Hi Everyone, I'm new here, and looking for some help if I may. Many years ago, I had lots of financial difficulties and have spent the last 10 years trying to put everything in order. Various creditors were paid, some have become statute barred. Which leads onto now. I was under the impression that I was finally debt free, until this weekend when I checked my Credit File with Experian, and found that on the 3rd July, a CCJ was registered against me from Howard Cohen & Co, chasing an old joint current account overdraft of £1811.23. I haven't had any dealings with this debt since 2008 I would say, have never been contacted for it, and moved from the address around 2007 I think. On my credit file, the default date was 05/11/2008, and has since dissapeared. However, after calling Howard Cohen & Co this morning, they have informed me that a payment was paid into the account on 07/11/2009, meaning it is within 6 years and not stature barred. I don't recall making any payments and have requested proof of this. They told me they would need to request this from Santander, and would let me know in due course. In the meantime, the account is on hold with them. The thing is though, it is all well and good that the account is on hold with them, but if it turns out the debt is enforceable, and I don't pay it in full before the 3rd August, I will have the CCJ on there for 6 years. This isn't something I can let happen as we are trying to put ourselves in the best possible financial shape for a mortgage. I called Santander myself, and asked if they had any record of this payment, and was initially told no, they do not. However he then asked their collections department if they could see the payment and was told that yes, they can! I asked by what method was the payment made, and by whom, and was told that they do not have this information. I was told to go into a branch and request a statement from that time period to see the payment that way. So off I went to a branch this morning and on their system, there is no activity whatsoever after 12/11/2008, where it just says "account closed contact collections". The branch assistant then called the collections team from the branch, and put them over to me. I was told that they can see the payment, but it just says that it has come from a 'Debt Collection Company'. I then did a little more investigating and have been told that they can see that the debt was with DMS Debt Managers, and then Credit Security, but no other info. They have told me they would see if their back office has any more details but it would be extremely unlikely. So I called Howard Cohen & Co again, and explained that there is no evidence of the payment, and as such the default date remains and the debt is statute barred. I have also scanned in and sent them the statement I was given showing no activity after 12/11/2008. My questions right now are; 1. If they can't see who exactly made the payment on 07/11/2009, does it still count? 2. If they can see it's a Debt Management company, do they still need more than just the companies name? 3. If Santander can provide no more evidence, again, is it unenforceable? If it turns out the debt is enforceable, I will pay it before 3rd August so as to get it removed from my credit file asap. But if I am not legally obliged to pay it, I won't be. Any questions to clarify anything please ask or if I need to give any more info I can do. Many thanks in advance to anyone who is able to help.
  17. An old old debt has come back to haunt me. For the record, I have not responded to the debt collection agency (DCA) and have at this stage, no intention of doing so. However, if this is the 'debt' I think it is, it seems to have been purchased by another DCA. The last correspondence I had with the previous DCA was, I think, over 10 years ago. What I need to know first is this. Is an old judgement (probably 1998/1998) still enforceable even after years of no-one chasing it and even if another debt collection agency has purchased the debt? What I then need to know is this. Can I request the court to set aside this judgement given the following facts: Firstly, the previous DCA never sent me notice of going to court - and I mean I had no knowledge of the CCJ before it came through my letterbox. This was 1998 or 1999 if memory serves - I can't remember exactly but that feels about right. At that time I had no knowledge of debt collection guidelines or that I could have gone back to court within 30 days to request a set aside. Anyway, I did start paying as per the CCJ but it became impossible to keep up. So in the early 2000s - I can't remember exactly - I managed to get the court to reduce the repayments on the CCJ to £1.00 per month. The DCA was furious, became abusive, and continually threatened to go back to court. As far as I remember, they never did. However, eventually I sent a series of letters asking them to write off the debt as there was no realistic prospect of my ever repaying it in my lifetime at £1.00 a month. They repeatedly refused. Eventually I wrote saying I would no longer be paying the £1.00 per month and I invited them to take the matter back to court where I was happy to argue my case including that they had not had the courtesy - as per debt collection guidelines - to inform me they were going straight for a CCJ. I heard nothing more from them and as time went on I thought no more about it. However, I have now received 2 letters over the past 6 months from another DCA (the latest yesterday) and the amount of the debt appears to have doubled if not tripled. Their approach is that they are 'aware' that this account is subject to a CCJ but it is their aim to agree an affordable and flexible repayment arrangement etc etc. I have not responded and have no intention of doing so. Given that I am now retired and on a basic state pension and in receipt of guaranteed pension credit, my circumstances are the same, if not slightly worse than they were when I wrote to the former DCA telling them I would no longer be able to pay the £1.00 per month. The next question therefore is, do I keep ignoring this new DCA or do I stand any chance of getting the court to set aside this judgement based on the fact no-one has chased it for 10 or more years? Alternatively, what advice can anyone offer? PS: I think that once a CCJ is in place that one cannot argue statue barred even though it's well over the 6 year period. Thanks for your time.
  18. I am due in court a week on Thursday for an old credit card debt which was sold to Lowell in June 2013. I received the claim form from Bryan Carter back in September and asked them for a copy of the credit agreement upon which they are relying prior to entering my plea. They refused to do this and I filed a defence on the basis that they could supply no proof of this debt. They then sent me a Tomlin order to sign to avoid court I again asked for a copy of the credit agreement which they again refused. Today, they have filed their witness statement and enclosed the following document which does have my signature on it, however this is all they have supplied together with a bunch of statements and the assignment letter. Please can anyone tell me if this enforceable? I would like to be prepared before I attend court, if I don't have a leg to stand on then could I try the Tomlin order route? Typical that the default is 6 years old in September
  19. Hello, I got a CCJ and didn't defend it in time. The judgment was entered and since then Robinson Way have gone for a charge on my property. I have tried to stop that by offering to pay something in installments. The case has had to be moved from our local courts to one in the nearest city as it has closed down. What I would likt to know is is there any way I can perhaps ask the claimant to produce documents and if they fail have the case set aside or has it gone way past that now? Hope someone with some knowledge can lend a hand to a normal joe.
  20. Hope this is in the correct place? Would appreciate some views on whether this would stand up in court - have no intention of it getting to that stage but am wondering how it would be possible to get out of the obligation - aware that the tenancy wouldn't continue if no guarantor was in place. This makes no mention of the amount of rent due, and no word in this states it is a deed or to be taken as one. It says "this AGREEMENT is made BETWEEN the Guarantor and the Landlord Guarantor _____________ Address _______________ Landlords (Agents details) Address (Agents address) Tenant(s) ____________ Property _______________ Proposed tenancy commencement date ____________ "General Notes This is a contract by which the Landlord agrees to grant a tenancy in consideration of the Guarantor’s agreement to act as surety for that tenancy agreement. • This agreement is for use with the letting of residential property and their associated tenancies. As such, this is a legal document and should not be used without adequate knowledge of the law of landlord and tenant. Practitioners are advised to read the guidance notes that accompany this agreement. • It is essential that a copy of the proposed tenancy agreement is attached to the Guarantor Agreement and that the Guarantor is given adequate opportunity to read both documents before signing. • If the guarantor is not able to be present, in person, to sign the guarantee it is recommended that the guarantee is signed at least seven days before the tenancy is due to start. • This agreement has been drawn up after consideration of the Office of Fair Trading’s Guidance on Unfair terms in Tenancy Agreements." 1. The Landlord agrees to let the Property to the Tenant(s). In consideration of this, the Guarantor agrees to act for the Tenant(s) should he/they fail, for any reason, to meet the financial commitments arising from the Tenancy Agreement entered into in respect of the Property. 2. This Guarantor Agreement refers to the current tenancy being undertaken and any extension or renewal of that tenancy. All references to the Landlord herein shall be deemed to include the Landlord's Agent or any person authorised to act on the Landlord's behalf. 3. The Guarantor undertakes to pay to the Landlord from the date of this Agreement from time to time the Rent within 10 days of receipt of a written demand from the Landlord or his Agent addressed to the Guarantor if the Tenant following demand has not paid the amount being demanded when it was due under the Tenancy Agreement. 4. The Guarantor shall pay and make good to the Landlord on demand all reasonable losses and expenses of the Landlord incurred as a result of default by the Tenant in the performance or observance of the Tenant's covenants under the Tenancy Agreement. Any failure of the Landlord in demanding or collecting the Rent when it falls due, and any time to pay which may be given to the Tenant by the Landlord shall not release the Guarantor or in any way affect the liability of the Guarantor under this agreement. Should the Guarantor die during the currency of this agreement, the Guarantor’s estate will be liable as surety and co-principal debtor. 5. Where the Rent, or any portion of it, is paid by housing benefit or other benefit scheme, the Guarantor agrees to pay the Landlord or Agent for the amount of any claims arising from overpayment, which may be made by the local authority in relation to the specified Tenant(s). Such overpayments may occur at any time, either during the tenancy or within six years thereafter. 6. If the tenancy is for a fixed term, then this guarantee applies for the whole of the term and is not revocable during that term. 7. If the tenancy is periodic or has become periodic by agreement or the operation of law, then this guarantee may be terminated by written notice by the Guarantor subject to the Tenant vacating at the earliest legally permissible date required for possession. If the Tenant fails to vacate on this earliest date then the guarantee shall continue until the Tenant vacates. 8. It is agreed that there shall be no right to cancel this Agreement once the tenancy has begun and the Consumer Protection (Distance Selling) Regulations 2000 shall not apply in this case. SIGNED by GUARANTOR: __________________________________________________ _________________________ DATE: __________________ SIGNED by WITNESS: Name: __________________________________________________ ______________________ Address: __________________________________________________ ______________________ __________________________________________________ ______________________ __________________________________________________ ______________________ Witness Signature: __________________________________________________ ______________________ SIGNED by the Landlord / Agent : __________________________________________________ ____________________________________ XXXXXXX (agent for Landlord) XXXX XXXXXXXX Currently the contract is due to run out, no mention of renewal has been made to the tenant, the agent has been shoddy at best with paperwork with one instance court paperwork being issued against the guarantor and £300+ in fees being added to the account without anyone even receiving prior to that a written notification tenant was behind... Any opinions would be appreciated.
  21. In 2007 my fiance took out a loan with welcome finance. They came to the door out of the blue (just happened to be in the area!?) and he was told they could get him the credit the next day if he signed that day, he was told he wouldnt be approved for the loan if he waited any longer. He then signed as he desperately needed some money. The loan was for £2000 for a period 36 months. Total charge for credit would £1814.92 with an apr 60.35%. The PPI box is ticked though my fiance was not asked to sign underneath the box where it is stated he should. It also says that by signing this agreement you have declared that you have signed this agreement at our business premises which is obviously not the case. The agreement is not signed or dated for and on behalf of welcome finance in the box it is requested. My fiance asked to cancel the loan a week after he took out the agreement but was told his cooling off period was over. On the agreement it simply says "once you have signed this agreement you will have for a short time a right to cancel the agreement" The agreement also says there will be various charged for telephone calls to him (£10), letters to him (£10), if any payment made is returned unpaid (£20), we have to visit you (£25). My partner then stopped paying as he knew he couldn't afford it, hence why he tried to cancel. The whole situation and agreement sounds pretty dodgy and the guy was very pushy, saying my fiance needs to move out of his parents house and the money would help him do this etc. can anyone help with what to do to battle these guys? its been sent to various dca and a default entered on his credit file. thanks!
  22. Hi everyone, its me again with another debt. Stupid me got burden of debt. I received a copy of my agreement with no terms and condition. I also received few statement showing my token payment. What I have also noticed from the statement is, credit limit on Capital one credit card was £1250 however debt went up to £1694 after I enrolled with DMP. I guess they are all late payment charges. I have already sent SAR to Capital One. Now my big question is, is this debt enforceable at court of law? Is there anyway I could get out of this? Should I make F&F offer to Rob&son Way? I have 10 days to reply but I am going away for 3 weeks towards end of next week. I don't want CCJ as my CRA file is clean and don't want court letter while I am away. Please help.
  23. I under duress signed a personal guarantee to my CA for invoices outstanding by my limited company. He forced me to sign when he realised liquidation was looming. My company was liquidated by HMRC and he is now chasing the amount due personally. He has closed down his accountancy firm and assigned the debt to himself. He is seeking payment to him personally under this guarantee I made to his company. Can he do that??
  24. Hi all, Could you please tell me if this credit agreement is enforceable? 1st credit are chasing it and have placed default against my name for 474£ The problem is i don't remember taking loan from cash euro net uk/quick quid! It took 1st credit 80 days to send me the credit agreement. I'm still waiting for default notice from them. Thanks kb
  25. Hi all, I'm posting this on behalf of a friend who has no internet access. She has been receiving letters for about three years from a well-known debt buyer whom she doesn't want me to name. She's very nervous about anything being on the forum. She took out a credit card in the 80s and could not afford to pay when her circumstances changed several years ago. First she got letters from the bank, and then they sold it on in 2010. She has only just told me about this. Apparently the debt buyer has written to her many times and they have sent a microfiche copy of one side of her application on many occasions too. It's headed 'Credit Agreement regulated by the Consumer Credit Act 1974 and appears to have the prescribed terms. They have also sent the back of another agreement from around the same time. It's clearly not the back of the application form. At one point the debt buyer passed the account on to their nastier debt collection department but it's now gone back to the main office. Obviously she's been very worried about this. Can any of you think why they are not enforcing? Could it be because they only have a microfiche? Thank you. DD
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