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    • Welcome to the real world. What year of university are you in? What university? And what are you studying? What is the name of the agent? And what is the name of the landlord? The business of holding deposits should be affected by the Consumer Rights Act 2015 and that means that they should be subject to terms relating to fairness. It seems to me that if you pull out of an agreement to take the property then the agent or landlord should only be entitled to hold on to sufficient funds to cover any administrative losses which they have suffered as a result of your change of decision. In practice many agents will simply take the opportunity to cream off a bit of extra profit. I suppose you just paid the money over without any kind of written agreement or recording or any evidence. Certainly, if you paid over a holding deposit on the basis of a particular contractual promise – that there would be a break clause and then subsequently there was no break clause then it would be a simple matter to argue that it was the agent of the landlord who had gone into the breach of contract in which case you would be entitled to recover all of your money. However do you have evidence of this? Similarly, if you pay the holding deposit and were only told afterwards that it was not refundable then it is arguable – although not cut and dried – that they had introduced a new term into an existing contract and so once again, you would be entitled to recover all of your money. However, once again – do you have any evidence of this? It will be interesting to know whether the agent is acting of their own initiative here or whether they are really exercising the will of the landlord. Please address the questions which I've put above
    • The house was sold in 2015. What’s Ll/BB. Can any one just say what I need to do. Or what I can do. Are Lowell in there rights to claim and therefore I’m liable for paying back the debt. Even though they can’t prove a contract to me in my name. Many thanks 
    • Hi GrievingMum   I fully understand and sympathise with your medical conditions.   The 3 screenshots/images in post#21 I have removed as I have converted those into one PDF which is now showing in that post.   CAG prefers PDFs rather than multiple screenshots/images but as I said I appreciate your medical condition so I have converted those screenshots/images into one PDF and removed the screenshots/images and left the PDF in your post.    CAG also prefers that all our caggers remain Anonymous on CAG, could I just suggest that when your have edited your document to just leave it for a while then go back to it and recheck that you have removed all info to keep you anonymous before uploading to CAG.
    • The letter send to contact them. Maybe if they wanted people to ring them they should put telephone? I was in India at the time so not really convenient to call them (I can prove this to them if it became an issue)  
    • Hi  I genuinely have not received this BUT I am not saying that it hasnt been sent as I am sure it will have been.   As i said, my son has the same name as me and I am sure if he had seen one of these, he will have let me know as he did when he opened the second letter. 
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IdaInFife

Is this statue barred?

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Hi Folks,

 

I went bankcrupt nov 01. House was repossed.

 

Me and ex had a secured loan on the house at that time.

 

My ex mother in law received a letter at her address for my ex (hasn't lived there for over 10 years) from (i think) macdonald rankin and partners chasing the loan.

 

She has returned the letter NOTA.

 

Does this 'secured loan' become and unsecured loan when the house was repossed?

 

 

Idax


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Hi there.

 

Are you now an undischarged bankrupt? Did the OR deal with this debt?


All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hi Tiglet,

 

Yeah this debt went thru my trustee and i was discharged a couple of year ago. It was only me as me and my ex had seperated prior to me going bankrupt.

 

The letter is in my ex-husbands name so they are persuing him for the money. I am trying to find out for him on what the situation is with this.

 

There were more creditors and 2 chased him for payment, council tax which he has paid off and a bank loan from bos, but at the time he had no income and the bos wiped the debt ( amazing i know and he still banks with them too).

 

This loan was a secured loan in joint names. The last payment made to them was in 2001. I went bankrupt and this is the first my ex has had any contact from albeit he does not live at the address so his mum returned to sender as i thought it would give him some time to find out what to do if they do come across his correct address.

 

 

Idax


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If the OR dealt with your part of the debt, harsh as it may sound, it is your ex's problem.

 

I would suggest he speaks to the CIB or a debt counselling charity about his part of the debt.


All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thanks Tiglet,

 

I know and as we are still good friends i said i would ask on her for him,

 

 

idax


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Someone may come along with a bit more knowledge than me - all I can suggest really is that he calls a debt counselling service or the CAB.


All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I would suggest he contacts either National Debtline

FREEPHONE: 0808 808 4000

Monday to Friday 9am to 9pm

Saturday 9.30am to 1pm

 

or Scottish Debtline (who are part of CCCS) 0800 138 3328.

 

As it was a secured loan they will have 20 years to pursue it. Who applied for the initial writ and the section 24 notice? Was it the mortgage company?


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi rory and thanks.

 

As it was a secured loan they will have 20 years to pursue it. Who applied for the initial writ and the section 24 notice? Was it the mortgage company?

If you mean the bankruptcy I did a self sequestraiton.

 

My ex had left 6 months prior to that

 

 

idax


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Okay that clears that up. The problem with joint loans is that they can pursue either party as you are both jointly liable. Although the loan is no longer secured on anything it still legally has the status of a secured loan as far as The Prescription and Limitations Act is concerned, so it's 20 years for the capital of the loan and 5 years for any interest on the loan.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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thank you very much rory,

 

I asked this way back last year and got a few different answers but after a little reasearch that is what I got but wanted to make sure.

 

I'll let him know.

 

Idax


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