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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
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capquest/littlewoods


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hi to everyone one out there.

 

I received a letter from capquest on 18/03/2008 saying they had purchased debt from littlewoods and they were demanding £xxx.xx, and if i did not contact them within 2 weeks it would be passed to their solicitors.

 

I replied with a cca request enclosing £1.00 PO. today i received a reply saying they had requested the documents from littlewoods, meanwhile i have been selected for a pilot scheme, and is as follows.

 

"the pilot scheme consists of offering you a one off settlement amount to clear this account by xx/xx/xxxx. we are offering you a saving of xx% on the balance of your account.

To accept this offer please contact us on 0870 084 3535"

 

after considering this for about 1 second i'm just going to wait and see what they come up with next.

 

has anyone else been offered this "pilot scheme"?

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Hi there oldman,

I had a simimilar offer from Morcroft D/A that was also from littlewoods.

I am going for charges and PPI mis selling as it works out to be more than the amount I owe. It seems I may have been the only person in the world who actually signed a credit agreement so I cant CCA them (bummer).

 

Good Luck

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They haven't yet sent you a CCA so at the moment they haven't proved you owe them anything. I'd let their pilot scheme fly to the nearest bin until they have complied with your request, if they ever do.

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I had a letter from them with a crazy scheme direct from the company director .. yea right !!! :)...

 

My Crazy scheme was as follows

 

1, I can pay them an amount that suits me (how about £1.00)

 

2, they will remove all interest since they took the account and no more interest added, (the interest adds to about £2000 of a £9000 debt, rather alot I think and probably illegal)

 

3, with each payment I make they will credit my acount with an amount equivalent to 30% of the payment

 

Very inventive .... MUPPETS :)

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Don't bin it - file it ;)

 

OLIVE.FAMILY Have they sent you a true copy of your CCA, if not they may not have it even if you do recall signing it;even then it may not be enforceable.

 

Hi ya

I dont want to hijack this thread. I have started my own here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/136661-littlewoods-say-no.html

 

but yes i am afraid it was def signed by me. I even used a computer signature to sign the sar request so they couldnt take that. As you will be able to see from my thread I am trying other things.

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further to capquest they have put a default on my credit file,even though the account is in dispute and if not is there a letter i can send requesting/demanding it be removed?.

 

 

I am sure there is a letter around this site somewhere. Try the templates. I have read people doing sending this sort of thing

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hi all,

My wife had a very heavy letter today from capquest threatening legal action as from 1st April . The amount owed £71 dating from 1993 littlewoods catalogue. Thing is she hasn't ever had a catalogue.So I went straight on the net found this sight and lots of other people with similar case.Ive posted off the letter posted on here stating all the legal jargon,so hopefully that should be the end of it?

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Hi

 

They must be sending out random letters, as my mum received a letter today (threatening legal action and sending around baliffs) from Capquest regarding a littlewoods Catalogue, the amount owed £100 dating from 1990 she has never had this catalogue and she didn't even live at this address in 1990, the best thing was they wanted her to phone them by 26th march and the letter was dated 27th march.

 

Wikkitt

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hi

mmm interesting. My wife did phone them initially and was told to write to a kevin arnold. I notice the number is 0870. if you go to

SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers top left of page click on search for alternative number, type in company name and you will get a whole list of numbers available. Myself after reading various threads I will stick to letters. Will keep you updated on what happens. :)

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Hi, these DCA's ars so predictable, you can tell what their next letter will be , especially after reading different threads on this forum. Do they think that we'd accept a substantial "discount" on an alleged debt that we know is not ours! Just by offering that we can tell that they're starting to get desperate, as they know only too well, that they're up against somebody that is going to fight back,and especially as they dont have the correct documentation to back up their claim's.

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Hi again folks, I would like to ask a question about defaults on my credit report. I've noticed that on my CR I have 2 entries for the same alledged debt! 1st is from Legal Direct Recs(aka Littlewoods Finance) and the 2nd is for Cakquest, both the same amounts, but Cakquests default date is 1 day before LDR. Is this normal? Any info would be much appreciated. Thanks:???:

P.S I've had no contact from LDR but the normal cak from Cakquest as I've said in previous posts, thanks again.

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hello

Reported capquest to consumer direct today they have given me a ref no and said it is logged as a possible criminal case.Told them I had sent off a letter to capquest about no knowledge of debt already. They said to keep them updated.

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  • 2 weeks later...
  • 1 month later...

:confused: Hi people. Capquest defaulted( 12 + 2 days) on the 11/04/08, then the 30 days passed on the 11/05/08. I've had no correspondance from them since their kind offer of the "pilot scheme" on the 29/03/08.

I had a look at my credit file on Experian today and guess what? My "account" is still defaulted but is down as settled since the 11/05/08 :confused:

Now, I've had no letter saying that they can't obtain the original cca and that they were going to mark this on my credit file.

So, I was just needing advice on what I should do next? I was thinking of writing to them and telling them that as they'd not provided me with my cca they couldn't process any of my private data and therefore should remove anything to do with me from their own files and also all 3 CRA's.

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This from Zubo's thread:

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/79147-consumer-credit-act-resources.html

 

 

 

 

--

Hello! Dear Plonker

 

CA 1974 (Consumer Credit Act)

 

As you are aware, I wrote to you on day/month/year requesting you supply me with the relevant information, which is my legal right under section 77-79 of the CCA 1974. You had 12 days plus 30 days inclusive of holidays and weekends (ie until day/month) to respond to me with the information.

 

This time has passed and you have now committed a Criminal Offence under the said Act and it is my intention to report you for this criminal conduct to the appropriate authorities (Then do it in writing to TS & the Police. Don't make empty threats)

I also understand that under the Act, due to your failure to comply with my statutory request you or any acting agent are unable to enforce an agreement therefore I am ceasing any further payments forthwith and will seek to recover any payments made to date (assuming your making any)

 

 

Data Protection Act (Data Protection Act 1998

 

Furthermore under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

 

Yours faithfully

 

Mr. Stuff You

----------------------

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  • 2 months later...

RESULT

sent capquest a threat-a-gram of my own telling them to remove all data from their systems and all C.R.A'S AS they had not supplied me with a CCA and i wanted my £1 back.

Yesterday i recieved a copy of their complaint handling procedure and i thought ok a nother letter to go off to them'

This morning i recieved a letter from from them saying "Capquest have now removed your details from our system and no further correspondence will be sent. We have instructed the relevant department to instruct the CRA'S to completely delete the details relating to this accountfrom your credit file and acheque for £1 will be sent to you in due course"

I would like to say a big big thank you for everyone's help and advice

C.A.G ROCKS

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Hi everyone

 

Just a quick update, just checked my credit report and the default from capquest has been removed and not only that the one from legal direct has been removed as well.

 

Again a big big thank you for all the advice and help.

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  • 3 weeks later...

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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We received letters last year for the wife from scotcall & capquest about littlewoods.

 

Appears recently they have got bored, and probably sold on the debt. Im waiting on the next letter, so i know who to send all the information too.

 

Can i send scotcall / capquest the letters if they have sold the debt on.

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