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    • I remember a similar issue with a customer claiming that 'alexia' had ordered something that wasn't ordered and when it should have been off, .. with Amazon quoting evidence that they had that the customer had said a word 'similar' to the activation word - which 'accidentally' activated it .. followed by 'accidental' ordering due to interpreting what was said   I would not ever consider one of these things in my house.
    • is installing an Alexa type device in your home similar to having bug listening devices installed by Police or security services ?   Woman finds recordings collected by Amazon’s Alexa – and you can hear yours WWW.INDEPENDENT.CO.UK Amazon customers can request all their data from the shopping giant, and can automatically delete voice data in the Alexa app  
    • Yes please I think we would like to know all about it. Saying "I didn't foresee any problems so I didn't bother to…" As I say I didn't bother to look when I cross the road because I didn't think I would be run over
    • My WS as I intend to send it... any problems anyone can spot?         In the county court at Middlesbrough Claim No:  Between Vehicle Control Services Limited (Claimant) V   (Defendant) Witness Statement Introduction It is admitted that the Defendant is the registered keeper of XXnn XXX   Locus standi/bye-laws and Relevant land Schedule 4 of the Protection of Freedom Act 2012 (PoFA) allows recovery of unpaid parking charges from the keeper of the vehicle. However, the first paragraph 1 (1) (a) states that it only applies “in respect of parking of the vehicle on relevant land:”. The definition of “relevant land” is given in paragraph 3 (1) where subsection (c) excludes “any land ... on which the parking of a vehicle is subject to statutory control”.  The bus stop is not on relevant land because the public road on which that stand is on is covered by the Road Traffic Act.  Notwithstanding that the claimant claims that " the claimant has given the Defendant its contractual licence to enter the site", the claimant has not given any contractual licence whatsoever. This is a road leading to/from the airport which is covered by the Road Traffic Act.  A list of highways on the Highways act 1980 does not even exist. The defendant brings the attention of the court that VCS is using this non existent document issue as a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. While it is true that landowners can bring in their own terms, it is also true that whatever terms they bring  cannot overrule Byelaws and the Road Traffic Act. If Bye Laws are involved then the bus stop is not relevant land and neither is the specious argument about First Great Western Ltd. Is the claimant ignorant of the Protection of Freedoms Act 2012? The road outside of Doncaster Sheffield Airport is not relevant land and is not covered by the Protection of Freedoms Act. That makes the charge against the claimant tantamount to fraud or extortion. The claimant mentions a couple occasions where they have won such cases. It is brought to the attention of the court that none of those cited cases were on airport land. VCS actually has also lost a lot more cases than they have won using their prohibitive signs.  Airport land is covered by Bye Laws and hence the claim by VCS is not applicable in this instance. The remit of VCS ends in the car park and does not extend to the bus stops on public roads or land which they have no jurisdiction over. All classes of people go to the airport. This includes travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers and buses with passengers. It is therefore absolutely ridiculous to attribute VCS with any sort of permissions. The defendant submits that VCS should not confuse a major thoroughfare with a car park and presume to act as land owners and usurp the control of any land which is not relevant to them.   Protection of Freedoms Act The clearest point on section 4.1 of the Protection of Freedoms act is that “The provisions in Schedule 4 are intended to apply only on private land in England and Wales. Public highways are excluded as well as any parking places on public land which are either provided or controlled by a local authority (or other government body). Any land which already has statutory controls in relation to the parking of vehicles (such as byelaws applying to airports, ports and some railway station car parks) is also excluded.” Therefore, as this case pertains to an airport, the claimant unlawfully obtained the registered keeper’s details against the defendant’s vehicle. Thus, on this basis alone, the defendant implores the court to throw out this case. Notwithstanding the above point, if perchance Schedule 4 of the Protection of Freedoms act 2012 were to apply, the claimant is put to strict proof that they complied with the requirements of section 7 stating, “(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met. The notice must — (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;” Without such proof the court must of necessity throw out this case forthwith.   Deceit, Intimidation and Extortion The Claimant’s Particulars of Claim include £50 legal costs, yet in the letter dated  03/06/2021, the Claimant stated that they were no longer represented by Elms Legal and all further correspondence should be sent to the VCS in-house litigation department. Why should the Claimant be asking the Defendant to contribute to their employee’s salary?  Furthermore, as per another letter dated 30th July 2021, the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in Small Claims Court. I cannot think of any reason why the Claimant would write this letter other than to intimidate the opposing party with the threat of an extortionate sum of money, hoping they would be able to take advantage of someone not knowing the Small Claims Court rules. Given that this letter came from the Claimant’s in-house litigation department, clearly well-versed in the law, this cannot be anything but deceitful and disingenuous behaviour which the court should never tolerate.    Contractual costs / debt recovery charge  In addition to the £50 legal costs, the Claimant is seeking recovery of the original £100 parking charge plus an additional £60 which is described as ‘debt collection costs’. In the Vehicle Control Service v Claim Number: 18 on 4th September 2019, District Judge Jones-Evans stated, ‘Upon it being recorded that District Judge Jones-Evans has over a very significant period of time warned advocates […] in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court in Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law. It is hereby declared […] the claim be struck out and declared to be wholly without merit and an abuse of process.’  In Claim number F0DP806M and F0DP201T, Britannia v Crosby went further in a landmark judgement in November 2019 which followed several parking charge claims being struck out in the area overseen by His Honour Judge Iain Hamilton-Douglas Hughes GC, the Designated Civil Judge for Dorset, Hampshire, Isle of White & Wiltshire. District Judge Taylor echoed the earlier General Judgement or Orders of District Judge Grand stating, ‘It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedom Acts 2012, Schedule 4 nor with reference to the judgment in ParkingEye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998…’ Vehicle Control Service v Claim Number: 19 51. Moreover, the addition of costs not specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.  It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).  The Defendant is of the view that the Claimant knew, or should have known, that to claim in excess of £100 for a parking charge on private lands is disallowed under the Civil Procedure Rules, the Beavis Case, the Protection of Freedom Act 2012 and Consumer Rights Act 2015, and that relief from sanctions should be refused.   Alleged contract The court should consider if there is any contract to start with and if the alleged offence is on relevant land. The consideration will inevitably lead the court to conclude that there is no contract.  Also the court should note that there is no valid contract that exists between VCS and Peel. Under the Companies Act, a contract should be signed by the directors of both companies and witnessed by two independent individuals. This alleged contract, which makes no mention of pursuing registered keepers of vehicles to court, makes its first appearance as a Witness Statement. Thus the alleged contract is null and void.  The Beavis case referred to by the claimant is about parking in a car park. The claimant is here attempting to equate that case to stopping, not parking, in a bus stop and on a road that is covered by the Road Traffic Act. The defendant submits that there can be no contract as there is no offer but there is only a prohibition. Again, it is not relevant land and VCS has absolutely no rights over it. Further, the defendant would like to point out that motorists NEVER accept any contract just by entering the land. First they must read it and understand it and then, and only then can they realise that "No stopping" is prohibitive and cannot offer a contract.   Bus stop signage The signs around the bus stop do not mention who issued the “No Stopping” signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and that the creditor should be identified. Nothing on the signs around the bus stop that says “NO Stopping” mentions VCS or Peel Investments who are now purporting to be the land owners of a public road. As the signage should identify the creditor, since it does not, this is a breach of the CoP.   The Traffic Signs Regulations and General Directions 2016 does not prohibit stopping in a restricted bus stop or stand, it prohibits stopping in a clearway. The defendant would like to ask the court to consider if any clause of the Traffic Signs Regulations and General Directions 2016 that the claimant alleges has been violated by the defendant. There is no mention of permits on the signage. If there were, would it mean that Permit holders were allowed to stop on “No Stopping” roads? Notwithstanding what the claimant calls it, the mentioned signage is NOT a contractual clause. A “No stopping” sign is not an offer of parking terms.  Since the signage around the bus stop is prohibitive, it is as such is incapable of forming a contract. Further, the defendant would like to point out that the prohibitive sign is not actually at the bus stop but a few metres before the stand itself. There is no mention of a £100 charge for breaching the “No stopping” request, or if there is one then it is far too small to read, even for a pedestrian. As already stated, a Witness Statement between VCS and Peel Investments is not a valid document. It will need more than the Claimants feather to outweigh the case against the Defendant regardless of who was driving. There is no law of agency involved. This is not a case of employer/employee relationship. VCS cannot transfer the driver's liability to the registered keeper. There can be no comparison between a railway station and an airport. This is a totally fatuous analogy which cannot be applied to this case.  As stated in the defence, it is denied the Claimant is entitled to the recovery or any recovery at all. The nefarious parking charge notice given for a vehicle on a public road bus stop was ill advised to start with.   Conclusions:   VCS has failed to present ANY reasonable and valid cause to apply to the DVLA for the Defendants details. VCS has failed to provide ANY valid  contract with the landowners. “No stopping” is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for any motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP and hence the signage is not valid the WS contract does not authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land. The Defendant wishes to bring to the attention of the court that the Claimant cites an irrelevant case of a car park and tries to apply its merits to a bus stop. That in itself invalidates the entire fallacious claim. Accordingly, this case is totally without merit. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. All the false information presented as a statement of truth could have been stated using half the words and without all the repetition which appears to be trying to build a strong case where there is none at all. One particularly bad example of misdirection is in the photographs. The Clearway sign shown near the bus stop is very unclear unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.   47. Lastly I wish to bring to the attention of the court, a systematic pattern of the Claimant’s court action behaviour in several of their cases. They tend to have a VCS paralegal writing a Witness Statement, then mentioning in the last paragraph of the Witness Statement that they may be unable to attend court and subsequently the paralegals never turn up to be cross examined. In the event that Mohammed Wali is unable to attend court to be asked about his claims, then I would like to know why he is not able to attend when the hearing has been scheduled months in advance, is during working hours and as a result of covid, is online, meaning there is no travel involved. Ambreen Arshad, the other paralegal employed by VCS, does exactly the same. 
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checking the legalities to get a loan written off???


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Hello ...

 

Wondering if there are any thoughts on this... I watched a panorama programme last night which talked about how it is possible to get unsecured debt written off due to banks being slack with their paperwork..

 

I have been debt busting for 4 years..:smile: a few years back i got in to terrible debt (27k) and with help of CCCS and by working hard at it i am now down to a mere 9k:) and the majority of that is an unsecured loan from northern rock!

 

I am interested to know whether there are ways to get it written off (that dont involve IVAs/bankruptcy etc as dont need or want that route) by checking on their paper trail etc.. Notably i dont actually have a copy of my original loan agreement etc!

 

If so- what (if any) are the implications of doing so?

 

I have paid them almost half of it back ... there is only the last 8k to go... and anyway to speed it up would be fabulous:lol:! At moment i am just paying back extra installments on top of the monthly payments ...

 

Any ideas as this is fresh territory for me ;)

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The Panorama programme was at best misleading and poorly researched IMO. However, if you want to check the enforceability of a credit agreement then you can send the creditor template N here. Enclose a one pound postal order, send the letter recorded delivery and do not sign the letter.

 

For an unsecured consumer debt to be enforceable the agreement must contain certain prescribed terms. If it does not, or if the copy of the agreement can not be produced, then the debt is legally enforceable even in a court of law.

 

For a loan (fixed sum credit) the prescribed terms are:

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

 

It is also worth noting that any charges that were applied to the accounts e.g. late payment fees, etc. are penalty charges and can be claimed back if necessary to reduce the amount of outstanding debt. You can not however reclaim the charges and keep them and then try to get the debt written off as this would be considered unjust enrichment.

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

 

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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Thanks for this, I think mine is a fixed sum credit?? It was unsecured loan from northern rock.. ??

 

Do you mean that if they do not provide then it is legally unenforseable even in court ( your post says enforceable!)

 

I will get that first letter off.. i am particularly concerned as not sure even as to the accuracy of the outstanding balance and havent got the original agreement anywhere as it is a debt that is now about 4/5 years old!

Edited by Sarrahk
typos!
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Thanks for this, I thikn mine is a fixed sum credit??

Yes, it is.
Do you mean that fi they do not provide then it is legally unenforseable even in court ( your post says enfoceable!)

Yes, sorry I meant unenforceable (it falls under s127 of the Consumer Credit Act).

 

i am particularly concerned as not sure even as to the accuracy of the outstanding balance and havent got the original agreement anywhere as it is a debt that is now about 4/5 years old!

I would ask for a copy of the agreement first. If you are disputing the balance then you can always send a SAR at a later date to see what charges are on the account.

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

 

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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Shouldn't that be uneforceable?

 

For an unsecured consumer debt to be enforceable the agreement must contain certain prescribed terms. If it does not, or if the copy of the agreement can not be produced, then the debt is legallyenforceable even in a court of law.
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Too slow Michael :p

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

 

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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Thanks very much! I am sending off a letter today...

 

I sense i will have something of a battle though as even if they have lost the paperwork i have acknowledged the debt to them by making repayments for past 4 years... It would be hard surely for me to then suddenly cease paying and challenge enforceability?

 

Would it affect my credit rating if i did as well (altho credit rating is already bad n only just starting to repair itself from passage of time!)

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Previous acknowledgement of the debt doesn't matter. You are simply challenging the enforceability of the account. You can choose to not acknowledge a debt at any time.

 

Regarding your credit rating I assume that they have already defaulted you on this account. If they were to apply a second default to the account you can have this removed.

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

 

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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there was no previous default (although i only checked about a year ago!) but it was marked as arrangement to pay ... i dont know if it still says that on credit file as i pay over the standard repayments now as i have been trying to get rid more quickly...

 

I suppose potentially they could then default me if i stopped paying on basis of their non compliance with my request?

 

Anyway.. am jumping the gun.. I sent first letter off so will see if i have any response ...

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Hey, welcome back Sarrahk, this little lady began a classic thread called Default Hell which attracted over 18000 views http://www.consumeractiongroup.co.uk/forum/legalities/20118-default-hell.html . Haven't you done well to date?, well done.

 

As for your loan agreements check them with a fine toothed comb, APR's against actual payments, all the prescribed terms, signatures etc, you may have noticed Andrew Leakey on the Panorama programme too who was the Consumer Credit Solicitor - he has acted for a number of people I know he's at Stevensons and knows his stuff, but he said in the programme that somewhere between 1 in 5 or 1 in 10 agreements have something wrong with them and unenforceable and I know for a fact many have.

 

Check it, then check it again...

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Hi all, Have just read this post, (by the way i'm new to the forum) and i'm sorry to be a pain, but, am I correct in thinking in it's most simplist form, If I ask for a copy of the original credit agreement from say barclaycard and they can't give me a copy then the debit is unenforceable and I can refuse to pay them anymore money?

thanks

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Yes.

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

 

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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hello, Im new to the site. After watching the panorama programme, I decided it was worth asking natwest (who my loan is with) for my credit agreement. I had my phone call returned the next day by a snotty bank worker telling me I should not call that branch as that was not the branch with which the loan was taken out. I told the lady she was wrong and again requested my credit agreement. A couple of days later the lady calls and tells me the credit agreement could not be located. After reading posts on this site I therefore believe my loan to be unenforcable. Could somebody please advise me what to do next. I do not want to pay solicitors fees. Thanks for any advice.

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Most people who request a copy of their credit agreement are already in debt so their credit rating getting shot isn't a big downside for them.

 

If you are defaulted due to not paying when the company are in default of supplying the copy of the credit agreement then you can get the default removed but it's not going to get removed overnight and it will require perserverence.

 

hello, Im new to the site. After watching the panorama programme, I decided it was worth asking NatWest (who my loan is with) for my credit agreement. I had my phone call returned the next day by a snotty bank worker telling me I should not call that branch as that was not the branch with which the loan was taken out. I told the lady she was wrong and again requested my credit agreement. A couple of days later the lady calls and tells me the credit agreement could not be located. After reading posts on this site I therefore believe my loan to be unenforcable. Could somebody please advise me what to do next. I do not want to pay solicitors fees.

You need to start your own thread on your situation rfullerton. When you ask for a copy of your credit agreement you need to do it as an official request in writing with the statutory fee of one pound. Phone conversations, unless they are recorded, count for nothing.

 

If they do confirm in writing that they can not locate the credit agreement then yes the acccount is unenforceable. Currently it is not because you have not made an official statutory request for it.

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

 

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

 

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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Quick question. If an account was paid off in full 18 months ago can I still look at the documents (under the 6 year rule of thumb) and is it worth me doing so with a view to recovering monies paid?

 

That may sound a bit cold - reason I ask is that I took out a loan to pay off several CC and other loans......

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Quick question. If an account was paid off in full 18 months ago can I still look at the documents (under the 6 year rule of thumb) and is it worth me doing so with a view to recovering monies paid?

 

That may sound a bit cold - reason I ask is that I took out a loan to pay off several CC and other loans......

 

The word 'Unenforceable' means just that, but if you don't have an account anymore then how can anyone enforce payment on it? The account has to be 'running credit' or in ordinary language a 'live' account which if you stop making payments on could be enforced as is the right of the Original Creditor under correctly constructed agreements.

 

Before a creditor can enforce an agreement through a court it will need to put the original in front of the court or a certified copy of one and to enforce it would require an order of the court. No agreement - no debt. But, it is not something to just stop paying without advice. Few on this forum advocate using excuses to not pay ones debt, but in circumstances like this Finance companies would think nothing of repossessing your home if you didn't pay, if they cannot get their administration right in the first place then ordinary citizens have a right to defend themselves and if not having a true copy of the agreement with all the prescribed terms in it correctly stated is that defence then they have only got themselves to blame. ALWAYS get your agreements checked by a professional before you stop paying. Request a copy as Rory suggests, it only costs £1 then take it from there.

 

Sarah

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Sarah,

 

Thanks for the information. Wish I had know this in advance.......

 

I have certainly been done over by the banking industry but it would appear that as I have re-financed to get everything tidy I am lumbered with a debt for the next 8.5 years.

 

Oh well never mind...................... Payment plan time I think

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Sarah,

 

Thanks for the information. Wish I had know this in advance.......

 

I have certainly been done over by the banking industry but it would appear that as I have re-financed to get everything tidy I am lumbered with a debt for the next 8.5 years.

 

Oh well never mind...................... Payment plan time I think

 

I'm sorry to hear that, my friend had a glaringly unenforceable agreement for 45,000 and has recently refinanced with a £60k one which effectively wiped out his opportunity to challenge it...some you win some you don't - sorry.

 

Trouble is, these finance companies are looking at their agreements now and as soon as anyone with a 'dodgy one' is found they are getting 'associated' companies to call the debtor and offer much cheaper deals than the one they were on. Once that is accepted by the debtor and they have a new agreement the old agreement unenforcability issue flies out the window. Borrowers beware.

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fantastic information andrew1,

I'm not in the sh1t yet! and am hoping to start the ball rolling before I am.

so once i ask the first lender for my cca, the tempting offers might start to kicked in ??

can i do this if Im not in the doo doo?

 

Of course, anyone can and should get a copy of their agreement and have it checked out by a professional, even if it's ticking along nicely you don't have to wait until you are in arrears. You need to check everything that is in it, that the APR and the interest charged correspond, that it is signed by both parties and that it has all the prescribed terms. For Unregulated Agreements pre 2006 which are over £25,000 you also need to check the details of what that loan amount actually relates to as there are different types of credit. For example, say you took a loan for £35,000 and one part of the loan was to pay off an older loan you had, under £25k and the finance company paid it on your behalf. (this often happens with 2nd charge loans - the fin co insist you pay off any current charges on the property to give them clear 2nd charge so make the payment themselves from the loan monies) This is a category of credit called ' fixed sum, restricted use debtor creditor credit because you have no facility to use the funds at all. Another part of the loan went to pay off arrears on your main mortgage and they pay that too, again restricted use, but payments towards the purchase of property are 'exempt agreements', and finally, you are given the balance of what's left in cash to do with what you want, that's 'Unrestricted use', debtor creditor credit - another category of credit , so there you have 3 categories of credit and you only need 2 to make the agreement a Regulated Agreement (under the protection of the Consumer Credit Act) and it is classed a 'Multiple Agreement' therefore making your original document of an 'Unregulated Agreement' ( which effectively means you don't get given the protection of the Con Cr.Act) and it is unenforceable. There also are rules and regs about the Brokers commission fees on the agreement and admin charges too, but that's why it is so important to get a legal eye to tell you rather than just winging it from info from people like me on the internet who is not trained at all :D

 

okay?

 

Sarah ;)

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