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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 medication 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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Natwest Loan CCA - Whats wrong with it? Can You spot it?!!


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Any more RBS? Narwest handwritten agreements out there

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

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My problem is that as the amount is over £25000 its not covered by CCA, and therefore, I cant argue that "under CCA" its un-enforcable!!!:???:

 

See my issue?!!!!!!!!!!:evil:

 

I guess all I can do is argue that it was miss sold as a loan agreement? :Cry:

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When I first wrote to NatWest asking for my CCA, they set a letter stating that as the amount was over £25000, that it wasnt covered by CCA, when 3 days later that CCA loan agreement turned up!!!!!!

 

Now, should I write to Natwest or just go into the branch waving the copy and demand to know why I had been miss sold a loan???!!

 

I would hold tight...where was this agreement sent from.

 

I've pmd you my email

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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My problem is that as the amount is over £25000 its not covered by CCA, and therefore, I cant argue that "under CCA" its un-enforcable!!!:???:

 

See my issue?!!!!!!!!!!:evil:

 

I guess all I can do is argue that it was miss sold as a loan agreement? :Cry:

 

 

It is a regulated agreement becuase that is what they have entered into with you. The fact that it exceeds the £25,000 limit makes it unenforceable. It does not change to an unregulated agreement. They are stuck with having issued you with a Consumer regulated loan that doesn't comply.

 

So cool down....there's nowt they can do...................

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

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Thanks Josie, :)

 

 

 

I received it from East lending centre, via the Credit Management lot at kendal court, as thats whos address I had for writing to.

 

They had tryed to take me to court last year, twice (they wanted bigger payments!), but every time i went into the court Natwest didnt send anyone, so the judge just asked me what i wanted to do, and I said "pay a small amount each month" and he agreed!!

 

Better if I can just get rid of it!

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Thanks Josie, :)

 

 

 

I received it from East lending centre, via the Credit Management lot at kendal court, as thats whos address I had for writing to.

 

They had tryed to take me to court last year, twice (they wanted bigger payments!), but every time i went into the court NatWest didnt send anyone, so the judge just asked me what i wanted to do, and I said "pay a small amount each month" and he agreed!!

 

Better if I can just get rid of it!

 

CMS Telford.

RBSSCAM.jpg

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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That is completely illegal Paul - why haven't you done anything about this?????

 

Recreating agreements means fabricating them :-o

 

ILLEGAL

 

I have tried.

 

How trustworthy is your bank? | Money | The Guardian

MP fears bank's phantom paperwork may be just the tip of an iceberg | Money | The Guardian

Couple stung by £100,000 ‘secret’ loan - Times Online

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Excellent - very pro-active :)

 

I feel very sorry for the 65 responsible.

 

How come you never took them to Court though? Have you pointed all of this out to the OFT?

 

I would be like a dog with a bone now :D

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As far as I can see it's as illegal as it can get but trying to get the authorities to act against their mates in the banks is a very real & disgraceful struggle.

 

Also we now know courtesy of Paul that the 'recreated' agreements are NOT true copies, as claimed in the memo, but include terms that were not in force at the time it was entered into. These 'new' terms allow the bank (after judgment) to add contractual compound interest to the loan thereby inflating their balance sheet........... & last but not least & despite what they claim to sue debtors for huge sums of money after the secret account has been allowed to accrue over a number of years

 

This practice means that a debt of a few thousand (say£5K) will mushroom to a sum of 10s of 1,000, in at least 1 case on this forum £100K (DanDebbie mention in the press)& the 1st the debtor will know about this now massive debt is when the final demand for payment arrives out of the blue followed closely by the court summons when you don't pay up because of course you can't & they know it so they will go for possession of your home (pity the bottom has fallen out of the property market init)

 

The reason this came to light is that Paul decided, like everyone here, to reclaim his bank charges & so sent a Subject Access Request. When the bank sent the papers they 'mistakenly' included statement to 2 accounts of which he had no knowledge for amounts that were clearly wrong & it was due to his tenacity & his tenacity alone that this practice was publicly exposed.

 

Since then a number of people have come forward who have been conned in this way & as many don't read these forums it's feared that there will be many others perhaps 100s or even 1,000s who have fallen victim to this alleged [problem] which we understand has been operating for years

Edited by JonCris
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Excellent - very pro-active :)

 

I feel very sorry for the 65 responsible.

 

How come you never took them to Court though? Have you pointed all of this out to the OFT?

 

I would be like a dog with a bone now :D

 

He has......... repeatedly ...........Get yourself a glass or glasses of vino & read his thread

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I guess that the banks dont let it get as far as a court incase a preidence is set against them going this? I Hope!!!

 

I wouldn't be too sure on that their lawyers use every dirty trick possible, including: failure to submit documents, misleading the court, ambushing the litigant in person with documents they are seeking to rely upon just minutes before an hearing, character assassination, the list goes on, unfortunatley the DJs have fallen for it. Sparkie and D&D have come across simillar tactics.

 

Paul

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Oh, I have no memory of signing at that document! I remeber signing a document, just not that particular one, the info looks right, ie the repayments etc.

 

You have no memory of signing this particular agreement because you didn't.... the agreement was created at CMS Telford in 2008.

 

I suggest as a matter of urgency you forward CMS Telford a Subject Access Request.

 

How much is outstanding on the loan and when was it sent to CMS?

 

Has a CCJ been obtained yet for the outstanding amount?

 

PW

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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They have agreed to reduce the sum from £23500 to £17000, if I make over payments.

 

No CCJ, but did take me to court seeking due to failure to maintain a Tomlinson agreement ( which we had agreed after a Default), but they failed to turn up and the judge sided with me and said that I only need to pay a minimum monthly sum.

 

Interestingly the court also detailed the sum as £17000!

 

The good thing is that they would have to go in front of the same judge if they wanted to try for a ccj, in which case i would just take the copy of the CCA they sent me, and argue that it was miss sold.

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They have agreed to reduce the sum from £23500 to £17000, if I make over payments.

 

No CCJ, but did take me to court seeking due to failure to maintain a Tomlinson agreement ( which we had agreed after a Default), but they failed to turn up and the judge sided with me and said that I only need to pay a minimum monthly sum.

 

Interestingly the court also detailed the sum as £17000!

 

The good thing is that they would have to go in front of the same judge if they wanted to try for a ccj, in which case i would just take the copy of the CCA they sent me, and argue that it was miss sold.

 

I can think of stronger aruments than "miss sold"

 

I would send somethink like this.

 

 

SUBJECT ACCESS REQUEST – DATA PROTECTION ACT 1998

 

 

As per my rights under the above Act, please send me details (in a legible format) of ALL data from ALL relevant filing systems held by yourselves that in any way relates to me as the data subject.

 

I expect that this information will include (but is not limited to) the following:

 

Copies of any regulated consumer credit agreement between us

Copies of all statements of any account held by you on me

Copies of any computer or manual notes in relation to any account held on me

Copies of any and all letters sent by you to me

Copies of any and all letters sent by me to you

Copies of any and all written communications to and from any 3rd parties that relate to me

Copies of all telephone call transcripts made in relation to any account held by me

Copies of any record of times/dates of any telephone calls made in respect of any account held by me

 

I also require that you forward to me data relating to any automated internal debt monitoring system used by your organisation which relates to me known as a router account.

 

 

I enclose the statutory maximum fee for this information of £10 and understand that you must comply with this request within 40 days of receipt of this letter.

 

 

I look forward to your prompt response.

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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It is a regulated agreement becuase that is what they have entered into with you. The fact that it exceeds the £25,000 limit makes it unenforceable. It does not change to an unregulated agreement. They are stuck with having issued you with a Consumer regulated loan that doesn't comply.

 

So cool down....there's nowt they can do...................

 

I think sections 2 - 5 of the consumer credit Act 2006 (in force 1st October 2008 ?) removed the 25K financial limit on regulated agreements except for High net earners (i.e. those earning over 150K salary p.a. / assets over £500k).

 

Would it apply for claims being heard after 1st Oct 2008 even if alleged agreement was made before that date ?

 

There is a similar issue with Nat West on the link below where Nat West can't find the original agreement and the judge mistakenly states they dont need original agreement because it's over 25K ..(the particular agreement was under 25K when made anyway)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/132505-help-needed-re-natest-6.html#post1907390

Edited by shakespeare62
edited typos

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Here is a link to section 2 "Removal of financial limits" for regulated agreements , CCA 2006 :-

 

Consumer Credit Act 2006 (c. 14)

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

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I think sections 2 - 5 of the consumer credit Act 2006 (in force 1st October 2008 ?) removed the 25K financial limit on regulated agreements except for High net earners (i.e. those earning over 150K salary p.a. / assets over £500k). Only for loans after 6th April 2007

 

Would it apply for claims being heard after 1st Oct 2008 even if alleged agreement was made before that date ? YES

 

There is a similar issue with Nat West on the link below where Nat West can't find the original agreement and the judge mistakenly states they dont need original agreement because it's over 25K ..(the particular agreement was under 25K when made anyway)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/132505-help-needed-re-natest-6.html#post1907390

 

 

See above

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Here is a link to section 2 "Removal of financial limits" for regulated agreements , CCA 2006 :-

 

Consumer Credit Act 2006 (c. 14)

 

 

Only for loans after 6th April 2007 re unenforceability

Edited by Josie8

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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