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    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
    • nickpatel - presumably you entered into this contract with the agent off-premises if you were thinking of possibly trying to use s31 of the CCR?   If that is the case then I was under the impression (although I may well be mistaken) that the 14 day cancellation right was lost in the case of a contract for services, if the provision of those services commenced within the 14 day period, which would make whether or not you were informed of the right a moot point as it would no longer apply(?).   In any case, I'm also a bit surprised that a situation could arise where the initial "cancellation period" of a contract for services could be extended to over 12 months.  It seems a bit extreme to me that the 14 day off-premises cancellation provisions would apply here.  But I may be wrong.   I tend to agree with BankFodder that you'd be on firmer ground arguing the amount of the fee claimed (for a full year) is unfair.  But I'm not sure you could get away with arguing that you owe nothing - even though there is no tenancy agreement.  The agent seems to have done what they agreed to do, but you decided to reject the prospective tenant on the grounds that they were not "transparent"(?) because they wanted to view the property for a third time.  I'm not sure a court would find that reasonable on your part and would probably consider that the agent deserves to be paid in some respect for their work in finding that prospective tenant.   I think I'd be trying to settle on a reasonable sum rather than arguing that there was no liability at all.
    • Royal Mail says the increases, due on 1 January, are needed to protect the universal service. View the full article
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Help with Expenditure Form


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You're in the right place now WN and all the advice you've received so far is sopt on. You really do need to SAR the original creditor to look at a charges reclaim. If you need a letter give us a shout :)

Could you point me in the direction of the SAR letter please.

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Anthrax alert at debt collectors caused by box of doughnuts

 

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The good news is that RBS are not the best in the world at coming up with old agreements :)

Elsa x

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  • 1 month later...

Hello again.

I've finally recieved the Credit Agreement. I apologise because my information was off before. The loan was through Capital Bank which is a Bank of Scotland company, and not through the Royal Bank of Scotland which I originally thought. Also it says it was for £4000 and not the £3000 I thought it was. Anyway, attached is a copy of what they've sent me.

my.php?image=creditagre

URL%5D

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You forgot to attach it. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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They're too small, can you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy & paste the URL back here?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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  • 1 month later...

Once again I've recieved a letter from Blair Oliver and Scott asking me to call them because my repayment is up for review. I'm to have details of my income and expenditure at hand for their Collection Specialists to assist me.

 

Any thoughts on what I should do? :???:

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Only a court is entitled to that information, report them to TS and the OFT and copy them in on the letter :D

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TS = Trading Standards

OFT = Office of Fair Trading

 

Consumer direct can help you make a complaint to your ow TS, their TS and the OFT:

 

Trading Standards Institute - Home page

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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You can write a short letter to BO&S advising that you have contacted TS and the OFT for asking for information they're not entitled too and that your circumstances haven't changed (if that's the case) and you will not be making increased payments or you may have to decrease them if your income and expenditure dictate this!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi

You say they are asking you to phone and have your income and expenditure ready so they can come to an agreement. Don’t ring and tell them nothing!

 

You say you are only in receipt of benefits for you and your children. There is no way you should be paying £20.20 per month from benefits.

 

When you received your award letter from the DWP it says in the first paragraph what you are entitled to and then goes on to say this is what the government thinks you need to live on. Benefits are for you and your children to be able to live and £20.20 must make a big dent in your resources.

 

Don’t send them an income and expenditure letter send them a letter stating that your only income is benefits and you are only able to offer a token payment of £1 per month as a gesture of goodwill until your finances improve. If they did issue court proceedings and unless you’re sitting on a fortune in assets I doubt they would, a £1 is all a court would award.

 

BOS do like to try and bully you don’t let them if you have not got it you cant pay it. This is the letter I sent

Since making that above agreement with you, my circumstances have changed.

We cannot now afford to agreed monthly payments because ... [your paragraph added here]

In view of our circumstances, would you please a goodwill payment of £1 per month to be reviewed in six months. If

interest or other charges are being added to the account, we would be grateful if you would freeze these so our

debt does not increase.

Should my circumstances improve we will contact you again.

Thank you for your assistance. We look forward to hearing from you as soon as possible.

Yours faithfully

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