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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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alumb05

Claim back Early Repayment Charges

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Hi

 

Does anyone know if you can claim back Early Repayment Charges?

 

My Mortgage Lender has left me with no alternative but to pay their charge so that i can move home because i have an expanding family and need to move to a bigger house.

 

I have been contracting at the same location in the same role for nearly 4 years now. 3 months ago i moved from working through an umberella company to working through my own Ltd Company. They will not port my mortgage across because i do not meet their criteria.

 

I have tried, as has my Financial Advisor to get them to change their minds but it is no use. My only hope now is that i can claim back the charge. I would think it is fairly similar to unfair bank charges but claiming early repayment charges back appears to be less common.

 

Thanks in advance

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A couple of years ago a few people tried and lost in court leaving them having to pay hefty court costs, so I would say you can't. This is the reason it's not done.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/52020-mortgages-faq.html


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Caro, thanks for the response

 

If my claim is for less than £5000 via the Small Claims Courts i thought i could not be ordered to pay their costs if i lost.

 

The whole situation has just really wound me up because i have never missed a payment. I have an 'A' Credit Rating. I am in the same job, at the same location, at the same desk, in the same chair. I am moving to a property that is valued higher than my current property. I do not want to borrow any extra money. All that has really changed is my tax code. If i decided not to move they would not end my mortgage so there is no real difference and the risk for them is only less if i move house. Rrrrrrrrrrrrrrrrrrrrr, it really winds me up and even if there is no hope to reclaim the ERC, at least i can vent some anger here!!

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