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    • Hi all,   I had an Lloyds bank overdraft in 2019 with the overdraft amount being £1350 maxed out by December 2019. I had left the account alone for two/three months as the overdraft fees were basically ruining me(Adding to the £1350 overdraft), i then received a letter from Lloyds asking me to phone them regarding this debt (This was January 2020). I had phoned Lloyds and we went through an expenditure on the phone and the outcome was i was to make payment of £30 towards the debt for 6 months and then after the 6 months is up they would get in touch with me to discuss further options. (There was mention in January that after the 6 months there was a possibility of a loan to pay of the remaining balance and then you make payments against the loan for however many years/months you choose.) It is worth noting that whilst i was making these payments they seized all interest on my account.    I have made every payment since January and have gradually managed to reduce my overdraft down to £1200. My problem is that the bank have phoned as it now at that stage for re-discussion, they have asked me to go through another expenditure and i panicked and over estimated things to make it look like i had less income; not loads but i was in a deficit of -£47. Due to this they said they could not allow me to take out a loan as it would only mean i was borrowing more to pay of debt which they would not allow. It then got passed over to another team and he said that i only had two options. Take a one month break with all interest etc stopped and this will allow me to seek financial advice elsewhere, or they said they would default the payment and i can then pay the minimum i can afford but the default would stay on my credit file for 6 years. He mentioned that they wouldn't take any money of me to help clear the debt as i had a deficit of -£47 and that shows i financially cannot afford to do that option. I have looked at the effects a default can make to your credit file and it impacts it tremendously.   Lloyds asked me how i cover my expenses every month and i mentioned that my Grandparents help me out sometimes with cash flow. So the gentleman at Lloyd's suggested going away and asking my grandparents if they could contribute money to me to help aid in my debt. so that he could go back to the original team(I think collections team) and say she now has this ____ He is due to phone me on Thursday (Tomorrow). I can afford to contribute probably £50-£80 a month but it would mean cutting down on fuel and some other expenses.   Its worth noting that i have a credit card with Nationwide maxed to £1000 too and this will soon be at the stage where they charge interest and i cannot afford to clear this either. Is this worth writing to them about?   Is there anyone that can advise me on what to do to help me pay as little as i can and avoid the default PLEASE, any help is really REALLY appreciated.   Thank you all in advance.
    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
    • a dn can be issued even on one default payment.
    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
    • Ok,    I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17.   I will keep to what I already know and stop over thinking further issues. 😁    
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GirlAloud

Tesco (RBS) Visa CCA Request

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Hi Guys. Made a CCA request to Tesco about a month ago and today received a letter and some docs. Part of the letter said:

 

Your written request for information made under s78 (1) of the Consumer Credit Act must be accompanied by payment of a fee of £1, which we have received and has been applied to your account accordingly. We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the 'true1 copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement.

They have sent me:

 

- My original application form (signed by me)

- Copy of their terms on conditions (I am presuming these are from 2000 when I signed for the card)

- a blank credit card agreement

- Another copy of therms and conditions which I presume are therir current ones

 

I am presuming it is safe for me to dispute what they have sent me?

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I would post my agreement as it seems similar to some others that have been posted on here (that don't comply) - though it appears I cannot post attachments.

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Don't know if there is anybody out there...but now received a default notice - which I am presuming they cannot do without valid CCA. I have found a links to similar letters (to the one I have recieved) and they seem to be a standard 'fob off' when they don't have a valid agreement. Any advice much appreciated - I am particulalry interested in a 'definitve' guide to what a CCA should look like.

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Hi, Girlsaloud,

 

Basically, Tesco will only provide the application form and claim it is enforceable. You will claim it is not enforceable and it is only a court which will decide either way!

 

Are the prescribed terms on the 'application form' ? - if not, they have no chance of getting any money from you, whatever they bluster.

 

Whether or not you dispute the CCA, they will default you, as you have found out. KEEP the default notice as it may be extremely important if this ends up in court.

 

Next, they will set various DCAs on to you, to reclaim the balance, to which you will claim the account is in dispute and you do not acknowledge any debt, etc . . .

 

Then they will send in their legal team, ie Incasso solicitors, who are fairly lively about starting a claim. They will expect you not to defend, of course, leading to them get a ccj against you by default. Then they will go for a charging order if you own your house.

 

Now for the good news . . .

 

Incasso are notorious for issuing county court claims at speed, but then have no guts to see it through, usually discontinuing their action when anyone has the temerity to defend!

 

Can help you if it gets to that stage as I've been there before . . .

 

BAE :)

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Thanks for this - very helpful - no prescribed terms on application. They sent:

 

- My signed application form from 2000

- 2 x terms and conditions

- An unsigned/undated credit card agreement

- my last statement

 

I found another thread on here and it seemed fairly clear that WAS not acceptable under CCA. I guess when tesco don't have a CCA they take a chance and send you all the crap above. I have already put the account into dispute. To be honest my finances are wrecked since my marriage ended and they are way down the pecking order!!

 

I have experience of Incasso. Sent my ex husband one letter to my address requesting full payment on a loan (there was no account number on or any detail). I wrote back saying he did not live here anymore and no idea when he was. Few days later county court papers arrived from Northampton. Sent them back 'no known at this address'.

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Hi Folks

 

Its time everyone got together to support other in beating these Bandits

have a look at this and show your support for him. this is just a start

 

YouTube - Royal Bank Of Scotland part of DVD


pick up a penquin two systems for the price of one:?:

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