Jump to content
  • Tweets

  • Posts

    • Ah but if I didn’t pay PRA group could they default me?
    • We have a damp problem in a party wall in a Victorian terrace.  Both I and my neighbour have single storey extensions at the back (actually the front, but the back as originally built...) with roof terrace / patio area above, and a brick wall dividing the two terraces. This is standard in the road. (They also have a small conservatory joined to the first floor over part of their roof terrace) Some years ago we noticed that the internal party wall below the terrace was showing some signs of damp. We asked the neighbours if they had noticed a similar issue but they refused to engage with us. We hoped it was a condensation issue, and it was only occasional.  Over the years the dampness has got more frequent, and a couple of years ago we had our terrace completely redone, with the old flooring removed, new felting put down, new lead flashing, and decking on top. I stripped the wall below back to plaster and re-papered and painted. Last year the damp returned, but much more noticeably. We use a dehumidifier and can "extract" a couple of pints of water from the downstairs hallway sometimes - regardless of weather. There is black mould at the top of the wall, and it's clear the damp is coming top-down. I've lifted all our decking, put sealant along all felt joints, and silicone sealer between the lead flashing and brickwork that forms the dividing wall between terraces.  Since then there've been occasions when there has been surface water running down the wall, even when it's not rained.  We're pretty certain it's when the neighbour waters plants on the terrace.  The neighbours still won't engage, but we have persistent black mould, the paper is peeling off and the wall is wet from the top.  To check it's not our roof, at times when the wall has been dry I've thrown buckets of water at our side of the dividing wall on the terrace (and this obviously drains down onto the felting below the decking). The downstairs interior wall is unaffected by this - confirming the problem is coming from the neighbour's side. So what to do? Is this something we should be referring to our insurers? If the neighbours fail to fix the root cause (which is presumably perished roofing under their conservatory, or blocked drainage etc), is there anything we can do to stop it affecting us?  The internal wall is structural so I'm not really sure how a builder would approach the problem without access from the neighbour's side too.  We're planning on selling within the next 2 - 3 years but in its present state it's hard to see how someone would take it on, at least without a big price drop.  Any suggestions very welcome! 
    • defaulted debts vanish from your file regardless to payment on the registered defaulted dates 6th birthday   NON defaulted debts will sit on your file for 6yrs yrs from last payment - i e the debt becomes statute barred,-  but that does not automatically guarantee they will be removed.
    • Yes if defaulted but my non defaulted ones sit there
    • but thats how long it will show from settlement payment on your file if you make one or  if you leave as is..same result but far cheaper....   dx  
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
vixta

Terminated agreement whilst account in Default of my s77 request?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3635 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Is it lawful for a creditor to terminate an agreement while in default of a section 77(1) request. Payments were suspended when the creditor did not comply within the 12 working days. They have now complied some 2 years after the request was made however my agreement was terminated during the period of none compliance followed by a demand for the total balance outstanding.

 

Anyone who can help with this it would be greatly appreciated.

 

Vixta

Share this post


Link to post
Share on other sites

Bump

Share this post


Link to post
Share on other sites

just to bump you

 

not sure but I would think they can send it when they find it.

it shouldn't have been terminated whilst in dispute..you should give more info, have you been in contact by letter with them?...


If my advice helped you please click my star

Share this post


Link to post
Share on other sites

Hi, thanks for your reply. This is what happened from start to finish.

 

At all times we were in contact with the creditor earlier this year we reported them to the FOS that the creditor was demanding payment in full having terminated this agreement and passed the account onto a third party debt collector.

 

The FOS was instrumental in obtaining a small sum for me in compensation for what the creditor said was confussion between this account and my mums. My agreement however was terminated because of my suspended payments which I believed I was entitled to do while the Creditor was in default of the section 77(1) request for a copy of my agreement.

 

If they are legally entitled to ignore the section 77(1) request and at the same time demand that we continue with the repayments and terminate the agreement when we suspend payments, then we will have no defence. May I say that the creditor also continued to add extra interest to the outstanding balance while in default of the section 77(1) request, but this interest was not included on the figure stated to remedy the breach on the default notice.

 

The s77(1) request was made early September 08, the agreement was terminated at the end of November 09. The creditor complied with my section 77(1) request in the middle of August 10. It is obvious to me that in September 08 the creditor could not comply as they did not not and do not have a signed copy of my agreement.

 

The high court in a judgement in December 09 clarified certain matters one of which was to allow a reconstituted agreement without signatures and this is what the creditor has provided in order to comply with the section 77(1) request. However, the agreement was terminated was terminated before the high court gave its judgement and before the creditor complied with the section 77(1) request.

 

Is this allowed? Any suggestions?

 

Thanks Vixta.

Share this post


Link to post
Share on other sites

Bump

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...