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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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zander in Scotland v A&L *WON* they want to close account?


zander
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Could I butt in here, sorry :p being cheeky, but if you have an overdraft which is currently being paid monthly (With A&L) via a debt management company and you claim for charges, which I am, are they entitled to use that to offset the overdraft? They shut my account, without any prior notice and they just say now because I couldnt pay it back thats why they shut it ? I'm not sure they can do this either.

 

Many thanks for any advice :-)

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Am watching this one with interest as I too have an overdraft with A&L which has gone over my agreed amount (because of all the charges) and I have stopped paying my salary in because it was just getting swallowed up - they are now threatening all sorts because of this and have also 'closed' my account, they have stopped my access put it that way. And yes I am at the claim stage where they have just entered a defence.

I'm more worried about this overdraft though - what can we do????

Any advice would be great...

Thanks :p

pinky

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Hi Pinky & csunset. I think my position is different to both of you as I received a refund of charges but still had the outstanding overdraft. I don't for one minute suggest that I'm trying to wriggle out of repaying, it's just that I'm concerned about their underhand tactics and that the closure put a strain on finances as the overdraft was an essential buffer zone.

The fact that they are causing you both hardship is disgraceful. I'm still waiting for the FOS to catch up with my complaint (including the "double" closure??) and would like to CCA them if appropriate.

Hopefully someone else can advise you on your predicament?

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Hi Zander

 

I would think any financial institution can have a CCA request, I would imagine though that the Alliance & leicester would have one though.

 

Although they upgraded my account and I dont remember agreeing to that or signing anything so maybe ??:confused:

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  • 2 months later...

Just had a look at that... unfortunately, not sure I'm any the wiser! :-(

 

What, in layman's terms, does that mean?!

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Fred I just posted on another thread that you have subscribed to - hope my post answers your questions.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

Hello one and all. Looking for more advice if it can be provided please. I cca'd the collection arm of Alliance & Leicester for the cca pertaining to an overdraft. They have been over the timescale until I received an agreement form by post today.

However....... it's basically an account agreement form, the one signed for when the account was opened. Fair play to them as it's over 13 years old!!. Question is though, that it's not what was requested. The overdraft limit shows zero (does this mean I don't have one?) although in the declaration it states under unsecured lending: the total value of overdraft limit with the A&L should not exceed £10,000.

I don't think this is a CCA form. Thanks for the help.

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The credit agreement for an overdraft is just a letter from the bank stating the overdraft limit, the APR, any charges and cancellation rights. So no they haven't actually supplied the credit agreement, what they have shown is that you applied for a bank account.

 

Are there any charges on the overdraft? If so have you any idea what percentage of the overdraft is made up in charges?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory. The account was closed due to my reclaiming charges & the FSO awarded me £200. I requested the credit agreement as part of my battle against A&L. The £200 was kept by the bank against the O/D so I never saw it. I'll have to write to them advising that it's an application. Any ideas on wording the letter?

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  • 4 weeks later...

Hello All,

 

Security Investigations (A&L) collection parasites sent me this notice of a visit despite them not complying with my request and recorded delivery letter advising them of the fact.

 

Anyone have a nicely worded response to them? It would be much appreciated as they are really beginning to get to me!!

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Well you could explain that since your release into the care of the community you are not used to having visitors...but if they give you fair warning...you'll make sure you're up to date with your medication...& have the tea & biscuits ready, perhaps a few scones...but no sharp knives! :D :D

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If they send you a visitor (which is unlikely, TBH), he will have no more legal rights than the guy who sticks pizza menus through your letterbox. You don't even have to answer the door, never mind speak to it!

 

As Bobby Thompson (a much-missed comedian from these parts) used to say: "Let them knock - the paint lasts longer than the skin!"

 

:D

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Hi this is a copy of a copy of a etc etc.

 

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

all the best dpick

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From the OFT guideance...

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is distressed or otherwise vulnerable, for example, it becomes apparent that the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

g. not giving adequate notice of the time and date of a visit

h visiting debtors, unless requested, at inappropriate locations such as work or hospital.

Good luck, Dave.

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Cerberus that made me :lol: - not allowed to leave feedback apparently. Someone local has just been stabbed to death by a schizo and I have heard absolutely nothing on the news about the fact that these people should not be in the community at all. (I speak from experience after we employed a guy who stopped taking his meds and turned into a very dangerous person and because of data protection the social services weren't allowed to tell us)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Goldlady- That's just the point. If these DCAs insist on threatening unannounced & unwanted visits they literally take a huge risk by not knowing who or what is lurking behind the doors they beat a path to.

 

As an aside, I worked for Local Government both in Hertfordshire & Yorkshire and was an Enumerator in the '81 , '91 & 2001 National Census. During that time I've met some Very strange & scarey people. :)

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