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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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Santander/fairfax claimform - credit card


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Fairfax Solicitors issued a claim via Northampton CC for a debt to Santander Card.

 

I requested statements of account and the original signed agreement.

I have received the signed agreement from 2003 which is signed by myself and the company which was then GE Money

there is no terms and conditions and in particular no mention of fees for late/missed payments etc.

 

Also the statement of accounts I have been sent are from 2005, 2 years after I opened the account therefore showing no opening balance.

The statements from 2005 show a different credit limit to the application and also showing charges for account cover which I did not sign up for in the original application.

 

Do Fairfax/Santander need to send me the statement of accounts from Day 1?

Also how do I request these and the initial terms of conditions as if they prove the CCA is legit I want to claim for the fees I have been charged. :?:

 

Thanks in advance for any help.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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It's probably Northampton Bulk center and will be allocated to your local county court once you have acknowledged the N1 form.

 

So, firstly you need to acknowledge the form (you can do this online) and whether you wish to defend the claim/part of the claim or admit to it.

 

The statements you have been sent go back 6 years, which is what they need to store and supply you with by law.

 

So, lets start at the begining. Have you sent a CCA request or a SAR?

 

If you could scan an upload the POC from the claim, this would be helpful

 

If you can upload the credit agreement you were sent and we can see if it is enforcable and worth defending.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Cheers guys.

 

It was through Northampton Bulk centre and I replied requesting accounts and a signed CCA. I will post up the CCA. Fairfax are acting on behalf of Santander and have not been assigned the debt.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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Have you acknowledged the N1 and stated you wish to defend? You can always withdraw at a later date

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Yes, didn't make myself very clear, sorry! I defended the claim online requesting proof of the debt in the way of statements and signed agreement. They have now come back with the statements and signed CCA and I have been sent an AQ, is that right?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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Yes, the AQ should give you the facility to change the location of the hearing. As you are the defendant you have the right for it to be in your local court

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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So you have already put in a defence before you have received any information from the claimant?

 

To be honest that is a rather dangerous thing to do.

 

Do you mind me asking what you put in as your defence? What you should just have done is to state theat you will be defending the full amount and then wait until you have received the documents from the other side before entering a defence.

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Yes, with a lack of clarity I was presuming that you have stated that you wish to defend and you had requested using CPR, documents mentioned within the POC?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Please find my CCA attached and advice would be appreciated.

 

Hi guys could someone please look at my cca and offer advice as I have to complete my aq. Thanks

untitled799.pdf

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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What about the fact there is no terms and conditions and that it does not show fees for missed or late payments etc?

 

Bump!

 

What about the fact there is no terms and conditionslink3.gif and that it does not show fees for missed or late payments etc?

 

Can anyone please help as it is my last day for filing my AQ!!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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As I said before, the agreement does appear to be enforceable as it has all of the prescibed terms from Schedule 6 - ie credit limit, interest and repayments. As long as it has those then a court cannot declare it unenforceable, regardless of what else is missing.

 

However, if you wish to challenge the fairness of the charges or whether you agreed to the account cover, then I would suggest that you would have a strong case for doing that.

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I agree with nicklea, the basics are there, the missing details are de minimis.

 

The only challenge you have would be charges which are not within the CCA above and account cover.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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