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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
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secured loan with my mortgage provider


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I have a mortgage with Northern Rock for £41000 and over the 11 years have had two secured loans on top of my mortgage, I have asked for the original documents for the secured loan element of the mortgage to see if there is any way out of these, after two phone calls and three letters, they sent me some documentation which they say is not relevent to the credit consumer act 1974 as they are not regulated by this??

they say if i sent a cheque for £10 then i can have the full paperwork in accordance with the something act 1998??

 

I am confused totally,

can anyone help me on this one?? Please could I have some help responding and also are these write off's with secured loans on a mortgage successful and are there any pentalities?? i really do not think they should have lent me more on top of my mortgage cos at the time i had a 100% mortgage

 

 

any help is greatly recieved!!

 

 

cheers

 

Kelly :mad2:

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just wanted to know if there are flaws in these agreements, can i claim them back as unenforceable?? I will send the £10 fee with the letter that was recommended and see what happens.

 

just wondered if anyone has been successful in doing this as its on a mortgage?? and what to be looking for.

 

help i am totally clueless, although i have claimed my PPI back and in the process of trying to sort my loans out!!

 

will be grateful for any help given xxxxx

 

 

Kelly

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The CCA used to only cover debts up to £25,000 which is why most mortgages were not covered.

 

it's hard to find any agreement which is unenforceable these days. You can challenge ppi and unfair terms in contracts but remember that your mortgage lender owns your house and will repossess if you stop payments.

 

I've never heard of a mortgage agreement being unenforceable. Please be careful.

 

B

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... remember that your mortgage lender owns your house and will repossess if you stop payments.

 

Having a mortgage on your property does not mean that the mortgagee owns your house - the mortgagor owns it. But the mortgagee has a charge over it to secure their loan, and because of that, if repayments of said loan are missed, the mortgagee can make an application to the courts for possession in order to sell and repay their charge, note, it is POSSESSION not OWNERSHIP - any shortfall is the responsibility of the mortgagor - and anything left over once any charges on the property are repaid belong to the mortgagor. Transfer of ownership is done on sale - and the transfer goes from mortgagor to the new owner, at no point (usually) does the mortgagee (lender) become the owner.

 

To the OP - what are you hoping to achieve? An unsigned agreement does not negate a contract.

 

When you ask whether there is "any way out of these" is your expectation that somehow you won't be liable to repay the money you had?

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I dont wish to dismiss the mortgage but the two secured loans on it, just wanted to know if these agreements have the same flaws as the unsecured loans from previously?? wanted to see if there was any way out of the secured loans not the mortgage and if the mortgage company would punish me for doing so? x

cheers

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I dont wish to dismiss the mortgage but the two secured loans on it, just wanted to know if these agreements have the same flaws as the unsecured loans from previously?? wanted to see if there was any way out of the secured loans not the mortgage and if the mortgage company would punish me for doing so? x

cheers

 

I'm still not clear exactly what you are asking for help with. So please answer the following questions:

 

1. How much is the mortgage for? Are there arrears?

2. How much is the first secured loan? Are there arrears?

3. How much is the second secured loan? Are there arrears?

4. What unsecured loans are you referring to?

5. What do you mean by 'a way out' - are you hoping to avoid repaying the loans?

6. Clarify what you think the mortgage company could do to 'punish you'?

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I'm still not clear exactly what you are asking for help with. So please answer the following questions:

 

1. How much is the mortgage for? Are there arrears?

2. How much is the first secured loan? Are there arrears?

3. How much is the second secured loan? Are there arrears?

4. What unsecured loans are you referring to?

5. What do you mean by 'a way out' - are you hoping to avoid repaying the loans?

6. Clarify what you think the mortgage company could do to 'punish you'?

 

hi there,

ok here goes

1. the mortgage is £73000 with no arrears, have had some in the past tho but its now upto date paying interest only at the moment because i lost my job last year.

2. first loan was for 12k with no arrears

3. second loan was 15k with no arrears

4. have other debts which are unsecured

5. was hoping if i could prove the secured loans had flaws to avoid paying the loans

6. i was thinking they may ask me to find another mortgage provider or maybe force me to sell the house for this....

 

 

cheers hope this helps a bit :-x

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Okay - well, you're not going to be able to avoid paying those loans. They are secured on your property, and even had the agreements been faulty, it would simply make them voidable - which would mean that you would have to repay the money that you received in the first instance. You may, of course, be able to reclaim any interest/charges that were paid. However, it is far more likely that you will be deemed to have accepted the terms of the loan by conduct, that is, the mere fact that you accepted the money, and then made the repayments in accordance with the agreement that you are now hoping to say is flawed, may be sufficient to make the agreement stand. If the agreements didn't stand on that basis (very unlikely to go in your favour), then the secured loans would become equitable.

 

In short, you have to repay the money you borrowed.

 

The only way they can force you to sell the property to pay the loans (all of them) is if you get into arrears and they take you to court and gain a possession order.

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Hi - are you saying that the secured loans are with the same lender - that they are add ons to your mortgage ? Who is this lender, a company that has given you a first charge loan that is unregulated and then two further loans later on??

 

interested in what you are thinking hear camp. i have a £60k mortgage [int only] & a secured £15k loan with the same lender and the secured loan is an add-on [sub account] of the mortgage.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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