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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Cap1 & CCA return


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magda- if you can take a pic of it, or scan it- dont forget to remove your name and address from it before putting it up here. :)

 

Have you any had any charges on this card?

 

If so- you can use this to show the Default Notice to be void and stop them in their tracks.

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Hi again, thanx a lot for the replies, have scanned it in, not sure if you will be able to read it or if I have done it correctly, but here goes, (by the way, there weren't any terms of conditions attached/enclosed) This was basically it. Magda

1stcreditcx4.jpg

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sorry, it's a bit small isn't it! the info is on the form is mostly just what I filled in, i.e. name and address etc, income, dob, that kind of thing, then additional card holder and the payment protection thing, then my signature, I really appreciate all the comments today, it really is a massive help, so thanks again

Magda

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Well If that the case its unenforcable in a Court of Law.

 

No need to worry.

 

Just send them something like this back

 

Alte to suite

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

You had until 6th August 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the 6th September 2007 it becomes a criminal offence.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

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thanks so much for that - will get a letter off to them tomorrow. It's fantastic to have this forum, otherwise we would be completely stuck, and I certainly need all the help I can get! Thanks for all the replies,

 

Magda

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Actually, just one more question, doesn't it matter that is says it is a consumer credit agreement at the top of the application form, I picked up a credit card application at the supermarket earlier, and they now seem to have the application on one side, i.e. all the personal info like the copy of the form I posted and then, terms and conditions on the back which needs to also be signed. Just worried that they will say their form was in this format and that in actual fact the copy I have had covers their obligation as far as the CCA is concerned. Sorry to be a pain!

Magda

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Hi

 

Question

 

have secured loan. checking through the paperwork i note that although the loan has fixed term rates ie 1% under the norm, that the interest rate i am being charged at is infact the norm! or have i got it wrong.

 

current normal rate 6.75% - 1% should then mean my interest is 5.75%, but the paperwork states i have been charged 6.75 from August. the fixed term rate is not up until next year!

 

can anyone explain this to me?

 

thanks

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Thanks for that. Was just a bit worried because 1st Credit's solicitor pointed out the 'Consumer Credit Agreement' wording today, and said that if I wanted to defend their claim then to go ahead, but the form they sent (posted on the forum today) was all they needed to take court action, so it's nice to know that they are basically talking rubbish. I will get that letter off tomorrow re: Having a Nightmare (thanks ) and hopefully that will give them something to think about!

Magda

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Thanks for that. Was just a bit worried because 1st Credit's solicitor pointed out the 'Consumer Credit Agreement' wording today, and said that if I wanted to defend their claim then to go ahead, but the form they sent (posted on the forum today) was all they needed to take court action, so it's nice to know that they are basically talking rubbish. I will get that letter off tomorrow re: Having a Nightmare (thanks ) and hopefully that will give them something to think about!

Magda

 

Well, Magda, therein lies the lesson, I think!

 

There is definately more expert Consumer Law advice to be had on CAG than most Solicitors have in their whole body, from what I've seen!

 

Just because they are big, bad "Solicitors", doesn't mean everything they say should be gold plated and used to flog you because you don't have as much knowledge as they do!

 

Welcome to the CAG self-empowerment school! You've just learnt your first lesson and there will probably be many more to come... Here's hoping that you end up a CAG success story like many others that have gone before you!

 

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Yes, I think you are right. It's really easy to be intimidated by these companies and their solicitors because they seem to know all the facts. Since reading the comments on these forums though, including your own, have realised that isn't always the case. One thing I would like to say is I think I have (unintentionally) been guilty of 'highjacking' threads, which I really haven't meant to do. I now realise I should be posting a new thread! This is the first time I have used any forum, so apologies for that. YOU have all been so helpful and I will keep you posted on the outcome of this. Magda

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Hi

 

Question

 

have secured loan. checking through the paperwork i note that although the loan has fixed term rates ie 1% under the norm, that the interest rate i am being charged at is infact the norm! or have i got it wrong.

 

current normal rate 6.75% - 1% should then mean my interest is 5.75%, but the paperwork states i have been charged 6.75 from August. the fixed term rate is not up until next year!

 

can anyone explain this to me?

 

thanks

 

HI

If the agreement says it will track at 1% under base rate it will probably be a tracker mortgage fixed at that rate under the current level for a set period.

This differs on a straight forward fixed rate in that it does not have to stick to a specific figure but will vary with the base rate.

 

Best regards

peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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That's very interesting B3rty. I did wonder if they were actual solicitors or not, and now I know. The 'solicitor' I spoke to on the phone who is apparently handling the case (they intend to take court action in the hope of getting a charge on our property) didn't seem particularly knowledgeable and kept pointing out the fact that the application form states at the top 'This is a consumer credit agreement'. LSC certainly don't seem to be a very reputable from what you say and from my own dealings with them. One worry I do have is if LSC proceed with their claim despite not being able to produce the actual CCA, and I defend it, would a court actually take any notice of my defence re: CCA, or would they allow LSC to proceed with their claim? Thanks

Magda

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Magda, what the Court does or doesn't do isn't in question - they can't override the Consumer Credit Act and you will have a complete Defence to any claim seeking enforcement, based on what you say.

 

I'd be surprised if it did get to Court. I'd be even more surprised if they are allowed to enforce the agreement given the Defence you would have constructed. (with CAG's help!) I would be even more surprised if you lost and had to appeal, as no Judge wants his opinion appealed against when he is clearly wrong!

 

It might happen, in that some Judge's side with Creditors against Debtors, for one reason or another - so it is possible, but not probable.

 

Stick with us, kid, and you'll be fine!

 

;)

 

I actually notice that your feelings have changed now (from the tone of your posts) and you're sounding more confident. Well done for challenging them on their opinion!

 

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I'm going to get the letter off today as suggested by Having a Knightmare. I do feel a lot better about all of this now as knowledge is a very powerful weapon and there is certainly plenty of that on this site. I will keep you posted on any outcome and it's nice to know if I need any futher help, then I can ask. Thanks again for all the help.

Magda

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Magda

 

I am taking on LSC (1st Credit) right now and have put in a defence based on lack of production of a CCA....we wait to see what they can produce and have 28 days to do so......knowing that they are just processing court claims because 99% of these dont get challenged makes me feel good because they won't want to go to court unless they have the CCA but will bluff me along the way

 

Its a poker game where the more they bluff the less likely it is they will produce a CCA and last one to back down wins

Live Life-Debt Free

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Good luck B3rty - let's hope we both get the outcome we wish! I'm sure everything will be fine in the end, as you say, they do try to call your bluff and hope that you will back down. The problem is they pick on a lot of very vulnerable people, such as the elderly, who simply go along with whatever these companie say, so it's good that some people are starting to think differently about this kind of thing. Did they send you the Application Form as well by the way, passing it off as the actual CCA?

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interesting little thread here

 

http://fds.oup.com/www.oup.co.uk/pdf/0-19-928436-9.pdf

 

 

and a link to the new thread just started on CAG

 

 

http://www.consumeractiongroup.co.uk/forum/cabot/122201-more-secrets-about-assignment.html

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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FAO peterbard

 

can you please take a look at this thread please http://www.consumeractiongroup.co.uk/forum/general-debt/122355-welcome-finance-shall-i.html

 

i run the figures through dualcalc and there are some discrepancies with the figures that coime back

 

also welcome are pressuring the OP to sign a new agreement

 

thnks

 

paul

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