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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
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Cap1 & CCA return


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Guest The Terminator
From forum to print to post and recorded delivery in 4 minutes? Can I borrow your Post Office please? I'm usually waiting in line longer than that at mine. :)

 

Considering it was already in the envelopes and the Post Office is just across the road from my office and there wasn't anyone in there 4 minutes aint bad.Forgot to tell you though that the timing is wrong on the forum

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I said (erroneously) that you wouldn't have the tracking number for recorded delivery until you'd actually posted the letter. You then said you posted it at 1.30 - which is pretty impressive given you were here to put it on the forum at 1.26.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Hi all,

My bank is 2 days away from being guilty of criminal act & still not heard any more than receiving pre-contract information. Sent letter requesting full compliance with S61 - a signed agreement which they received on 14th. I'm all set to cancel the D/D before next payment due. However, I just wanted to check something. While the account's in dispute & I'm not making payments, do I need to keep the money to one side ie can they demand I pay all monthly payments I've missed at once if they come up with an agreement? Or would the repayments just resume. As far as I'm aware, while an account's in dispute, no interest can be added, and they cannot demand repayment. It's just the afterwards bit I'm a bit worried about, IF they come up with anything.

 

Hope someone can help

 

Thanks for a great thread everyone

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Hi all,

My bank is 2 days away from being guilty of criminal act & still not heard any more than receiving pre-contract information. Sent letter requesting full compliance with S61 - a signed agreement which they received on 14th. I'm all set to cancel the D/D before next payment due. However, I just wanted to check something. While the account's in dispute & I'm not making payments, do I need to keep the money to one side ie can they demand I pay all monthly payments I've missed at once if they come up with an agreement? Or would the repayments just resume. As far as I'm aware, while an account's in dispute, no interest can be added, and they cannot demand repayment. It's just the afterwards bit I'm a bit worried about, IF they come up with anything.

 

Hope someone can help

 

Thanks for a great thread everyone

 

Personally Acerfan, I tranfer my payments to another account so that they are there - I haven't done this to "profit" out of it (and I am not saying you are either!! :)), so the money is still being put to one side for the minute!

 

I don't know about anyone else!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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You won't have the number until you've actually posted it.

 

I have a good supply here if anyone wants some :D

 

I always note the tracking number on the top of every copy letter, just in case the actual slip goes missing. Once the letter has been delivered I then record the date on the same letter. I'm even considering getting a rubber stamp made just so it looks even more organised ;)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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The reply to Mbna which has just gone by regiesterd post.Now let the fun begin.

 

 

Matthew McGrath

Head of Customer Assistance

MBNA Europe Limited

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

18TH December 2006

 

 

 

Dear Sirs,

 

 

The writer is in receipt of your letter dated the 6th December 2006 regarding the following MBNA Accounts:

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

 

The writer notes inter alia that you are making serious allegations regarding the writer. As there is no evidence to substantiate the allegations I suggest that you refrain from making allegations or threats which may lead to legal action in the near future. The writer further informs you that copies of your letters dated the 6th December 2006 have been sent to the FSA together with a complaint regarding the contents. As these accounts have been in dispute for many months I hereby serve you default notices under Section 85 of the Consumer Credit Act (1974) as amended which will also be lodged with a Credit Reference Agency if not complied with within 30 days of receipt I must also advise you that the creditor can not enforce the debt whilst the default continues.

 

Furthermore the writer must also inform you that repeated phone calls or text messages will constitute a breach of Section 40 of the Administration of Justice Act (1970) and Section 1 of the Protection from Harassment Act (1997) which you were given notice of in my letter of the 22nd September 2006 and are both criminal offences. It is therefore suggested that you communicate by letter only,

 

The writer awaits your reply.

 

Yours Faithfully

 

 

 

 

The Terminator

Android City

Barnehurst

Kent

 

Nice letter Terminator :D

 

oh and I love the stuff you sent me today if you haven't got my emailed reply yet :D Methinks the MIB's are in a lot of trouble from me :)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I said (erroneously) that you wouldn't have the tracking number for recorded delivery until you'd actually posted the letter. You then said you posted it at 1.30 - which is pretty impressive given you were here to put it on the forum at 1.26.

 

Hey I demand that post office be closed. Nobody has a right to be that close to one ;)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Hi all,

My bank is 2 days away from being guilty of criminal act & still not heard any more than receiving pre-contract information. Sent letter requesting full compliance with S61 - a signed agreement which they received on 14th. I'm all set to cancel the D/D before next payment due. However, I just wanted to check something. While the account's in dispute & I'm not making payments, do I need to keep the money to one side ie can they demand I pay all monthly payments I've missed at once if they come up with an agreement? Or would the repayments just resume. As far as I'm aware, while an account's in dispute, no interest can be added, and they cannot demand repayment. It's just the afterwards bit I'm a bit worried about, IF they come up with anything.

 

Hope someone can help

 

Thanks for a great thread everyone

 

I did exactly that and where the agreement has been produced (albeit late) I have resumed payments including those missed. Where the agreement still hasnt been produced I'm still putting the money aside to cover them if the need arises.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Guest The Terminator
Nice letter Terminator :D

 

oh and I love the stuff you sent me today if you haven't got my emailed reply yet :D Methinks the MIB's are in a lot of trouble from me :)

 

I'll pick it up in the morning and I think the MIB are in for a massive shock from both of us :-D

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I'll pick it up in the morning and I think the MIB are in for a massive shock from both of us :-D

 

I especially liked this bit :D

 

XXXXXXX holds the company's issued shares as a trustee on behalf of the owner in the beneficial interest of the shares.

 

I think that virtually proves what we have been discussing. Only question now is who is the beneficial owneIts also interesting how a company trading over 60M a year can make such a small profit by employing no staff and not paying it's directors or share dividends.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Guest The Terminator
I especially liked this bit :D

 

XXXXXXX holds the company's issued shares as a trustee on behalf of the owner in the beneficial interest of the shares.

 

I think that virtually proves what we have been discussing. Only question now is who is the beneficial owneIts also interesting how a company trading over 60M a year can make such a small profit by employing no staff and not paying it's directors or share dividends.

 

I think that this is one massive [problem] the aduit trail leads back to a bank and once I've got the evidence together a little dossier will be going to the FSA and HMRC.See my last post on the Debt and Baliffs and you will see what I mean.

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Hello,

 

How do I contact tradign standards to advise of a criminal default for a CCA request?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Morning.

 

Links are all HERE

 

Pete

 

That's fab, thanks mate! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hmm... you learn something new every day :)

 

I EVEN photocopy the addressed envelope with the postage stamp on with the recorded delivery part "stuck on to the front of the envelope" orange on ........... "every little helps "

eliminate all risk ..... don't forget you can scan it as well !!!!:D:D

:cool: sunbathing in juan les pins de temps en temps

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Guest The Terminator

It's official MBUSA have received their default notices and have until 17th January 2007 to conform or commit a criminal offence.The default will be lodged with a credit reference agency on the 18th January 2007.And if their watching Merry Xmas looks as if Santa's come early

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It's official MBUSA have received their default notices and have until 17th January 2007 to conform or commit a criminal offence.The default will be lodged with a credit reference agency on the 18th January 2007.And if their watching Merry Xmas looks as if Santa's come early

 

How are you going to issue the information to a CRA?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Guest The Terminator
How are you going to issue the information to a CRA?

 

Shouldn't think that will be too difficult.If they can register defaults against us then there is nothing to say it can't be done visa-versa.I've thought this out at great lengths and I'll see what happens.The point is at this moment of time they are in default.

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Ah yes, but the banks and lenders are clients of the CRA's - it might be better advising the Bank of England, seeing as it is they who lend to the banks etc!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Guest The Terminator
Ah yes, but the banks and lenders are clients of the CRA's - it might be better advising the Bank of England, seeing as it is they who lend to the banks etc!!

 

Thanks un1boy I didn't think about that(may hit them with a default as well):D

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Can i please quote the part of the CCA 1974 ???

 

Consumer Credit Act 1974

Part VI

Matters Arising During Currency of Credit or Hire Agreements

section78 Duty to give information to debtor under running-account credit agreement

4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

 

does this mean that if they fail to send you a monthy statement credit companies are in default ...... it does from where I'm perched !

 

just a few views so i don't hijack then will start a new thread

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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Thanks un1boy I didn't think about that(may hit them with a default as well):D

 

No probs, it's easy to forget that the lenders actually pay the CRA's to hold and share our data!!

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does this mean that if they fail to send you a monthy statement credit companies are in default ...... it does from where I'm perched !

 

The bit you're looking for is this:

 

at regular intervals of not more than twelve months

 

This bit of the CCA applies to pretty much anything between £50 and £25,000 of "running-account credit" (S77 for fixed-sum credit doesn't contain an equivalent). They must send you a statement at least once each year.

 

While I was checking on this, I found something interesting in S83, but that's something for another day.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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The bit you're looking for is this:

 

 

 

This bit of the CCA applies to pretty much anything between £50 and £25,000 of "running-account credit" (S77 for fixed-sum credit doesn't contain an equivalent). They must send you a statement at least once each year.

 

While I was checking on this, I found something interesting in S83, but that's something for another day.

 

 

yes but in 7 4(a) when they send the second statement after the first then they themselves have DEFINED regular (second date minus first date = regular period) and have to keep to that period which is traditionally defined as a "month" as you will see providing their is a "transactions) on the account {it would be very hard for you to know how much interest you would have to pay} . The point i am trying to make is if they do not send you a statement technically they are in default. AND this fact can be used "at the right time and place " when the circumstances require.

 

Do you agree with me ?

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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No. The second statement does not define a regular interval, any more than the second car down a street tells you anything about the traffic level. The interval is the "prescribed period", e.g. the bank will tell you (or offer you the choice of) whether the statements are monthly, quarterly, annually, etc. Where are you getting this idea that they can't go for more than a month without sending you a statement? The statement in S78(6) would suggest that the offence is committed if the statement is a month late, if it didn't already state that it refers specifically to S78(1).

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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