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    • 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 medication 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.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
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Statutory Demand HELP!!!


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Hi Im new here guys and really need some advice.

 

Ive had a guy banging on my door tonight,

said to my husband he wanted me,

and would not go without seeing me as he had something he had to give me.

 

I did not go to door and it turns out to be a demand,

dunno who from but have an idea.

 

he sat out side my house for so long I was going to call police as thats intimidation....and I dont do intimidation.

 

Finally he went, having put a letter thru door saying hes coming back next week and whether im in or not im getting demand served on me, so thats gunna be day of service.

 

I have a few days grace so advice please please please.

 

I think its for a credit card debit of 3K and its in dispute cos of excess charges applied to account,

 

have told original creditor this but to no avail.

 

Thanks in advance

 

very silly girl :|

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Check your credit file.

 

You know what this is for, or you have more than one debt, so it would help immensely if you can list them.

 

Who is the credit card with?

What correspondence have you received from them?

How old is this?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi, thanks for reply.

 

Its vanquis. theres nothing else.

 

I went into dispute with them over 18 months ago, because my payment was late by one day

they added charges onto my account, this took it over its limit s

o they addded more charges on etc etc, you see the pattern.

 

No matter that i paid every month and i could not get it back under its limit,

or rather, could not afford to, the charges carried on to a point where i could not pay anymore.

 

I have had no default notice,

several offers for me to pay a reduced sum in settlement etc,

but I wrote to them saying I dispute the amount because of the charges you have added.

 

Now this from nowhere.

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I would suggest that you send a CCA request off to Vanquis.

 

Also do you still have evidence of your dispute from when you raised the excessive charges with them ?

 

I would recommend a SAR too for good measure.

 

Also as far as agreements go if they are applied for over the internet goes then all they have to do is show a tick box where you agreed to their terms and conditions.

 

This came into force in 2004 - http://www.consumeractiongroup.co.uk/forum/showthread.php?152384#post1618550

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Also I applied for card over internet several years ago, never signed an agreement, just typed my name if thats any help.

 

In addition to the above,

I think you need to go back to Vanquis with a formal complaint in writing about the charges and that they have failed to respond to a previous complaint.

 

If the previous complaint was more than 8 weeks ago, you could just pick up the phone to the FOS to make the complaint.

They will register the complaint and send notice to Vanquis.

 

In theory,

if the FOS register the complaint.

than Vanquis or whoever,

should stop chasing until the complaint is resolved.

 

Get the complaint registered before the SD is served.

We could do with some help from you.

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I need to see if I can find the doccuments relating to this. Is there any point contacting the collection agency now and trying to negotiate a payment plan? Also, if they go to court to make me bankrupt, the house is in joint names, and has equity, what would happen in this situation?

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Is it Vanquis chasing or has the account been sold? Vanquis is owned by Provident – run by a man called Crook!

 

Don’t negotiate a payment plan until you have sorted out the possible unfair charges. Was there any PPI? Have they ever responded to your complaints? As uncleb says, complain to the FOS.

 

Suggest a CCA request as a matter of urgency, as 42man says.

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The DCa is Lowells and its also Hamptons.

 

The last letter i recieved from hamptons was 6th july,

but my uncle died on the 13th july,

my mum and i were looking after him (terminal cancer)

as he had no other family and so im afraid the letter got left.

 

It says they would accept 50% of the balance

and that to be paid off at 40 pound a month direct debit :sad:

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So the account may have been sold to Lowells. Have you ever received a notice of assignment? What else have they sent? You say you received no default notice from Vanquis.

 

As well as a CCA request, you may need a SAR to Vanquis to get statements for the life of the account.

 

But get that CCA request in to Lowells as a matter of urgency, and send recorded delivery with the £1 fee. DO IT TODAY!

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Hi sequenci, its a jointly mortgaged property, well two thirds mortgage one third equity, thats the only asset.

 

So you want to avoid bankruptcy in this situation, where you will incur more cost. They are only using as leverage to get you to pay anyway.

 

You could start to pay them, taking up the 50% discount offer or at a monthly repayment amount you can afford. If you still have the letters from Lowells, can you access Lowells online payment system and make a payment. You can still investigate the debt by asking for information if there are any issues. e.g. charges, interest that should not have been added.

 

I would be tempted to make a payment and confirm to Lowells what you can afford to pay per month in writing. At least then then bankruptcy threat should be removed and this would stop you getting into a stressful situation.

We could do with some help from you.

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Hi unclebulgaria and thankyou for your reply. I was contemplating doing this but was unsure if it was a good idea or not. I did think it was scare tactics on their part, but you never know do you. I am prepared to go to court to sort this out but would prefer not to obviously. I will make a payment tomorrow and sort the cca out when i find the letter template. If I email lowells/hamptons and ask if they still own the debt, and confirm I will pay monthly and that I have made a payment, will that be enough?

 

Thankyou

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Hi unclebulgaria and thankyou for your reply. I was contemplating doing this but was unsure if it was a good idea or not. I did think it was scare tactics on their part, but you never know do you. I am prepared to go to court to sort this out but would prefer not to obviously. I will make a payment tomorrow and sort the cca out when i find the letter template. If I email lowells/hamptons and ask if they still own the debt, and confirm I will pay monthly and that I have made a payment, will that be enough?

 

Thankyou

 

It will be Lowells issuing the SD, as they are issuing loads. I think we only see a fraction of them reported on CAG. But they do seem to proceed with some, so you would be risking it, just ignoring. You either make a payment and come to an arrangement to pay monthly or you await the SD and arrange to set aside, which may be contested.

 

I would suggest making the payment, as it would not stop you disputing/making CCA requests etc, but would give you breathing space.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Oh look. Lowells and hamptons issuing more Stat demands. Is this their new trick now?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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CCA Request

 

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Account in Dispute letter to send after 12 plus 2 working days

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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Hi guys just an update on this......I rang Hamptons/Lowells today and the guy was very helpful!!!

The debt has been sold onto a company called B W Legal. There was nothing Lowells could do now as the account was not with them anymore he said you need to ring B W legal. At first was not happy because of the attitude of the guy who called the other night, but decided to ring them anyway to sort this out.

 

The guy I spoke to was fine, we have agreed a repayment plan and I have made a payment. They will still issue demand but nothing further will take place unless I fail to make payments onto the account, which I wont. I would have set it up before if my uncle had not died and I completely forgot about it.

 

Are they telling the truth that nothing else will happen do you think??

 

If I dont dispute it within the 18 days and stick to my payments will I be ok?

 

One thing I will say, I dont get the feeling they are bluffing, issuing the demand, but its worked anyway cos its been sorted out.......or has it?

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dw Legal Are Solicitors they use..Lowels will still own the debt ,so I think he lied to you on that one..they sent my OH a SD.. He offered to pay them £5 a mth..I set up a SO payed them ,,sent them aletter saying I was paying them ..and not heard nothing since

 

when you phone them ,they tell you alsorts ,,theys why its best to never phone and in writing only

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Its B W legal not dw. He is putting it all in writing. He is sending me a standing order mandate and an income and expenditure form for me to fill in. Do I still contest this then? And what happens if I dont?

 

Sorry for all questions but I really appreciate the help Ive had so far.

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