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    • Did you take screenshots or anything of the descriptions that you gave? Do you have any evidence to support you say? In any event, you paid for the insurance, you declared the parts having given the descriptions and they accepted it all on that basis. You have begun the claim procedure yet so I suggest that you do so. We'll see what happens. In any event, it could be said that the various sections are contradictory. Parts relating to vehicles are containing three separate sections and it is relatively difficult to discern which section a particular part should come into. Section 69 of the consumer rights act relates to ambiguities and basically says that an ambiguity must be interpreted in favour of the consumer.  
    • I have booked a Hotel/Flights Package with the above paying a 10% deposit with the balance due a month before travel next August.   On looking at Cancellation Charges they virtually say 100% 84 days out plus.   According to the Package Travel and Linked Travel Arrangements regulations 2018 - termination fees have to be "Reasonable and Justifiable"   I find it hard to comprehend how last minutes charges could fall into the above description.   For example the hotel is available on Booking.com for our dates with no pre-payment and free cancellation up to the day before arrival.   I'm not sure of their arrangement with BA but the tickets we reserved have doubled in price in the last week and could easily be resold.   I can't find any anecdotal evidence or Court Cases relating to them trying to collect Cancellation Charges from people who have not already paid the full balance and cancel. If I were to cancel 8 months out is it likely they would pursue me for the remaining balance.    
    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
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MartinC1962

repossession hearing next monday. Lender refusing full payment

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Hello all

 

I'm self employed, and got into difficulty last December with my mortgage (due to ill health which effected my eyesight)

 

Won't pretend I didn't do a bit of burying my head in the sand also!!

 

The last few weeks, I've been able to get back to work full time, and now have the money to pay my mortgage arrears in full, and can keep up to date in the future.

 

However, my lender wont accept payment from me until they hear from their head office, and charges are being added daily. Also the repossession hearing is next monday, and I'm out of my mind with worry.

 

What, if anything, can I do? Help!

 

Thanks for your time

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MartinC1962

Hi and welcome to CAG.

 

This is not "my bag" . .... But There are loads of Caggers experienced in this field.

"ellen" springs to mind..

 

Have a read about and I think it will put your mind at rest.

 

Your in a good position as you have the money to pay the arrears in full.

I think you will find in Court that the Judge will give the mortgage Co. a "roasting" for bringing it to Court !!!!

 

The "Legal Crew" for this forum will assist you in the morning.

 

Try not to worry. This will work out fine .

Good luck.

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Also to help other users can you list the charges they are putting on top.

 

eg Date , Late payment fee , £50

 

I do not think these can be added to your arrears and in most cases are unlawful and can be reclaimed!!!!

 

Others can advise you how.

 

Regards

 

SS


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thanks for the replies and advice.

 

Really is appreciated.

 

I'm going to ring the mortgage company again this afternoon to ask for a breakdown of the charges. And to see if they're willing to take the payment.

 

Thanks again all :)

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Lenders, have a clear and implied obligations under the FCA regulations for arrears handling and are required to do all of the following.

Handle matter sympathetically, Make reasonable efforts to reach an arrangement over repaying arrears, explain clearly their reasons for rejecting payment.

 

 

If you have not already, sent a letter to your lender with a proposal for make further payments, you should do immediately, by recorded delivery and keep a copy for court. Secondly since the lender is not sympathetic, you can start a formal complaint with Financial Ombudsman on 0300 123 9 123, which often results in the lender being more cooperative. Take action, make copies

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If the lender refuses to take payment ask for the name of the person you are speaking to and if they ask why you want to know, tell them it's so you can inform the judge you were denied the opportunity to clear the arrears by an employee of the lender.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I would be tempted to make any repayment offer in writing! In fact, why not send a cheque with the repayment to them. Make sure you copy the letter and scan in the cheque. Also send recorded delivery, keep proof of postage and proof of receipt. That can be used as evidence if they refuse.

 

Before talking to anyone on the phone, please read the CAG customer service guide and at the very least only phone them if you are going to record the call.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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