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    • cadbury...listen carefully.   you have enough medical issues to get yourself under the care scheme. go ring this number..   08000728625   tell them your story.
    • Thanks Andy, how can i pay Barclays direct if they have passed it onto Arvato...or westcot.?..(or both at various stages apparently?).  And as forBarclays saying because of their own mistake /breech of cca rules etc, they would never take it to court...have they just offloaded it to these stupid debt collecting idiots/
    • The only reason I don't want to enter a DRO unless absolutely necessary is because I was reading that when renting your home the tenancy agent can kick you out of your home for entering into a DRO or IVA? Also, I currently rent my car on a PCP and I could have that contract terminated too?!   If I enter into the informal negotiations with my creditors via the pro rata letter, am I correct in thinking that this wouldn't affect my renting status and the my hire car?    What would I need to show them to provide income and outgoings proof? Bank Statements and Wage Slips?   x
    • pers I wouldnt touch an IVA with a barge pole. DRO if you must take such routes which is probably the best way for the future. as andy explained earlier   once you 'default' by entering into your own arrangement [our pro-rata stuff] the defaults are there for 6yrs anyway killing credit. but under the same breath, so is the DRO marker...   there is nothing to stop you doing pro rata..see how it goes then switching if needs be.  
    • pers id send by royal mail our vt letter.   see what they do.   Section 99 of the Consumer Credit Act gives the debtor the right to terminate a hire purchase agreement,  simply by giving written notice of termination.  . The right to terminate applies at any time before the final payment becomes due, unless the creditor has already terminated.  contrary to the line taken by many finance companies,  . the debtor need not have paid half the total amount payable,  and nor do they have to pay any arrears, [read below carefully regarding arrears ]. . before exercising the right to terminate.  . Sections 99 and 100 set out the debtor's liability on voluntary termination.  The sections are complex,  but their main effect can be summarised in brief as follows.  . If the sum of payments made and arrears before termination exceeds 50% of the total price,  than the debtor is only liable to pay the arrears.  . Otherwise, the debtor is liable to pay half the total price, less any payments already made.  .  so the debtor can terminate at any time if he has reached the 50 % mark but would be liable for any payments still to reach the 50 % mark,  .   it does not matter if the account is in arrears at the time or request to do a voluntary termination. . you need to specifically nail them down that this is a VT and NOT a VS Voluntary surrender]. dont get caught out!! . take extensive photos and video of the car inside and out  and underneath [use a selfie stick] and in the engine compartment  ALWAYS. . if they try and charge a repo fee or collection fee they cannot: . The only charges you must pay are the ones contained in the legislation and itemised in section 101,  the charge mentioned is levied after the agrement is terminated and is void in any case.  . All it means is that no one will collect the terminated car(their car), well that is ther problem it is no longer yours , your attachment to the car has been terminated.. . 173 Contracting-out forbidden. (1)A term contained in a regulated agreement or linked transaction, or in any other agreement relating to an actual or prospective regulated agreement or linked transaction, is void if, and to the extent that, it is inconsistent with a provision for the protection of the debtor or hirer or his relative or any surety contained in this Act or in any regulation made under this Act. . This term is covered by the above section of the CCA 1974 in that it breaches this: .  99 Right to terminate hire-purchase etc. agreements. .  (1)At any time before the final payment by the debtor under a regulated hire-purchase or regulated conditional sale agreement falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement .  In other words nothing can stop you voluntarily terminating. . although dependant on the way your agreement is written, they can charge excess mileage .  this has been accepted at county courticon level, but afaik has not been tested in a higher court .. . . ..............example letter..ADAPT TO SUIT............. . You must vt under s99/100 cca1974. do not sign any of their forms, or agree to pay anything.  . The car has just to be in reasonable condition for its age.  If you have paid in excess of 50%,  with no arrears there will be nothing to pay. . Send them the following letter,  they MUST action your request,  you should endeavour to be present at the vehicle inspection--- . VOLUNTARY TERMINATION OF AGREEMENT UNDER S99/100 CCA 1974 .  Account No: (xxxxxxx) .  Dear Sir,  I am writing to notify you that I am exercising my right to terminate the above Agreement  under Section 99 of the consumer credit act1974.  . You will understand that the aforementioned section permits the debtor to terminate the agreement  at any time before the last payment is due.  . There is no restriction regarding the exercising this statutory right,  particularly none in respect of any perceived arrears or monies due on termination . I understand that I shall be liable to you for the amount calculated under the formula in Section 100  of the Consumer Credit Act 1974.  . **As I have/have not paid more than the amount calculated under the formula in Section 100 the amount due is £XXXX/zero. .  The above agreement will be terminated 14 days from the date of this notice. .  Please send me details of how the vehicle can be returned to you. .  You will be aware that statute prevents you from levying a charge for the recovery of this vehicle;  guidelines also state that if you require me to deliver this vehicle  it must be no more than a short (reasonable distance) from my registered address. .   Please confirm receipt of this request in writing within 7 days of receipt. . -Yours etc... ..  
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Hi all,


I'm giving myself brain ache with this so I hope someone can help me out?


Long (looooooooooong!) story short,

my Aunt leased a retirement bungalow in 2011 from a company called Anchor.

She paid a monthly service charge which went up every year.

Sadly she passed away in June 2016, but the property only sold a few months ago.


When my Mum, as the co-executor with her [utterly useless] brother, got the Statement of Account from the solicitor (who has NOT acted on her behalf in any way, shape or form)


we noticed they'd paid Anchor almost £8,500.00 for a "Sinking Fund".

We'd never heard of one of these so have been asking the solicitor what it was for.


We received a letter from Anchor, via the solicitor, stating that they take this charge when the tenant sells the property.

They included a lease from 1996.

Yes, you read that right, 1996!

It was not signed by my Aunt.

Because she didn't buy the bungalow until 15 years later.


We wrote directly to Anchor asking for the correct copy of the lease, including my Aunt's signature.


Well, today we got what I grudgingly refer to as a response, which is to say they just doubled-down on what they'd already sent via the solicitor. *Le sigh*.


Now, from the research I've done I believe a company like Anchor can charge either a Service Charge OR a Sinking Fund, but not both. Is this right?


I mean, even if a Sinking Fund was set up in addition, surely you'd pay it whilst living in the property, not after you sell it? You'd not benefit otherwise. Not that my Aunt benefited anyway;


she had numerous issues with the bungalow, including an ill fitting front door, damp and consequent mould issues to name but three and Anchor never addressed these problems. She ended up paying out of her own money to get them fixed!


I read this article today: https://www.leaseholdknowledge.com/cherry-trees It's interesting because this is also Anchor and in this instance the people did not pay a service charge. So it seems to me it's a one-rule-for-one situation.


It's clear that, since they've already got the money thanks to the completely incompetent solicitor, they're not going to send the requested information, I mean why would they?


So the next step is to get Mum's solicitor involved, but I'd like to know if I'm fighting a lost cause here.

Does anyone have any experience with these funds at all?

I'd appreciate any info.


Thanks in advance,


Edited by dx100uk

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Sorry, don't know answer to your question, but re solicitor having paid the money to Anchor anyway.


My experience recently selling my mother's leasehold retirement flat was that the property couldn't be sold without the formal approval and agreement to transfer lease from the lessor.


And the lessor will withhold that agreement until all the charges due under the lease are paid. So if your solicitor had not paid the 'sinking fund' payment that Anchor said was due you wouldn't have been able to sell the bungalow.


I assume that a copy of the actual lease signed by your Aunt in 2011 couldn't be found in her papers?


The solicitor who acted for her in the purchase didn't have a copy?

Edited by dx100uk

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