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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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Startline motor finance - Failed DD charges. **WON - REMOVED**

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Have a car hp agreement, regulated by the CCA 1974

 

Had a dd bounce. just checked the conditions.. and its stating

 

25 for a bounced dd,

 

AND

15 for a letter.

 

Surely, they can't do both.. the costs are supposed to be 'reasonable' and a true reflection of the costs for a failed dd

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cant charge anything

its a penalty and the FCA deem them unlawful and unfair

 

who?

 

Thread title amended


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thanks.. is there any guidance i send them when they send me a letter ?

 

Startline motor finance..

 

25 unpaid dd

15 letter

15 per phone call

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look in the FCA conc rules...iike…

 

"CONC 7.7.5

01/04/2014

FCA

A firm must not impose charges on customers in default or arrears difficulties unless the charges are no higher than necessary to cover the reasonable costs of the firm."


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look in the FCA conc rules...iike…

 

"CONC 7.7.5

01/04/2014

FCA

A firm must not impose charges on customers in default or arrears difficulties unless the charges are no higher than necessary to cover the reasonable costs of the firm."

 

Doesn't that slightly contradict what you said earlier in the thread about not being able to charge anything?

 

I agree that the actual charges in this case seem to be massively excessive and probably easily challenged, but generally speaking if a firm can prove or justify what their reasonable costs are then they wouldn't seem to be in breach of any rules, or am I missing something?

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courts have decided that it is reasonable to charge a fiver for a letter as long as it was necessary to send that letter. Now if they are sending out so called reminders for stuff they have already charged for that is called churning and is against the rules so cant even charge a fiver for that.

bounced dd? costs them about a quid if anything.

Edited by Andyorch
typos

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courts have decided that it is reasonable to charge a fiver for a letter as long as it was necessary to send that letter. Now if they are sending out so called reminders for stuff they have already charged for that is called churning and is against the rules so cant even charge a fiver for that.

bounced dd? costs them about a quid if anything.

 

 

Thanks for the info guys.

 

They wrote to me stating they would add the charges to the direct debit, i wrote back saying that the charges were excessive and i would not be paying them, in this case, they didnt actually need to send me a letter, because i phoned them the next morning after the dd failed, asking for manual

sort code and account. so their money was no more than about 12 hours late.

 

So cancelled the direct debit and told them i would pay it manually each month.

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Update on this.. just received an email.. asking for the £25 again.. but further on , it states..

 

You will continue to incur late payment charges until your arrears have been cleared.

 

so they seem to be implying that they are going to charge me for not paying the £25..

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Update on this.. just received an email.. asking for the £25 again.. but further on , it states..

 

You will continue to incur late payment charges until your arrears have been cleared.

 

so they seem to be implying that they are going to charge me for not paying the £25..

 

 

As i suspected.. they have now added £15 for a letter charge, and now saying my arrears are £40

 

I have written to them saying their charges are excessive,and against fca rules.. etc.

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when another co did this to a friend

he simply cancelled and got ins elsewhere

he got a couple of snotty letters from I think close brothers

but nothing more

turned out is was them that were charging the penalty fees not the ins co as he had chosen pay monthly.

 

 

nothing ever showed on his credit file , don't think they can trash that for car ins funding,


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Its Car finance. as per post one.

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Sorry was thinking it was another thread screen

on a small screen


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So currently i was going to write back to them, and offer £5 as compensation for the 10 hour delay in them getting their money.

 

They are referring to the account, as 'in default' which ofc, it is not. i am siumply not willing to pay them 25 for a bounce dd, and 15 for a letter, that they did not need to write.

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Update for anyone else coming to this thread in the future.

I wrote back to them, stating that their penalties were not inline with the consumer credit act, and they dropped them all.

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well done.

you mean FCA/OFT guidelines not the CCA?


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Doesn't that slightly contradict what you said earlier in the thread about not being able to charge anything?

 

I agree that the actual charges in this case seem to be massively excessive and probably easily challenged, but generally speaking if a firm can prove or justify what their reasonable costs are then they wouldn't seem to be in breach of any rules, or am I missing something?

 

To answer this question as to whether there are entitled to charge anything once they have tried to levy an excessive penalty, the answer is that they can't.

 

If they attempt to levy an excessive penalty then the term of the contract is void. Although the rest of the contract can continue, there is no power – even in the court – to order that the unfair term should be reconstructed in order to become lawful.


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