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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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company cant produce agreement, where do i go now?


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I now have a letter from my creditor stating that they do not have my loan agreements and as a result of this they will not be chasing the outstanding amount (£1500). This is all very good, but i was originally after it as i wanted to reclaim ppi & charges (around £3k). I have paid them around £5500 so far for a car with a screen price of £2855. Where should i go from here? Should i write back to them and say thanks for quashing my debt but wheres my £3k? in which case would they be within their rights to take their £1500 off or as they have already quashed it is it now gone and they cant use it against me? OR i have heard that i can claim the full amount back that i have paid them, now i dont dispute this loan, i did have the car, but if i wrote to them and said instead of asking for the full amount back i'll take £3k, where would that get me?

 

exactly how bad is it that they cant producethe agreement? Are they likely to fold at mention of court?

 

Does anyone have any suggestions on this? I'm really quite a beginner at all this and could do with some guidance.

 

Thanks

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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Hi was your PPI part of a multi agreement ie was it part of the document they have lost or was it a sepperate agreement.?

 

If the first the case i wold persue on the grounds that you never agreed to the PPI and without the agrement they could not prove otherwise in this scenario i would be very supprised if they went to court.

As for them retracting there offer i don't think that is likely in that they have no agrement to enforce.

If the agreement for the ppi was sepperate iwould apply for a copy of that using the same method.

 

Peter

 

Petr

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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hi, thanks for your reply. The PPI was on the same agreement as the car finance, so they have no evidence of either.

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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And you have their admission that they don't have an agreement .

very lucky

 

You wouldn't mind choosing me some lottery numers would you.

 

Peter:D

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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:D i'm feeling very lucky today!! and better than that it is Welcome Finance who deserve everything they get for making my life miserable!

 

So what do you say i just claim the ppi, charges, acceptance fee (how can they charge it if it doesn't exist?) interest on PPi, £10 for the SAR ( i heard you can reclaim this if it was their fault you needed it) or shall i go the whole hog and say please can i have my £5500 back?

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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Personally I would settle for getting the rest of my loan written off and my PPI refund.

 

It is possible that you might get a full refund but as has happened before the judje might say no refund but no further enforcement of the debt and that isn't a bad result is it.

 

Best Regards

 

Petr

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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ok i'm writing the letter as we speak, i have iasked for repayment of PPI, Fees etc as stated above. this comes to £3000 in its self. I have stated that as they dont have the agreement they cant prove i ever had the PPI, will ask them to totally remove all details of account frfom credit file, and have stated that i'm being nice as i know i could have asked for £5500. (all wrote slightly more detailed of course!) It will be posted by special delivery today and i will give them 7 days to give me a positive response. Wich me luck & thanks for your help :p

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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Good Luck and let us know how you get on

:)

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • 2 weeks later...

hi,

 

I have recieved absoloutley NO response from them whatsoever.

 

What shall i do? I think i will phone them and ask whats happening and tell them i shall just make a court claim.

 

What can i do about their non response?

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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ok so i rung them and they say response is not in your favour we wont be refunding any money.

 

So looks as if i should start court proceedings.

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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Hi

Yes i would start proceedings now have you reported them to the OFTvia the office of fair trading for the CCA none complianceand also the ICO for the SAR at ICO.gov.uk. They need to know you mean busines. I would start a claim for your PPi on the grounds that there was never any ageement made.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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hi thanks for your reply.

 

i'm looking on Office of Fair Trading - making markets work well for consumers but i cant find where i can report them for non compliance?

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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Hi

 

I rang them on 0845 722 4499

 

Thery will give you a complaint number and transfer you to you local TS or thats what they did with me anyway.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi Carinas,

 

have just read through your thread and think yes indeed you are very lucky.

Though cant understand why you want a copy of the origianl agreement to start to claim back your fee's.

You dont need your agreement for this, it makes absolutly no difference whatsoever, send the SAR and they will have all the proof you need, ie records of every fee they have ever charged you. They cant recover any more of their money from you.

However you can still collect all of your late fee's ect back from them regardless of whether or not they still have the agreement !

Now you may be even luckier, if for some stroke of luck they dont have evidence of all the charges or late fee's then you should be able to just estimate them...so think of a number any number ;-)

 

As far as the original PPI request goes, well ofcourse you didnt tick the box and ask for it. It was put on the agreement without your knowledge wasnt it !

 

Best of luck

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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As far as the original PPI request goes, well ofcourse you didnt tick the box and ask for it. It was put on the agreement without your knowledge wasnt it !

 

Best of luck

 

But please also remember, they tend to fight a lot harder over mis-sold PPI than they have over charges. I would advise that you do your homework before claiming, simply it was on the agreement without my Knowledge may not win your case if it goes to court.

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Hi Progenic/peter/reidnet,

 

I have done a SAR request, and i have copies of ever charge they applied to my account. This, along with the misold PPI and interest they add when selling the PPi is a little over £3k. I have wrote them a letter before action, they have denied that they will pay me any moneys back and said they are waiting for my court papers. I done a CCA request as i wanted to see exactly what the % of interest was that was applieds to the original loan (just out of interest) they cannot supply this and openly admit it.

 

Now i am forced to take them to court, to take the case any further. I am a complete novice at all this and i really dont feel confident enough to go it alone. Like Reidnet says it would be my word against theirs if it went to court and i said it was not on the agreement that i signed.

 

However, it is my understanding that companys failing to produce agreements is very much frowned upon by courts?

 

Can anyone advise me any further as to what i should do? I am half tempted to just fill in a money claim stating missold PPi and charges reclaiming and see what happens

 

Peter - i will ring them today, thankyou very much for that number.

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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Hi,

It is my Understanding (but plz check some of the CCA threads to confirm or try contacting Tamadus (He is good on cca) to confirm) that if they cannot produce the original agreement then the debt cannot be enforced until they produce the agreement.

 

If you had to take them to court, they have no evidence that any properly executed credit agreement is in place and Im almost 100% sure that they would not go to court without having the agreement.

 

As i said earlier try and get hold of Tamadus , he will point you in the right direction with this one.

 

Good Luck..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Hi

My Opinion

Take them to court for the PPI

They cannot prove you requested it as they do not have the orriginal agreement.

I wa s given to understand that they had already writen of the rest of the debt so that is not an issue.I think you are on safe ground because they would hardley have written it off if they still had your orriginal docs to proesnt in court.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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thankyou - i have now reported them to trading standards for non compliance.

 

Peter - you are right they have stated they will not be chasing me for the outstanding amount of £1400. However i wish to claim the charges as well as the misold PPI if possible.

 

Reidnet, i have PM'd Tamarus, hopefully if he doesn't mind he will be over for a read soon.

 

Are we really thinking that as they dont have the agreement they wont want to go to court (despite looking as if they really want to) . I am thinking just issue a moneyclaim for ppi and charges.

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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Sorry I took so long to get back to you Carinas but I was away overnight.

 

Now who is putting around a nasty rumour that I am an expert on the CCA ? Like most of us I am just going along wiht what I read and the CCA isnt really that difficult to understand in most parts.

 

I am assuming you made a reuest under sec 78(1) for a copy of the crecit agreement (it will be for fixed credit).

 

They have failed to supply it and have now admitted they don't have it.

 

Oh lucky you :D

 

Right the serious bit now.:eek:

 

First and foremost get this clearly understood, no agreement does not mean no debt, but it does mean they cannot legaly enforce it. They can obviously prove a debt exists, by using payment transactions etc. so You obviously owe them the original amount borrowed as capital.

 

No court will enforce an agreement if they cannot produce it. If it cannot be enforced that basically means they cannot charge interest, or add on any extra charges to the capital (ie: late payment fees etc.)

 

Likewise as the proof of the PPI is in the now non existant credit agreement they cannot charge any interest on it or even apply it to the amount borrowed.

 

To my mind they are not going to be able to prove very much in a court.

 

I think you said you have sent an SAR to them, has that been returned yet ? If it has then go through it with a fine toothcomb and total any and all charges + Interest+ PPI and make that the basis for a claim.

 

You are going to have to send an LBA just so the court can see you have given them plenty of time, so I'd give them 14 days then issue an N1 on them and see what they do.

 

Glad to see you already reported them to Trading Standards thats always worth doing just to show you mean business.

 

Keep me updated please Carinas.

  • Haha 2

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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hello & thanks for your response,

 

I have had the SAR reply in december, so they had their letter before action on January 19th. No reply from them as yet, so i guess its off to court! oh joy! Hope you lot are behind me because i've never done ANYTHING like this before!

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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hello & thanks for your response,

 

I have had the S.A.R - (Subject Access Request) reply in december, so they had their letter before action on January 19th. No reply from them as yet, so i guess its off to court! oh joy! Hope you lot are behind me because i've never done ANYTHING like this before!

 

I'm not planning on going anywhere untill I have finished with Barclaycard, LTSB , GE Money and their pet watchdogs oh and Abbey :) so I will be around to hold your hand if you need it. ( I hope your female, I'd never live it down holding hands with a man lol)

 

Seriously Carinas court is not that difficult once you get used to how it works. Think of it like this.

 

1. You make a claim

2. They acknowledge it and defend it

3. You kick their defence into touch and win.

 

Much like a dance really :D

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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:D Tamadus! your very lucky i am female and so i shall allow you to hold my hand! ha ha!

 

I think i have my claim ready to be filed so i shall go through the details one last time tomorrow and then file it. I cant wait to hear their defence!

 

Thanks for your help everyone i shall keep you all updated. :cool:

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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:D Tamadus! your very lucky i am female and so i shall allow you to hold my hand! ha ha!

 

I think i have my claim ready to be filed so i shall go through the details one last time tomorrow and then file it. I cant wait to hear their defence!

 

Thanks for your help everyone i shall keep you all updated. :cool:

 

 

 

if you weant to PM the POC to me Carinas I'll take a look at it before you submit it.

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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Hey Tamadus you Pulled...lol

 

It was me that mentioned your name.. Think thats a beer you owe me..lol ;)

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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