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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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Ok so i now have had my statements and sent them the letter asking for my money back and i got a letter saying " sorry you are unhappy iwth the charges we have 8 weeks to investigate and respond so say the financial services authority" My 14 day wills be up on Monday so do i move on to the next letter or do i have to wait for them to investigate ????? Any advice please :???:

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Hi Barneybear71

 

Good luck with the Halifax.

 

Stick to your timescales and you WILL get your money back.

 

Have a read of my thread to see how I got on with the Halifax :D :D

 

Only problem with me now is I've had another two charges :mad: and I don't want to risk them closing my account, so don't want to claim again. Halifax don't seem to close accounts after one claim.

 

Best wishes.

 

jaxads xx

  • Haha 1

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Hi barneybear.

 

Like the others have said. At the end of YOUR 14 days just send the next letter (lba).

 

They are just stalling. Ignore it.

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F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

I am nearly at the end of the tunnel now but just wanted to check that i am doing the right thing.. I have got a letter from my bank offering a full and final settlement which is about £243.01 short. What letter do i send them now and do i wait untill the 14days are up even tho they have replied.Or just send the next letter on Monday. Its so nerve racking turning money down . Any advice would be gratefully received thanks

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Hi Barneybear - I really would suggest you have a good read around the site, and look at all the template letters, the FAQ's and the step-by-step guide. All your questions are answered in these sections. If you do this, you will understand the process, it will save you posting and waiting for an answer. This is what you now need. Rejecting Offers

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No refuse it unless you are really desperate for the money straight away. You can reply with a short letter saying thank you but you will only settle for the full amount as previously stated, and if not received within 14 days from the recript of the LBA then you will be claiming in court. There is no need to send a letter though, you could phone them or just wait for the 14 days to expire then file.

  • Haha 1

  1. 09/08/2006 - Halifax Account 1 settled in full! £2597.50 :D
  2. 05/10/2006 - Halifax Account 2 settled in full after Prelim ;)
  3. 07/02/2007 - Halifax Accts 1 & 2 further charges - won by default, settled in full
  4. 12/02/2007 - Halifax Account 1 - further charges whilst 3. court claim progressing. Settled in full.
  5. 13/11/2009 - Halifax Account 1 - action begins to fight new overdraft charges

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sorry gemmabe, I'm going to have to disagree - a phone call at such a crucial time in the negotiation process is definitely NOT the way to go. If this goes as far as court there MUST be a paper trail.That is why there are template letters on the site to deal with partial acceptance.

How can you ever prove what was said in a phone call? Plus the court must see you have taken all reasonable steps to negotiate correctly.

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Thanks for your reply i have read the info on this site but there is so much to take in and when you have the memory span of a goldfish it is'nt that easy to remember everything i will send the rejecting offer . Only qusetion that was'nt answered is do i wait for the 14 days to be up from sending the lba or do i send this letter out straight away ? :o

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i think so the letter is worded i will accept the sum offered only as part settlement and on the clear understanding that i will pursue recovery of the remainder with a county court if necessary is that the right one they would pay the money into my account if i signed the letter accepting the full and final payment offer .

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yes, that's the right one - and I think you have EVERY chance of getting the whole amount as what they have already offered is very close to what you are claiming. Hardly think it likely they would go to court over less than £250 squids. Fingers crossed for you! Keep posting (and you are not asking too many questions, you are doing everything you should do by the sound of it, and just coming back here to confirm you're doing it right, which is what this site is all about:) )

 

Oh - & if it was you who clicked my scales - thankyou!

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