Can I reclaim charges to reduce settlement?

[ghettomessiah]

Hmm If the 2004 regs actually came into effect in 2004 then this would be covered in them, i would hope they are, but i wouldnt know... what do they even mean??

 

Is the total charge for credit the total amount of interest they expect to earn over the entire period of the loan? If so, then no, it isnt stated on the agreement. or anywhere for that matter.

 

I know if i had actually worked out how much it would be before i signed i would have saved up instead!!

 

they do say that they reserve the right to alter the interest rate as they see fit, maybe this is their excuse?? it wouldnt stop them from a prediction though:?

[tomterm8]

Erm, there are TWO dates in the signature box of the creditor. Under one date, the 2004 regs MIGHT apply, under the other it doesn't... Erm, what date did you sign it yourself?

[ghettomessiah]

oooohhhh:eek:

 

ok my rusty eye can read 29/05/05 and 05/06/05

 

as both dates are weekend days, tbh i have no idea on when exactly. in the claim it states the agreement was made on 05/06/05, but im not sure.

 

there also seems to be 2 signatures on there:confused:

[tomterm8]

Are there any signs around your name that suggest scanning & copying? i.e. is there a odd grey border, or etc?

 

There are actually three dates in the agreement, one hass been crossed out. Also, one of the signatures seems to have been crossed out for some reason.

 

Do you have access to your bank statements for the period? Can you work out what you paid to them over the course of the agreement? And work out if their claim is accurate?

 

Are you on benefits?

 

In practice such discrepancies are basically technicalities, and i would suggest writing a letter to the soliciter, pointing these out, and offering a settlement based on the deduction of PPI and charges from the loan,

[ghettomessiah]

The document is copied/printed in low quality mono, ie no greyscale; any faint border is rendered invisible by this method of reproduction. there are vertical white pinlines down the document too:-|

 

I'm not on any benefits atm, though i do need to investigate this as i've been advised i'm eligible:-?.

 

i discounted the crossed out date, as it is 29/05/05 like one of the unerased dates=) i deduct the sales assistant wrote the date in the wrong place on the first go.

 

the signature doesnt appear to be crossed out, but a part of the signature.

 

checking my statements now..

[ghettomessiah]

well the payment list corresponds with my old bank statements,

i've paid off £820.50, however i have no income to even make a settlement with for the time being!

[tomterm8]

Hm, you can ckec out what benefits you are entitled to on entitledto

 

If you are entitled to any benefits, you should claim them right away, since if you are recieving income related benefits or disability benefits, or have clamed them and have no income as you say, the court can't order more than nominal repayments.

 

Oh yeah... do you own your own property?

[ghettomessiah]

According to that guide i'm entitled to jsa immediately, i was pointed also in the direction of carer's allowance and the possibility of something due to my back putting me out of work:)

 

however... i cant really decide if my gran is dependant or not as she needs care but not money, the household (her) savings in my estimate are in excess of £6,000 and she receives a pension.. the site states these all have an impact on my claim, probably to reduce it if anything.. I'll head down to the jobcentre tomorrow morning and see what i can get:)

 

Thanks again guys

[PriorityOne]

From the look of it, the Agreement seems to be ok.... Your best bet would be to play on the lack of a Default Notice. Even if a DN was received, it would have included an amount for penalty charges, which would invalidate it because these are unlawful.

 

On the point of Benefits.... you should be able to claim Carer's Allowance if the person you are caring for (35 hrs) receives the middle/higher rate of Disability Living Allowance or Attendance Allowance. DLA and/or AA are not means tested, so your Gran should claim one of them... depending on her age.... if she has not already done so.

 

If she is already claiming them.... then you need to put in an application for Carer's straight away and go onto Income Support, where you will receive premiums added to your Benefits for being a carer.... and you will not be hassled into finding a job.

 

[tomterm8]

Robdblynd vbmenu_register("postmenu_", true); sent me this:

 

Originally Posted by tomterm8

http://www.consumeractiongroup.c o....tml#post988781 post #46

Had a look and if I use the advice from Financial Agreement Solutions who analysed one agreement for me, then:-

Total Interest is missing (contra to Reg 6(1)), Total Charge for Credit is missing (contra Reg 2(4)(d)),

Total Payments is missing (contra Reg 6(1)),

Total Amount Payable is missing (contra Reg 2(4)©)

 

Which I guess applies if the date they say the agreement was made on is correct. I think this just makes the agreement improperly executed, but enforceable under court order, but I'm not sure.

 

i might suggest contacting your local trading standards and asking if the agreement is unenforceable.

[diskmandave]

Agreement looks ok to me too...

[Robdblynd]

You can actually do an online check for free with FAS, just google them, input the data and they'll give you a decision. You won't get the full analysis which details the sections of the CCA 74 which apply but at least you'll get an "enforceable" "unenforceable" decision without waiting on TS.

[ghettomessiah]

Today is indeed a sunny day:D just got off the phone to the jobcentre, i've applied (and got i think) JSA, the forms will be in the post and i need to goto an interview with someone there next week to check the claim over etc.

 

she pointed me in the direction of Pension Credit to speak about my grans circumstances/claim for DLA/AA

 

The machine from FAS say:

 

YOUR CREDIT AGREEMENT MAY BE UNENFORCEABLE

(The Court is precluded from making an enforceability order)

 

i guess it would be for the reasons listed by robdblynd/tomterm but they wont say without all important money!!

 

Shall i show the agreement to trading standards or would the CAB be a better bet?

 

Oh i almost forgot.. claiming benefits also means i can take hsbc in for their charges for free!!!

 

Thanks again peoples:)

[tomterm8]

Today is indeed a sunny day:D just got off the phone to the jobcentre, i've applied (and got i think) JSA, the forms will be in the post and i need to goto an interview with someone there next week to check the claim over etc.

 

she pointed me in the direction of Pension Credit to speak about my grans circumstances/claim for DLA/AA

 

The machine from FAS say:

 

YOUR CREDIT AGREEMENT MAY BE UNENFORCEABLE

(The Court is precluded from making an enforceability order)

 

i guess it would be for the reasons listed by robdblynd/tomterm but they wont say without all important money!!

 

Shall i show the agreement to trading standards or would the CAB be a better bet?

 

Oh i almost forgot.. claiming benefits also means i can take hsbc in for their charges for free!!!

 

Thanks again peoples:)

 

Yep... and i think your counter claim will be free too:)

 

personally, I would send it to Trading standards... it gives you another thing to wack them over the head with. Also, the fact trading standards are getting involved makes them have to think harder about the case.

[ghettomessiah]

ok i emailed trading standards today:

 

18/07/2007

Dear Sir/Madam

I am writing to you asking for help with my credit agreement. It is currently the subject of court proceedings, and doubt has arisen over its enforcability, and i have been advised to ask you for more information. although the agreement is signed twice and dated twice, the lawyer for the claimant states it is dated 05/06/2005, whici as i understand is governed by different regulations than if it was enforced as agreed on the 29/05/05. on this basis there appears to be some required information missing.

Could you please inform me of this agreements enforcability as well as its errors (if any) as it is critical to the current proceedings.

Yours sincerely,

Mr A. Regan

 

 

County court has sent me a counter claim form to be returned by the 30th:???:, and yesterday, sechiari clark and mitchell wrote to me. here is what they said(condensed slightly):

 

We refer to the above matter and to your defence filed. We attach notice of change of address filed at court.

 

Our colleagues at cradiff responed to your request for further info and letter dated 22nd june on the 6th july 2007, now you should have all the information nescessary to amed your defence.

 

Please confirm wether you intend to amend it in which event wwe will confirm our consent subject to size of a draft.

 

If amending you will no doubt take account of the fact that no actual default charges were debited to your account, as is evidenced by the statement of account, or have been claimed in these proceedings.

 

Unfortunately due to a computer error when the proceedings were issued the sum claimed, £609.39 included the summons fee of £80 which is of course incorrect until conclusion of the action and the assumption that the claimant is succesful.

 

Therefore immediate credit within the proceedings is given for the sum of £80 and the amount claimed is reduced to £529.39. We apologise for this error and for any inconvenience caused.

 

The default notice dated 22nd march 2007 is correct in that it shows tha balance due at that time, 28th february 2007 and seperately sets out a default charge which would be contractually payable. However as a concession, in view of the sums claimed our client chose not to seek payment within these proceedings.

 

We look forward to receiving clarification of your intentions and if there is any information or documentation that has still not been supplied to you please identify it and we will ensure that this is dealt with urgently.

 

ok so what is the deal with that counter claim form? what should i do with it? also that letter is a little confusing, as it talks of the default fines and not the charges for cirect debit setup and cancelling. I suspect one lawyer couldnt handle the pressure and so has passed the case on.

[tomterm8]

Hi, ghettomesh, did you get your benefits? (And which ones?)

 

Did you go for the claim on the insurance?

[tomterm8]

Oh, yeah, do you have a copy of the terms & conditions of the insurance? Can you post the up?

[ghettomessiah]

hi tom, sorry for the disappearance, i needed a break as i was close to meltdown and the house hadnt had all the attention it needed=( I'm on JSA now, also got forms for DLA and AA, me and my gf are going to have a look at them this weekend as shes done them before with her mum.

 

I havent had time to seek medical attention about my back and shoulder yet, i still dont know how to face my doctor now that i know what he said was incorrect, i need to build up the courage i guess..

 

I'll scan the insurance docs tomorrow=) though i know as much as i cant claim in retrospect as it requires that i be seeing a physician on a regular basis for treatment..

 

thanks again:)

[ghettomessiah]

Got an auto reply from trading standards telling me they dont help consumers anymore:( and that i sould email consumerdirect.gov, and gives me a link. rather than giving me an email address theres a form to fill out, and i cant attatch the credit agreement. fan-dabby-dozy:mad:

[ghettomessiah]

I have also been sent a copy of the allocation questionnaire, and in section G other information they state that the subtotal is £592.39 when it is supposed to be £529.39, as written in their letter two days previous!

 

Who can i send this credit agreement to now? and whats the deal with sechiari clark and mitchell not filling in the allocation questionnaire correctly?

[ghettomessiah]

Heres the PPP details (no thanks to lexmark)

 

Putfile - Uploaded Picture

 

Putfile - Uploaded Picture

 

Just checked them, and i cant read them=( is there a better image hosting site or could u pm me your email addy so i can send you a legible copy?

[PriorityOne]

I'm on JSA now, also got forms for DLA and AA, me and my gf are going to have a look at them this weekend as shes done them before with her mum.

 

When you get around to filling in these forms, remember that they are assessed on the amount of HELP a person needs.... and not how ill they are. So all of your answers need to stress the amount of HELP that you (if it's for yourself) or another person need to get around/care for themselves, etc.

 

It's also a good idea to photocopy your form before it's sent off.... so you know what you wrote.

 

[tomterm8]

Have you tried imageshack?

[ghettomessiah]

great tip, thanks:)

 

atlast some prgoress!! i have a friend in sweden who hosted my pics for free!!

 

http://goto.glocalnet.net/maximilian/CA1.jpg

 

http://goto.glocalnet.net/maximilian/CA2.jpg

 

http://goto.glocalnet.net/maximilian/CA3.jpg

 

http://goto.glocalnet.net/maximilian/CA4.jpg

[tomterm8]

Heh, from too small to too big:) .. as a hint, there's an option in image shack to display thumbnails:)

 

Looking at the insurance documents, the catch is that when the credit agreement terminates, so does your insurance.

 

I would, therefore, include the insurance in your counter claim.

 

Assuming you haven't been to work during the entire period, the insurance is written in such a way as you should be elegible for the benefits for the duration of your unemployment:)