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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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HSBC/CABOT Help please


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There is an S10-12 letter in the template library you can use to stop people writing to CRA's etc.. just edit it to suit you etc.. http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html it will be here in the A-Z list.

 

Your SAR from Cabots will be interesting you'll see this is where the template letters show up (whwere they write pretending to be other companies) the land registry searches show up here too - from thios they can hazard a guess at whether you'd have equity in your home to cover a quicky loan etc..to pay them. read around some of the Cabot Fan Club threads in here and you'll see what shows up - Tberns stickey will interest you too.

 

Cabot do usually register a default when they purchase these accounts - and then they sit on them and add interest to the balances before they chase the accounts - your experian reports will show who is writing data etc..

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Hi all

 

Elizabeth,

the SAR is on HSBC not cabot. but HSBC have told there wont be much to give the account was so old. by the way we are only talking £100 here defaulted (from a £3k loan converted from charges).

 

a year ago i would have paid it without looking at it, but i am sure i have paid in full (charges or no charges). although cabot have not tried it on with me too much, seeing the way they have treated others on here has pushed me to take them to cleaners on this.

 

Seahorse your totally right. no contract, no default

 

as a separate issue i have a SAR outstanding on equifax, i have specified any inputs around june last year to them, so i will be interested to get a name at cabot.

 

to be honest i have enough on my plate with a claim on Lloyds TSB, where their collections department are threatening court for an unauthorised o/d, but cabot have pi**ed me off.

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  • 3 weeks later...

Hi all

 

update....

 

Cabot - still no CCA. have sent them a letter stating they have not complied with my request, and i believe they placed a default on my credit file in error. have instructed them to remove now, or face court action. no response, so LBA going to them now.

 

HSBC - now received all info they hold on me. transpires i had x3 accounts (did i?!??) x1 personal and x2 loan accounts.

 

one of the the loans was a "managed loan acct".

 

one glaring thing missing from this was any CCA's. nothing from either loan or the current acct.

 

so no contract!!

 

no statements either. so i cannot work out whether this "managed loan acct" was full of charges or not...

 

another interesting thing in this pack was a diary log from the collection company who took the money from me. some of the items in there was crap. phone calls and letters stating i was in arrears despite my bank statements from where the standing order came from showing regular monthly payments. complete fabrication of the truth.

 

can anyone tell me how to respond to this SAR? the lack of transactions really p*ss me off. cant i get this from anywhere?

 

thanks in advance

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  • 2 weeks later...

Hi All

 

quick update on this.

 

still no response from Cabot...

 

whilst doing this, i had sent SAR to equifax to get a feel of what was going on there.

 

received my pack from them today.

 

default has been removed from my credit file.

 

looks like either HSBC or Cabot have removed it as they do not have a CCA...

 

dont think i will hear from these guys again.

 

thanks all for their help in this saga.

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no Seahorse

 

nothing from then at all. not even a kiss my ar*se

 

might be a good idea to check mate.

 

i will be calling them to thank them for removing the default, just to wind them a little...

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So I take it they didn't inform you they were removing the default? Hmmm. Perhaps I'd better check my credit files to make sure I don't make a complete idiot of myself in court. :lol:

 

CRA'S now realise the implication of the deformation act and the "risk" involved

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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  • 1 month later...

This is very encouraging news for me. I'm not that far behind and all the responses I've had from Cabot are the 100% the same.

 

I now know what to do, as I was pondering going for the section 10 just as soon as they had their CCA+30 days. Think I will give it a go.

 

I particularly like

By definition, to have defaulted is to have done so on a contract.

 

No agreement, no contract, no default. Simple?

 

 

Well done.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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