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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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PPI prelim letter


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Hi Jimmyfloyd

 

Have a read through this thread. There is a prelim letter a little way into the thread.

 

http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks for your reply ukaviator.

 

Is this letter ok to use if i applied for my credit card online and the cc company cannot prove that i took out the ppi. I was employed when i took out the cc and mentioned this on the online form. All they say is i ticked a box but in the SAR and screenshots there's no mention that i had taken out PPI.

 

Would appreciate your advice.

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If there is'nt a tick in the box then you should'nt be paying any PPI, unless it was agreed later on, after the account was opened. I would get a prelim letter in the post demanding all of your PPI back plus the interest charged, as you did'nt ask for it. The proof is there on your form.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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It would be up to them to provide documented evidence that you requested PPI, though even if they supply that evidence it in no way proves that the PPI was not Mis Sold

 

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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How do i work out the interest to charge? Should i add up all the PPI payments and then add the interest on? Or

 

Hiya Jimmy,

 

You need to put them on a spreadsheet, date taken, amount taken, and the spreadsheet will automatically work out the amount due from the date it was taken, in interest. You will find the spreadsheets under the bank template letter on the main page of the forum,

 

You can change the interest rate, from the statuatory rate of 8% to their contractual rate they charged you:D

 

Persnally I would go for the contractual rate.

 

If you need a hand shout:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Thanks again hellhasnofury! I'm going to try out the spreadsheet now.

 

Regarding the pre-lim letter, ukaviator said i should use the standard prelim letter from the PPI notes thread. As my PPI policy was mis-sold, i.e. i didn't agree to it and they haven't provided any proof to say i did, should i mention these details in the pre-lim letter or just send the letter as it is?

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Thanks again hellhasnofury! I'm going to try out the spreadsheet now.

 

Regarding the pre-lim letter, ukaviator said i should use the standard prelim letter from the PPI notes thread. As my PPI policy was mis-sold, i.e. i didn't agree to it and they haven't provided any proof to say i did, should i mention these details in the pre-lim letter or just send the letter as it is?

 

Hiya Jimmy,

 

It is entirely up to you which prelim letter you use and you can add whatever you wish to.

 

I found the template letter by reidnet excellent, but used my own because I found it useful to add all my arguements:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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reason i was asking was becuase i thought the credit card company might not take my letter seriously if it's too short, what do you think?

 

Hello Jimmy,

 

Sometimes you have to go by your gut feeling, the template letter isexcellent, it's short and to the point, either send it or maybe amend it and add some points that you want to add:D Its your letter at the end of the day.

 

I know how you are feeling, do I, don't I,:eek: should I, shouldn't I. :eek: At the end of the day, you will know what to do. The letter you send will open up the neogiation table for discussion, arguement with the company:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Jimmy,

The template letters I posted are simple letters which you can add any further information to before sending.

 

If there are issues in your claim that are not mentioned in the template letter, you can simply add these in.

 

Good Luck, and if you need help just shout..

 

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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