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nuttybutty

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Everything posted by nuttybutty

  1. To be honest I really can't remember what the landlord at the time (he's since handed properties to his daughter) gave me. I moved here in August 1991.
  2. Also, the back of the 2008 document states that I can only give a month's notice on rent due date (so 1 December). The landlady, though, told me yesterday that she doesn't know why I don't hand in notice now. Could this be that she's panicking because from mid-December to early January she jets off abroad, so she knows there's no opportunity of finding a new tenant until the New Year and won't receive any rent for that period, hence why she also wants a month's rent? Also, she doesn't know what I could do to the house if my notice runs out while she's away.
  3. Struggling to find any S20-related documentation - although I could've packed it away in preparation for moving. The only relevant paperwork I could find is dated more recently - 2008 - and is titled Assured shorthold tenancy agreement. This paragraph on the back of the document is one more reason why the situation is confusing... This agreement is an assured shorthold tenancy (as defined is section 19A blah, blah, blah). The landlady giving a section 21 notice must give at least two months' notice, in writing. One reason why I'm still confused is why have I been given two months notice to 30 November if it's not a notice to quit? Is it any wonder a thickhead like me can't understand any of this legal mumbo jumbo?
  4. So I've been put through the wringer, been given mis-information (by people who should know) and now basically been 'threatened' by being told she'll find me "wherever I go". If she had included a covering letter and the required document that I was supposed to sign, the last two months of stress could have been avoided. I've read post after post on different forums and none said it isn't a notice to quit. So when you get something like this through the door it's no wonder I'm confused. It's strange, though, that if I leave before 30 November I don't have to give a month's notice or pay month's rent. So that contradicts what the high and mighty landlady is saying. Would've thought she would have been more respectful after having rented her property for so long and being told previously I 'was a great tenant'. Now she's turning nasty.
  5. Hi guys, I urgently need some help/advice if at all possible. It's going to turn out to be a long-winded post, so bear with me. Basically, I've been in a rented house for the last 23 years, but in early September received a Section 21 (4) (A) - Notice requiring possession of a dwelling-house let under an assured shorthold tenancy ... so a notice to quit. The document states that the landlady gives notice that they require possession by 30 November. I started looking for another property and am awaiting confirmation on this matter. At the end of October I decided (rightly or wrongly) that I wouldn't pay the full rent for the coming month as I didn't know if I'd still be in this house by 30 November. Instead I paid two weeks up front, and would pay the remainder week-by-week. The rest of the rent has now been paid up to the end of November. Got a call from the landlady's office asking why the rent hadn't been paid. Told them I wasn't paying up front and they asked why I was leaving. Told them they should know considering they delivered the S21 and they denied it was a notice to quit. During this conversation I was told that I had signed and returned a bond document which was impossible as no such document was received. I have spoken to the housing department at the council and the CAB, who both confirm it is a notice to quit. Despite this, the landlady is ADAMANT it is not and is a legal requirement that every tenant receives this document. She also said that neither the CAB nor council know what they're talking about. She is also insistent that I give a month's notice in writing and pay a month's rent, although the CAB say that as she has served notice on me it is not necessary to give her a month's notice or pay a month's rent, if I move before 30 November. Furthermore, the CAB say if I move after the 30th I should only pay for the time I remain - either weekly or fortnightly and that I don't have to give notice, because she has already served notice on me. The landlady is saying that if I don't give a month's notice or pay a month's rent she can take me to court, make me bankrupt and can also find me wherever I go.
  6. I need some very urgent advice. After getting into financial difficulty I wasn't able to pay a loan. But Sadly I buried my head in the sand and ignored letters. Stupid I know but I panicked. Then while I was in hospital last week I received a letter via the local court giving me until tomorrow to pay off the outstanding debt (£2,500). I've only just had the chance to read it and digest what was said. I realise I am so short of time and there is no way I can pay in full straight away, so is there anything I can do? If I make an offer per month will that suffice?
  7. Unfortunately not. I know there's a scanner at work but for obvious reasons I can't use that. The problem is not so much to do with the original CCA but because of the way the situation has evolved it's surely the updated CCA (or lack of one) that is important here? It's over a year since I last posted in this thread so I thought I'd give an update. In June last year I wrote to the Financial Ombudsman with details of my complaint against Halifax/Intelligent Finance. Since then I've had several letters from the FO confirming they are still looking into the matter and apologising for the continuing delay. They then wrote to me in February saying they were still waiting to hear from the Halifax and would be in touch as soon as possible. This morning I received another letter from FO to say they would soon be able to allocate my complaint to an adjudicator (certainly by June 11). It's slightly strange that I've already had three letters signed by an adjudicator. So does anybody have any idea what exactly happens from hereon in? And I'm guessing that because an adjudicator is involved the FO believe Halifax have a case to answer? I would be very grateful if somebody could offer any further advice. It's a little while since I've been on here but still have my claim against IF ongoing. I've had different adjudicators from the Financial Ombudsman looking into the case over the past few months. One recently got in touch with IF asking for compensation because of the "stress and inconvenience" they'd caused me. They gave them a two week period to get in touch, but with no response forthcoming they then gave them a further two weeks. During that time, though, the adjudicator moved departments so another one was given the case. As of last week (which was the cut-off point for the compensation request) they still hadn't heard anything. But I received an email yesterday from the adjudicator asking for a little more information from me because they understood that the debt had been sold to a third party. They wanted to know if I'd set up any agreements with the new lender and what the outstanding balance was. I informed them that I'd never been told by IF that the debt had been sold, although I had received letters from various organistions who I felt were departments associated to IF. I did tell them though that all correspondence related to these organisations were included in the evidence I sent the Ombudsman. Within minutes after sending that email to the Ombudsman they replied to me saying that IF had been back in touch and they'd said that the debt hadn't been sold on and that it was "merely written-off". The adjudicator was looking to clarify this with IF, but it begs the question why had IF not informed either me or the Ombudsman that this was the case? If it is confirmed that the debt is written-off then is that the end of the case? And where do I stand in reclaiming any amounts on the original loan? bump PLEASE, I really need some urgent advice. I'll only be able to keep this one short as I'm off to work in a bit, but can post further details later on if required. I've received the findings from the Financial Ombudsman this morning and basically he's found in favour of Intelligent Finance. In his letter he stated that: "you hold a debt that needs to be repaid. I do, however, feel your complaint could have been handled more efficiently, expeditiously and with greater attention to detail". He said according to a letter from IF: "the only agreement that was cancelled was a previous consolidation loan". He went on to say: "I have discussed all the issues with IF and confirm the outstanding debt amounting to £xxxxxxxxxx was written off on 27 January 2009". I had also been told by the Financial Ombudsman previously that although it seemed the debt was sold to a third party, two weeks ago IF then got in touch to say it hadn't been sold on and as you can see above was written off on January 27. So why did companies such as Wescot chase me for this? As the FO seems to have found in favour of IF does it mean they'll now be able to start chasing me for the balance again? Why, even though the loan has been in dispute for a long period and under the attention of the FO, did IF write it off? And it's interesting that I've been offered £200 by IF for "the issues and delays in respect of responding to your complaint". Please, can somebody give me some further advice and tell me where I stand now? I should add that I feel the FO has given IF more than the allotted time to respond to previous correspondence during this claim. Originally a previous advisor said they were giving them a couple of weeks and as there was no response they were given a further two weeks. At the end of this period a different advisor took over the case and had still heard nothing and during one afternoon where I was in email conversation with this advisor they'd asked me for more clarification of correspondence between myself and IF. Then all of a sudden he said he'd received an email from IF in which they stated the debt had been written off. So it seems they've been allowed to push the boundaries to suit their requirements. And it seems it not only did IF my letters they also ignored communication from the FO as well. Regards Please somebody I need some/any advice to my above post. I'm very worried and frightened over the matter so would appreciate anybody's input. It seems I'm close to a conclusion on this long running saga. I received a final decision from the Financial Ombudsman this morning although I was wondering if someone could clarify a couple of points. In part of his decision he states that: "Intelligent Finance agreed to abide by his findings and said it would not pursue the debt in future or sell to a third party". However, in his final conclusion upholding my complaint he said he orders IF to reduce the outstanding loan debt by £1,000 and to contact me to "say whether it intends to pursue the remaining debt and, if so, to negotiate and agree a repayment programme for the remaining balance". So a little confused on that one???
  8. Hi guys, I really need some more urgent advice on this matter. A few weeks ago iQor sent me a letter saying they were no longer handling this case and I can only surmise it was because they found they didn't have a copy of the updated CCA so knew they didn't have a leg to stand on. As for Wescot I haven't heard a thing from them in almost two months and that's after me sending them a letter with a copy of previous correspondence from the St Andrew's Group. Last week I sent a letter to Intelligent Finance because I am just so annoyed that this debacle is continuing. In it I told them that the account had been passed on from one company to another and that I was originally paying on a loan with no CCA, that all these companies have continually broken the law, that I wanted the default removed and that I thought it was only courtesy if they refunded that money. This morning I received a letter from IF's Chester branch which, although I first thought was a response to my last letter, it seems in fact that Wescot had passed my complaint back to IF as their letter was written before they could possibly have received my last letter. They continually apologised for every mistake and lack of communication but then said that the debt is enforceable and also sent a copy of the original CCA (this despite me asking for the updated agreement). They also said they'd informed Wescot to put the debt on hold for 30 days. So where do I go from here? Do I wait for them to reply to my recent letter and am I still in a strong position? And are they just trying to bully me into paying this off despite the fact all the companies involved have continually broken the law? bump Anybody?
  9. Just another update on this continuing saga... Over the past couple of weeks I've been receiving calls on both my mobile and landline from two Preston based numbers and a withheld number. They can occur anytime between 8 in the morning and 9 at night. The ones left on my mobile have an attached text based voicemail and never say who they are. I have done a Google search and both numbers come up as iQor. Then on Thursday I received a letter from WesScot saying that they are working on behalf of their client and demanded that I contact them in regard of the outstanding balance. This is the first time I had any contact from this particular company. Then yesterday morning I received a letter from iQor which was very similar to a previous letter they'd sent a few months ago. Strangely, though, certain words and figures were blanked out. Now this is particularly annoying as I'd received a letter from them in December saying that my account was being placed on hold until their client responded with details of the CCA. So, did they send me a letter with certain informatuion blanked out in the vain hope that I would contact them and fall into some sort of trap?
  10. Cheers CB...have you ever thought of becoming Prime Minister then the problems in this country would be righted within a day!!
  11. Cheers guys, I just hope it'll finally get the whole lot of them off my back. Really appreciate all your help. Can I scream now??? I sent a letter to iQor (see post 36) outlining my position on this matter. It was sent recorded delivery and still hasn't been signed for, I hasten to add, or at least according to the Royal Mail Track and Trace page. However, this morning, I received another letter from iQor actually confirming receipt of the above letter, but totally ignoring every single point raised in my letter, except to say that their records show that a copy of the CCA was sent on 05/11 (which I received on 07/11). This is, however, a copy of the original CCA and not the replacement one which I requested. They go on to say that they trust I now acknowledge this debt, but will put the account on hold for two weeks to allow time for me to get in touch with them to arrange my repayment proposal. I'm certainly not going to acknowledge the debt in these circumstances so should I write to them again to ask for a full response to my previous letter, as well as a copy of the updated agreement?
  12. So from what you can both summise from my posts I'm in a strong position this time? I suppose the account isn't settled as they were apparently setting up a new repayment scheme for me but if the St Andrew's Group say it's settled then I'd like iQor, IF and whoever to agree to that as well!!
  13. Other than being told on the phone that somebody would contact me to set up a new agreement (sadly I couldn't record this conversation), I received a letter from the St Andrew's Group saying that: "During a recent review of our record we have identified that when you settled your Intelligent Finance personal loan and cancelled your payment protection insurance policy, an error was made when calculating the refund of your insurance premium." I've also included this text from one of my earlier posts to outline the situation a little better... I took out a loan with IF over two years ago, making the required repayments through direct debit. Since then, though, I started to face financial difficulty and contacted IF about the possibility of reducing my payments by stopping the monthly insurance premium. They said they couldn't do that but suggested rescheduling my loan would be a good option, to which I agreed. They then cancelled my original agreement, along with the direct debit (although they later insisted that I was the one who'd cancelled. My bank confirmed that it was actually them who'd cancelled - IF later admitting they had stopped the direct debits). IF then started the process of setting up the new loan agreement. After a little bit of thought I decided this wasn't actually the option I needed so phoned them back and came to an agreement to pay £250 per month for the next three months, after which time another department would contact me and we'd set up a more permanent repayment scheme. Three months came and went and as I'd heard nothing I wrote a letter asking for clarification of where I stood, whether it was possible to carry on paying £250 per month, how much I owed and could I have a written agreement. I heard nothing for two weeks so I sent another letter asking for a response. Still nothing so I managed to track down a number and phoned them. They said they'd be back in touch...but you've guessed it NOTHING.
  14. I just need to be doubly sure to make sure I don't make any mistakes...even though iQor have sent me the original CCA, they don't have a case against me because IF ignored my request in the first place with the S.A.R?
  15. I really appreciate your's and everybody elses help and advice. I'm obviously going to write to iQor at the same time to mention that the account is still in dispute and I suppose my case is strengthened because they shouldn't have been sold the debt. Just one more thing, would the debt be completely wiped if the case was found in my favour?
  16. Thank you for your response. If it did get to the stage of taking them to court and they can't produce the S.A.R what's the likely outcome and how would it affect me? Also is it a S.A.R for the original agreement or should it be the updated agreement if indeed it turns out it has definitely been cancelled? And by the fact IF never got in touch after my earlier request and apparently sold the debt to Capital Bank/iQor does that look more than likely that they couldn't produce the required paperwork?
  17. I've got to be honest and it seems enforceable due to the fact it was signed by both me and the lender back in 2004, and seems to be correct as far as I can see. The problem is whether this is the copy required by law or an updated one?
  18. Fair enough, although the fact IF/HBOS and Capital Bank have seemingly both overlooked the matter and have failed to respond within the 42 day period is questionable. Just one more thing, because I'm requesting the updated agreement rather than the original where do I stand in law? If they produce the original (you may need to read through previous posts to understand my position better) then is that my claim scuppered or do they have to produce the updated version? Bump Please, I really do need some URGENT advice on this matter. I've finally received a CCA (presumably from iQor, although it was in an unmarked envelope), but it is the original copy and not the replacement which I requested. Now, which copy is required by law? I was led to believe it was the updated version, particularly as my original agreement was cancelled (see original posts for details). Also, this CCA arrived after 44 days, so two days outside the legal period - so where do I and/or iQor stand, particularly after I've continued to be pestered by this company, even though they weren't allowed to contact me until the CCA was supplied?
  19. Many thanks for your prompt response. The fact that I have not heard a thing from the original creditor (IF Finance) for months does this effectively prove they don't have the credit agreement I was requesting?
  20. Hi, sorry haven't been on for a few days. Yes they've reinstated a zero balance which means my account is now officially closed. Had a response from a member of staff saying she'd pass it on so it could be looked into, then almost instantly one of the managers sent me an email saying it had been sorted, although the £60 wasn't a charge for writing letters, it was for going overdrawn. Quite happy to leave it at that.
  21. Cheers for that. I've sent them a secure message first outlining my view on the situation and also added that if I don't receive a satisfactory response I will be taking the matter further, so I'll see where I get with that. If nothing happens I will send the prelim letter as you say.
  22. Actually I've just looked at this again and I paid £554 which was exactly the amount owing so took my balance to zero, but two days after it was paid the interest charge took me to -£8.87, so it's this charge that has made my balance plummet to -£184 since 19th March.
  23. I had an online account with Smile which had an overdraft limit of £400. Unfortunately things got a little out of hand and I went over my limit and obviously Smile wanted their money back. I tried to pay as much per month as possible, but with interest charges it crept upto around £550. Then I managed to get a bit of money together two months ago and paid off all but a measily £8.87. It felt great to have Smile stop calling me endlessly on my landline and mobile. However, over the last week I've started receiving a call per day from this lowlife bunch, and I thought it was just them trying to sell something. But I've just checked online and all of a sudden I owe around £184 - which apparently is made up of £155 daily excess charge, £15 service charge and the rest is interest. For a start why the hell am I being bounced for a daily excess when I paid the best part of £540, I've never had this before even though my account was in dire straits. And what is the service charge, again this has never been applied before. I did notice on a previous statement that a correspondence charge of £60 had been applied, is this because they sent me a first class letter? Aren't postage charges pricey these days?! I am disgusted that they have not sent me a letter explaining this, let alone why these charges have been added. Seems like a pure money making [problem]. Before I fire anything off to Smile I could do with a bit of advice so I know where I stand. If I've got a definite claim Smile won't be able to stand cos they'll have a size ten boot up their a**e!!
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