Jump to content

johnsosu

Registered Users

Change your profile picture
  • Posts

    19
  • Joined

  • Last visited

Reputation

1 Neutral
  1. It's looking more and more like this agreement is enforceable. I have already claimed charges so nowhere to go there and never took out any PPI. Although always offered, I always thought PPI was a bit of a rip off so never took it out.
  2. My personal information is actually on the other side of the form. I've only posted the agreement details for obvious reasons. I understand that the agreement has to contain certain information for it to be enforceable i.e. rate of interest, repayments, credit limit and amount of credit. The only thing I can see is that the credit limit doesn't appear to be there although it says "the Bank will determine and notify you of the Credit Limit from time to time". Does the fact that no actual credit limit is in this agreement make it unenforceable?
  3. I have a Barclaycard defaulted account and have been contacted by debt collectors. I requested a copy of the credit agreement and although it took several months the attached documentation arrived. There were no terms and conditions. I would appreciate comments on the enforceability of this agreement. Barclaycard Agreement.pdf
  4. I'm so confused now. I've read so many websites and forums that I'm not that much wiser. My case with HSBC for just under £2k has been stayed since last August. I now have mortgage arrears of £5k and assume I would qualify to have the stay lifted under hardship? I have downloaded a form N244 but don't know how to answer the questions i.e. do I want a hearing, do I have an draft order or summary application of facts. Should I approach the FOC or apply to the court to have the stay lifted? Under the circumstances, the fastest route is preferable.
  5. I was just about to send a rocket to NCO and FV-1 for failing to respond to my Data Subject Request. But strangely I received copies of my HSBC bank statements from NCO with a compliment slip on it asking me to call to discuss. Obviously sending me copies of my HSBC bank statements is not a response to my Data Subject Request. Can HSBC pass on copies of my bank statements to a third party without my consent?
  6. I'm so pleased for you both - I'm just about in tears as well! I was starting to worry for you this afternoon! I know for me who was in the same situation on Tuesday what a relief it is. Yippy Skippy!!!!
  7. I'm so pleased for you both - I'm just about in tears as well! I was starting to worry for you this afternoon! I know for me who was in the same situation on Tuesday what a relief it is. Yippy Skippy!!!!
  8. I was in court yesterday with GMAC and £12k of mortgage arrears. It's not pleasant. Their solicitor was on the aggressive side and would not budge an inch. However, I was saved by the judge and his knowledge of a new protocol for mortgage lenders due to be adopted in October, but he said was already in use. Basically it says that mortgage lenders have to be more amicable to those with arrears, and do everything possible to avoid litigation. As I had offered several solutions to GMAC that had been flatly refused, the judge saw this as a sign of my good faith and GMAC's lack of interest in solving the situation. I got another two months which is plenty of time for me to refinance. You can read the protocol at: Civil Justice Council - Publications GMAC's solicitor said after the hearing to me "it's not personal". Flippin' nerve of her. My best of luck to you.
  9. I was in court yesterday with GMAC and £12k of mortgage arrears. It's not pleasant. Their solicitor was on the aggressive side and would not budge an inch. However, I was saved by the judge and his knowledge of a new protocol for mortgage lenders due to be adopted in October, but he said was already in use. Basically it says that mortgage lenders have to be more amicable to those with arrears, and do everything possible to avoid litigation. As I had offered several solutions to GMAC that had been flatly refused, the judge saw this as a sign of my good faith and GMAC's lack of interest in solving the situation. I got another two months which is plenty of time for me to refinance. You can read the protocol at: Civil Justice Council - Publications GMAC's solicitor said after the hearing to me "it's not personal". Flippin' nerve of her. My best of luck to you.
  10. Thanks for that. Have just been speaking to my mortgage broker and he says default isn't going to make any difference as I also have arrears (just to really make things even better!). A combination of the credit crunch and arrears are the things that are not doing me any favours. Am looking at rates of 7.89% to 8.34% as a consequence. Can you feel the tears?!
  11. Thanks for all that. Sure I will eventually get the default removed, but I'm having to make my remortgage applications with it still showing. Fingers crossed for me!
  12. I've got weeks, not months. I suspect I'm going to have to take the remortgage with the higher rate as a consequence.
  13. I’m about to renew my mortgage so obtained my credit report from Equifax, Experian and Callcredit. Each report contained an entry for the same debt under three different companies, i.e. HSBC (original), FV-1 and NCO. HSBC originally issued a default notice relating to a current account and associated “flexiloan” account. This occurred as I refused any further payments into my account until my bank charges were refunded (approximately 25% of the total amount claimed owed by HSBC). A year later HSBC sold the debt to NCO and then I believe FV-1. FV-1 took legal action. I then issued a claim against HSBC for bank charges and requested that FV-1 supply the usual default notice, assignment of debt and credit agreement. FV-1 solicitors responded that they were unable to supply this information “at present” and had been instructed to discontinue the claim. My claim with HSBC has been stayed until the outcome of the test case. I have issued a Data Subject Notice to HSBC who have not responded. I have also written to NCO and FV-1 requesting the assignment of debt notice, credit agreement and default notice and if they were unable to provide then to desist in reporting information. Both NCO and FV-1 have failed to respond too. I am not sure what to do next. The thing is, I’m on a bit of a deadline in trying to obtain a new mortgage. I’m a sub-prime mortgage anyway, and with the recent credit crunch I suspect the entries from HSBC, NCO and FV-1 will damage my mortgage application. Should I complain to the Information Commissioner? Would this be effective? Or, should I go the aggressive route and issue court proceedings? Why is life so complicated? Or do I make it this way?!
  14. The microfiche statements are from April 2001 to April 2004.
  15. I have (eventually) received microfiche statements from Barclaycard. However, some of the pages are illegible and have small post-it notes on them saying "best copy available". Is there anything that I can do about this? Is it acceptable?
×
×
  • Create New...