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colin1096

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  1. I wondered if anyone can help. I was left a property by my dad and as the market was low decided to rent it out . The first months rent covered bits of work done on the house, finders fee and safety checks etc . Then more work needed doing 2 carpets kitchen units and header tank so i gave the estate agents the go ahead to carry the work out via their contractor . I was going to rent the property for 6 months whilst the value went up so the rent wasnt important to me the contractor would be paid from that. Two weeks ago after a fuse had blown the estate agents stated it needed a full rewire and this would cost me £2000 - £3000. i do not have any money to throw at the house so the tenants have moved out . The estate agents have sent me a bill for £1000 for the work that has been done and i cant pay . I will pay when the house is sold and am going to ask them to sell it for me . They said they need the cheque now. Just wondered if anyone can give advice. Thanks in advance
  2. thank you for your response . after them cleaning it yesterday it is all back now , they said the pipe will not be fixed till friday
  3. My mums house has had a leakage of sewage in her cellar. united utilities have admitted liability and have offered £200 in compensation. They have cleared the cellar and disinfected the area. they have admitted it has been caused by a blocked sewage pipe. Unfortunately the cellar has been flooded many times in the past few years and my late father thought it had been caused by rainwater (heavy rainfall) and rectified the problem by buying a pump and clearing it. the house smelt for years as they assumed it was stagnant water. as the problem was underground most of the smell was contained. my father passed away in October 2013 and since then the sewage has got worse as my mum is unable to use the pump. As we thought the problem was caused by water we suggested she contact united utilities for their help . They came today and admitted liability. We would like to know our situation on how best to deal with this problem, it seems very unfair that old age pensioners in poor health should be living with raw sewage in their home . Just too add that over the years many possessions were destroyed and exposed of due to this problem. Thanks in advance
  4. Thanks for your replys. I did request a copy of an agreement from 1 of these companies over 40 days ago asnd as of yet they have not come up with 1.
  5. because i am certain that he signed application forms not credit agreements therefore these debts will be unenforceable.
  6. My father in law passed away 4 months ago just as we were in the process of reclaiming ppi back from various companies . The problem we have at the moment is that he had various debts and the ppi wont payout. We have a solicitor in place sorting out probate and a few of these debts have now been sold on to debt collection agencies. I wanted to claim back the ppi for his estate and then hit these companies with the credit agreement act . I just needed to know once i get the debts written off how do i legally stop these going to my father in laws estate to get the money back . Thanks in advance .
  7. Thanks mate for your reply . I can afford a £100 a month till the 361.00 is cleared up but just wondered if the charges would be enforceable .
  8. Update . I have about £300 outstanding with them for the original loan amount . I called them up and asked to pay £100 a month till July to clear the debt . They said no because the loan ends in June . So i went ahead in april and cancelled the DD which was due on the 13th and made a payment of £100 on April 27th and will do so in may june and july to clear the amount . Now the thing is the charges last week i got a letter with charges on Early Stage management fees £65.00 and failed direct debit £15.00 . Not including january £43 ( £25 late fee and 2 x £9 dd missed ) February ( £25 late fee and 2 x £9 dd missed) April ( £15 dd missed and £65.00 late fee ) . In January i paid the months payment on the 25th which was due on the 13th plus all the charges . In february i paid the months payment on the 18th with the charges and in april i just paid £100 . To sum up the charges i have incurred minus interest is £164.00 I owe on the loan £361.00 any help would be appreciated .
  9. It was a loan taken out five years ago for £5000. I have successfull reclaimed £1500 ppi on this loan . The loan has switched companys about 5 times and i am absoultlty annoyed about the charges and they wont do anything about it .
  10. Thanks Mate . There is only about 4 charges over 4 and half years . Should i send them an account in dispute letter and cancel the DD i am to recieve my CCA on the 14th of this month but a payment of £ 130 is due out tomorrow .
  11. Wondered if anyone could help . I missed a direct debit payment on the 11th of the month and recieved a letter from the company saying that i now owe £25 charge plus £9 charge for the missed DD . The letter they sent me had a there bank account name sort code and account number on . That day i payed the loan amount plus the £34 pound charges and thought that was that . 14 days later they sent me another charge for £34 saying that they went back in for the DD two weeks later and it failed . I rung them and asked them why they had done this and why the charge and could it be wavered . They said no and that it was policy . ?? I sent a cca request to them and have still not recieved it the loan is coming to an end in 4 months over a five year term . Thanks in advance if any1 could help .
  12. i am going to challenge it anyway after a bit more of advice . I did display a ticket from a machine and was well within the time given on the ticket . My wife bought the ticket but has poor eyesight due to diabetes . As i said after closer inspection by myself after the event didnt realize that it is two carparks in one . Never been there before so didint know .
  13. We went to a car park in Ormskirk which belongs to M & S . We checked the pay and display board and it clearly stated that if you are to be there for less than an hour it would be free of charge . You had to print off a ticket and display on dashboard which we did. On return to the car 45 mins later we discovered we had a pcn on the car. (see below for image of ticket ) On further inspection around the car park we found another board no where near our car saying that the 1st hour was 60p . We then realised it had a little picture with 2 shaded areas on it and we were parked in the wrong shade . It was not clear and the pay and display machine was no more than 5 paces from our car were as the other board was way over the other side . on the back it does say you can appeal and if you go their website Chipside Lancashire you can appeal there . Is it worth going on their website and challenging it. With my reason to what actually happened. The enforcement Authority : West Lancashire Borough Council. What would be my best move . This is the back Just wondered if any1 could help . Thanks in advance .
  14. ????? do i need to register ????
  15. needed a little bit of advice . I was with my accountants for a number of years . 1 year the bill was £3000 , then £4000 the following year and finally £6000 this year . I cant afford the last amount so have stopped dealing with them . I owe them £ 6000 which i am paying back £200 a week . I woanted to know if i can request all of my paperwork for my new accountant from my old one . Also i cant really afford £200 a week and wondered if i could offer a lesser amount . The company i own is a Ltd company dont know if this helps atall . thanks in advance ..
  16. I have just switched to British Gas for my electricity and Gas supply . I was with Scottish Power for years but have recently increased my Direct Debits too high . I have an outstanding amount of about £550.00 with scottish power and would be able to afford about £25 to £30 a month to clear this . Has anybody had the same problems and how are they to deal with Thanks in advance ..
  17. Just wondered if there was anyone who knew how i stood . I moved into a warehouse in about 1998 and rented for 3 years . then in 2001 i purchased the building then sold it in about 2004 . I have never paid any rates or water or electricity and have never been contacted. Just wondered if the statue barred thingy comes into play . Thanks in advance .
  18. been wondering about this for some time . I have a tv and i have never used the ariel on the roof infact the lead for it has been unplugged since i got the tv . the reason for this is because i have cable . Just wondered if i didnt have to pay a tv license because im not using the ariel . I still recieve bbc channels through virgin but pay them each month for the privelage Just a long shot i suppose .
  19. Yes it is signed Ellie Renshaw Executive Office Manager
  20. Hi , i got the application thingy with wrong terms and conditions on when i ccad cap one . after sending the letter you sent i got this reply ... Dear xxxxx Thank you for writing back to me about your request to provide you with a true copy of your credit agreement. As Ive already explained. I have provided you with the current terms and conditions of your agreement, which is in compliance with section 78 of the consumer credit act 1974 I also sent you a copy of the signed part of your credit card agreement even though this is not required under section 78 of the consumer credit act 1974: this is signed by both yourself and Capital One. Your account remains in default and your current outstanding balance at the date of this letter is £xxxxxxxx We will continue to pursue the outstanding debt and will defend any application you may wish to bring againts us. Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the financial ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which i included with my last letter. I have posted a link to the agreement they have sent me http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151695-cca-not-sure-if.html
  21. I sent this in regards to what they sent me . Dear Sirs, Account Number: xxxxxxxxxxxxxxxxxxxx Thank you for your recent letter sent to me dated xxxxxxxx, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974 I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter received by yourselves July xxxxx. Upon receipt of the original request the specified account legally entered into disputed status. To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement. This breach of the agreement can be demonstrated as follows; As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered these are: Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements; And more importantly Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations. You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state: (2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented. I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You have until July 2008 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party). To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office. The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I would appreciate your due diligence in this matter. I look forward to your reply. Yours faithfully, Recieved this today . Dear xxxxx Thank you for writing back to me about your request to provide you with a true copy of your credit agreement. As Ive already explained. I have provided you with the current terms and conditions of your agreement, which is in compliance with section 78 of the consumer credit act 1974 I also sent you a copy of the signed part of your credit card agreement even though this is not required under section 78 of the consumer credit act 1974: this is signed by both yourself and Capital One. Your account remains in default and your current outstanding balance at the date of this letter is £xxxxxxxx We will continue to pursue the outstanding debt and will defend any application you may wish to bring againts us. Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the financial ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which i included with my last letter. Just wondered what i should do
  22. It was taken out in 2004 . there is no date next to the signature also on picture 323 it states late or failure to pay £ 12 plus returned payment charge and overlimit charge . When actually i was charged £20 a time . Just wondered what to do next
  23. Just wondered if these are enforceable Added Links Instead
  24. Recieved this letter today from this company . Dear xxxxxxxxxxx We refer to a recent request for a copy of your agreement. Unfortunatley we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place. According to our records, the account was opened on xx.xx.xxxx. you agrred to make payments every 28 days. The outstanding balance is currently £ xxxxx . Our records show that £0 in payments have been made within the last xxxx months. If a third party is acting for you, please pass a copy of this letter to your representative . Now what they have sent me is a blank form with terms and conditions on and thats it . Just wondered what to do next , any help would be appreciated .. Thanks
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