Hi. In that case can my girlfriend reply and ask for her money back? and then I can go from there with a fresh offer? thanks Mark

Hi sorry guys.... To answer your question Seq, NO I did not write to offer a full and final settlement in advance, BUT there was written on the back of the cheque as well as on the letter saying that if the cheque is banked it is accepted as full and final settlement, and that they are to retun the cheque if not. I have actually not heard back from this company in question, but I also had an identical situation with Vodafone.. I sent a letter to Vodafone, regarding a Vodafone debt of around £345 That letter contained a cheque for £192 , a cheque which was written and signed and paid from my girlfriends account. I wrote both on the letter AND on the cheque that this was an offer of full and final settlement, and that they do not have the permission of the cheque writer to bank this cheque unless they are accepting full and final settlement offer, and that they are to return the cheque to me if this was not an acceptable offer. The cheque was banked. I am now getting calls from Capquest stating that they are chasing the rest of the debt, and I owe them the balance of the £130. I have said to them that as far as far as I am concerned the debt is paid, and they seem to think otherwise The really annoying thing is that I am not trying to pull a fast one, I assumed that if they did not accept the offer, then they would refuse and send the cheques back..and then I could make another offer or a payment plan etc.. it is really frustrating, as I am sure if I HAD sent a letter up front they would have accepted it, and now that they have gone ahead and banked the cheque I am just not happy that they would do such a thing.. if they were not happy why not return the cheque. SORRY , for the delay in my response, your advice is much appreciated. thanks M

Hi sorry guys.... To answer your question Seq, NO I did not write to offer a full and final settlement in advance, BUT there was written on the back of the cheque as well as on the letter saying that if the cheque is banked it is accepted as full and final settlement, and that they are to retun the cheque if not. I have actually not heard back from this company in question, but I also had an identical situation with Vodafone.. I sent a letter to Vodafone, regarding a Vodafone debt of around £345 That letter contained a cheque for £192 , a cheque which was written and signed and paid from my girlfriends account. I wrote both on the letter AND on the cheque that this was an offer of full and final settlement, and that they do not have the permission of the cheque writer to bank this cheque unless they are accepting full and final settlement offer, and that they are to return the cheque to me if this was not an acceptable offer. The cheque was banked. I am now getting calls from Capquest stating that they are chasing the rest of the debt, and I owe them the balance of the £130. I have said to them that as far as far as I am concerned the debt is paid, and they seem to think otherwise The really annoying thing is that I am not trying to pull a fast one, I assumed that if they did not accept the offer, then they would refuse and send the cheques back..and then I could make another offer or a payment plan etc.. it is really frustrating, as I am sure if I HAD sent a letter up front they would have accepted it, and now that they have gone ahead and banked the cheque I am just not happy that they would do such a thing.. if they were not happy why not return the cheque. SORRY , for the delay in my response, your advice is much appreciated. thanks M

Hi. I have sent a cheque (from a friends cheque book not from myself) as an offer of full and final settlement, the company has sent the cheque to a debt agency which now say they are now Administrating" the debt, but that is a side issue, the issue is that in the letter that I sent to them (with the cheque) when I made the offer, I stated very cleary that they do not have permission to bank the cheque unless it is in acceptance of the full and final offer. They have banked the cheque, and sent me a letter demanding payment of the rest of the debt otherwise further action will be taken. Please can someone advise on the leagality of the situation. Thanks nohappybunny.

Hi. I have sent a cheque (from a friends cheque book not from myself) as an offer of full and final settlement, the company has sent the cheque to a debt agency which now say they are now Administrating" the debt, but that is a side issue, the issue is that in the letter that I sent to them (with the cheque) when I made the offer, I stated very cleary that they do not have permission to bank the cheque unless it is in acceptance of the full and final offer. They have banked the cheque, and sent me a letter demanding payment of the rest of the debt otherwise further action will be taken. Please can someone advise on the leagality of the situation. Thanks nohappybunny.

Hi Yes we noticed that they did not mention this... is a difficult one to call, the person buying does not really wish to buy a full survey, they are buying cash, with no mortgage, so they do not need to get a survey done, this property had a survey carried out by the people who were going to buy it before, and apparently nothing came back on this (they pulled out as they found a better deal) hard to call really, not sure how to proceed.. I have a feeling that this is a covering backs statement... it states that we are ithin 250meters of a potential flood site... does not really help much .. that could mean, down the end of the road, around the corner under the bridge and left at the next lights... (so to speak) in other words there is a flood nearby that flooded once, in I dunno 1850 , to be honest I cannot recall any floods in this area going back the past 20 years at least, not even when the local high street got totally flooded... in the big rains of last year .. (or was it the year before? anyway) Anyone any ideas of anywhere I can look online at potential flood areas? or maybe I should get onto the waterboard?

A Family member is buying a property, during the searches that solicitors have undertaken, the following was found under Environmental Searches. RPS Consultants risk management in association with home check professional. Contaminated land the RPS certifies that the level of environmental risk identified in the homecheck professional Environmental report is not like to be sufficient for the property to be described as contaminated land as defined by section 78(A)2 of part 11A of the environmental protection act 1990. Lending assessment As the subject property has received a Certificate it is the opinion of the RPS that contaminated land issues should not have a significant impact on the security of the property for normal lending purposes. Other Matters Whilst outside the scope of part 11A of the environmental protection act 1990 and this certificate ,it should also be noted that the following additional environmental factors have been identified within the report Flood this site is located within 50 meters of potential flooding , please refer initially to section D or for more comprehensive assessment of flood risk including detailed maps as well as geological groundwater and insurance data ,you should consider purchasing the homecheck professional flood report. Section d –Flooding this section provides a high level overview of potential flood risk . Report summery Pluvial Flood D.1.3. Is the property in or within 250m of an area at risk of surface flooding Can anyone tell me if this means they should get a full survey of the property? OR has anyone had a similar experience with these reports? as ffar as we know (having lived local all of our lives) the property is not within a flood zone, or near one... any advice? thanks

-- Can some one tell me , what happens now once you send a CCA request, if they cannot produce the original, but your loan was POST 2007 , does this now mean for all loans after 2007 , loan companies now do not need to produce or have the original document and can still take you to court (and to the cleaners?) I thought I had a basic grasp of this CCA stuff, and now I have no clue... and there seems to be so many differing opinions..

Hi Letsdothis... Thank you for your reply... but what I am looking for is for clarification on the law, or rther the nature of application forms/agreements, for my clarification and understanding of the law.. is an application form a valid agreement.. or can it be? is kind of what I am trying to understand.... I will in the very near future no doubt be posting replies to my cca requests... and I am anticipating at least one of these replies will be in the form of an applicaiton form...

Hi All.. I have not actually had any replies from any of my outstanding CCA requests, however having read many many posts and I am still not clear on the law... I am very curious to know, if following a CCA request a creditor sends back your application form, is this acceptable and does it constitute a credit agreement? taking into account any of the more recent changes in the law.. (past few years) or does it depend on the application form, ie if it states "this is an agreement" Some clarification would be great

Anyone got any other news on Park Motor finance... I am in a postal ping pong with them now, would like to hear other peoples experiences

hi Elgrand... How did you go with your case? I am in a similar postal ping pong with a creditor at the moment..... and curious to know how you got on....

Great thank you Postggj... am sending the follow up letter now ..

thanks

I hope so...I amstarting to crack thanks

Hey there acefr3hl3y ...sorry...I am looking for more advice, I am not to sure on my lingo "ie cheeky bump" i probably should have said... someone please help me!!!! I am actually losing mymind a little bit

I am worried as in their letter to me it states thank you for your enquiry under s77 etc etc etc

Thanks cerberusalert , any idea on what the situation is if i have sent them an incorrect CCa request ..ie if i sent a cca with s77 and not s79 as this is a conditional sale agreement?

cheeky bump http://www.consumeractiongroup.co.uk/forum/general-debt-issues/253083-checking-validity-credit-agreement.html any offers?

Cheeky bump http://www.consumeractiongroup.co.uk/forum/general-debt-issues/253083-checking-validity-credit-agreement.html

do you think I should read to much into the fact they have not just replied with my original cca? ie they dont have it?

Hi Postggj you still around? can you still help me? I cca'd the mon the 8th of may ,had nothing back apart from a letter statign they wouldlike me to sign and send the request back,I worte to them saying I am not required to send a signature, nor id as they have been writting to me at that address for ages..they have since banked the cheque on the 3rd of june , one thing though that worries me isi am unsure now if i sent them the correct cca request... i have a nasty feeling only put s77 down and not s79 (for a conditional sale agreement) does this mean they do not have to comply? Please advise... Where would I stand now? thanks for your (or anyones help)

Hi. I cca'd a company recently, they have not replied with my Cca, they sent a letter back stating that they want a siganture and two forms of ID, I replied stating that I do not need to provide them with such,and resent the cca and the cheque. They had already issued a default, and then very soon after cancelled myagreement, AFTER this I sent on the 7th of May and they got the original request on the 8th of May , still had nothing back. Please advise what I can/should do next. I believe the company has incorrect interest terms on the agreement, but want to see the original. They are not a nice company tbh,and have been harassing me even though I have made payment offers to them , they refuse to accept any agreement for lower payments for a short period of time,and they want to cause me trouble- I want to pay them, but only what I can afford at the moment..I am self employed and work is slow for the past 4 or 5 months..but they want to hardball me, so now I want to fight back. any advice would be great thanks

Hello?

Hi Postggj.. Hope all is good with you there have been some developments I am going to PM you