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Foolishly

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  1. Noted, thanks re-draft it is then If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based CCA sections 86E not providing default sum notices 86(5) not entitled to enforce agreement 87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea.
  2. Morning I am sorry for this unacceptable delay on my behalf, I never thought a simple complaint letter would cause me so much stress along with anger towards this company I only have this weekend to get things rolling. I should be back at hospital Monday (as long as they don't cancel on me again) and won't be upto much for a while from then on So please bare with me, I need to condense my letter as it's totally long winded and off in points, I'm taking the advice given for prin 6 and 7, but was also considering prin 9, Trust is also a major part for me here: yes I did trust they had my interests and I totally relied on their advice and judgement, which I now know was all given with their own interest in mind not mine and for their own benefit and gains, no to assist me in any way.
  3. No the info on comms log isn't quite right, I hadn't worked since Xmas due to bereavement but I wasn't staying in Somerset since the Xmas. The comms log is very deceitful indeed and after I had finished evaluating it fully I came to the conclusion MB are very manipulative, they lie, cheat and twist the truth, but it only takes the slightest slip up and everything crumbles. You see in order for MB to have taken any further steps they have to be entitled to take them. So when they lie and try to deceive the truth prevails , so to send a copy of a Default Sums Notice dated 15/1/17 that doesn't exist on the log anywhere and Ive never had the original and then fail to include one in the SAR that is listed on the log as generated on 18/1/17 (not had this one either) doesn't the consequence of that 1 act prevent them from any further action until the notices are served 86 (e) Notice of default sums (5)If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer. But I am reducing the complaint and sticking to basics
  4. Good evening, Sorry I have not been active online for numerous weeks unfortunately I have been seriously ill not fully recovered, but well enough now to continue on with my fight against MB. Will update my thread in full tomorrow along with my prepared letter
  5. Ok thanks, I wont bother replying. Should I leave the car on the roadside to be collected, post keys off and amend the V5, or hangfire until everything is resolved one way or another?
  6. Update, advice please; Im receiving messages from Burlington (I believe are part of Marstons) (Emails, text messages, phone calls) They are asking me to urgently contact them regarding Moneybarn and to do so within 24hrs Not sure if I should email them back or what would anyone suggest? Thanks
  7. Ok, I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17. I will keep to what I already know and stop over thinking further issues.
  8. Ive amended my draft complaint again and again dont want it to be an essay, as suggested, im keeping them guessing as much as possible. It has dawned on me I dont think I ever asked this question, as this does throw a big spanner at MB. The agreement started 17/11/16 for 60 mths, but only payable over 59 mths. The end date stated 17/12/2021. MB informed me the consent order payment date of 16th of every month was to keep in line with the agreement payment dates!! So am I correct in assuming the actual first payment date was 17/1/17 then a further 58 payments are required to take it to end payment date 17/11/2021. In effect month 1 is deferred (17/12/16) although they dont actually tell you that but the figures and dates on the paperwork infer that to be the case. Otherwise the agreement would be over paid by one month if 60 payments were made.
  9. Just an update; I have been receiving emails from Sinclair Taylor requesting payments to commence at a rate of £10 per week as they feel thats a justified amount! They stick to their story the Data has been destroyed and state my requests are vexatious to delay payment, if payments dont continue with in 7 days they will have no other option but to apply to court for enforcement. I have told Sinclair Taylor to go ahead and apply to the court as their not getting any further money from me, at least it will save me the job of initiating a claim against them to reclaim the £1700 plus in funds they obtained by deception, the documents I have prove my case. I have now complained to ICO about the data they allege has been destroyed. Still no compliance from the Estate Agents funny how they wont comply and send my data, while Sinclair Taylor claim the data for that same period that will no doubt show correspondence between the two parties has been destroyed.
  10. I was wondering if anyone is aware of the information that is required to add a charge on a property? (By information im referring to the accuracy of what is provided and then stated on the land registry against the property). Im concerned (although this may have no impact) that the company stated for the 1st charge matches the name on the legal mortgage and agreement, but stated next to the name isnt that companies registration number. They have used one of their many other subsiduary companys registration number. When searched at companies house the information is not for the one that refers to the agreement. Could that in any way make the 1st charge not enforceable? If so, would they be required to make a further or new application? A deed of trust was drawn up between the buyer and his partner to hold the property as tenants in common, but I think the negative pledge within the 1st charge overides this. However if the 1st charge was void, then they would be in a better situation to fight on, without the added threat of the receivers and mounting pressure to settle on their terms for £195,000.
  11. Oh dear I am having issues, not sure of the best opening paragraph to start off my letter of complaint. Its harer than I thought it would be There are so many issues that need addressing, however I dont know if I should be summarising the issues im raising with directions to the relevant points; i.e Comms log page number, CCA, Documentation received (Letters etc), or going for full indept complaint. Any direction appreciated.
  12. Thanks SAR request it is then And yes will make sure advice is sought from fos.
  13. Would it be worth sending a Sar request? If the settlement isnt completed on or before 30/6/20 Roma's agreement allows them to add another facility fee (my opinion its a penalty charge) £4600.00 to the balance plus another full month interest at 2%, theres no reduction for part of a month, just the full month is applied regardless.
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