This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Parents have had a small charging order on their property since 2007 now (only around £1,400) and now the property is about to be sold with exchange of contracts taking place this week. Their solicitors noted the charge on the Land Registry and it was for the figure mentioned above, however they contacted the creditor for a redemption figure and they now claim they're owed £1,950. I was under the impression that once a charge is registered, then it's registered at the amount given and it's not subject to increase whenever the creditor feels like it? Apparently my parents' solicitors have informed them that they have no option but to pay this increased amount. Any advice on this? I'm of the opinion that it's BS, but plenty on here will know much better than me. Cheers!

Looks like I've posted this in the wrong forum, sorry!

Parents have had a small charging order on their property since 2007 now (only around £1,400) and now the property is about to be sold with exchange of contracts taking place this week. Their solicitors noted the charge on the Land Registry and it was for the figure mentioned above, however they contacted the creditor for a redemption figure and they now claim they're owed £1,950. I was under the impression that once a charge is registered, then it's registered at the amount given and it's not subject to increase whenever the creditor feels like it? Apparently my parents' solicitors have informed them that they have no option but to pay this increased amount. Any advice on this? I'm of the opinion that it's BS, but plenty on here will know much better than me. Cheers!

Hi guys, thanks for the replies. The court order was applied for by Bermans solicitors on behalf of Marsh Finance Ltd. As far as the PPI goes, this was added at the start of the agreement (so they'd have been paying interest on the £1,840 PPI) after Carcraft (I know, I know!) told my parents that they had to have it in order to be accepted for the hire purchase. I'm pretty sure a portion of the repayment amount will be for PPI, but I'm not quite sure how much yet. We do have a copy of the original agreement, I can blank some of the personal details and post it all up if it's any help? As for the voluntary termination, there was around £540 of arrears at the time my dad wanted to give the car back. He dropped off the car with a cheque for this amount (the cheque bounced), Marsh Finance accepted the car, had him sign it over, then a couple of weeks later they sent a letter saying they couldn't accept the car as there were arrears outstanding (which was correct) and that the car was in storage. They went on to say that if the car wasn't picked up by a certain date, then they would effectively repossess it and sell it at auction before chasing my parents for the money.

Well they got the judgement for just under £7,000 after the judge decided their claim for interest was ridiculous. Not sure what my parents' options are now?

Well we've just received the documentation from the DCA (2 hours before the court 'directions appointment'), so is there any chance of an adjournment here? Would it be a case of turning up for the hearing and requesting it or would it have to be done beforehand? Particulars of Claim are as follows... --------------------------------------------------------------------------------------------------------------------------------------- The claim is for monies due from the Defendants upon termination of the Agreement particularised below being the amount claimed due and unpaid as shown below plus interest thereon from 05.02.07 to the date hereof at 33.3% pa pursuant to contract being 4568.74 to date and continuing at 3.76 per day until Judgement. PARTICULARS Date 24.05.04 Parties Claimant and Defendants Number xxxxxxxxx Type Regulated Total amount payable 18,547.20 Paid up sum 11,443.07 Less: net sale proceeds 2,972.57 Amount claimed due and unpaid 4,131.56 Interest is claimed pursuant to Clause 15 of the Agreement, or alternatively at 8% pa pursuant to S69 County Courts Act 1984. ---------------------------------------------------------------------------------------------------------------------------------------- I should also point out that there was £1,840.00 of PPI added to the initial agreement, which as we all know is useless in the case of self employed individuals and, indeed, it did prove worthless as a period of financial difficulty during that period has landed my parents in this mess. Any advice?

Parents took out car finance a few years back (2004 or earlier) and had paid up £11,500 of the total amount payable, which was £18,500. In February 2007, they were in financial trouble and wanted to voluntarily surrender the vehicle, so they dropped the car off at the finance company HQ along with a cheque for the arrears (£540). The cheque, unfortunately, was never paid as there wasn't enough money in the account. The finance company gave them another week to come up with the money for the arrears but, being in financial hardship, that was impossible. Since then it's been passed on to a DCA and court forms were issued, claiming the amount of around £9,000 on the court forms (although it says £12,000 on the letter they sent around the same time) and my parents are just not in a position to pay this. Mortgage payments are well in arrears and my father is currently claiming Jobseekers Allowance having been out of work since July. I should point out that they were both self employed at the time, with my mum having a part time position elsewhere. I've asked the DCA for all documentation before this afternoon's court case but have received nothing yet. Is there any basis for arguing this case and, if so, what is it? Really stuck here and they certainly can't afford another £10,000 debt. Thanks in advance.

What does that solve, though? I'm led to believe the problem is due to excessive heat from the location of the power supply causing problems with the screen, which is a design fault. If they fix it under warranty, the one they replace it with will surely have the exact same problem? Basically I'm stuck with a duff £1,200 computer with a design fault and no way out?

Purchased a new iMac in May this year. Been using it for a few months and absolutely love it, but I'm beginning to notice some problems with the screen. I should initially point out that it's still in warranty, I've had it for six months and two weeks and Apple market this £1,200 computer as a state of the art machine. Now - the problem. When I minimise a window or close a program, I can see quite severe ghosting of where the window was. It's getting to a point now where I can't help but look at it when I'm using the system. I'm not happy about it and expect better hardware from a product that costs well over £1,000. After searching various Mac forums, it seems like this is an all too common problem with these iMacs, and I'm thinking of taking it back to Apple since it seems to be an issue they have acknowledged to many customers beforehand. A poster on another forum says he had his 13 month old iMac refunded for the very same problem. If this is an inherent design fault, where do I stand? Am I entitled to a full refund under the Sale of Goods Act as the goods are of poor quality? Maybe I'm only entitled to a repair or replacement, but then they'll only replace it with another panel that suffers from the same problem and I'll be back to square one again, only closer to the end of my warranty? What should my next step be?

Would it make more sense to send a Subject Access Request C1, since they seem to be ignoring every request I make for the statements? As far as the PPI goes and the late payment/over limit charges, I was getting charged about £60 a month for these. Should be interesting if I put that into a compound interest calculator with the PPI.

Haven't done anything about the PPI reclaim yet. However, Capquest ring me on an almost daily basis asking me what action I'm prepared to take on the account. I've informed them on every single occasion that they STILL haven't sent the statements they promised. Must be over 20 times now, yet the guy on the phone just now said they were sent out via standard delivery on June 26. I haven't received anything from them through the post yet they maintain their stance. I asked why they never 'sent out' the statements via recorded delivery which I asked for, and they said I should have them as they were sent out standard delivery (I'm beginning to think these morons have absolutely no idea about logic or about what they're doing!). Finally I offered to pay for recorded delivery on their behalf as then at least they'd have some proof I received them, to which they refused. He then went on to tell me that he couldn't keep the account on hold any longer and that they would be taking further action, so I told him to do exactly that as I'm not prepared to do a single thing until I receive the statements they promised. Where do I stand here, and what should I do next?

What's the general consensus on the best option to take from those three?

Had a call from Capquest asking what I'm doing about the account. I told them I will be looking into taking legal action as they never sent out a true copy of the CCA, just some botched application form. Also they never sent out the statements their accompanying letter promised, and this was months ago. They then asked me if the account was mine and I said I wasn't prepared to discuss the matter over the phone. They then asked whether I was saying it was fraudulently signed for in my name when it's nothing to do with me, and I replied that I wasn't saying that, just that I wasn't prepared to discuss it over the phone, and to send anything to me in writing. The goodbyes followed from them and then they hung up. What should I do next?

Right, but regardless of the fact they might owe me charges from PPI, unlawful charges and the like, if this isn't a legitimate CCA, what steps do I have to take to get this written off?

In the covering letter they sent with this 'CCA', it says 'We can confirm that the statements you have requested will be forwarded to you as soon as we have received them'. Does this mean I don't need to send an SAR? Also, are there any more thoughts on the validity on the 'CCA' they've sent out? If the general consensus is that it's a load of rubbish, what do I have to do now?

Just after a few more opinions on whether people think this is enforceable.

Thanks for the input. So, what's the next step for me?

I'll definitely look into that. I could probably claim back a fair old amount for all the PPI I've paid over the years. Can you claim back compound interest when reclaiming over limit fees and late payment charges?

I'll look into that. What are your thoughts on the credit agreement they've sent?

I was yeah, and still am to this day.

Hopefully I've blocked out any details that might give away who I am if anyone from Capquest is looking in! Apologies for the poor quality. Scanner was playing up so had to use my phone.