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bennyowen

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Everything posted by bennyowen

  1. Kaelic, As this is a shared house, regardless of the emptiness of the other two rooms, your own private accommodation is your own room. You are not renting the whole house, as a result your tenancy agreement should show that you will share other facilities in the house with other people. Other people were not explicitly defined, could be the landlord or anyone. However, it is logical that the landlord must give notice to access your private room in the house because that is your private accommodation. The other part of the main accommodation is not for your sole use, being shared with others. In fact, you have no legal right to access the other two empty rooms in the house. The landlord, out of courtesy, may choose to inform you that he/she will be bringing potential tenants to view the other two rooms from time to time. If the landlord did not inform you about bringing potential tenants to view the other two accommodation, I do not think you can compel him/her legally. I may be wrong but let others give their opinion.
  2. If a mortgage offer is approved and issued to the customer, can the mortgage offer be described as a 'unilateral offer'? This question concerns the UK contract law.
  3. Write to them to inform them that you have scraped your car and enclose evidence if you have any. Inform them you wish to cancel the insurance and request refund. Send your letter RECORDED delivery. Write letters rather than telephone conversation. Be ready to return the insurance certificate if they request it.
  4. There are fees that you can claim back and there are fees that you could not claim back. You have to provide the exact description and amount of each of the charges as it appear on your statement. That will help people here to understand the type of charges and offer you support.
  5. There is inadequate information to offer you help.
  6. Welcome to cag. If you need help, just shout.
  7. You could write to Equifax and enclose a copy of the confirmation from the Council. If you apply for a loan (or any other credit) while they have not rectified the problem, you could get a refusal.
  8. If the battery has been left on the camera since Xmas, whether you use the camera or not, it will drop its power - flatten.
  9. You could also approach Shelter Charity from there or on your arrival. See their England website: Shelter England - The housing and homelessness charity
  10. PeterKent, I assume you are a UK Citizen. The following link will help with information, including benefit information: Website of the UK government : Directgov Good luck
  11. Can you identify examples of damages you suffered? It will help your case in court if you can make a list (with real evidence) of your damages for the court to see. You may claim damages without specifying an amount in your claim. In that case, you allow the court to award your damages as it see fit. The court need evidence in calculating your damages though.
  12. I totally agree with you on that. GMAC tend to use Experian mostly. It is shown in their Press Release and my Experian credit report. GMACPress.pdf
  13. I agree that they do. What if they claim they did but the credit report list of previous searches reveal that they did not?
  14. Whether the Solicitor is acting on instructions or not, will the false statement be allowed as argument in court?
  15. Do you not think the following references are relevant and to my advantage? 1. UTCCR 1999 Regulation 5(1) says: “A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.” 2. UTCCR 1999 Regulation 5(4) says: It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was. 3. UTCCR 1999 Schedule 2(1)©(j)(m)(n)(o) says: INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR 1. Terms which have the object or effect of: © making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone; (j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract; (m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract; (n) limiting the seller’s or supplier’s obligation to respect commitments undertaken by his agents or making his commitments subject to compliance with a particular formality; (o) obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his; These are just my personal thoughts, I may be wrong. What do you think?
  16. Do you not think the following references are relevant and to my advantage? 1. UTCCR 1999 Regulation 5(1) says: “A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.” 2. UTCCR 1999 Regulation 5(4) says: It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was. 3. UTCCR 1999 Schedule 2(1)©(j)(m)(n)(o) says: INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR 1. Terms which have the object or effect of: © making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone; (j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract; (m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract; (n) limiting the seller’s or supplier’s obligation to respect commitments undertaken by his agents or making his commitments subject to compliance with a particular formality; (o) obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his; These are just my personal thoughts, I may be wrong. What do you think?
  17. Is a mortgage offer produced on lender's letter paper not binding?
  18. Does the lender issue mortgage offer based on findings of the Broker when they have not performed their own credit search?
  19. The Solicitor stated that "the Defendant carried out further searches of the credit reference agencies and located an adverse entry registered" on the mortgage applicant. The credit report show that the defendant did not perform any further credit search after the approval and issuance of the mortgage offer. The news media is awash with articles that the defendant was suffering the effect of the credit crunch during the period of mortgage offer withdrawal. The Solicitor made up the defence statement to find a reason for the withdrawal of the offer.
  20. There are no new names. My name is: Benny Owen Andrew (passport) and my name alias as recorded on my credit file is: Owen Benny Andrew (UK driving licence) My Experian credit report contain search results from both instances of my name as above. The Experian credit report system recognise both instances of my name as they were recorded with Experian by the defendant during a previous mortgage application which was successful in June 2007. I am an existing mortgage customer. My credit file show that contrary to the defence statement in paragraph 4.5, the defendant did not perform any subsequent credit search after the credit search of 11 July 2007. Besides, the so called adverse data was recorded on 8 June 2007, long before it performed the credit search for the current mortgage application. Why did GMAC ignore the adverse data during its credit search on 11 July 2007? Why did it decide to suddenly withdraw the mortgage offers in October 2007 without performing any subsequent credit search? Paragraph 4.5 is a made up story to find an excuse for withdrawing the mortgage offer. According to Experian credit report (see Thread #6 - Witness_Statement_Claimant.doc ): Aliases are created when lenders tell us of other names you have been known by or when you tell us of other names you have used. Your credit report will include information recorded in these other names at the addresses you gave us when you applied for your report.
  21. The Solicitors Regulations Authority is against making false statement and deceiving the court. This is clear in their rule shown in the link below: Solicitors Regulation Authority - Code of Conduct: Rule 11 Does the court really take notice if it is revealed that a Solicitor makes false statement in a defence statement or claim form?
  22. Reading about other people's situation on this site and offering support where possible has given me the zeal to fight for my own right. It is my hope that when I have successfully won this case, I will make my full dossier available to the Press for publication. Banks and financial institutions are not a friend of the consumer. They are there to oppress the consumer for their own gain. All CAG members and visitors should take consolation in the fact that the court will not take side with the bank. I await any support, recommendation, suggestion, etc that could help me in my case.
  23. The following links are different news articles which indicate that GMAC was having difficulty in its business during the period of my mortgage offer withdrawal. This list was presented to the court as Exhibit 10 (Bundle of international news articles about the difficulties of the defendant): 1. Credit crisis blamed for downturn at GMAC-RFC Mortgage Solutions - Credit crisis blamed for downturn at GMAC-RFC 2. GMAC RFC cuts 260 jobs GMAC RFC cuts 260 jobs 3. GMAC-RFC to close High Street sub-prime subsidiary GMAC-RFC to close High Street sub-prime subsidiary | IFAonline.co.uk 4. GMAC-RFC to close High Street Home Loans, cutting over 200 jobs GMAC-RFC to close High Street Home Loans, cutting over 200 jobs - 9 October 2007 5. GMAC-RFC closes direct-to-consumer arm Mortgage Solutions - GMAC-RFC closes direct-to-consumer arm 6. GMAC-RFC shuts down National Guarantee Laura Stavro-Beauchamp GMAC-RFC shuts down National Guarantee - 7 August 2007 7. GMAC-RFC Ltd. Tackles Changing Market Head On https://www.rescapholdings.com/news/news_article_10_09_07.htm 8. Fitch Withdraws Homecomings' & GMAC-RFC's Resi Servicer Ratings Fitch Withdraws Homecomings' & GMAC-RFC's Resi Servicer Ratings | Reuters 9. GMAC RFC is to shed 200 jobs .. GMAC RFC
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