Hi all just registered on here as i need a little advice if anyone here can help me out please I'm in a privately rented semi-detached property which is let out from an Local Estate Agency this is due to end at the point of writing this on the 1st of October 2012, My short assured tenancy agreement states i have to give 2 months notice to leave the property which by there way of think is i should have put my notice to them on the 1st of August 2012. Im having loads of problems with my next door neighbours and it basically kicked off last night when they had a party and my wee 2 year old girl was constantly being woken up, i went to the door to ask them to calm down with all the banging etc (very polite ) i have had to go through to them about 4 times about this. to cut the story short the family became very agressive and so did there quests i called my landlord about them for the 5th time and he told me he only rents the house out to me and there was nothing he could do even though he is friends with them now my question is. if i give notice now 2 months and the date will now run over the 1st of October will i have my tenancy renew to a periodic agreement even though i want out of here no longer than the 1st of October which i believe im legally required and expected to pay full rent til that date if this makes sense, i dont mind paying my rent at all i just dont want to be stuck here for another 6 months when technically legally only signed up to be here until the 1st of October but feel im being forced to stay here and the Estate Agency are tell me i have missed my date of putting notice in and im now stuck here from now til the 6th of August and a further 6 months there after is this correct Any and all help really appreciated and hope this has made sense

I know this is a long shot but I thought I would ask - Does anyone have a copy of their debit card agreement that they would have signed to be sent a payment card prior to around 2001?

Hi am currently trying to help someone with a CCA request. We have received a letter back that says "I have enclosed with this letter a copy of the reconstituted version of your executed agreement and a signed statement of your account. By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. There is no requirement under the CCA to provide you with a copy of the original signed agreement, b ut notwithstanding that fact, please find enclosed a copy of the front page of the original agreement proving your signature. The prescribed terms of the agreement would have been validly incorporated into the agreement on the reverse of the enclosed sheet or a seperate attached sheet." Is this right?

I'm trying to take care of a PPI claim against Lloyds TSB for my wife. Basically the facts are this:- My wife was in temporary employment when she took out her credit card and was told that she wouldn't be accepted for a credit card unless she took out PPI. My wife the sent a letter to Lloyds TSB asking for her PPI + interest back, they claimed that she knew PPI was optional and have fobber her off. There was no mention of the temporary employment. She then sent a CCA request, to get a copy of her Credit Card Agreement. They've sent her a reconstituted one with no mention of PPI and it contains her married name and our current address, she was unmarried at the time of application, living elsewhere. Luckily she has all but one (earlier this year - it will be somewhere at home) credit card statements going back to when the credit card was taken out, so we have pretty much all the financial information required. How do we get a genuine copy of the credit agreement so we can see what she agreed to at the time? Or is this not worth pursuing and just get straight on with the PPI claim? Also is the reconstituted one legal with wrong name and address? I've posted this in the Lloyds TSB forum, as the initial question is about CCAs. However I suspect it may end up in the PPI forum.

HI All After all the excellent advice received previously I may have mislead you all - it is not a HP Agreement but a Lease Purchase Agreement over 48 months. Have paid all below except final Outline as follows :- First £5225 + 47 X £461 + £5000 final rental payment . The car registration document is in my name not lease company (error at purchase stage by dealer - they have asked for it over years but ignored request) Query is will not be able to make final payment due tomorrow of £5000 but should be able to pay by end of September . How should I deal with very aggressive company always threatening repossession . Can they take it or do they need to go to court first / and how long does it take / Should I write to inform them I will pay end of September and offer late interest payment on top as compensation to them ? Thanks for helping

Would like some help for a friend regarding a draft settlement agreement regarding wages owing, is there a standard wording that should be used for a small amount of money. My friend does not want to employer a solicitor as this would mean less amount of money that will be received by him.

The OH sent a SAR to M&S. Their reply said the accounts (1 x Personal Reserve and 1 x Budgetcard) were closed a long time ago (2000) and they no longer had any records. The OH sent a reply arguing that they still had my records (from an account opened in 1986 and closed in 2000). Demanded that they send the necessary information. Eventually M&S sent some information printed from their computer system (including name, address, marital status, home and work telephone numbers, occupation, bank account number and sort code). They also sent a reconstituted agreement and application for the Personal Reserve account (but not the Budgetcard). The form contained the OH name, address and date of birth. Everything else was left blank (despite having the necessary information on their computer systems). As part of the agreement and its terms/conditions, it refers to the complaints procedure. To complain about PPI the agreement refers the debtor (my OH) to the GISC. To complain about any other aspect of the Personal Reserve my OH should refer to the Financial Ombudsman. I know that Carey v HSBC allows for reconstituted documents. However, the accounts were opened in the mid 1990s and closed in 2000. The GISC and the FOS did not have responsibility/come into being until 2001. Any advice as to how to respond to M&S given they say that the OH agreed to something in the mid 1990s that did not exist until 6 or 7 years later...?

I recently sent a letter to Credit Resource Solutions (20th June 2012) requesting a copy of a Credit Agreement of an account they are dealing with, to which they allege I owe £450 to. I am disputing the amount owed and was advised to request a copy of the credit agreement and statement of account. As of yet I have received no reply and was wondering what steps I need to take next to resolve the situation. Any help, as always, will be appreciated.

After major trauma and ending up in debt I am in the process of sorting myself out. I have requested CCA's from DCA's and when recieved have arrange suitable repayments. However one slipped through and got as far as a summons, I defended by requesting a CCA, the summmons was stopped about 6 weeks ago and I have recieved the agreement. The DCA now wants me to sign a Tomlin agreement, i have looked round and dont seem tunderstand what it really is. does someone know of a "Tomlin agreement for Dummies"? Also can I still make a PPI claim on this? Thanks in advance

Hi I would be grateful for any help please if possible In 1999 i bought a car on HP which the value at the time was around 2K. Due to severe change of circumstances within one month of buying the car i told the finance company i could no longer keep the car as i was unable to pay for it. I sent them a letter telling them this and also via telephone. Due to the change of circumstances it meant at the time i no longer had a fixed address so there was no way of knowing what reply from the finance company was, also neither was i able to recover any belongings i had before these change of circumstances took place. Speaking at the time on the telephone i was told by the finance company that they would recover the vehicle and IF there was a remaing balance i would have to pay it. this week (13 years later) i have been contacted by a debt collecting agency for the balance of 7K for the car. I have never recieved a default notice or any comunication from the finance company in all the 13 years. I have changed address a couple of times but within 6 years after they recovered the vehicle i was at one address for 4 years. Perhaps stupidly i thought they would contact me and things would have been resolved, but they didnt and no i did not contact them because i had truly forgotton who they were not having any possesions at all from previous to the end of 1999. I am not trying to hide from this in any way i am just trying to resolve this but i do wonder that after such a long period of time what rights i have. I would be grateful if anyone can help. Thanks

My friend and I have been renting our house since 9th March 2012 through a letting agency. The rental of £475 has been paid in full every month, until.... During May 2012 we received a letter, recorded delivery, addressed to 'The Occupier' from Winterhill Largo with a Notice Of Inspection. The letter went on to notify us of a change in receivership for the property. After a brief phone call I was informed by Winterhill Largo that our landlord had missed mortgage payments on the property and therefore the house had been repossessed. I immediately notified our letting agency but they didn't know anything about it! Further letters were sent from Winterhill demanding payment to them, not the landlord or his representatives. We made copies of all the letters and gave them to our agency who informed us they could not get in contact with this company and adviced us not to pay anything to anyone until the situation had been rectified. We have received a letter today from our letting agency confirming our property is now under new ownership and demanding payment of £1250 in rent arrears! Does this disruption results in a breach of our tenancy agreement? We are now frantically looking for somewhere else to live and would prefer to use the money saved during this period to secure new accommodation. Do I have any rights?

Hi Guys hope you can help, I took out car finance in 2002, now Ive put a claim into Welcome for my ppi back and got the standard letter back saying "Final response, Thank you for your letter received on 28th May 2012. I regret to inform you my decision to reject your complaint because it is outside the relevant time limits, I understand that this will be a disappointment, but what follows is my explanation of why I have rejected your complaint and how the time limit applies. The rules of our regulator (the Financial Service Authority -FSA) state that where a complaint relates to an event that took place before 27th February 2003, we are not required to investigate your complaint. Sales of insurance made before this date were the responsibility of the insurance provider, not the broker who sold it". It then goes on to say contact the fos if you dont agree etc. Im guessing that this is a standard letter, Now do I take my complaint to Norwich Union Insurance LTD (now Aviva) or refer it to FOS? I have tried to use the spreadsheets to figure out what I should claim for back, But Im just going around in circles and making a mess of it. Here is the orig agreement minus personal details any help would be really well received, The reason I have not claimed before is I totally forgot about it, Until when I was cleaning out the safe of old rubbish I came across all the paperwork at the bottom, that was on the 20th may.

Hi all. As the title suggests I'm struggling at where to start with my debts. Mostly obtained during life as a student, and snowballing charges, my debts were made worse through a couple of periods of redundancy (Jun 06, returning to work in Dec 06, made redundant again in Feb 07) a separation from my partner and the arrival of children! I've been burying my head in the sand now for years and through a combination of family life, work, and a certain degree of procrastination haven't faced up to these dates.....until now! I have a number of issues/questions and I would greatly appreciate any help in dealing with these. 1. Bank Account I have a closed current account with HSBC for which ownership has recently been transferred to MK Rapid Recoveries (?MKDP LLP / ?Compello). The outstanding balance for this current account is £1237 and the CRA entry shows this as having defaulted on 06/10/08. I did attempt to reclaim bank charges but, to be honest, I'm not sure what happened here - I was granted a hearing for the removal of the stay on 3rd Oct 2007 but did not attend due to (i) a breakdown in my relationship with my partner and separation from her and my 1 yr old and (ii) to being away on residential training with new employment over that date. I also moved house around this time and therefore received nothing further from the courts. I am currently in the process of trying to access my old claim via MCOL. I have made no contact with the bank since the incomplete attempt at reclaiming, or MK Rapid Recoveries, as I still believe that this debt is largely due to the banks unfair treatment and therefore contest this debt. I have recently started receiving recovery letters from MK but have stupidly ignored them. Can anyone offer any advice on this? How does my failed effort at reclaiming these debts affect my way forward? Is the financial ombudsman route still a possibility? 2. Credit Cards I have two credit cards, A and B. (A) defaulted on 11/01/09 and has a current outstanding balance of £2924. (B) defaulted on 14/12/06 and has since been transferred to a different company ©. Token payments have been made to these credit cards since I was made redundant in June 06. I continue to make token payments each month to these, although since being transferred the payments to (B) don't always reach ©, according to my credit reports anyway)?! Looking at Experian both (A) and © are listed twice, whereas they are only each mentioned once at Equifax - is this anything to worry about? There are 3 other Credit Agreements duplicated on Experian, whether 'default - satisfied' or 'satisfactory - settled', which are each only listed the once on Equifax. At first glance at Experian there appears to be 9 defaulted Credit Agreements!! 3. Store Card There also appears to be some fishy goings-on with regards to an old store card agreement (D) which I have been making token payments to since June 06. This agreement recently disappeared off Equifax, followed by a recent alert that a credit limit had been changed from £0 to £900. On checking Equifax, and more recently Experian, an agreement has re-appeared from (D) with a balance of £903, a credit limit of £900, acknowledging that I have had an agreement to pay since July 08 but repeatedly stating that I am 6 payments late? I received a default notice from the initial lending company in Nov 06, and again in Apr 07. In June 07 I received notification that the ownership of my account had been assigned to another company. I received another default notice on August 07. How many default notices can be given and from which one does the 6 year period begin. Why are there no references to any of these default notices with either CRA? On the upside I have been given some early inheritance and, whilst not a massive sum, had hoped that this would one day go towards a deposit on a house to hopefully provide a better living for my family. I am aware, however, that no mortgage lender would even consider me, especially in the current climate, with my current Credit Report and it is therefore necessary to put this inheritance towards clearing debts. Unfortunately it doesn't cover the total debt and I was considering making partial/final offers if it would mean I could have some of these defaults marked as settled. What are people's ideas on this and where do I start? What should be my starting offers be to my debtors? Although I started the claim for unfair charges against the bank, I haven't looked into reclaiming these for any previous credit cards, defaulted or not, or loans. Nor have I investigated being mis-sold PPI on any previous Credit Agreements. Should I start reclaiming charges, look into PPI or perhaps make offers to pay first? I'm guessing anything is better than burying my head, even though that would be much easier!! Thanks everyone who has taken the effort to read this - I'm aware I've written alot / asked alot of questions!! DD

Hello, I hope someone can help me. I took out an Egg credit card about 2001 / 2002 & I have received from BarclayCard a copy of the credit agreement. The copy they have sent me (which I presume must be the only one they have) is not signed by myself as I applied for it online and I cannot remember being sent something in the post to sign and send back. Is this agreement legally enforceable and if it's not what should my next step be? Many thanks in advance.

Hello - my partner financed a car for me last year. I was sold on this special offer specifically for the free insurance. I later found that I did not qualify for the free insurance despite the salesman assuring me I was (3 times but stupidly on my part not in writing). I now cannot afford the car with the additonal insurance I need to pay, infact the car has been off the road for a few months because I cant pay the insurance. I have read somewhere that If an agreement was not signed on the premises that it is unenforceable, is this rubbish or true as my agreement was not signed on the premises. I know that I dont have a leg to stand on as I did not get it in writing from him about the free insurance but if this was true then does this mean i can give the car back on this basis? I do realise that i am in this mess becuase of own stupidity which at my age i really am annoyed with myself about. but on the otherside of the coin they told me incorrect info to land a deal. In fact I conferenced call my partner in on the phone conversation where he said id qualify, but nothing in writing. Any help or advice would be greatly appreciated. Thanks

Hello, Folks Haven't been on here for a while but I am currently getting letters from Wescot about an alleged debt with Bank of Scotland (Credit Card). I asked them for a copy of the original signed agreement and confirmation that they are authorised to collect any alleged debt and they have written back saying. "Having contacted our client they have requested that you contact them direct..... Please enclose a £1.00 fee" So what do I do? My instinct is to ignore them or to say they have still not provided me with evidence that they are authorised to do this - anyone could demand money and claim to be acting on behalf of someone else - and say that until Bank of Scotland contact ME directly I will not consider that I've received any communication from them. Does this sound reasonable and within the Law - anyone? Thanks

Hello, I have come against a big problem with my current Mortgage lender. I originally had a Mortgage with Santader then to cut a long story short I lost my buyer. Found a new buyer who made an offered but subject to extending the lease on my flat. I was not able to accept as it cost 6k and I don’t have the funds, however the vendor of the property I was buying agreed to release 6k as a cash allowance in order for me to pay for the lease extension. Santander has refused to lend on that background as they saw it as the price of the property I was buying been reduced by 6k and didn’t see it as a cash allowance. I then applied for another Mortgage with Co-operative bank. During the Mortgage application I asked the sales person about 5 times whether it would be OK to have a cash allowance on completion. They confirmed that it would not be an issue, before agreeing to proceed to the final stage I asked them to double check, the sales person has put me on hold checked with underwriter (allegedly) and confirmed 100% it will not be an issue. ( the conversation was recorded) 6 weeks later, I am due to exchange on Wednesday the 27th June My solicitor written to the bank to confirm that we will need the funds to be transferred and to remind them about the allowance. They came back saying that they are not prepared to lend with the cash allowance because that means that the price of the property has been reduced. I called and complained and they said that they listened to the original telephone conversation and agree that it was an error on their behalf as the Sales person never checked it properly before confirming, however they policy is that they don’t allow any incentives. I complained further and they said that the Senior Underwriter will investigate now and they will get back to me on Monday the 25th to confirm what their decision is. My question is- is it really acceptable for them to withdraw the original offer ( as now they are saying they are happy to lend but for 6k less that original application because they don’t agree with the cash allowance) They basically miss-sold a product to me. If they told me before I agreed to buy their product I would have never agreed to take it as I was very specific that I only accept to proceed subject to my requested claw with the cash allowance. Is it legal for them now to go back on their word? I would really really appreciate your help!! Any advice would be much appreciated Thank you so much in advance!

Hi, This is a question about the correct process for me to apply for a Possession Order given the complex circumstances of the property's occupation. I am the new –since May- leasholder of a flat. It was only affordable for me because it comes with a complex occupier problem. Five years ago, when the property was inherited, the ‘tenant’ claimed to be regulated. From her figures, she was 12 when she took over the tenancy (she is currently 52.) That person does not live in the UK. I have a land registry document showing she owns a house in the USA. She is employed in a school in the USA and her name appears on their staff list. She has a Linked in profile stating that her work for the last 10 years has been in America. I have a screen shot of a facebook page where she says she is trying to earn extra money “to afford a trip to the UK in the summer as flights are really expensive.” She has not been on the electoral roll at the UK property for years –if at all. The property appears – according the current electoral roll –to be occupied by her nephew and his girlfriend. All information from facebook! The nephew registered a business at the property in August last year – as listed by Companies House. I went round to the flat and knocked on the door but got no answer. I popped a letter addressed to ‘the current occupiers’ introducing myself and explaining that I had no paperwork for a tenant in the property so could they contact me, by email or using the SAE, and let me know basic information about themselves – identities etc. their rent and any proposed leaving date etc. (it was a 1 page form with mainly tick boxes). I heard nothing so sent a recorded delivery letter to the registered company with a duplicate and new letter saying if I didn’t hear from them I would begin proceedings to gain possession of the property. I am not sure what notice to serve or possession order to apply for! As there is no Assured short hold tenancy it seems the Section 21 notice is invalid. As they did not forcibly gain entry they are not trespassers. The original tenant had no legal right to allow them a tenancy or license to stay – as she is not resident in the country. What is the correct process for evicting the occupiers? Can I apply for an Interim Possession Order for trespassers even though I knew someone was probably in the flat when it became mine – over 28 days ago? Are there any other grounds on which I can apply? Any help would be very much appreciated.

i have entered a domestic tenancy agreement but the landlord as not told he's mortgage company that he is renting the property out, it states in the agreement that to enter the said agreement he must be the sole owner or have a letter in writting from the mortgage company that he as permission to rent it out,,, it is not a buy-to-let mortgage,,,,he is also not paying hes mortgage!!! is the agreement valid as the landlord is in breach of contract, and that he knowingly entered the said agreement without telling the mortgage company,,, cheers

I recieved my credit agreement un der CPR 3114 however the signature in the copy of the agreemnet they sent me has been done by using CUT and PASTE i think ? of old signature which is slightly different than the signature in the credit agreement i have in my possesion. Can they do that? i am not disputing the credit agreement just the signature. any comments please?

Hi, this is the first time I have posted and would really appreciate some advice. My name is Stuart and have two questions. I am looking to apply for ppi refunds but I require certain information to proceed which I haven;t got. 1. I took out a vehicle finance agreement in 1999 with first national. The vehicle cost around £9000 and the account has been settled for years. Although I no longer have the agreement I do have a bank statement with the date the first payment was made. I can't however find any details for First National and need to know how I contact them and will they still have these records? 2. I also had a small business account with HSBC from 1998-2004. They have recently agrreed to pay me ppi payment on the account, but I also had several credit cards through this account and I no longer have the card numbers to try to get a ppi refund on them also. I used them to run my business and paid them in full every month around £600-1000 a month. I believe they took ppi payments from these cards and need get the numbers to proceed. Will the bank provide this information. Thank you and any advice will be extremely appreciated

Hi, Just want a bit of advice on a couple of issues if possible. My partner and i found a short term tenancy (3 months) through a private LL back in Feb 2012, we paid a deposit of £700. On moving out the LL returned £600 and when we queried this, we were told that a deduction was made for additional rent as we stayed '4 extra nights'. This would seem reasonable but for the fact that, when we enquired about staying on for '3 days' the LL said this was 'fine' and could we show prospective tennants around the property. There was no mention or agreement on additional rent, if this had been discussed we would have been able to make an informed decision as to whether to stay on or not. I would have also assumed this would have been paid (if discussed and agreed) up front and shouldnt have been deducted from the deposit. I realise this is only £100 but the money isnt the issue i have and as the LL has been very patronizing in his responses to my questions, i wondered if i have a case for making a claim. I subsequently asked the LL whether my deposit was held in a DPS to which he replied that it didnt need to be, as the contract was less than 6 months it was not deemed to be an assured shorthold tennancy. From what i have read this is not the case and all tennancies through private landlords post 1997 should be ASTs. Any advice welcome Many Thanks Red

Hi Everyone I am new to all these and I have a baby and not much time on my hands at the moment. I wonder if you could help me. I have a credit card with Barclaycard for around 7 years. I have not been using it for a long time but repaying the credit by small amounts (I have about £280 left). I had a PPI on it for several yers and canceled it. I am trying to claim it back myself. I was missold it when I was given a credit card as a purk to my account I do not remember anybody explaing to me about PPI and my English was not that great at the time. I wrote to the Barclay card to provide me my credit agreement on 23rd April and included a cheque for £1. About 3 weeks later they send ma a letter that they were dealing with my request. A week later I posted them another letter by recorded delivery reminding them that they obliged to provide me the credit agreement within 28 days. I have nothing from them. What can I do next? Thank you very much for your time to answer me Vita

Hi I wondered if someone could help me? I've had a Homecare Agreement with British Gas for 5 years. I consider myself to be have been a good customer during this time, as I always pay on time, but I have needed to call them out around 1-2 times per year. Just over a year ago, they told me my central heating system needed Powerflushing, after I had a pin hole leak in a radiator. They said I could get this done with any compnay, as long as I had proof. However, if I didn't get this done, I wouldn't be covered if any more radiators developed a leak. I did get this done in Feb 2011 and had a Magnaclean fitted with another company and I have a certificate and the receipt to prove it was done. Now I've had another radiator with a pin hole leak, but they are refusing to replace it, even though I can prove I've had the Powerflush done. They are claiming that the Powerflush was done incorrectly and this is why the radiator has leaked. They are also claiming that the inhibitors added after the Powerflush should have stopped the radiators from corroding completely. I disagree with this, as surely once corrosion has started, it can only be slowed down? They have also said that the water inside the radiators was orange (it was slightly, as I saw it) and that there was a lot of sludge in the radiators. Again, I saw that there was some. However, they failed to ask me if the central heating had been switched on recently (it has been switched off for 4 weeks). Surely the lack of use would have caused some sludge to be in the system? Basically, I'm not sure if BG are trying to pull a fast one or whether the Powerflush hasn't been done correctly. Does anyone have any suggestions? Many thanks for reading.

Hi All, can anyone give me some advice on my legal right regarding the below please? I have a standard tenancy agreement with 6 month break clause (1 month notice) a the condition that "the heating in the flat is not enjoyable for the Tenants as mutually agreed by the Landlord and Tennant" This clause was put into place as the flat don t have central heating neither double glazing (back in 80/2010) - following cold winters I have requested in several occasion to have the window replaced or for a secondary double glazing to be put in place but nevertheless the management agency attempts to insulate the flat with other cheaper solution no much did improve - secondary double glazing were not put into place as the landlord want to sell the flat this summer. Due to the very low rent I still have put up to live in the propriety and to pay more on heating to try to keep warm. This anyway did result in me been ill constantly and having to take time off work consequently. Following been diagnosticate with Cervical Artois and Chronic Sinusitis I have tried to give my notice as I did not want o jeopardise my health any further. Unfortunately the Management agency don t agree with us giving notice and they are stating that now is warm. I am challenging that in the break clause isn t specificity that the temperature has to be agree to be enjoyable or that I have to allow additional time for repairs as this "has already been mutually agreed" Can anyone give an opinion on our right? Many thanks