Hi all, I am looking for a bit of guidance. I have attached Photos of all letters. I will start from the beginning.... once upon a time- On the 7th of April I received a letter from "Hamptons Legal" saying they are the pre-litigation department of "Lowell". They were asking for an immediate payment to "Red Debt Collection Services" please find a copy of the letter bellow - As you can see I have 3 different company names on that I replied with a request of CCA to "Hamptons Legal" on the 15 of April please find copy of letter bellow- On the 23rd of April I got confirmation from Lowell of the request. And they informed me they were contacting my original lender. On the 24th of April i got 2 letters from Lowell; Said was exactly the same as the one i received on the 23rd of April Said they had been in touch with Barclaycard and they were trying to retrieve the document from their archives On the 6th of May i received another letter from "Lowell", saying exactly the same thing as number 2 letter i got on the 23rd of April. Copy of letter bellow On the 12th of May "Lowell" got in contact again with me with another letter this one saying they are still waiting on Barclaycard, though this letter was slightly different to the ones i received on the 23/04 & 06/05. As this one said under the We're Here to Help heading - they won’t write to me again until they have a copy of the agreement (helping my filling situation defiantly). copy of letter bellow Then on the 5th of June "Lowell" contacted me saying that Barclaycard couldn't get a copy of my credit agreement due to the length of time since the account was opened with me. So they were closing my account and not making any further contact unless a copy of the agreement is produced by Barclaycard. copy of letter bellow I then didn't hear from Lowell till today 17th of July. This is what i received - I won’t short hand any of the document as i don’t want to mislead anyone and get the wrong advice so il take a couple of key quotes out of it and you can find a copy of it bellow. "Your Original creditor has provided us with the attached reconstituted copy of your credit agreement" "which they confirm you would have signed prior to the granting of credit to you" "we are not obliged to send you an exact copy of your signed agreement" "we are also enclosing copy of statement for your perusal and retention" "the outstanding balance show on these statements does not match that of the outstanding balance. This is due to the fact that they are only up until 15th December 2011 and our account was opened on the 2nd of May 2012." "As we have now fully satisfied out obligations required follow your request under section 77/78 of the consumer credit act 1974, we look forward to receiving your proposals for settlement of the account within the next fourteen days" Ok so the document Barclaycard have sent me - To start with the documents are dated the 12th of May 2014. So Lowell should of had them before sending me letters saying they where closing my account unless a copy of the agreement was found. It is then a cover letter then a contract followed by copies of statements. Photos of the documents are attached. The cover letter is attached - The contract has the right to cancel paper with it bizarrely an other than that it is blank tho in small print at the top it has my name and a old address. i have taken photos of it and attached them. The statements are card statements from Dec 2010 to Dec 2011 --------------------------------- Sorry for the bombarding of information i just figured i would rather get it all down in one hit then keep uploading a document here or there. So what do I do now? In my eyes what they have sent me is a complete load of rubbish? But I am no expert at this so I am hoping you guys can help me out. Thanks in advance for all your help!! If i have made any silly mistakes please let me know David

Hi all I am currently 22 weeks pregnant and have been working for my employer since September 13. I am a surrogate and underwent IVF for my intended parents. I had a lot of problems with bleeding during the first 12 weeks which was really stressful and worrying. I work as a bookkeeper in 2 offices (Office A&B) using different software in each, in one of the offices (A) I have had no problems at all, in the other (B) I have been told I am making constant mistakes and clients are complaining about me. The director in office B and the manager talk to each other but not to me and have made me feel completely like an outsider. I spoke to the main director of the company saying I was concerned I was making these mistakes and I would lose them clients like I kept getting told. I told him of the issues with the manager in office B, he told me to not let her get to me and to stand up to her. I was called to a performance review meeting in office B where the director said I would be monitored for 6 weeks and to think of why I was making so many mistakes. I told him I had not been given sufficient training on the software in office B and was doing perfectly fine in office A. I was also given written instructions on each bookkeeping job by the manager in office B which every time I completed a job she would give the job back to me with a long list of review points saying I had done it wrong and the written instructions would have to be changed time and time again. I was told in this performance meeting to write my own notes and to think of ways to improve my performance. I emailed this director and asked if we could change the software in office B to what I used in office A to eliminate problems. I never got a response. My employers are aware I am pregnant and that it is a surrogacy and of the problems I have had and the numerous emergency scans due to bleeding. I was called in to the directors office 2 Fridays ago and told that my performance review would be on the Monday and that he would be bringing the HR and I was entitled to bring a representative with me. I asked him if I needed to, he said No. I took a colleague from office A with me and I was offered a settlement agreement. It was stated that as they are aware I am pregnant it would probably be hard for me to find employment therefore have offered me a tax free lump sum which would not total 4 months wages therefore not enough to cover me for the last 4 months of pregnancy. They did say I do not have to take the offer but if I dont, then if a vast improvement in my performance was not evident in the following 2 weeks they would start formal proceedings on me. Sorry for the long winded post but needed to inform of the background. I'm now to see a solicitor but don't want to go in with no knowledge at all. Can anyone help please? Thanks

Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back

Hi all, We recently moved to a new house after being issued a S.21 (because the landlords want to sell the property). We vacated the property within the 2 months and are now in our new place, and tomorrow our previous landlords are coming to inspect the old house which we've had professionally cleaned. There were a lot of problems with the property whilst we lived there, such as damp, water damage and bricks falling out of the wall. I have a feeling that when she comes to see the property she will say that she'll release our deposit (because she does things like this, she doesn't like confrontation, and will text us later) - so is there any document I can use/print (like a contract/agreement) for her to sign so that she can't go back on her word? We will also be taking a friend with us as a witness. TIA

I recently signed up to Brighthouse just to buy a hoover with weekly payments. I have since discovered I could get it elsewhere as my credit rating isnt exactly that bad. Anyway, after a month from an original payment, I still have not received the goods and I am being bombarded with calls to try to get me to pay my next installments. The first problem I have is that I am paying a rental agreement for an item I don't have yet because I did not supply one proof of income that is provided in my wifes name and because it is in my wifes name they want bank statements. I have spoken to the staff at the store and stated that I want to cancel the agreement for a full refund as I can't see why I should be paying for something I don't have. I even stated that I would come in to the store a week later to process a refund although I do not know why I keep getting calls daily (4 or 5 today so far). The calls are all automated and I know brighthouse have the option to suspend accounts as you can have "payment holidays" where you do not hold the goods. Can anyone provide me with advice before I block their numbers? Thanks

Hello All, Can anyone help me with analysing the attached recon agreements. They are for a Barclaycard credit card agreement from Oct 2006. They were provided by a DCA and are subject to a court case at the moment. There are a total of 7 pages. So far I have found the following errors with the docs, when compared against Carey v HSBC 1. The cancellation notice on page 1. Doesn’t comply with any such notices as per Statutory Instrument 2004 no. 2619 The Consumer Credit (Miscellaneous Amendments) Regulations 2004. 2. Both agreements have the incorrect heading. 3. The second one states - The agreement is between Barclays Bank PLC and You, the person who signed the agreement as shown on the attached letter!!! 4. Condition 1 is missing on both of them. 5. Also, On the top left of page 2 of the first agreement is a date and time 26/06/07 3.40pm and In the second agreement it is 22/09/09 19:08. Surely this can't be the t&c's at inception which was Oct 2006. 6. In the first agreement, the front page in the section headed TOTAL CHARGE FOR CREDIT. An example of a standard balance payable equally over 12 months states that the total charge for credit will be £138.44. This works out at a rate of 9.23% and not standard rate of 17.9% quoted in the first box of the same document. (138.44/1500x100) Anyone know how this is worked out, as it is a prescribed term, my understanding is that it cannot be misstated. 7. In the second agreement the third box top left for APR states - Not applicable see below and in the bottom left the box for total charge for credit states Not applicable see below The DCA reckons that barclaycard advised them that i signed the agreement even though one was never ever presented to me even when I queried it several times in 2006/07 Would be grateful for any input regarding enforceability and any more errors especially in the prescribed terms. Thanks for your help

Please help, I bought a car years ago via Credit acceptance Corp uk but defaulted on it. the car was repossessed and I was paying Capquest a monthly amount I could afford, but then the debt was sold to Marlin. They would not accept an amount I could reallisticly afford and told me it was not their problem. I have now received notice from Northapton CC That Mortimer Clarke have issued a claim against me for £4500 plus interest totalling over £11,000 in total. The original credit agreement stated that my £250 deposit for the car was used as £1 vehicle deposit and £249 towards PPI. Can I use this as a defence that the debt is unenforceable due to the agreement being unlawful. Any help would be very much appreciated. Thanks in advance.

Hi all! I maybe putting this question in the wrong subject? But me and my husband are wanting to renew our tenancy agreement for renting a flat and want to do another year. But want to know wot happens etc... we also have to pay a fee of £60! We don't mind that but want to know what they do with that money? Our landlord lives a long way away so we mostly have the agency look after us so we just want to know what we have to do to say we want to add another year on... thank u all and have a LOVELY Sunday!

Hi I need a new tenancy agreement for a standing tenant taht is always up to 3 weeks late with the rent. Does anyone have any templates that can be downloaded Thanks Mike

Hi there As a result of severe mental illness from between 1990 and 2008 i ran up many unsecured credit card debts. I have no memory whatsoever of signing any agreements. I recently asked cabot for the original credit agreement and they said they did not have it. They tried various bully boy tactics to make me back down and start repayments. This debt dates back to 2003. Eventually they agreed to write off the debt. I am now in negotiation for the other debt collectors to do the same. A company called Robinson Way have sent me a photocopy of an advance application form and agreement. It doesnt have a letter header. There is a signature but it is not dated by the signatory. There is typing on the bottom of the photocopy that is dated 2nd Dec 2003. I have no memory of signing this. I have asked them if they have the original and they dont seem to want to answer. Is this advance application legal as it has not been dated. What are my options here? If they dont have the original agreement, what can they do? I am well now and trying to rebuild my life after years of terrible mental distress. Over the years, my family and I have literally been terrorized by debt collectors. They were told by the CAB that i was deemed a "vulnerable" person and should not be contacted by phone and home visits. Despite of this, they have made our lives a misery for over 8 years. These debts occurred due to my severe mental illness. As I said, Cabot have cancelled one debt because they did have the original agreement. if the other companies do not have it then surely they should also have to cancel. Many thanks If they have the original but its not dated, is it enforceable?

I have had a letter today, after a phone call before the letter arrived from Fredrickson International DCA asking for payment on a MBNA credit card. I don't recognise the number and am very suspicious so I will be requesting a copy of my argreement etc asap. However they have also sent me a default notice which is odd because this is the first I have heard from them. Apparently MBNA assigned the debt to them on 2/8/06 which is news to me. Can they do this?

I took out a credit agreement with Santander Finance in 2010 for a 3 year car loan with the usual balloon type payment/return car option at the end of it. However, I wanted the car for a further year and they agreed that I could extend the agreement for a further year. They sent me a form which had to be ticked and returned and a document entitled "Agreement modifying a Credit Agreement" which had to be signed and returned by 2/4/2013. Unfortunately I overlooked this and failed to return it as I had a lot of other things going on at the time and I got a call yesterday stating that they had terminated the agreement and were taking steps to repossess the car. Has anyone experienced this? I have not missed a single payment and the documents they sent me said nothing about failure to return them in time would lead to these steps being taken. I assumed the Direct Debit would continue regardless and the money was there for them to take it. I have written to them yesterday quoting the OFT Unfair Relationships Guidance stating that that the Agreement is a related and linked one to the one I have already signed in 2010 and that termination is unfair. Any advice gratefully received

First of all hello, just recently found the forum. Oh, I have been so so silly. I bought a caravan on HP in 2008 over 60 months, last year I sold the caravan and didn't get enough for it to pay off all the loan. I know now that I shouldn't have done this, that I could have let them take it back as I'd paid half the loan. I feel so stupid, but I really didn't know this, and I didn't realise I couldn't sell it on either. I've made such a big mistake. I have never defaulted on the loan payments, I'm still just about managing to pay everything I owe (there are other debts too) but it's tough as I'm a single widowed mum with two kids and I"m a full time student, so just about manage to meet payments by using my student loan etc too. If anyone has any advice how best to manage this and get myself out of this pickle I'd appreciate it. I'm a bit scared now I know I could be prosecuted for selling the caravan with outstanding hp, I have no idea where it is now.

Any views on this welcomed. When i bought my new car 4 years ago I took out a service plan through Essex Ford that i paid monthly. I now have a problem because i cancelled the service plan over the phone back in February but they never cancelled it their end. I am due a refund and should have had it in accordance with the terms of their contract by the end of March. They have now cancelled it and say I will get my money by the end of June. It is nearly £300. They admit their mistake and that they are in breach of their terms but wont pay up any quicker. Is this sort of agreement covered under FSA rules and can I complain to the Ombudsman?

Hi, Can anyone advise me please. I have been renting a house since Feb 2011. I have always signed an agreement every six months. When I first moved in I asked the letting adviser about notice periods and she said that the first six months is a set contract and after that it's a months notice on either side, I have checked this several times and when I signed the last agreement in the middle of February this year I told the lettings adviser that I had had an offer accepted on a house and would be handing in my notice during the next couple of months, I asked again that the notice period was 1 month and she confirmed, I then asked about whether I needed to hand the notice in on a particular date in the month and she said no if I handed it in on the 15th on one month I would be charged to the 15th of the next month. I received a completion date for the house last week and handed in my notice on the 23rd April. The letting agent has now told me that I am responsible for the house until the 21st August because I signed for 6 months and the only way out of this is if I pay a £60 re-advertising fee and they get a new tenant to take on the house. Can anyone advise please.As this is potentially another 3 months rent etc i'll have to find and I can ill afford it.

Hi, I need some advice please, i know u must get many saying this each day so understand if it will take a while to reply. Unfortunately i had a judgement placed upon me by a debt collector, i was very unwell at the time and i stupidly just ignored it as had more important things on my mind, plus medication at time gave me little energy to even fight this. This is from 2011. I now only felt strong enough since late last year to try and fight for it, i asked the company in question to prove that i owe this debt, they claimed they were having trouble locating my file and they would need more time, this went on for about 7 months. After i sent template letters asking them to remove it off my credit file because they cant provide evidence, they took months again to bother replying as they claim there legal team is looking into it. They finally got back to me stating : As Judgement was granted on 15 May 2011, we are no longer required to provide to you any documentation relating to the debt. Im confused as previously they said they would and that they are trying to locate it. Does anyone know what i need to do next? Going to Court will be quite stressful for me but i guess it will be the only way to ask for it to be set aside as it seems the debt collector is now refusing to now cooperate thank u Jayne

Well, I believe there maybe a few people in similar situations but I don't wish to intrude on other peoples threads. Where to start, well I hate them! I had a 3 years interest free loan agreement through Creation via Ultralase. I started travelling 6 months into the agreement but always made sure that I had sufficient funds in my account to meet the monthly payments. No problems for the first 2 years then it all came tumbling down..... 1 month (march 2013) I did not have sufficient funds to pay, I was unaware of this but kind of knew I was low in my account any way, so later in March I transferred over enough money to pay for the next months and shortly after that I transferred enough to pay for the next 4 to 5 months. It was not until I checked my online account a couple of months after to see if i need to put more money in my account that I noticed nothing had been withdrawn via DD. I tried to get hold of creation via phone which was hard in Australia, and also sent 3 emails to them before I finally got a response. The said they cancelled DD because of non payment for March. I explained why I never new about it and basically that does not matter and they told me that my payment to bring account out of arrears was £850 give or take. So basically it was £110 I pay and according to them it was 3 months missed payments, the march one and the following May and June so they are charging me £520 in penalty fees. The only reason I never paid may and June was because they cancelled the DD which I was unaware of, as I did have money in my account to pay for them. Now I have collection agencies knocking at my door and it has destroyed, what was, a perfect credit rating. I have tried to reason with creation but they say its in the hands of collection agencies and when i speak to the collection they say they cant sort that out, speak to creation. I dont mind paying a late payment fee for March but not what works out to be £170-180 for it and I certainly do not want to pay fines for non payment after they cancelled DD. Any help or advice for this very stressful situation would be amazing. thanks for reading, sorry its long and maybe confusing

Hello All, Please could I have your valued opinions on this credit agreement. Would you say that it is a multiple agreement or not?

Hi everyone as I'm new to the forums I hope I'm posting in the right place. My problem relates to a verbal agreement made when I bought a house in July this year. My offer was accepted in June and there were 2 other parties above me in the chain. I was renting privately and had to give a month's notice to vacate. The sales negotiator who was dealing with the house I was buying was aware of this but regardless called me on July 12 to say the other parties would like to exchange contracts on July 19th. I explained that as I had to give a month's notice, I could only exchange contracts towards the end of August as I was not prepared to pay rent and a mortgage in August. He phoned back shortly thereafter and suggested that if the 3 parties were to split my August rent (£750 so £250 each) would I exchange on July 19th. I agreed to that but unfortunately did not get my solicitor to put it in the sale agreement. What has happened since then is that the other parties have moved to their new homes and the sales negotiator I was dealing with has left the company. Fortunately I had emailed him on July 16 after I agreed to his proposal asking him to confirm with the other 2 parties how and when they would pay the £250. He emailed me back to say that he would arrange to collect cheques made out to me from the other 2 parties and then contact me to collect them from the agencies offices, so there is an email from the company email account confirming this arrangement. I have written to the company explaining this, and enclosed a copy of the emails between the sales negotiator and I, but the director who replied to me by email confirms he was aware of the arrangement but insists it was a private arrangement between me and the other parties and nothing to do with the agency. The party I was buying from I had only met once when viewing the house I bought and the 3rd party I have never met let alone spoken to. Do I have a case to take this company to small claims court for £500 (being the £250 from each of the other 2 parties in the chain)? Apologies for the long post but I felt it important to explain the whole situation so as to hopefully get some accurate replies. Any advice would be most appreciated. Thanks summer

Hi, I am trying to help a family member to sort out old PPI on AVCO (associates) loan. I did send for SAR and they say there is nothing (the loan was paid in 2000). I have all the bank statements showing payments to AVCO and closing account statement with a small PPI rebate. I need to figure out what was the ppi amount on the agreement. I believe that the amount of PPI was pretty much a standard percentage of the loan amount. May be someone had the loan at the same time and have an agreement with figures? The APR interest at the time (loan taken in 1994, another one in 1998) would also be very helpful. Thanks in advance

Hi there, Bought a car from Car Craft last week and very disappointed with the service. Extended warranty sold under false pretenses and the service light is showing on the car, which likely also needs a new cambelt. We have now applied to cancel the guarantee and so the finance agreement will need to be reformulated. As far as I am aware, we have no obligation to sign this new agreement and should be able to return the car to you instead. Please advise if this is incorrect. Thanks Laura

We have an agreement for the rather unusual term of 7 months - it's a Fixed Tenancy Agreement with a letting agent. We moved in on 1st November 2013 and our bedroom window became very mouldy back in January. We weren't just putting up with mould, but also with "mushrooms" that were growing in between the outside single glazed window and the secondary glazing unit. The mushrooms would squeeze in through the secondary glazing and drop onto the window sill. We took pictures and emailed them to the agent stating it was a health & safety hazard and that both of us had had bad chests as a result of breathing in the spores during this time. It is now 13 March and whilst they've sent a couple of workmen over to evaluate it, work still hasn't begun. We dread every time it rains. We now wish to leave a month earlier than our agreement. The contract states the end of the agreement is 31 May 2014. Can we leave earlier on the grounds that the works still haven't started and the mould is still there? We don't wish to risk losing our rent paid in advance or our deposit of £1,150.

Hi, I have finished my useless stint with Ingeus and referred back to JCP. My JCP advisor changed my jobseeker agreement from part-time work to 40hr a week with immediate start. He also said I have to look for work 40 hrs a week inc. weekend and that I must log into universal jobmatch everyday to do this. I explained there was a reason I am only looking for part-time work as I have caring responsibilities i.e look after my teenage daughter who has special needs. He ignored me and printed off a list of work seeking activities that I had to do - which I was OK with as it was less than I have been asked to do in the past - once I signed that he gave me another sheet of paper that stated the 40hrs a week work, I told him I was not signing it as I had caring responsibilities, he told me that I had already signed and stapled the two sheets together to make it look like I had agreed and signed to both! I told him in no uncertain terms that it was a dirty trick and was disgusted with him. Where do I go from here as I could not possibly work all those hours and even find it difficult to look for work 6 hours a days 7 days a week due to caring for my daughter? How are people getting on with the weekly planner? - it looks like a tool to sanction people to me

Hi all, I've been fighting a case with Optima Legal over the past 4-5 months. To quickly bring everyone up to speed, heres what has been happening. CPR 31.14 request sent 7/11/2013 Extension agreed until 01/01/2014 (as no paperwork arrived) Filed a "holding defence" with a N244 order on 01/01/2014. Order was accepted, Optima Legal given until 24/02/2014 to comply with CPR 31.14 request or the claim would be struck out. Documents turned up on 21st. I now have until 17/04/2014 to submit my defence. Basically, the documents they sent were the following: A reconstituted copy of the Credit Agreement This has NO signatures on it, I do not think I ever signed one (this is for a catalogue company shopping direct, perhaps why it took so long to arrive). A copy of the Notice of Assignment from Shop Direct Finance dated 02/11/2010 A copy of the Notice of Assignment from Capquest dated 2/11/2010 Account Summary of transactions A copy of Judgement HSBC Bank PLC V Carey (2009) EWHC 3417 (QB) and A copy of Judgement of Lombard Northern Central PLC v Power Hines (1995) There was NO default notice supplied. However I have been informed from another forum that the The Lombard v Power Hines case will be quoted to cover the lack of default notice and that my best chance would be through the reconstituted credit agreement? I really do not think I ever signed one. If I recall rightly they use to send the first lot of goods with the credit agreement in but I never returned it. I have uploaded the credit agreement if anybody could please take a look and advise me of a possible defence? Also, if anyone is wondering, the account was opened 19/09/2008 according to my credit file. Thanks, Mike

hi, i need some urgent advice. I was due to let my flat this friday, signed the agreement, ready to move in with my partner. we have now split and i've been told by the estate agents i cannot back out. This will leave my homeless for the short term. Does anyone know what i can do about this? I know ill be inconveniencing the new tenants but there is really nothing i can do.