Hello all, I'm new to this forum and need help. I have a court hearing to set aside a store card debt which is of £174.34. The judgement was made against me as I didn't get the claim form , now I have a hearing on Monday. This morning I received a witness statement from Lowell solicitors who are Lowell portfolio 1 ltd's solicitors and they have attached a CCA agreement copy with my signature on it. The contract was taken in November 2006. It is not a full agreement on the page with my signature on it. I'm panicking as I have hearing on Monday, plz can anyone advice on CCA section 127(3-4) is in enforceable on my agreement. Any help would be appreciated, I'm nervous and very scared.

Asked for a copy of agreement, a CCA. A Santander credit card, being chased through Robinson Way, solicitors. They have sent a reconstituted agreement. This has NO date, nor my SIGNATURE. In fact, it is just a normal looking letter. I thought it should be at least a photocopy of something I would have signed. Is this a valid response to my request? Should a CCA request mean they send something with a datestamp, and a signature? I can upload their letter if it helps.

Hello, I'm looking for a little help if possible. I currently live out of the UK and have Lowell on my case, I contacted them actually as was in a payment plan and stopped it for a few years as was moving etc. Since I contacted them they have been horrific, wished I had just stayed quiet to be honest and I have paid more than my due as interest has been added over the years. I'm now in the mood to challenge. I have asked for proof and this is what they sent. Would anyone in the know look over this credit agreement if possible, I see a signature is missing but anything else and would you think it is enforceable? Many thanks in advance for any help with this.

I wonder if any one can help please. My son wen to buy a car from Evans Halshaw garage just as he started his new job with not more than £100 in his pocket . was advised that this is enough for the deposit to secure a finance deal. Paid the deposit of £100 on a £12k car and was told to come back and collect it a few days later. When he came back to pick up the car a sales manager went through some basic person information with him and briefly advised that the monthly repayments would be circa £250 pm. tried selling the insurance to which he declined etc ( the usual sales tactics to get you to buy all sorts of warranties and protection). The manager then went away to make a phone call and came back to say he got all approved and once all the documentation is signed he can collect the car today. At this point he then passed the file to an admin person in the garage and asked my son to complete the paper work. At no point any of the figures and charges were discussed with my son. Admin just went through some basic information again and had my son to sign a load of papers. After all was completed he was given the car and drove off with a complimentary 7 days insurance. As it happened my son lost his driving licence to drink driving 4 months later , lost his job and couldnt make any repayments. As I got involved he didnt have copies of the finance agreement. So after missing couple of payments we finally received notices of arrears and managed to speak to Motonovo ( this is when he realised he has taken finance with them). They kept dragging their feet with providing copies of the documents requested and kept sending unsigned copies. Then a few days later when the documents were finally received it was clear that the signature on the finance agreement wasnt my sons and also dated 2 days prior him even being in the garage. Complimentary insurance turns out to be with his wrong age ( they have indicated his 68 which I presume was to reduce their premium and i think this meant he was driving the vehicle uninsured?!). We have raised 2 complaints originally 1) to Evans Halshaw for mis selling the finance and not following FCA rules , falsifying signatures, selling insurance products my son declined ( they still put them on the finance agreement) etc. 2) complaint was made to motonova - paying out on antiimpersonated documents, not following fca rules ref provding documentation, not assessing affordability etc. Needless to say Evans Halshaw never bothered to respond. Motonovo finance played on the fact that they have done nothing wrong. We have gone to the ombudsman and so far it has been rejected twice and they support MOtonovo an we are looking to appeal further. The problem we have now is that the police has been after the vehicle as it was reported stolen by the finance company. They have been rude and threatening with obstruction to justice. Ombudsman are not interested about anything else apart from playing the broken record of he signed the agreement and obviously bought the vehicle and the only reason he doesnt pay now because he lost his licence and his job which is not their problem. My questions are: * Can police reposes the vehicle? or even get involved * can we report motonovo to the police for falsifying signatures? Any one got experience or had similar situation? any advice will be appreciated

Hi All, I had started a CCA process with Idem servicing with the OL being Citi Financial. I took out the loan in 2007 and have had a minimum payment going out. All payments have been stopped whilst my CCA request is in process. Idem promptly replied within the set time of 12+2 days with many copies of the signed contract with Citi financial, i just want to make sure that what they have sent is enforceable, if so should i resume my payments and send a F&F offer to them. I have uploaded the documents that were sent to me.

Hi all, I have send a request and got this agreement back. Can someone please tell me if its enforceable? and if so or not what is the next steps? Is there anywhere a guide on what to look for when its enforceable? Thanks a lot! Halifax agreement Page 1.pdf

Hi Guys Don't know if this is right area but, here we go..... Firstly thanks for all the helpful posts £60,000 of unsecured debt in default and 6 years down the line a clean credit history...... A friend has an issue he needs advice over:- Some time ago his limited company got into trouble. He was supplying the banking sector and when the banks crashed his customer base disappeared overnight, he mistakenly paid off his creditors leaving a overdraft of around £20,000. The bank could see he was in trouble and asked for a second charge on his property when his partner refused HSBC called him in and sold him a managed loan to pay off the overdraft. He maintained payments till last year form his own pocket as the business wasn't trading in any way. The current balance is around £4,000. His new accountant looking at the situation suggested desolving the company and this was done, at this time he wrote to the bank explaining the situation and notifying them of financial hardship, since then all they have done is tried to bully him into payment. He believes the original loan to have been mis-sold as affordability checks would have clearly shown he had no income (after all this was why he had been called into his branch), also the loan wasn't offered it was thrust at his as a no option situation. We have been through the financial ombudsman route but because the company doesn't exists as a legal entity they can look at this!!:mad2::mad2: What everybody missed was a Joint and several agreement, that he doesn't recall signing let alone having explained. This was signed by another Director and himself, he doesn't know the whereabouts of the other director having fallen out several years ago. The bank have now placed it to a debt collection agency who are attempting recovery of this business debt under the terms of the joint and several agreement. We have done a SAR and they do have the J&S although HSBC have admitted that they can't at this time produce the original loan agreement. My Questions.... 1/ As this is a business debt, are they able to mark his personal credit file? 2/ it is my guess that the J&S although legal is a civil matter and a court ruling (judgment) is required before his personal credit file can be marked? 3/ Is there any useable defence against the J&S? 4/ Being that he has personally re-paid 75% of this loan from personal funds could he tell them to get the rest from the other director who signed the J&S? 5/ Can we use the lack of loan agreement to default HSBC and stop recovery in the same way as we would for a CCA? 6/ Could any of his personal assets be at risk, without this going to court? Thanks guys, i know you will come through Regards Dave

Hi, My secured loan from Black Horse is now with Idem Securities. They are being very fair with their acceptance of our situation but insist on regular reviews. It was a secured loan. They are 3rd charge. I am wondering what legal rights they have 'inherited' IF ANY? However, when we tried many years ago to take out a secured loan they wouldn't touch us as the mortgage we have has a draw down facility on it. Also every now and again we get a month or two arrears on mortgage. The secured loan people never chased us. I was expecting them to try and seek repossession but it didn't happen. I din't ever think why but am now wondering how legal the secured loan from BlackHorse was to be secured as 3rd rank! Any advice welcome. From picking up on an earlier thread. We had several TSB loans repeatedly consolidated and then we were coerced into turning them into a secured loan; a 3rd charge on our property. (We have a mortgage with separate drawdown facility.) The loan is heavily in arrears. Idem took over and I did not query the original agreement or their ability to do this or indeed any miss selling issues. How can I check the validity of this transfer or the original lending criteria as I no longer have the original agreement? With this loan being secured, I have always worked with collection activities but our means are very limited and we cannot get anywhere near the contractual payments. The pressure of having to review the agreement so frequently is hard as our income is mainly disability benefits and very poor, fluctuating self employed income. It would be a massive relief if I could find out how legitimate the lending was as we had no choice but to accept a secured loan as TSB, back then, were threatening further recovery action if we didn't. Today such bullying would not have happened and a repayment plan put in place. Hope someone can advise me. Thank you

This week, I received response back from Restons for my Halifax credit card debt, for a case which is already in court. But in their response they provided an approximate date of credit card agreement and said '... Halifax card agreement entered into by the defendant on or around 22 August 2011...' Can they still get a judgement without providing an original date of credit agreement. They provided a reconstituted credit agreement with some dates at the bottom but they do not match with the date they mentioned above.

READ MORE HERE: https://www.gov.uk/government/news/mod-and-royal-mail-sign-new-agreement-to-keep-personnel-connected

In 2014, I was due in court for an alleged crime which was fitted up and racist. my wife and I signed to apply for LAA, and it was based on the earnings she was receiving as I was a poor musician. before the case date or I even had a Barristor, I had Rossendales harassing me to pay them £586. 00 per month, which I retaliated withe vitriolic replies. The case date was not set up until Oct, and by that time I had ignored all notices from Rossendales, and was going through nasty Divorce. As soon as I was divorced they started harassing me again, but I am fighting this tooth and nail because they have not bothered to go after my nasty ex wife, just me, and their insipid excuses is that I was the one who signed the agreement, my argument is that under the Consumer Credit act 1974, this is a joint agreement, hence both parties are responsible for the debt and the bailiff fees etc. They have visited my house and I received several letters with costs and threats to take control, to which I have vitriolically replied stating my case which seems to fall on deaf ears. I have made complaints through Resolve, and to Matrons and the LAA, which seem too have stopped the visits, and I have read all the anti bailiff blogs , and the law , but these seem to be a law unto themselves. Fortunately I have a partner with whom I am able to stay with, whilst I make my case, and can take evasive action, like purchasing my own wheel clamps for when I do have to leave my car on the driveway, when I am at my address. My question is : Am I right that the CCA agreement is a joint one, or am I liable for these ridiculous fees plus the LA costs?

Hello folks. I'm hoping for some advice on tenancy agreements please? Sorry for the long read, but I think I need to be as clear as I can. My son is at Uni and he and 9 friends decided they wanted to share a house. Being young and foolish, they all got pressured into signing the tenancy agreement, as they were assured they would lose it if they didn't sign quickly. None of them clearly understood the agreement and all of them required guarantors. I am currently guarantor for my son in his present, single accommodation, absolutely no problems there, but when I read the new tenancy agreement for the proposed new house, I raised numerous concerns and refused to sign as guarantor. Like many such, it is a joint and several tenancy agreement, but how any guarantor would ever sign one of those is a mystery to me. I am perfectly happy to take responsibility for my son's rent and actions, he's a great kid, but I would never agree to take joint responsibility for 9 total strangers. The guarantor agreement also stipulated a joint and several responsibility. I also noticed a number of clauses, in the main tenancy agreement, that caused me concern, and looking at the OFT site, there is a large section there, on this very subject, that seemed to bear that out, if I am understanding correctly? EG. There is a clause that insists (Not advises) that each tenant must take out insurance to cover contents and accidental damage to the property. There is a somewhat hidden clause, by way of a reference to a paragraph in a chapter of the 1988 Housing Act, that, once I'd managed to hunt it down, gives the landlord the right to give 2 months notice to the tenants to quit the property, but there is no such option for the tenants to do the same. There are 2 conflicting access clauses, one that states the tenants are entitled to peace and quiet and to not be disturbed by the landlord, and further down states that the landlord/agents can demand access at any reasonable time of day. There are others that I think are dubious too, but I'm rambling enough as it is, so those are the main ones. It appears to me as if the landlord has added amendments to a standard agreement to suit his needs. None of the other guarantors agreed to sign either, and based on that, all of the tenants decided it was a bad move, and wish to pull out, but they have already signed the agreement and the landlord is trying to force them to fulfill that agreement. I realise that they were foolish to sign the agreement in the first place, and that they should have ensured that they, or someone they could trust, had thoroughly read and understood it first, but are they now stuffed and liable? My thought is that the agreement is unfair and could be challenged if it comes to that, but how many unfair clauses would it take for the contract to be deemed unfair? We have spoken to the landlord to try and come to an amicable agreement, but he is now saying he cannot find anyone who will pay full rent (So much for the queue of potential tenants that forced a quick signature initially!!) and the signed tenants would have to make up the shortfall in the rent from the proposed replacement tenants in order to be released from the agreement. I'm also wondering, if it did go to court, would the students be eligible for legal aid in a civil case, as none of them are employed, but living on their loans. I hope someone can advise, and apologies again for the length of this question. Thanks for reading, those of you who have struggled to the end of this.

Hello In November I purchased a new car from Peugeot using Passport Finance. I paid a £250 deposit by credit card and was told my new car would be here at the end of January. I have still not received delivery of my car nor is at the dealers. in fact nobody seems to know where it is or when I can expect to get it. I have already received the V5 for this car and also the new finance agreement. I have had to pay my existing finance ( which is not a problem as I still have that car) but where do I stand with the new agreement that the dealer has already put in place even though I have not received the goods. Maybe I was a bit naïve as the dealer asked me if he could register the sale for January 31st to increase the branch sales figures. I was not told that this would automatically register me as the keeper of the car, nor set the finance in motion. From what I can see the car ( I tracked the vessel) was not even in the UK when he did this. I am being fobbed off by them and have now been told I will get a call from Peugeot Motor Co to hopefully resolve this matter?? Please can somebody help me. Can I cancel this agreement. Should I call the finance company and explain to them. I really am not sure what to do as I have been told that as I signed the paperwork on the dealers premises there is nothing I can do? Thank you all

Hi all, I have come across a thread on this site (unable to post link to thread as a new user, appears to be thread 359520) which after reading sounds like a very similar situation to my own, so I thought I would post here for some advice on the matter. I have a shorthold tenancy agreement, with a fixed term of 6 months. This started on 28/08/15, so therefore this agreement ends 28/02/16. I have informed the landlord that myself and my friend who share the tenancy will be moving out, and will be vacating the property by 27th February at the latest. 2 days after informing them, the landlord called me and stated that 2 month's notice will be required. Obviously this concerned me, so I thoroughly read, re-read, re-read again and also got 3 other people to read through my contract. The contract does not state anywhere at all that a notice period would be required. Literally all that is stated in my contract with regards to the fixed term is the following: Term - For the term of 6 months commencing on 28/08/15 No mention of notice period, no mention of what will happen at the end of this term. Nothing. (for what its worth, we signed a new agreement following on directly from another friend who had rented this house for 4 years before we moved in. To my eye, the contract just appears to have been typed up in a rush, fitting with the notion that the landlord wanted us signed on and moved in ASAP) This prompted me to get in touch with the Citizens advice bureau, who in turn pointed me in the direction of the tenancy advice team at Shelter. It was shelter who informed me of case law authorities Flower Vs Darby (1786) and and Cobb v Stokes (1807), and explained that if we are simply leaving prior to the end of a fixed term agreement, then no notice would be required. I am going to take my contract in to my local Citizens Advice branch tomorrow, to have another person read through my contract on the off chance that I am missing something, or simply not understanding some of the property/landlord jargon in front of me. Does anyone else have a similar experience of this issue? I just want a bit more advice and backing before I meet with the landlord this coming weekend. Certainly do not want to look an idiot bringing this up with the landlord. Finally, the thread I linked to above has a comment quoting a guideline from The Office of Fair Trading (OFT) has issued Guidance on Unfair Terms in Tenancy Agreements (OFT 356, September 2005). The Guidance states as follows: “3.78 A tenant is not required to give notice to bring the tenancy to an end at the end of the fixed term. That is because a fixed term agreement comes to an end at the end of the fixed term, and no periodic tenancy will arise if the tenant then leaves. We appreciate that landlords will want to ensure that their properties are not left empty between tenancies, but object to terms that impose a contractual obligation on the tenant to give notice in order for the tenancy to be terminated at the end of the fixed term…” Beyond the fact that the landlord has neglected to mention anything about a notice period on the contract, are all UK landlords subject to the guidelines stated by the OFT? Again, any advice here would be helpful. Thanks for reading!

Hi, I have gotten copies of my credit files and I agree with most of what is on there. However, there is a debt which is currently owned by Lowell for a telecoms bill. The bill was for 02. I ordered a phone several years back and there was a problem with the delivery, it ended up going back to 02 and I cancelled the order as I thought the service was rubbish. I got a phone from tmobile instead. So I have just found a Lowell debt for nearly £1200 on my credit files. Can I complain to Equifax etc? As I never had the phone it would not have been used and there is no way I would have run up a phone bill that high anyway. I have tried emailing Lowell but they are fobbing me off with "the creditor has given them permission to collect the payment from me". Thanks in advance.

I'm new to this site just wondered if anyone could help me on how to obtain all my original loan credit agreement from Halifax bank as I've done so in writing before and they've only given me 3 pages out of 13 Thank you

I just thought I'd post list for your chuckles I noticed a Default on my credit file. So wrote to Lowell Group requesting CCA etc etc. Finally got a letter from Naturally Close (Lingerie catalogue) I'm a man, and not that way inclined! Anyway, Naturally Close quoted "The Account was originally opened on 18th Feb 2007" and "We are under no obligation to supply you with a signed copy of your agreement at this time. However please find enclosed a Reconstituted "True Copy" of your agreement allong with the terms and conditions..." blah blah.. Firstly, no such agreement has been signed by me, so unsure how it can be a Reconstituted "True Copy", and secondly, the address on the copy is my current address. I wasnt living at my current address in Feb 2007, nor was I for at tleast 4 years after. They sent two different copies of the "CCA" Page 1 of one "CCA" states 39.6% interest. Page 1 of the other states 36.9% Both with the incorrect address for when the agreement was taken out.. Funny how when I brought this to the attention of Lowell, and have been chasing them weekly for 6 weeks, that they dont reply. I've just opened a case with the Financial Ombudsman.

I was recently informed that 4 colleagues where asked to work the night shift Xmas Eve and where told that if they worked it they would be paid a bonus plus time and a half for the hours worked. The 4 staff have now been pulled into the office and told they wont be paid the time and a half for the hours worked nor will they get the bonus promised but have been told they can take the day they worked back as holiday. Now one could say that as there was no one else round it is their word against the companies however the person who made me aware of this issue also did the Xmas Eve Shift was told the same thing and was paid the bonus plus time and a half He is going to bring in his wage slip for me to copy before I raise the issue with the PM I would assume that faced with the evidence of the additional payment to one colleague the company would be obliged to honor the agreement if not what is the redress? Regards Bill

Hi all, I know there are a lot of us out there trying to get things sorted with old PDL debts that we have, and in many cases we seek the help of FOS. However I had a PDL from trustedquid back in early 2014 for £150 which I defaulted. there was no way on this earth that FOS would write if off so I contact them directly and today we have agreed an arrangement where I will only repay the original loan over a period of 5 months upon reciept of the first payment they will remove any reference to the loan on my credit files. It was tricky to get this agreement as they would be worried about me not paying anything once the debt was removed, but when I reminded them that they can re-instate the debt at any point the agreement was made. I know some of you will say stupid boy but I feel this is the best that could have come of it. Thought I'd share this with others out there looking to tidy up their credit files as this could be another option for you.

BANK - barclays & 1st credit PROBLEM - Barclays sold my UK debt to 1st credit and I now live in Spain INITIAL LOAN AMOUNT - £4900 AMOUNT OWED / REMAINING - £3509 LOAN START DATE - 10 FEB 2012 LOAN TERM - 60 months LOAN MONTHLY REPAYMENT AMOUNT - £106 reduced to £5 COLATERAL - None REF: Barclays sold my debt to 1st credit against our agreement when no payments where missed or late. NB My situation can be classified under 3 forums and I have posted this message under 1st direct, barclays and debts abroad. My apologies for any confusion. Hello Everyone, I took a loan for a car in England to do my job as a support worker for children and adults with disabilities. The loan amount was £4900. In December 2013 I went to live in Spain perminantly and do not have a source of regular income. In August 2014 I was unable to continue repayments of £106 and agreed with Barclays bank by telephone to reduce my repayments to £5 per month for 12 months, to be reviewed 12 months later. I paid all these repayments fully and on time. 12 months later, in August 2015 I contacted barclays by telephone again and agreed to continue repayments of £5/month for another 12 months until August 2016. . I paid all these repayments fully and on time. I received a letter on 12 November 2015 (dated September 2015) from Barclays stating that- - they (Barclays) have "transferred the debt you owe us to a company called 1st Credit Ltd" and - "1st Credit Ltd will contact you to complete an income and expediture review to see what you can afford to pay after a minimum of 3 months" and - to cancel any standing orders to Barclays I made a payment of £5 on 12th Nov 2015 online using the 1st Credit website. I shall make another payment using the 1st credit website of £5 on the 3rd December 2015. I will continue paying £5/month. I would sincerely be grateful for advice and have some questions I would like ask: * I have read on the internet that the UK is stopping people at airports from leaving the country and demanding repayment or prison. This frightens me because I am going to visit my family soon (they payed for my air tickets). Would this affect me? * I live in Spain and do not have either a telephone number or a postal address so: -how are 1st Credit going to telephone me to "agree a repayment plan"? - they only have my email address to which they have posted 2 messages, one as a payment confirmation of £5 and one as an "Introduction to 1st Credit". I have not posted any emails to 1st credit. * Barclays sold the debt to 1st credit and broke the repayment agreement whilst it was still in effect. How do I stand in this situation when the agreement as made by telephone from Spain? * I dont want to be bullied and put under mental stress by debt collectors. Will they try to chase me in Spain when I am continuing to make payments of £5/month? * Will 1st credit chase my family or partner's family for repayments? NOTES: *I have limited communications and no motorised transport, so phone calls must be done by cycling to the nearest town. *I cannot receive phonecalls. Internet / email communictions must also be done using an internet cafe in the town. *I have absolutely no colateral, no vehicles, no property, no savings / investments, no jewelry and I am not married by english law to a person with any colateral. Thank you all for your help. Love and Light.

I am posting this on behalf of a friend so please bare with me when im answering as I have to double check before I post replys. A letter came through the post this morning from County court money claims centre giving claimants name and address and listing myself trading as my company name with my address as the defendant. I knew nothing at all about this. They are claiming £414.90 plus £50 court fees for services rendered by the claimant for advertising charges on menu booklets. The defendant has failed to make the payments due on their account. The particulars state 'The claimant contacted the defendant on a number of occasions regarding the balance however no payment was recieved'. This is where it gets a bit odd. They claim I am the defendant and that I signed the agreement , they have contacted me on numerous occasions requesting payment. However, on the agreement they have provided as proof it has my company name and my company email address (which I have only now got back because my ex changed all my passwords), my ex girlfriends address, my ex girlfriends name, her telephone number and her signature signing herself as company sec. She has never been company sec or had anything to do with my company may I add. I contacted her and she admitted taking it out and signing it, she had even paid the first two payments out of HER personal account and has offered her statements to show this, she said she was trying to be nice and get more business for me. I knew nothing of this and because we have split up she has stated she is not paying no more and refused to deal with them so this has now landed on my doorstep . Do I owe this money seeing as I know nothing of it?, I didnt sign anything, I paid nothing etc. I have sent in the acknowledgement of service stating I wish to defend this however the place where they have registered this claim is over 300 miles away from myself and I cannot travel up there so will need to do it all online. Thanks

So friend has a mediation agreement in place with a creditor which was reached via court service mediation so claim did not progress to hearing or judgment. They are having trouble with the payments due to recent ill health however creditor won't agree to reducing these. I know if it was a CCJ it could be varied by application but must admit I have no idea if this can be done under the current arrangement... Any advice most welcome

Dear all. My tenant are asking me to repair the rear fence. However, because of the different configuration of the garden behind us, our rear fence is actually the neighbour’s left hand fence. If this is the case, then are we still definitely responsible for this fence? The deeds do not say whose fence it is! Does anybody have any ideas please?

Hi can anyone give me some info as to the loan agreement I have uploaded, it is in relation to the Brokers Fee being added on to my loan agreement. I have also uploaded a pdf file doc which states that my loan agreement is unlawful, would appreciate it if anyone can help me. Sorry forgot to add I think section 3.2.2 and 5.1 may apply to me.

Can a 'Reply Card' ever be a legal Agreement? Part of my SAR's request came a little photocopy purporting to be 'it'. No details other than my personal ones and a Declaration with Credit Agreement Regulated by CCA1974.....I am applying for a Providian Visa card..... (I can scan it later if necessary). No interest rate etc. Dated Oct 2002. Also, actual statements were not included, only a list of usage and payments made each month (quite adequate for reclaiming charges). But I'm sure I used to see, stamped on my actual statements, something about Payment Break Plan. Of course, I now know that is same as PPI! When I looked in the T&C's (they kindly included a recent copy of these) it had, in small print, that the PBP would incur a charge of 0.89% of the balance each month. Question 1. Is this a 'hidden' charge added to the APR charged each month so you don't realise it's there? Or, should I be less cynical and presume that I opted out without realising?? Question 2. How on earth do you calculate that???! Sneaky or what??!