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Showing results for tags 'agreement'.
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Hi , Not sure if anyone can help here however I applied for finance to purchase a machine. The finance was agreed and forms sent out for me to complete. Included in the forms was a certificate of acceptance for the machine stating it was in good working order. I called the provider to say I was signing for the finance but would not sign the acceptance until I had viewed the machine. After a month of delays the machine arrived however it was not as described. There were numerous defects and it had logged over 25% more hours worked than had been advertised. I called the supplier immediately to tell them it was unacceptable and to remove it from site. They apologised and promised to resolve the issues. They have not and I insisted they take the machine back as I requested in the first instance. I also informed the finance company on the first day that it was unacceptable and not to pay out any money as the deal was to be aborted. I have since discovered that they have taken payments from my bank. They insist I must maintain payments for the machine (which has since been removed) despite me informing them that it was unacceptable and to cancel the finance. In clause 1.1 of the finance proposal it states that if I find the goods to be defective, I must inform them within 5 working days. I did so within an hour. Am I within my rights to withhold any finance payment for this machine and can I claim my money back. I continue to hire a machine as the one I was purchasing was defective as well as having to pay finance on a machine I do not have. Any comment / advise welcome. Thanks in advance -
From the letter received today with SAR Please find enclosed all available statements for your credit card number **** All statements prior to January 2000have not been retained by the bank. With regard to your CC we are unable to supply a statement for August 2000 and October 2002 as these are unobtainable on our system. The account was passed to our Credit Operations in September 2008. Unfortunately, we have not yet been able to locate a copy of the signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement. If you wish to take this matter further please write to our Customer Services. This account is with Hillsdens, Should I shake the tree and ask them for a copy? The last payment to that was in Jan 2008, taken from my savings account that I didn't know have money in.
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Hi had letter from Cap1 saying this agreement was enforceable but having read around the site seems that is not always the case - any advice would be much appreciated Thanks
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Hi All, I’ve created this post in the search for some answers on a few finer points of my AST Agreement that has recently ended. The LL/LA has come back to me requesting £378 of charges for cleaning and gardening. In my opinion I have left the flat in a clean and tidy condition so much so that the pictures taken on the day of me moving out have been used online to show new tenants! However, the two points I am curious to have answered are: 1. My moving in inventory states that “although untidy at the beginning of the tenancy the garden is to be completely tidied shortly after move in therefore must be tidy at end of tenancy”. Whereas my AST Agreement says “To keep tidy..as at commencement of the tenancy”. Can an inventory be used to state terms different to the AST Agreement? Also I have never had a copy of the check in inventory and the copy of the check in inventory i received from the LA isn’t signed by me. 2. My AST Agreement states that “the Agent must tell the tenant within 14 working days of the end of the tenancy if they propose to make any deductions from the deposit”. The LA took 18 working days to notify me of the deductions from my deposit. I have spoken to a local housing charity who said that this doesn’t hold much weight. If this is the case how come this term is included in the AST Agreement? Any help would be much appreciated -
I have a question re the above, not sure if this is the correct place for a general question. Some years ago Cabot took my wife to court over a Barclaycard account, although there was no signed agreement, my wife and I disputed the amount, we were advised by the judge to enter into a Tomlin order agreement. We have been making regular payments on that ever since, making sure we don't default. It is my understanding that a Tomlin order is old fashioned and it has now been superceded by a IVA's. I further understand that these IVA's run for a maximum of 5 years, after which the account is deemed cleared. Is this correct, and if so does this apply to our Tomlin order? Just as an aside to this I heard on the radio last week that some people who had entered into an IVA and had paid for five years AND had received a final 'completion' letter from their creditor, found that if they had any sort of windfall (such as a PPI repayment) suddenly got a new demand for repayment even though they had a completion letter. It was thrown out by the court but they tried it on.
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Hello This week I switched my home insurance to Home Protect, arranging to pay it monthly. Today, I heard from a company called Premium Credit, telling me that Home Protect had set up the credit arrangement for the insurance through them. I was then asked to register on their website and also to electronically sign a copy of the CCA1974 agreement. It also stated that if I hadn't signed by 27th April, then they would add £10 to my account! So my question is, can they actually legally do this? I thought the terms of the CCA1974 states you should sign ONLY if you wished to be bound by it. Effectively, they are fining me if I don't. Clearly, they just want to be able to guarantee any potential court action they might take would be successful by having a "signed" CCA1974 form but this just sound wrong to me. Any advice would be much appreciated. I see this particular company has been posted about before for exorbitant charges for failed direct debits which doesn't surprise me! -
Evening all, I'm looking for advise on a statutory demand. Today I have had a letter through the door saying they have tried to serve a sta demand and will return on the 3rd Of October to attempt again, saying if I'm not in (which I won't be because I will be at work) they will post it and class this as served. Now I'm not sure what I should do next. I've not made any payment or acknowledged any debt for nearly 4 years but still quite a way from the 6 year limit. what should I do about the stat demand,
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(1) Agreement in possession of landlord not signed by the tenant. (2) Agreement in possession of Tenant not signed by Landlord or dated What is the validity of this agreement. Notice of Termination ================ Location of the property not stated correctly and the postal address is missing. Company registration number stated as VAT number. Therefore is the Notice Valid? -
What Regulations apply to the case of a Tenancy Agreement being entered into, but the gas company refuses to reconnect the gas to the boiler until the debt paid by a previous tenant is paid. Can the Utility Company insist that a new tenant accepts liability for the debt owed by the previous tenant. -
Hello, A client bought 4 sessions, and paid a discounted price of 120GBP. (30 pounds each session) Single sessions would have been 40, but I offer a discount for 4 sessions bought upfront. I saw the client 2, and had to cancel last week twice due to illness, which he was not very happy about. Yesterday I asked if I can postpone the session by 1hour and he asked for a refund as he was not happy. I was a bit surprised but did not make a fuss about it. I informed the customer that I will refund 40pounds and not 60pounds, as the discount is only applicable for a set of 4 which did not take place here. I dont think I am unfair here but he demands the other 20pounds as well. Am I doing the right thing? Most of the PTsI know wouldnt even transfer the other 40pounds as he bought them upfront and did not finish them - I am aware I cancelled but I am human and sometimes unfortunately get ill as well, and usually did not have any such troubles. Please let me know if it is legally okay to stand my ground. Thank you, Kat -
This is going to be, I fear, a bit of a long winded post, so apologies for that right from the start. Yesterday (23rd June), my property was visited by an "enforcement agent" (I'm going to say bailiff from now on, as it's quicker to type) from Bristow & Sutor. I wasn't home, but my partner was (the debt (council tax) is in both our names). It is important to note that I am NOT trying to get out of paying the council tax for a second, I know that has to be paid, but I do need advice on this controlled goods agreement. Anyway... The bailiff knocked on the door and my partner answered it. He (the bailiff) then went on to explain why he was there. He told her that he was there to make an arrangement to pay, which was fine, we owe it, so we've got to pay it, I don't have any real problem with that (apart from their fees ) but she was pressured/intimidated into signing it. All of the paperwork for this 'agreement to pay' was filled in by the bailiff, and my partner was told to sign it. Thinking that she was only signing an agreement to a payment plan, she signed it (we've had words ) but in fairness to her, the bailiff was suggesting that he had all sorts of powers to force entry etc etc, she was told that the sheaf of papers that the bailiff was filling in was all to do with the changes in the law in April. As I said, she was more or less intimidated into signing this paperwork on the doorstep. He then left her with copies of the paperwork. An important point to note at this point is that at no time did the bailiff set foot inside the door When I got home, I looked through the paperwork that she'd signed, and it's a "Controlled Goods Agreement" (Walking Possession as was). This 'agreement' states that the bailiff has "taken control of our goods" and unless the payment plan is kept to (which we can't afford to pay, but the bailiff refused to negotiate) they'll be back to seize our goods which they've apparently taken control of. A couple of points I've noted from the 1st part of the paperwork is that it is filled in incorrectly (albeit minor errors). 1). The bailiff has spelt my partners name incorrectly. 2). The "Enforcement Stage Fee" doesn't add up. As I understand it, that should be £235 plus 7.5% of any amount of the debt over £1,500. This actually means that the 'enforcement stage fee' is 20.575p higher than it should be. Yes, I know, it's only 20 and a bit pence, but it means that it's not factual. But now, the more important things. In the 2nd part of the paperwork, the bailiff claims that he has entered the property (he hasn't) and then issued a "Notice After Entry" and claims to have taken control of our goods. However, on the next sheet, the bailiff has ticked the box marked "I have taken control of the following" and then listed... "As previous inventory" Now, I've lived here 18 years, and unless the bailiff has snuck in disguised as the guy who fixes washing machines, no bailiff has EVER been inside the front door, so by my reckoning there cannot be a "previous inventory" and perhaps it would be more truthful to have written "as previously invented". So, the main point of this post is to ask your advice. Are we under threat of these goons coming back to try and force entry (although that sounds like a silly question now I've typed it). Is this document valid, or can I take it up to the bathroom to use as we see fit would be a better question. My partner is now terrified that they'll come back while I'm at work, and I don't know what to tell her. Help! -
In 2007 i guaranteed a limited company's hire agreement said on the face of the document to be none regulated. Total payable with interest was £26,903. The finance company are now suing me under the guarantee There is a dispute about how long the guarantee was for But that is not why i am on here posting The Company claims the Agreement was signed at a dealership - whereas it certainly was not. Im just trying to find out if they are saying that because for it to be a genuine none regulated agreement the agreement needed to be signed on trade premises. As it wasn't, does that change things and if so how? Might it give me more of a defence Might it mean the agreement is instead regulated If so, is that fatal to the claim or does it just give me more options - like rights to cancel, which seems academic, some 7 years later.. Wonder if anybody out there can please help. Thanks in advance. -
Hi There, I'm in the process of cleaning up my credit report and have realised that the way defaults are reported are not particularly helpful! I had a new car on HP in 2010. Ran into difficulty quite soon into the agreement but worked with them to keep it fairly up to date. During the course of an 18 month period I fluctuated between one and two payments late, never more than two. Then my finances got worse and I ended up 3 payments behind. I made an arrangement with them and brought the account back up to date fairly quickly. I then missed a single payment and they defaulted my agreement. I did bring the account back up to date fairly quickly and since then have been on time. I am still up to date with the agreement which ends in 2 months time. My history with them goes : 0 1 0 1 1 2 2 1 1 2 2 1 1 1 2 2 3 2 0 0 1 D (then 3 years worth of Ds) Since the default I've been up to date with payments, with one slight slip into 1 behind for about 3 months in 2013. But the recent credit report history just shows DDDDDDDDDD etc... even though I've been on time most of the way through the agreement. This doesn't seem very fair to me, and since they defaulted me on a single payment behind I've been trying to argue (unsuccessfully so far) with them that the account shouldn't have defaulted. interestingly one of their staff agreed with me on the phone that the default was an error and should be removed. Unfortunately when I checked on this they denied that was ever said! My question is : Since interest should not be charged on defaulted accounts, and since the interest was front-loaded, should I be able to claim a rebate of the interest? The effect of this would be that I've now overpaid on the agreement and would be entitled to a rebate. IF indeed it was correctly defaulted. Obviously if the default was a mistake then they can simply correct my credit record and I'll complete the payments as agreed. If a rebate should be due how do I calculate the correct amount of interest on the loan? I wonder if it would also be better to record defaults as D0, D1, D2 etc.. . reflecting the payment status of any payment plan in place to clear the default - Just a thought! -
Can anyone help? I have some large credit card debts on about 5 cards. I have sent a standard letter asking for a copy of the CCA and had replies back but some seem a bit dodgy. I'm no expert sp I joined the forum to see if there is any help here for me. Do I tell them that I dont think they have complied with what I asked for and put the account in dispute and pay the £10 for the SAR? Are they legally entitled to chase me for payments while the account is in dispute? I can post documents if anyone wants to have a look. Cheers -
Hi, as the title suggests, i would like some advice on the issue? I moved into a private rented property 18months ago on a verbal agreement that I would live there for 3 years minimum. Due to work circumstances i was unable to fulfil this agreement. And have now moved out. Because I have had to move the Landlord is now refusing to pay back my deposit because it is before the verbally agreed 3 years! may i also add that I have not received or signed a written tenancy agreement. and i also strongly doubt that my deposit was registered with a tenancy deposit plan. Do I have any leg to stand on to get my deposit back? Is he breaking the law? Is it worth taking it further legally? Thanks -
I am due in court a week on Thursday for an old credit card debt which was sold to Lowell in June 2013. I received the claim form from Bryan Carter back in September and asked them for a copy of the credit agreement upon which they are relying prior to entering my plea. They refused to do this and I filed a defence on the basis that they could supply no proof of this debt. They then sent me a Tomlin order to sign to avoid court I again asked for a copy of the credit agreement which they again refused. Today, they have filed their witness statement and enclosed the following document which does have my signature on it, however this is all they have supplied together with a bunch of statements and the assignment letter. Please can anyone tell me if this enforceable? I would like to be prepared before I attend court, if I don't have a leg to stand on then could I try the Tomlin order route? Typical that the default is 6 years old in September -
Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far. received N180 D/Q Filled in and sent copy's to CCBC and claimant. Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this. Any assistance would be greatfull espescialy andyorch if your available Thanks so much. Name of the Claimant Lowell portfolio I ltd Date of issue I have acknowleged and sent one of andyorch,s defence What is the claim for. THIS CLAIM IS FOR £450 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/GOODS. THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWEL PORTFOLIOL LTD. ON XX/XX/XXXX AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE; HBOS A/C XXXXXXXXXXXXXXXX AND THE CLAIMANT CLAIMS £ 450.00 THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO £33.02. What is the value of the claim? In the particulars of claim the sum alleged is £450, However the full claim is for £480+court fee £35 +sol cost £50= £533 Is the claim for a current or credit/loan account or mobile phone account? Basic Bank account. Cardcash When did you enter into the original agreement before or after 2007? 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigend as far as the particulars of claim goes, although I was not made aware of this. Also this Account was disputed to the original creditor. Received the usual response. then passed on to at least 4 different collection agencies, of all who responed to with a letter of account in dispute. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, see above Did you receive a Default Notice from the original creditor? No not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not heard anything until the County court claim Why did you cease payments:- Around 2009 Was there a dispute with the original creditor that remains unresolved? Yes. Not resolved by the bank and told to complain to the F.O.S Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Sent at the time. Was told that current accounts not regulated by this act... Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Have done so. no response.
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Partner and i are due to rent a property. They have told me that my partner would be 100% responsible for the rent as he earns more than me. Despite this they have told me as i have a CCJ i would need a guarantor who has a proven income of £22,000?? My partner is earning all the money to pay for the rent (3 x what the they need for minimum amount) yet they say i need to fin someone who is earning £22,000? Why do they need someone earning over 22,000 for my share if the contract has my partner down for 100% of the rent?? Can my partner be my guarantor? Another thing the estate agent told me that experian make the decision and they have now *closed the case* ........i called experian they said they provide the reports that's all they do not make decisions like that. Is it just me or does this seem odd? -
Hello, My sister-in-law currently rents a property from an agent, which was initially based on a 6 month tenancy. The agreement was in writing, signed by both parties and expired on September 3rd 2014. She has not received any further tenancy agreements nor signed any additional paperwork since this time. The original tenancy agreement, now expired, has it clearly written that "nil" deposit is/was required at the beginning of the tenancy. My sister-in-law has rented previous properties from this agent and I believe it was verbally agreed between the two that the deposit would be "ported" or similar from a previous property, but this certainly isn't in writing anywhere. My sister-in-law, according to the terms and conditions of her expired tenancy agreement is not aloud pets without prior consent and an additional deposit sum. She has recently bought a puppy and not informed the agent (not her finest hour) and the agent has, in my opinion, fairly asked her to fill out a pet form and pay an additional sum of £250 to cover potential damages, which I believe is fair. Now onto the crux of the problem. The house, even upon moving in, showed signs of damp. This has gradually worsened and on closer inspection looks like it's been present for some considerable time. Mould is growing on most downstairs walls and upstairs ceilings. In my non-expert opinion, it's not something you'd want to live in - and it stinks of it. After informing the agent and suffering complete inaction she approached environmental health who have conducted an inspection and deemed it in urgent requirement of remedial works, and has forwarded this to the agent. Following further inaction from the agent a subsequent visit from the environmental health man took place and additional letter(s) to the agent were sent. The agent has since been in touch stating before any remedial works take place they require the agreed (apparently verbally) deposit of £1000 paid on a plan of £200 per month starting January 2015. This isn't in writing anywhere (I'm assured) and the original tenancy does indeed state "nil" deposit. My sister-in-law tells me that the agent told her they were unable to port the deposit from her previous property due to damages left making it unrecoverable, therefore a deposit falls due on this property as a result - again none of this in writing. All that said, my sister-in-law is certainly no saint and doesn't tend to look after her properties. She has 6 children and lives off benefits so usually finding a house remotely suitable is problem, hence why this house was accepted - it was bigger than her previous. What I'd like to know, is in people's opinions, is she owing of any deposit and does the agent have a "right" to demand it and indeed hold back any remedial works advised by environmental health. That said, I believe she's on a sticky wicket as she has no active tenancy agreement and I assume the agent isn't obliged to give her one, so perhaps rocking the boat could end up causing more trouble than good? That said she is family and I don't particularly want to see her in emergency housing or B&B's as a result of being evicted. If anyone has some facts or advice that would be great. Cheers -
Can those who are familiar with legally binding documents please look over this agreement? I am meant to sign by 23rd Jan. I am uncomfortable with the whole issue, but even more with the agreement as it appears to have commas in which I always understood could lead to ambiguity. I have also included previous correspondence on the issue. Would appreciate advice, many thanks in advance.
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I'm currently on the receiving end of a S21 notice, and I'm trying to find out if I have grounds to contest this. I moved into a flat in 2001. The landlord wasn't really bothered about being a landlord, so he didn't do any of the expected things, like gas certificates or maintenance. TBH this wasn't a problem as the rent was very low, and I'm a pretty practical guy, so I was happy to look after the place, and renovated it from top to bottom. The place is an awful lot nicer than when I moved in. I could go literally 5 years without so much as speaking to him on the phone. He's moved several times without notifying me of a new address, all I've ever had is a mobile phone number. This was the days before deposits had to be protected, so I didn't worry about that. This was a periodic tenancy from the start, not a fixed term that rolled into a statutory periodic tenancy. In 2009 we met and he put the rent up by a small amount. I agreed to this as it was a pretty modest increase. Nothing was written down, definitely no Section 13 notice, but I started paying the higher amount straight away. There was nothing in the original AST about varying the rent. My question is whether this should be regarded as a variation of the old tenancy agreement, or a new agreement. This is significant as if it is a new agreement, then he needed to put the deposit into a protection scheme. If not, then I can't defend the S21 on that basis. At the time I was unaware of the distinction between the two and the implications if our arrangement all went south - as it has done now. What would the characteristics be of a new agreement versus a variation of an old one? How strong is my argument that he should have protected the deposit as we effectively had a new agreement post-2009? Thanks for the help. -
I was offered out of court settlement for money owed to my company.Which was refused and have asked the the assistant of a firm to prepare me particulars of claim for a fee so that I can take up my case myself. Error were made on the PC by the solicitor and my claim strike out for being misconceived, with cost to myself. The other side want their cost and have promised to stop me progress with the fresh claim. Also threatened to make me bankrupt and once am bankrupt I can no longer be director of my firm again---- What do I do as I do not have money to pay this court cost-- which I am appealing at the moment and the appeal is not going well as the judge want 50% of the cost paid before appeal can be looked into------any help
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Hi I started an agreement with perfect homes 17 Sep 2013 for a Samsung mobile. now my agreement states total amount payable £657.60 over 80weeks. today I receive an annual statement from them through the post which says opening balance £1,012.80 and remaining balance £290.90 Now I know when I first started I had to take all insurance etc. I did get my own insurance which I showed them. what I can't understand is how does my agreement show £657.90 and they are saying that huge amount on a statement. advice really needed please. -
hello, i brought a fridge freezer from currys and i took out a warranty , unfortunately it stopped working however a replacement was sent be it 4 weeks after. I was told i could claim for food spoilt however currys say consequential loss is not covered in the agreement, is this true as i cant see anything in the agreement and the only reason why i am claiming is because currys member of staff informed me and others have recieved it. thanks -
I have recently send the CCA letter to NEW DAY and had a reply from them saying Unfortunately we are unable to send you a copy of Agreement I owe them £665 and i would like to settle with them by offering £200 Please any advise or sugestion
