quick question can a bailiff force entry after peaceful entry and control of goods signed are failed to make payments under agreement

Hi I came on this site to find out about my student loan deferment and realised that someone may be able to help me with a spot of bother I have got myself into. I went into a Three store 3 days ago to look at a phone I was thinking about buying. I ended up buying it on contract and was under the impression that I could cancel it and have my money refunded as I specifically asked the salesman "I can cancel this can't I" me meaning that I would not be worse off financially if I did. I went into store to cancel it because I decided it was too expensive and was informed that there was no 14 day cancellation option and I have to keep it. Is there any way for me to get out of this because it is not very economically viable? From what I have read some companies offer a 14 day cancellation service but are not required to by law if you go into store to sign the contract. Any information to contradict this would be gratefully welcomed. The phone and sims are unused and sealed. Thanks Jon

Hey all. Im currently on ESA and today I got a lovely early Xmas present in the post from Atos who have made an appointment for my assessment on 7th Jan. I know I will probably be signed off as they sign off people close to death so what chance do I have. Now, if I do indeed get signed off I will go back on the Work Programme. My question is if anyone can help, I was with Learn Direct before I was signed onto ESA in April but moved from the Midlands to Durham where I now reside in June and continued to claim ESA. I was told by Learn Direct before I moved who were pestering me that I will remain with them at their branch in Rugby, just be a telephone client. Is this true? I recently received a redirected mail letter from Learn Direct in Rugby (as I never told them my new address), saying my provider is changing on X date but I cant remember which provider it is changing to as Ive misplaced the latter, will this make any difference? Thanks in advance.

Hi, I have issued a claim on MCOL and the defendant has filed a defence on an additional sheet of paper which has been signed and dated, but he has not signed the statement of truth or given his date of birth or an address. Is the defence a legal document as he has made statements which I have documentary evidence are untrue. Surely they will be in trouble in court for telling blatant lies? Thank you for any help.

Hi All, I recently discussed the purchase of a new car with a dealer and test drove on Sat 25th. On Sun 26th I obtained the best quote from the dealer via telephone and gave £200 to put my name against a vehicle and was told finance docs and quote confirmation be emailed to me that evening. I will note at this point that I was not told that my deposit is/is not refundable and was not given any t&c's or information in regard to my cancellation rights. An email came through that day only containing a scan of some number plate choices and a £200 til receipt (non-itemised). I emailed the dealer a few times in the week requesting the finance documents and on Thurs 30th I received a copy of the forms. At this point my circumstances had changed due to an offer of new employment and I was in a position where I may no longer require the vehicle. I advised another salesman at the dealer of this on Sun 2nd, having arranged an interview for Mon 3rd. I emailed the salesman and discussed on the telephone with him on the 3rd that I may no longer require the vehicle and requested that he put a hold on everything, only to find that he has already taxed and financed the vehicle in my name. I will make it clear again that I have not yet signed any documents to confirm the purchase or the finance. I now no longer require the vehicle having been offered another job closer to home. From what I can read on CAB & Which websites distance selling should apply and by not advising me of the 'cooling off' period, my right to cancel and registering a car in my name without consent that they have committed an offence. Of course I don't want to go at them quoting things like that but I would like to know where I stand in regard to getting my deposit back and what the heck I should do to get the car de-registered and un-financed in my name. Any help would be appreciated! Thanks!

I have accepted and signed an employment contract for a new job. However I've been offered a new job opportunity elsewhere which I would like to accept instead. So my question is how binding is the contract that I have signed considering I have not yet started? Does consideration mean that the contract is only enforceable once I have started the job?

I just moved into a new flat 3 days ago, but I signed the tenancy agreement 7 days ago (I couldn't move in earlier because the landlord hadn't cleaned/maintained the flat in a good living condition). Anyway, the matter is that I just got a job to go abroad for 6 months (Exactly the duration of the tenancy agreement) and I don't want to be paying rent here for an empty flat. Is there any possible way I can get out of the contract before the initial 6 months term? there is no other clause in the contract. Thank you.

Lowell have purchased an old B'card credit card debt which I took out in 1999. I put in a CCA Request in January and have today received a reply. They have not sent any sort of copy of agreement, and have only put my old address on a blank piece of paper with underneath saying " YOUR RIGHT TO CANCEL: Once you have signed this agreement you will have for a short time to cancel it. Exact details of how and when you can do this will be sent to you by post by us", attached was some T & Cs for Barclaycard. The reason this is urgent, is that Lowell have sent a stat demand for a different debt. I thought with the card been taken out in 1999 they had to send a signed credit agreement? LETTER FROM LOWELL We are in receipt of you recent request for a copy of your agreement. Your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the Consumer Credit Act 1974 we are not obliged to send you an exact copy of your signed agreement. We are permitted by those sections of the Consumer Credit Act 1974 to provide you with a reconstituted copy of the version you would have signed. We are also enclosing copy statements for your perusal and retention. Please be advised that the o/s balance shown on these statements does not match the o/s balance. This is due to the fact that they are only upto Aoril 2010 and our account was opened on 5 December 2011. We would also confirm the following information as requested by the above act Balance payable on your account £xxxx Current state of your account : Defaulted As we have now fully satisfied our obligations required following 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 ten days. LETTER FROM BARCLAYCARD I refer to your request for information. The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the *Act*) is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred in it) and a statement of the account. I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) if the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms since you entered into this agreement. However, the interest rates, fees and charges set out in the agreement may differ from those with discussed with you, due to the current status of your account.

Hi I started getting chased by Moorcroft in relation to a HFC and subsequently sent off a CCA request. Had it ( and my fee) returned today along with a covering letter stating under instruction from their client all credit agreement requests must be hand signed, and have asked me to resend with a signature. Obviously sets alarms bells ringing, but thought I'd come on here to advise and see if anyone has come across this type of thing before and possibly offer me advice on next step? Thanks

I am a 53 year old woman.live alone, working 20 hours a week on minimum wage. get a small amount of tax credits ..Pay full council tax and only get £19 of my rent........after i then pay all my other bills and monthly bus fares I know i was definatly better off on benefits... However i need to work for my sanity Back to the original question I suffer with Restless leg syndrome and take Topamax and Zopiclone... Do i qualify for a perscription excemption certificate and if so how do i apply.. At the end of the month i have barely enough to eat let alone get my percription,but without them i would be in trouble!! And i wear glasses and have a nhs dentist that i am happy with both of which i would be unable to affored were i not helped in some way... Thankyou for advise.

My problem is that I was for a while on JSA Income based. Recently I have signed off as for 100% I was sure I'm starting job. I went for an induction on Friday I been told (there were few people with me) that on Tuesday/Wednesday I will start work at the factory. Today early in the morning lady from the agency called me that this job has been cancelled at the moment as the factory and probably they will have job in SEPTEMBER!! as I was on induction and passed test they will keep my details and contact me. When I asked that lady from the agency do they have any other job as I just signed off JSA for this job she told me there is nothing at the moment. I don't know what to do now. Can I make a new application for JSA just in case if I don't get now any other job?

Hello, I signed up to my local Xercise4Less before it opened. I think I signed up at the end 2013 and the gym opened in December 2013 or January 2014. I signed up for the 12 month contract though I do not possess a copy of it. I was 17 when I signed the contract. I am 18 now (I have been since March) and was wondering if it would be possible for me to cancel my contract early. The reason for this being the gym isn't living up to what I expected it to be; it's almost always overcrowded, for the amount of members the equipment is lacking and a lot of it is always broken. Not to mention the management seem to make up rules when it suits them. I am thinking of switching to somewhere more suitable (a more serious gym) pretty soon and obviously if at all possible I'd like to stop payments to Xercis4Less. My latest payment to Harlands was on the 16th of June, which I think means I still have July, August, September, October, November and December remaining. Is there anything I can do? -Yale

I am so annoyed on 24/06/2014 I sent a first class signed for package which is actually my tenancy agreements, bank records etc which we have to send onto the estate agents within 7 days or we can loose not only the house but our £200 for the admin of receiving and dealing with the tenancy agreements. Royal mail website still shows they have not delivered my package and I am worried that this has been lost. Our landlord will not keep the house off the market long before re listing for other tenants to apply. Any ideas?

Hi all, Can anyone shed some light on this please.my sister stupidly signed a speeding summons which said she was driving her boyfriends car at the time.the bugger duped her and now shes faced with losing her licence for sure in court.can she change her plea as ive now pointed out that the date in question she was in a cast with her ankle pinned!!!so its clearly obvious she wasn't driving at the time!!any help or advice would be greatly appreciated! Many thanx in advance.

Hi, I have just recently (about 1 month ago) got and accepted a new permanent role with a fairly large company. I am due to start work with this company on the 17th June- however yesterday I was advised by them the office was potentially going to move down south (about 250 miles away) within the next 6 months. I wasn't made aware of this until yesterday and they are saying they have only just found out themselves. They have give me the option of relocating (which im not going to do) retracing the offer acceptance or working with the company until they move and then be left with no job. I would like some advise as to were I stand with this as I have handed my notice in with my current employer (my role has been filled so no chance of my job back). Any advise is much appreciated. Thank you

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?

Good morning. I was wondering if someone has the definitive answer to this one: Is it still the case that a supplier has to have a consumer's signed agreement before they are allowed to share the consumer's information with a credit reference agency? I have had an electricity and gas account with utilities supplier "Eon" since April 2011. It was arranged over the telephone. There is no signed agreement. When the account was opened over the telephone they did not ask me to confirm that I agree to allow them to share my information with a credit reference agency, or indeed any other third party. For the record, they also didn't state that they would be doing this at all. From googling around they seem to be receiving quite a number of Injunctive Relief Orders from customers who believe that Eon has committed a breach of the Data Protection Act by sharing their info with Credit Reference Agencies, and appear to be being successful in having the account and all data removed from their file. If they are actually legally allowed to share my information with credit reference agencies, I believe they have made some mistakes with my account and I am struggling to get them resolved. 1. My account began in April 2011 when we moved into the property. According to Experian it didn't begin until 6 months later in October 2011. 2. There are no payments, no information whatsoever recorded in the months between the incorrect start date of October 2011 and May 2012 inclusive. 3. There are 4 red "payment late" boxes recorded on the account between June and September 2012 4. There is no information recorded in the boxes between October and December 2012. We were late for the payments between June and September 2012 - A combination of being outside UK and a regular problem with post not arriving. This was resolved in December and we are no clearing the balance by direct debit. The first payment was made in December. In a call to Eon this morning, I pointed out the incorrect account start date, and that in every other credit account that I have recorded on Equifax, both the positive and the negative information is recorded - So any payments that are made are shown in green and any payments that are late are shown in red. I also pointed out that as this is not the case it looks to anyone checking my file that I have made absolutely no payments in the history of the account. Whilst all of my other credit history is excellent, this one misrepresented account it causing my credit score to be recored as "Very Poor". I also pointed out that even if they had recorded all of the payments that I HAD made on the account, that because the account opening date was incorrectly reported by 6 months on my Equifax report, that ratio of payments made on time against those that weren't made on time over the incorrectly reported period of the account would also be inaccurate and look worse than it actually is. The CSR I spoke with spoke a lady in Credit Reporting. The CSR came back to me and gave me the following answers via the lady in Credit Reporting: 1. Eon are aware that the start date of customers accounts are incorrect on Equifax. Apparently if they change the date at their end it reverts back to the incorrect date the following month. 2. As Eon didn't have a payment agreement with me at the time, they are unable to record the payments I made on my account. I pointed out that if not having a payment agreement with them excludes them from being able to record the payments I have made in the months I have made them, then surely it also excludes them from recording the payments I haven't made in the months I haven't made them.........Apparently it doesn't work like that Sir, although no further explanation could be given. 3. I agreed in November 2012 to pay off the balance that was owed along with new usage monthly by direct debit beginning on December 3rd. Despite now having a payment agreement with them, Eon states that they do not display any information on any monthly payments that have been made by customers.....Only those payments that aren't made....So even with a payment agreement they're still only reporting the negative payment information and not the positive......Surely this isn't correct. No other organisation with whom I have a credit account reported on Equifax behaves like this....They record good and bad to give a fair and accurate picture of my credit worthiness. Eon's behaviour just makes their customers look bad, even if they pay. 3. Eon reckons that the Data Protection Act allows them to share customers information with third parties including credit reference agencies without a signed contract or agreement with a customer because they point out that they will be doing so in their terms and conditions. Even if that is the correct interpretation of the law and no signature or agreement by the customer is required, as far as I am aware Eon only started doing this in 2012 - They started supplying with gas and electricity long before this in April 2011 - I wonder if the fact that the account incorrectly shows that it begun 6 months later in October is something to do with the law changing? Either way, I have never signed any contract or agreement with them of any kind. They never asked me if I wished to allow them to, or stated that they would share my information with any third party or credit reference agency when I started the account in April. I have been advised by their CSR to write to the Ombudsman, or report anything I am unhappy with to Equifax who will report it back to the lady in Eon Credit Reporting. Apparently it's pointless writing directly to Eon Credit Reporting - It smacks to me that Eon is chucking any old nonsense on Equifax reports, and relying upon Equifax to resolve their mistakes for them. In the meantime, my credit rating is being seriously screwed up by one organisation's ineptitude. Do I have grounds to threaten Eon with an Injunctive Relief Order? It seems to me that any other path could take a long, long time, and I would quite like to apply for a mortgage NOW!

Hi, I wonder if anyone can offer any suggestions. I'm posting on behalf of my Mother-in-law who was widowed about 4 years ago. Her husband took out a couple of loans, for an unknown reason (my wife has suspicions regarding some vices, but that's speculation), and asked her to co-sign them but without giving her the details. He subsequently passed away intestate. Whilst the mortgage and other debts were paid off by the life insurance, these loans weren't and continue to run. She has been unable to work since and these are taking a sizeable chunk of her monthly income - of her £700/mo income, a good £400 is paying these loans. She is receiving some assistance from her children, but this is an untenable situation. I've no information on the loans at this time, apart from the fact that they appear to be unsecured and are co-signed (but it's unclear whether she's a guarantor or tied in some other way). Any thoughts as to a route whereby the outgoings can be reduced (or, indeed cancelled)? My concern these days is the ease at which a creditor can force a charge/sale of the house, which is something we really want to avoid - once upon a time I would have suggested playing hardball, but creditors obviously have a bit of a nuclear option at their disposal. I don't know what, if any, contact has been made with the lenders - my wife and I had a chat with her about this and some PPI issues (if anyone knows anything about claiming PPI on behalf of a deceased's estate, do point me in the right direction!) and I said I'd make some enquiries for her.

Hi, Can anyone advise if a debt has been sold, do the original creditor has to provide a true signed copy of the credit agreement or is it the company that has bought the debt has to provide the agreement?? I just recently had a letter back from Lowell stating that they do not have to provide the agreement as the default notice was received from the original creditor. According to Lowell it was not them that recorded the default it was the original creditor. Therefore, do I need to contact the original creditor to provide me with a true signed copy of the credit agreement. Also, I have noticed that the account was first opened in 2004 which would definitely make me underage. Please can anyone advise.

Hello So I visited LA Fitness and asked to do the 3 day trial advertised on their website. The girl said there is a 10 day cooling off period where I can cancel the membership anyway so I figured I had nothing to lose. They make you sign up using a digital signature on a PC touch screen. I went twice but its not as good as I was expecting, its fairly busy in the morning and weights benches (all three of them!) are always busy. Anyway, I phoned up yesterday (on day 8) to cancel and they told me there is no such thing as a 10 day cooling off period but will contact the club and call me back. Anyway, I popped in this morning and the bloke behind the counter said 'Oh apparently there is no cooling off period, I thought it was 10 days'. I told him that doesnt help as his colleague told me there was so I called the membership enquirer number back to be told a manager will call me. Where do I stand on this?? The member of staff told me 10 days cooling off and I didn't even get to see the contract until they emailed it to me, after I had signed this touchscreen with my finger. Thanks

long story short. My employer sent me arond £1k of "work" using signed for royal mail service. After a week, i hadn't received it. Phoned employer, they sent me link to tracking site, where it was clear the item had been signed for. Not by me. No neighbours signed for it. A week AFTER this my wife found a royal mail slip behind the door saying " item in blue bin" Obv there was nothing in the blue bin. So where do i stand. RM say its only insured for £50. employer has now washed their hands of it, and ME ! I'm not pointing a finger here, BUT i have had signed for items delivered to my address before without me ever having signed for them....

Hi everyone, hope to get some advice regarding the problems faced by us. We had spoke to our letting agent to rent out our house for 6 months and maybe extend the tenancy if we do not move in ourselves later. They told us it was possible to rent it for 6 months and we just have to give two months notice before hand. Hence we decided to go ahead with it and was sent the tenancy agreement and asked to sign it and return back asap if not it would delay the tenancy. However, later we decided not to go ahead and called in to inform we changed our minds, but were told that the tenancy has already started. So we thought ok no problem we'll just give a 2 months notice later if we decide to move in. Now when we told our agent to give the notice, they told us its not possible as the tenancy is a 1 year agreement and we can only move in when it ends. The question is we have not signed the tenancy agreement so will that tenancy be valid? How and what can i do to complain as we are totally stressed as we might be homeless in about 2 months time as we have been informed we cannot get a council house and housing benefit as we own a property. We have 2 small kids and OH has been made redundant so with no job and no housing benefit too, we can't seem to find a property to rent. The other thing is we have not received our rents for the past 2 months and when inquired, was told housing benefit paid into the wrong account and they are still waiting for remittances sent out by post to be received before they can release us the money. They tell us that they are on constant chase with them and still waiting but how long does a post takes to reach them. Its been almost a month. However, we did receive first 2 rent payments so can't figure out why suddenly money was sent in the wrong account. Do you think I should ask them to forward the emails they communicated with the housing benefit people or a copy of the housing council mentioning it has been paid in the wrong account? ??

Good Evening, I sent a CCA request to Natwest in January in regards to a loan I took out in 2005. I was under the impression that the loan was initially for 5,000 and being very young and silly I couldn't cope so ended up going through a DMP and paying monthly payments until Jan of this year. However, when I closed my DMP they sent me a statement saying that I still owed Natwest almost £9000. Natwest have played their usual games so far, demanding a supply a signature etc and eventually providing me with a "true copy" which states that the loan was for 10,000, my address spelt completely incorrectly and my signature was nowhere to be seen. I have since put the account in dispute but they have passed the debt on to Westcott and are claiming they have complied with the CCA request as they don't need to provide a signed copy???? Can anybody help with my next steps? Thanks in advance

Needed to move to ground floor property due to husband's ill health, viewed property on very hot day, all windows open and flat was fresh and well aired. Contents looked a bit tired and this was noted to agents but thought all that was needed was a bit of decoration. Signed lease and paid deposit etc, got keys yesterday and on closer inspection the flat is damp and smells really damp, black mold on windows and other hidden areas. As I had informed agents of my husband's ill health is it more than remiss of them to neglect to inform me that the property had been treated earlier for a damp issue and I hasten to say that I think it is far from eradicated. I am now paying for my present flat and expected to pay for a flat that is uninhabitable for my husband, he has COPD and damp and mold will make him very ill. Is there any way that I can get out of this legal contract for medical circumstances?

In April i was hired by a company for 6 weeks however once those initial 6 weeks were over i was asked if could stay over the summer months. It took them a few weeks to produce what i believe was an employement contract for me to read over & sign etc. In the contract it stated i would be paid £10.75 per hour but i have just checked my 2 wage slips & it turns out they have been paying me £9.19 per hour which at no point i read or was told about. Maybe a stupid question but can they do this because i am only working temporary? I think the correct term used to describe my contact is "fixed term" although i am not sure & basically what i am looking for is reassurance that i can politely complain/enquire about this or maybe advice in how i should approach my employer about this situation. I've only really just started my working life & am not very well versed in employment rights. Thanks