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  1. I saw something on the web about digitally signed CCA's and wondered what legality they have compared to physical documents? If I physically sign a piece of paper I can tell if a CCA sent to me has my signature on it or not, but how do I do this if the DCA say that I signed digitally? Thanks!
  2. Hello all need a bit of advice please.. So I have lived with 2 other lads for the past 2 years and we all agreed we would re-let our house again his year. A few weeks ago we got an email saying they needed us to confirm and sign the tenancy agreement for next year so I went down and did so expecting the others to do the same within the next couple of weeks which the Estate Agent was fine with. Then within a week or so of me signing the other 2 have had a big fallout and now they are both saying they want to move out (maybe 1 will stay if the other goes Im not sure) but as I have already signed the contract am stuck in it if they leave or? The contract is supposed to restart on the 1st of July. There's no way I can afford it on my own as Im unemployed atm so only receive JSA and Housing Benefit. Im really a bit worried.
  3. Hi There, Been getting chased for an old debt with a well known catolougue company, sent the signed agreement request letter, after a couple of weeks I got a letter back today basically saying. "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 77/78 of the consumer Credit act of 1974, we are not obliged to send you the 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" Anyway not sure what my step is here, they have not supplied me with a copy of the signed agreement, what should my next move be?? Any help much appreciated regards
  4. I have just sent a Subject Access Request to SAAS (Student loans for Scotland) regarding my student loan. Their reply was to say that they have destroyed the signed agreement and have a record to show I was in full time education until x date. I was wondering if anyone knew what I would nicely say to them, using the correct legal terms and laws that apply : well if you have nothing to say that I signed up for the loan in the first place, you are going to have to write the loan off. Otherwise I will see you in court and see what the Judge says about failing to have the signed agreement for the contract you are still charging me for. On a side note: no clue if this would be possible. Could I also say, why have you been taking money out of my wages (showing copies of my wage slips) considering I had not signed up to have a loan with you in the first place. Please give me all this money back since you have no contractual grounds to have taken this
  5. Can someone please advise me. Myself and my family (wife, 3 kids) are having problems at home and were accepted on the local authorities home finder program for private rent. I received a call from the estate agent on Monday morning informing me that there is a house i can see so made an appointment for 5pm. I went over to the street during my lunch break at 12pm and by coincidence i see the the estate agent showing the property to someone else. Once she had finished we had a short conversation and she offered to show me around. The 'viewing' lasted no more than 5 minutes and not all the keys were available so we could not even cover all areas. I felt under huge pressure to agree and accept immediately as "the previous viewer is going to take it", coupled with the fact that life were i'm living now is rather depressing and my wife is not happy at all, i agreed. I feel so stupid. I went to the estate agent yesterday again during my lunch break and signed many documents got the key and returned to work. When i finished work i went to the house and was horrified that i have been so stupid in signing a tenancy agreement for a property that is not fit to live in. here is what i found: a) Back door can not lock shut, always open b) Bedroom window permanently open due to missing handle c) Wires hanging from ceiling, no light, where there are lights the fitting has come away from the ceiling d) blocked plug sockets e) Unsafe garden, many many loose slabs on the garden floor, falling fence into neighbor f) filthy, rusty built in cooker that I was informed can be removed on Monday and replaced with my stand alone, now we can not. g) missing door handles on both sides of bedroom door h) cracked bath i) broken kitchen cupboard's I feel so stupid, and my wife is in tears as we really do NOT want to live in that area/house now even if they say they will repair everything. We are still at the same address and have not moved in. am in my rights to hand deliver the Key back to estate agent today (during my lunch break)? Is there a 14 day cooling off period for tenancy agreements like there is for other contracts? Thank you in advance for any light you can shed on this for me
  6. Nearly a month ago now, they said they would write back to confirm the money being transferred into my account within 28 days, it was with Black Horse, getting worried that I haven't heard anything.
  7. Hi All, I hope someone can help me. Basically, I found a flat I really liked, paid the deposit to the agent, had the credit checks done and was told that my moving date would be Friday 1st February. I sourced movers, cancelled utilities and organised everything. On Monday 28th January, at 7pm 7pm, received the terrible news from the agent, who had been avoiding my calls for days, that there was a squatter in the flat, which apparently the landlord knew about but the agent did not. I don't believe this for a minute. I've had to pay extra money, which I wasn't expecting, to stay at my current flat for another week, but cannot stay at my current house longer than that as someone else is moving in. The squatter (a previous tenant who had access to the key to the property) has been issued with a court order to leave by this Thursday, but the landlord still can't tell me whether or not I can move in by the weekend. I MUST be out of my place by Tuesday,but I can't organise movers or plan anything until the landlord tells me when I can get the keys. The agent also has over £2000 of my money and my own money is running out fast. I am at a loss and will be homeless from Wednesday morning if I can't move in. The agent who has my money, is currently on holiday in America and the landlord is also away until tomorrow morning. They've said I will get "a few days" off paying the rent, but they haven't been specific about how many days, the letting agent has not sent another tenancy agreement and basically, I just don't know where I stand with all this. Can anyone give me any advice? I'd be so grateful. many thanks
  8. hi, i have done some cca requests for dca's for catalogue debts, trying to get debts sorted out once and for all, one has sent back, well pass the 12 days though, t hey have sent me copies of the cca but are not signed, looks like they have literally filled it out recently with my name and address! but it says it doesnt have to be signed, is this correct? what do i do next please? many thanks
  9. Recently I viewed a rental flat with an agent which I decided I would like to take. I filled out an application and was approved. They charge my card with holding deposit. I never signed any agreement or anything about a deposit, nor was I asked to. Same day they send me pre-contact, witch included additional charge about which I was not informed earlier. I had a change of mind and decided that I did not want the flat. Can I argue that no contract was agreed in writing and I was entitled therefore to back out. Section 54 of the Law of Property Act 1925 Can I get my deposit back?
  10. Hello, I really need some advice. I am currently signed off sick for depression after leaving a very emotionally abusive 2 and a half year relationship. I also have other issues involved but basically i am off for depression and anxiety issues. The company i work for is a car insurance/breakdown firm, therefore the private sector. I was signed off from 5th November, and at this time and off until 27th November, but my GP is expecting i will need more time. My issue is that i only changed jobs from working in London as my partner said it would be best for me to, i never should have left there and am now stuck with a job i do not like or want and SSP, which i know is completely in their rights to pay me. I have unfortunately exceeded the companies 8 days sick leave this past year period due to a weeks flu i had off earlier in the year and 1 other instance. What are my rights in terms of a notice period and any remaining holiday? I honestly want to just get away from the situation and job and get myself healthy again. Work keep phoning me on a daily basis to "check up on me" and now want to send a Welfare Officer over. I honestly feel so pressured as i have my manager phoning me daily, then texts from my line manager asking me intrusive questions. I have sent them the signed Drs note and have kept communication lines open so they know what is going on. I just feel like the way they are being is a bit much and really i dont want the job anyway but an concerned for any future jobs i go for back in London. The company does not give references, just the usual "employee worked here between date and date". Really unsure what to do and i feel more stressed out by the whole situation. Thank you for any help.
  11. My friend signed as guarantor for his son's uni lodgings in a shared house. His son never signed a tenancy agreement and never moved into the property. He has now decided not to go back to uni. Is my friend liable for the rent? His guarantor agreement was sent to him through the post and he signed and sent it back in the post. Thank you.
  12. Hello All I am in need of help. I applied for a job and was offered a place and I accepted the offer by signing a contract. In the meanwhile there was another company I applied earlier and they came back with a better offer. I just want to know if the contract is legally binding and they can take me to court if I inform them now. I have a month before I start. I know it is ethically wrong but I would like to know what is the exact law for this case. Hope some one might be able to help. Thanks in advance
  13. Hi All I had a loan from a bank go bad in 2007, and under the threat of a Statutory Demand from the bank's solicitors, I reluctantly agreed to sign a consent and CH1 form to have the amount registered against my home. In emails with the other parties solicitors, it was agreed that the money owed could be reimbursed on the sale of the property. To make it clear, there was no County Court action back in 2007, and I have heard nothing since. Now it's 2012, and not surprisingly, I guess, because I have not sold my home as quickly as might be expected, the bank want their money back! To that end, I have been issued with a Default Notice direct by the bank. As it stands at the moment, the debt is fixed with no interest added since 2007 and simply a charge on my home. The real threat of this Default Notice of course is that if this does go to County Court, then considerable interest might be added. Here's the plan, I would appreciate some advice: 1) Can I put the account "in dispute" by asking to see a copy of the the Agreement, and so buy time by holding off any proposed county court action? 2)Whilst they are sorting out the Agreement, i need to fire something off to them regarding the proposed county court action breaching our arrangement in 2007, let me explain: back in 2007, when I signed the consent and CH1, I specifically appended emails between me and the bank's solictors which make it clear that the charge attaches to the property until I choose to sell, remortgage or pay-off the settlement balance in full. So I am saying that I only signed the consent and CH1 on that basis. Can someone advise what I need to do for 1), as I must act fast! Any input on 2) would be very helpful.
  14. Hello, I hope someone can help me. I took out an Egg credit card about 2001 / 2002 & I have received from BarclayCard a copy of the credit agreement. The copy they have sent me (which I presume must be the only one they have) is not signed by myself as I applied for it online and I cannot remember being sent something in the post to sign and send back. Is this agreement legally enforceable and if it's not what should my next step be? Many thanks in advance.
  15. Hello, Folks Haven't been on here for a while but I am currently getting letters from Wescot about an alleged debt with Bank of Scotland (Credit Card). I asked them for a copy of the original signed agreement and confirmation that they are authorised to collect any alleged debt and they have written back saying. "Having contacted our client they have requested that you contact them direct..... Please enclose a £1.00 fee" So what do I do? My instinct is to ignore them or to say they have still not provided me with evidence that they are authorised to do this - anyone could demand money and claim to be acting on behalf of someone else - and say that until Bank of Scotland contact ME directly I will not consider that I've received any communication from them. Does this sound reasonable and within the Law - anyone? Thanks
  16. Hi All, Came across this forum searching Google to see if I've got any chance of getting out of a hole. I bought a fishtank for my Dad for Christmas. Ordered online; turned up via Fedex in the snow last Saturday. (I was really impressed at them getting through the snow. Driver was in a hurry, parcel was bulky and wrapped tightly inside a layer of bubble wrap.And inside the bubble-wrap, it was inside taped-up box. In hindsight - this feels a bit daft - but the driver just handed me the handheld device to sign so I did. Handed to my Dad for Christmas today (on Boxing Day as was at the inlaws yesterday for Xmas Day.) And of course on opening on the box, the tank is broken. Badly. Definitely hasn't happened at 'my end'. I've looked after it well since taking delivery. I've just got home and checked the online retailer in question, and they state: We have never and will never knowingly send a damaged item to you, but if you do receive a damaged item, please sign for the item as damaged (when the deriver delivers it) and then contact us for a replacement immediately. If when you open the package, having signed for it as 'good condition', you find the item is damaged inside its outer packaging then you can still contact us but claiming that it was damaged by the courier is more difficult. If you are unable to check the items before signing, please sign for them as "unchecked". You should check the contents of your order immediately and must notify us within 1 working day of receiving the package if there is a problem or we are unable to process the claim with Fedex and will not be able to send you a replacement/refund. This timeframe is very important and it is out of our hands if you do not contact us in time. I'm kicking myself for signing - I 've just read whilst googling around to always sign as UNCHECKED if that's the case which I shall always remember going forwards. But in this instance, am I up the creek without a paddle? Can they really just write off any responsibility like this if not reported to them within 24 hours as stated? I'll certainly be dropping them a mai in any event, bu would appreciate any advice anyone might have. Cheers Gareth
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