Hi, I wonder if someone can take a look at this. I requested the CCA from the DCA, and they sent me a copy of the application form. However, there were no T&C's and the creditor hasn't signed in the box. Is this enforceable? Thanks

Just found this whilst browsing the web Mortgages - Legal Mortgage Deed Related information Challenging unfair terms in financial contracts Reporting unfair contract terms Changes made to contract terms See how to protect your finances Related links Consumer Direct Complaints about personal loans, hire purchase, credit cards and other credit products Financial Ombudsman Service The independent service for resolving disputes between consumers and financial firms London Scottish Mortgages We reviewed two terms in this contract. Term 1 What did we think was unfair? A term appeared to give the firm extensive freedom to impose charges on customers. It also said that customers would pay the cost of any enforcement proceedings. Why did we think it was unfair? The term appeared to allow unreasonable freedom to impose charges. It also appeared to make customers pay for enforcement proceedings even if they began because of the firm’s negligence, or the firm lost those proceedings. What has the firm done? The firm agreed to make the term more reasonable and reduce its freedom to impose charges on customers. Also, the firm will not pass on the costs of enforcement proceedings unless they are rightfully started. Old term 'You must pay on a full and unqualified indemnity basis all fees, expenses, taxes, liabilities and legal and other costs... in: (a) the preparation, completion, registration, administration, protection and enforcement (including the costs of any proceedings) of this mortgage…' New term 'You must pay on a full and unqualified indemnity basis all fees, expenses, taxes, liabilities and legal and other costs …reasonably incurred by the Lender in: (a) the preparation, completion, registration, administration, protection and rightful enforcement (including the costs of any proceedings) of this Mortgage…' Term 2 What did we think was unfair? In the mortgage terms and conditions there was a term stating that early repayment charges may be payable. There was no such term in the Legal Mortgage Deed. Why did we think it was unfair? Customers reading the Legal Mortgage Deed might think early repayment charges do not apply. What has the firm done? The Legal Mortgage Deed now includes a cross-referencing clause so customers know that terms covering early repayment charges are in the mortgage terms and conditions. New term 'Should you wish to pay the Secured Amounts early, the Lender has the right to make an early settlement charge. The charges that will apply are set out in the Offer and the terms that will apply in relation to early settlement are set out in clause 6 of the Loan Terms and Conditions.'

Hi All, Getting a bit stressed on this one, seems like they always have the upper hand. I've posted bits about this in two other sections but I guess I need to put all the problems into one post and decide the best way forward. History: I have a car on HP. Broker put the deal together for the finance company in 2008. Within 14 days of signing the paperwork I noticed that the purchase price of the car was incorrect by £1300. It should have said £4200 but instead the agreement was set up for £5495. I raised the issue with the finance company but they said it's the brokers problem to solve. I've gone back and forth with the broker for the last 4 years with no success what so ever. I have an invoice for the car to prove the price should have been £4200. I recently attempted to send the car back (as you can with a HP agreement) but was told I would still have to pay the full amount of loan (another £4000 left to pay) as they had already terminated the agreement 2 years ago. I knew nothing about this. Never received a termination notice and I do not have a default on my credit file relating to any termination in the past. Plus I still have the car and receive letters from time to time reminding me of my right to terminate??? When I found out about the termination I went back to check the terms in the paperwork and discovered that when the broker emailed the agreement to me, they forgot to add 3 pages of the terms and conditions. So, I have a signed HP agreement which states the wrong purchase price by £1295 too much, 3 pages are missing from the terms and finally I have lost the option to give up the vehicle and walk away as the finance company claim they terminated 2 years ago even though I never received the termination notice or default notice nor did they report a default to the CRA's I am now expected to pay them another £4000 cash despite already handing over £7000 for a £4200 car. I have written to them recently to complain and they have subsequently wacked a default on my file as of the 9th September in retaliation. HELP!!!! Cheers, 1970.

Hi I have a one year assured shorthold tenancy agreement. It contains no prohibition on keeping pets in the flat, as has been confirmed by my letting agent. However, I have received notice that, should I wish to renew the tenancy in July, the new lease agreement will contain such a prohibition. Are landlords/letting agents allowed to change terms and conditions other than rent on a renewal? Is there any legislation on this? Many thanks.

I've used ParcelMonkey a few times recently; most recently I was arranging a return for the boss and PM came out cheapest on their bulk rate. No great surprise there, but what did pique my interest was the definition of 'perishable items' in their T&Cs -- as well as their no-compensation and prohibited items list. In their T&Cs (parcelmonkey.co.uk/terms-and-conditions) it reads (emphasis added): I couldn't believe it when I read that they'd defined designer clothing, apparel and accessories - over £250 in value, no less - as a perishable item! How is this justifiable? Subsequent Googling of other couriers' T&Cs with regards to perishable items yielded only the standard fare; foodstuffs, livestock or stuffed animals, etc. In addition, PM's "no-compensation carriage" list is bizarre (parcelmonkey.co.uk/prohibitedItems.php) and includes a mixture of reasonable and completely bizarre specifications with no promise of compensation should they be damaged. (Even if they're packaged correctly?!) This all strikes me as overly optimistic on their behalf and vastly overreaching; of course you have to consent to the T&Cs before you book a courier - so should a complaint ever arise over an item damaged or nondelivered they can just fold their arms and say "well, as you agreed, we hereby refer you to the response in Arkell v. Pressdram" and subsequently ignore you. Now whilst any company's entitled to state what it wishes or does not wish to carry on behalf of customers, if the individual couriers' own T&Cs are less restrictive than the third party broker (Parcel Monkey) would it not be arguable that their own T&Cs are unenforceable as the additional restrictions are arbitrary and, in some cases, punitive? I can't afford to send a laptop hoping it'll get broken to then file a test case, so I'm interested to hear what people think of all this from a purely academic standpoint. Are there any relevant precedents?

Hiya, I apologise in advance if I am posting in the wrong thread. I'm just wondering... Does a company have to provide you with a copy of something proving you agreed to T&C's before you purchased something online if you request it or can they refuse to do this? Thanks in advance

Not only will they take 20% of 'your' money plus another 20%vat on top of that, they spend some of that money they take from you paying Indian spammers to spam forums. They also conveniently do not have their Terms & Conditions showing saying there is a problem with the page but admin have been informed. Well admin must be on holiday because it's been like that for a long time. What have they to hide, what is in their T&C they don't want you to know. http://uknationalforums.com/showthread.php?1035-Claiming-Back-PPI

Hi - if one had a secured loan with PPI would it be statute barred from claiming back the mis-sold PPI after 6 yrs (as claimed by the lender)? Also, amongst othe things wrong with it the cover is for only one person yet a joint loan - this is wrong isn't it?? thanks in advance:)

Hi Can anyone let me know whether MBNA has broke credit agreement. Last year I opted out of an interest rate rise which froze account so that they could no longer increase my interest rate and I only pay off minimum amount every month. But it seems they have been taking minimum amount + £10 on top, this was never agreed with me. So question is have they broke terms of credit agreement, if so where do i stand. Thanks

Hello, I'm looking for some advice please. Sorry in advance for what maybe quite long winded. I have a substantive contract with the NHS and I work Monday to Friday 9-5. I have worked for the NHS since 1997. I also have a zero hours contract with the county council for whom I receive a payment as long as I participate in a rota. The work I do for the council takes place during my NHS working hours. (I started this role about 3 years ago). The council pay my particular department to provide and manage this service. It is what is called a joint integrated service. Some of my colleagues that are on the rota are employed and paid by the council but are managed by the NHS so they have 1 contract of employment. I and 2 others have 2 contracts. The problem is that like everywhere, there are a lot of changes taking place and the main one is that they want the rota to cover 24 hours which will mean that I have to perform standby duties, and I have been told that I am required to accept this change. There logic is that there has been a consultation period and everybody's views have been heard and taken on board but the changes will take place. I have asked questions regarding pay and other issues which have not been answered. The management have informed us that they have clarified my contractual relationship with the council as they pay me separately for the extra role, they also ad that it has an 'Unequivocal' relationship with my wider contractual obligations with my main role (with the NHS). They make the point that if I withdraw from my extra role with the council that it would be seen as me withdrawing from my substantive role with the NHS. - Nowhere in my council contract does it talk about any links with my main job. It is very clear in the contract that it is a stand alone zero hours contract where I will receive a payment for participating in a rota during 9-5 Monday to Friday. What I have been told is that I can only leave the rota if they allow me to and only with good reason, and if I refuse to participate in the rota and accept the new working conditions this would affect my main employment. They say that they have received advice from a barrister regarding this! I'm not convinced they have a leg to stand on as they are essentially forcing a dramatic change on me which I don't seem to have much say in. Especially as I have not a lot of choice in the matter. Any ideas please?

Hi, I was wondering if anyone could help understand the exact payment dates implied by the following clause in a contract: "Fees are monthly into your UK bank account five working days after the end of the pay period. The period is monthly from the first to the last day of each month." Does this mean that for July the pay date would be the 6th (Friday), or the 9th (Monday). Thanks in advance for your help, Sam

Ihave been advised by my bank that they have changed my overdraft terms and cut the amount I had by £250. well I was surprised to say the least and as I am getting married next month I was relying on this over draft facility. The bank said my spending pattern has caused this change . can anyone advise me what to do please?

When you buy the cover, Is all the mumbo jumbo they staple to your receipt the complete T&C's ...? Could someone please point me to the FULL T&C's many thanks