newbie today

[nicklea]

When a copy of the agreement is sent under s77/s78 it doesn't have to have a signature on it. If you were to request the original agreement with an sar then they would have to provide it.

 

What the solicitor says is correct, it has already been admitted in court. It is always open to you to go back to court and request that it is set aside but that is definitely an uphill struggle (even more so after the debt has already been admitted).

 

You don't necessarily need to be put off by that but you will need to be very sure of your arguments. Also, do be aware that if you are unsuccessful the other side will be able to claim their expenses from you as well.

 

If you could scan the agreement that was sent to you (especially the terms and conditions) then that may give a clue as to why the debt is so much. It may also (although this is a small possibility) show that the figure is wrong and that will give some extra strength to your argument.

[fedup74]

Hi Nicklea trying to scan agreement (I am totally useless with computers) have scanned it but don't know how to post it onto here I think it has something to do with cut, copy and paste but haven't a clue how I do it- yes I am a computer numpty!

[debbbbsy]

Myself & duncan have a ccj against us, it was issued 10 years ago.We are currently putting a case together against the RBS...see DandD.We never defended it at the time....but we knew the value of the debt was wrong,but couldn't prove it. The data recieved from our SAR in march has given us enough ammunition to apply our N244. So don't give up.

[nicklea]

fedup,

 

If you sign up to photobucket (it's free):-

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Then you can put the agreement there and just post a link to it on this thread

[fedup74]

Don't know if I've done this right here goes

Edited June 5, 2008 by fedup74

[fedup74]

WRONG I give up!!!

Edited June 9, 2008 by fedup74
WRONG!!!

[nicklea]

ok,

 

So you've signed up for photobucket?

 

click on "albums & upload" in the top left

 

Then on the left where it says "Upload Images & Video" you will see it blue that it says "old uploader" in blue - click on this - I find this easier to use

 

It will take you to another page and this will have a button which says Browse.

 

Click on this and it will open up your windows explorer so you can search for the file.

 

You then upload the file. It takes a bit of time.

 

When you've finished everything go back to the album page and down the bottom of the page you will see a small version of the file. Just below that is a link that says "Direct Link" copy that link and post it here:-

 

http://i281.photobucket.com/albums/kk204/nickleatony/IMG_0105.jpg

[fedup74]

Feel like my head will explode keep getting popups- still can't do it will try later once I have taken my Valium!!!!!!(Not really on Valium-YET!!!!)

[honey5]

if its easier for you just copy the direct link from photobucket and then right click on you mouse to paste it in here

honey x

[rory32]

Have a read here and see if that helps (the photobucket info is towards the end) http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[fedup74]

leeanne74 - Photobucket - Video and Image Hosting

If you click on this you will see all photos on photobucket all images are of the agreement, nothing else on there! It only took me 4 days to do this WOW!!!!!

Edited June 9, 2008 by fedup74
?

[fedup74]

Could somebody please remove these useless links!!!!

[rory32]

Could somebody please remove these useless links!!!!

Done.

[fedup74]

thankyou

[nicklea]

HI fedup,

 

I'm afraid that you might get a bit fedup (pun!) with this request. I had a look at the images you posted.

 

Three of them are for the same front page of the agreement. Was this intentional?

 

On the front page it says "condition 3(6) overleaf" - did you get any other pages from them? The term that says whether they can charge this extra interest will be near there.

[fedup74]

No very unintentional!!!! The 2 pages are the only ones we got on the agreement from solicitor. I have deleted the others from photobucket so these are the only 2 now. Does this shed any light? Really appreciate your help please don't ask me to go in the twilight zone of photobuket again my head was seriously done in!!:o

[nicklea]

ok,

 

Unfortunately, this doesn't really help much as you really do need to see that missing page of the terms and conditions to see if the judgement should have been for £30k.

 

What this all revolves around is whether or not there is what is called a post judgement interest term in the agreement. This term will read something like "interest will be charged on all late payments outstanding before and after any judgement (such obligation to be independent of and not to merge with the judgment)."

 

This allows them to carry on charging interest after they have got the CCJ. However, if there is this term then they shouldn't have got a judgement for the full £30k, they should have taken account of the Consumer Credit (Early Settlement) Regulations 2004 which basically gives you a rebate on the amount owing.

 

If they do not have a term like that in the agreement then they can claim the full amount, however, if you canmanage to somehow pay the full amount before the original end date of the loan then you must be given a discount.

 

There are a couple of threads here which might prove interesting (or not - they're a bit of a heavy read):-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/139880-warning-pji-post-judgment.html?highlight=southern#post1489111

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/120043-womble-72-northern-rock-13.html?highlight=southern#post1323420

 

 

 

Another couple of points to think about.

 

You will probably need to do this separately now because it's a bit too late to use as a counterclaim, but I would seriously suggest you read some of the stickies here about making a claim for misselling of ppi:-

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

 

It may be worth making a claim for damages from them for mis selling the ppi

 

Also, you originally mentioned that you had a loan for £15k yet I notice that £126.49 of this went on paying off an existing acccount. Did you actually have an existing account with them at the time?

[fedup74]

He bought a bike from Halfords and they were like a dog with a bone to get him to take out another loan to consolidate. At the time this fine we both worked full time but when we had the baby he was sick and needed an operation, I was sick with post-natal depression and had 12 months off work ,going back part time and Tony had to cut down all his hours too so I could work nights! Obviously money was tight then the bank started their charges and took my overdraft away so my whole months wages were gone(another story!) This loan direct debit started to be declined and the rest is history. They were the only 2 pages he recieved from solicitor which, I assume, is what he showed to the court. If you look at the bottom of the agreement on both pages there is a date of 15/12/05:confused: the loan wasn't taken out till June 2006:o We have sent SAR to OC and are awaiting their info but even on the statement from them the loan starts off at £19k on 13/06/06 on the solicitors one the opening balance is £30.5k. The charges are on the OC statement but not on solicitors and he has even made a statement on his court witness papers that there are no charges on the account-LIAR!!! Think we need to wait for SAR info and see what's what. As far as you can tell is this agreementright in its entirety? Once again thanks;)

[fedup74]

Just noticed on 2nd sheet is says "If this is a both a loan and insurance loan the Combined Total Amount Payable is £30,517.20." Also where he paid off his bike for £126.49, rather than paying off the whole amount, he has been paying£2.40 per month and the total amount payable on that is £201.89. What a rip off. I would have thought in taking that extra money to pay off that first loan they would have had to do this straight away cos won't he be getting charged interest on this too? He has written a letter to OC asking for PPI back, this was on 3rd April- not heard anything yet. I'm sure they will say that they cannot pay out as the loan is not finished yet. Ooh the more I read the angrier I am getting. This place should not be allowed to do things like this

[fedup74]

Also on that 1st sheet it says "You have NO right to cancel this agreement under the CCA 1974, the Timeshare Act 1992 or the Financial Services(Distance Marketing) Regulations 2004. What's that all about:confused:

[nicklea]

We have sent S.A.R - (Subject Access Request) to OC and are awaiting their info but even on the statement from them the loan starts off at £19k on 13/06/06 on the solicitors one the opening balance is £30.5k.

 

The loan is £19k because you also took out ppi as well. This is added to the £15k

 

on the solicitors one the opening balance is £30.5k

 

This is the total amount repayable over the course of the loan. It all comes back to that missing page of the agreement with the t&cs. It will say on there if they can claim interest after judgement or not and so you will be able to tell if they can claim the higher figure

 

Also on that 1st sheet it says "You have NO right to cancel this agreement under the CCA 1974, the Timeshare Act 1992 or the Financial Services(Distance Marketing) Regulations 2004. What's that all about:confused:

 

This was just something that was added so that consumers are aware of this fact

[fedup74]

Have sent an email to solicitor asking for 2nd page of "agreement" and also a breakdown of the £4145k collection charge. Lets see what he comes up with. Have also told OH to ring OC and tell them to get their butts in motion re PPI (sent origanal request for refund in April) Think I'll write them a strong worded letter of what we think of their complaints procedure:p

[fedup74]

Received letter re SAR they now want a utility bill and his signature. Utility bill just proves his address which they already know seeing as they have a charge on it! Do they really need his signature to comply with request- he just printed his name on the request form? Should he just sign and put a line thru his signature? I know they def haven't got original agreement cos this is what is holding up PPI claim.

[fedup74]

Hi everybody, long time, no post!! This is how long it has taken HFC to come up with SAR documents, and they can't even do this properly:rolleyes: They have sent copies of computer prints- gobbledy gook- no loan agreement (they said this is with collections? I assume they mean solicitor) Oh but hang on there is no agreement!! They have written down on one of their forms that they have requested agreement from somewhere but it will take 40 days to get- ahh but hold up they rung the solicitor and they can take a reconstructed agreement to court!!! They filled out all they could and sent it to solicitor to take to court (which was never shown to the judge I wonder why? The solicitor told the judge that she didn't have the agreement to hand! So I have it written in black and white that there is no agreement. I know this won't help as there has already been a judgement passed. There is no mention of any Default notice in the SAR stuff either- this would be the same notice that was also "Reconstructed" to the court, they changed the dates on the one that was attached to witness statement. I don't know where to go from here- whether to complain to HFC that they have not sent everything or maybe get the CCJ set aside. There is a complaint gone in in June to the FOS concerning mis-sold PPI, I have put in the falsified default notice for them to see it but TBH I don't think they will be interested. Any ideas please? Thankyou:)

[fedup74]

Bump please (Sorry!!)