Cap1 & CCA return

[vint1954]

Thanks for your reply reallymadwoman. I might try and see if they will take a reduced amount and do it 0%, if they have not got the cca then this would put me in a stronger position. Does anybody know if there is a thread for settling for a reduced amount, there are so many threads and replies sometimes it is like looking for a needle in a haystack?

They don't seem to have kept physical copies of agreements, only tiny carp copies.

 

Be prepared for them to be ecomomical with the truth of the situation. If you keep writing ( baiting ) to them, suggesting that they have not got the true reverse of the agreement, they will send enough different ones to prove that they can't put a true copy together.

 

I have 4 different T&C's that were supposed to be on the reverse of an application form. Even their solicitors have sent 3 versions plus 2 varrying DN's, neither as the original.

 

You may actually get an offer from them, of a reduced settlement, if you wait it out.

[ODC]

I have 4 different T&C's that were supposed to be on the reverse of an application form. Even their solicitors have sent 3 versions plus 2 varrying DN's, neither as the original.

 

.

 

That would be fun if they took it to Court if they have assured you that each one was correct:lol:

[vint1954]

That would be fun if they took it to Court if they have assured you that each one was correct:lol:

They are and they have! The replies from the solicitors are in response to CPR 31.14 disclosure.

[cab1ne]

whats the deal on commissions:confused:

 

cab

[vint1954]

whats the deal on commissions:confused:

 

cab

Commissions?

[cab1ne]

i have just discovered that my agreement was subject to a commission being paid to the amount of £999.91 to a broker. is it legal ???

 

cab

[diddydicky]

i have just discovered that my agreement was subject to a commission being paid to the amount of £999.91 to a broker. is it legal ???

 

cab

 

not if you were not made aware of it , no

[pt2537]

not if you were not made aware of it , no

nearly right

 

IF you paid the broker a fee and then he goes and gets a back hander from the lender then he is in breach of his fiduciary duty, however if you dont pay the broker for his services, then he is entitled to get paid from somewhere inst he?

[cab1ne]

not if you were not made aware of it , no

 

no i was'nt DD. "another nail in the coffin" i presume

 

cab

[cab1ne]

nearly right

 

IF you paid the broker a fee and then he goes and gets a back hander from the lender then he is in breach of his fiduciary duty, however if you dont pay the broker for his services, then he is entitled to get paid from somewhere inst he?

 

"lost me now"

 

cab

[vint1954]

In short, the fees you pay and who you pay them to must be visible to you.

[pt2537]

how have i lost you now?

 

If you go to a broker, he doesnt work for free does he?

 

hes a right to be expecting to be paid by someone?

 

or do you think that brokers work for free?

 

you see, the brokers duty of care only works when he is employed and thus paid by you to find you the best loan, if you dont pay the broker, then you can hardly complain he received payment from the lender can you

 

go read Imageview Management V Kelvin Jack and you will see the issues

[pt2537]

Imageview Management Ltd v Jack [2009] EWCA Civ 63 (13 February 2009)

[cab1ne]

i think i may be confusing the issue (my apologies)

 

i sought the vehicle through a dealer who then sought the finance as an agent for the creditor. i did not ask or permit or sign anything at any time for a broker, but it is obvious i have paid for one without any knowledge.

 

cab

[pt2537]

i think i may be confusing the issue (my apologies)

 

i sought the vehicle through a dealer who then sought the finance as an agent for the creditor. i did not ask or permit or sign anything at any time for a broker, but it is obvious i have paid for one without any knowledge.

 

cab

then you have no claim it seems as the broker was acting for the lender not you and case law clearly distinguishes these circumstances

 

in fact the case im thinking of was exactly the same as yours and the court said no wrong had been committed as the broker didnt owe the debtor a duty

 

i will dig it out and post it here

[cab1ne]

thanx pt.

 

i just thought by reading some of the threads that a commission between a broker and a lender was just that and it should be at thier own expense and not mine. i think the word i have seen was called "secret commissions", but can't remember where i have seen it

 

cab

[diddydicky]

no i was'nt DD. "another nail in the coffin" i presume

 

cab

 

but corrected by PT!!

[diddydicky]

how have i lost you now?

 

If you go to a broker, he doesnt work for free does he?

 

hes a right to be expecting to be paid by someone?

 

or do you think that brokers work for free?

 

you see, the brokers duty of care only works when he is employed and thus paid by you to find you the best loan, if you dont pay the broker, then you can hardly complain he received payment from the lender can you

 

go read Imageview Management V Kelvin Jack and you will see the issues

 

i hope thats not the same SOB useless goalkeeper Kelvin Jack that we had at our football club for 2 years and did sod all!!

[cab1ne]

sorry pt,

but i have asked about a commission i know nothing about and you quote:then you have no claim it seems as the broker was acting for the lender not you and case law clearly distinguishes these circumstances

 

but on another thread i have just found one of your quotes:an undisclosed commission which is totally secret, that is to say NEVER EVER disclosed, or even suggested that a commission may be paid to a broker , is dynamite

 

:confused:

 

cab

[means2anend]

sorry pt,

but i have asked about a commission i know nothing about and you quote:then you have no claim it seems as the broker was acting for the lender not you and case law clearly distinguishes these circumstances

 

but on another thread i have just found one of your quotes:an undisclosed commission which is totally secret, that is to say NEVER EVER disclosed, or even suggested that a commission may be paid to a broker , is dynamite

 

:confused:

 

cab

 

You are either confused or you have....

 

The fine qualities of a cross-examining lawyer..

 

 

 

m2ae;)

[cab1ne]

You are either confused or you have....

 

The fine qualities of a cross-examining lawyer..

 

 

 

m2ae;)

 

m2ae,

confused "YES"

cross-examining lawyer "I WISH":lol:

 

cab

[pt2537]

it depends upon the circumstances, an undisclosed commission can be a breach of fiduciary duty, but it all turns on the circumstances in each case there is no one size fits all approach here im afraid

 

as i said , read Image view and jack it sets out hte commission issues, if the broker isnt paid by you then you really cannot complain

 

i will post the case where the court said that the car dealer is the agent of the lender not the debtor and thus the debtor couldnt complain about him getting a commission

[cab1ne]

it depends upon the circumstances, an undisclosed commission can be a breach of fiduciary duty, but it all turns on the circumstances in each case there is no one size fits all approach here im afraid

 

as i said , read Image view and jack it sets out hte commission issues, if the broker isnt paid by you then you really cannot complain

 

i will post the case where the court said that the car dealer is the agent of the lender not the debtor and thus the debtor couldnt complain about him getting a commission

 

right pt getting the gist now (slowly) but getting there.

 

just done a bit more reading of my paperwork and from what i can see,

 

just to clarify a bit more, apperently the dealer was'nt an agent of the lender (my apologies). the dealer sought the help of a broker RFC Ltd to seek the finance of the vehicle. then the dealer told me i had been accepted for finance, (the dealer just got the cash from the lender and my £500 quid deposit).now i have a copy of the underlying sheet it shows that the creditor has paid a commission to the broker RFC Ltd.

 

cab

[Vulture_Bank]

just to put a link to events in parliament today concerning vulture funds and a private members bill getting an unopposed second reading.

 

all speakers found the existence of thes funds abhorrent.

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/249352-private-members-bill-re.html

[Deep blue sea]

Hello, I'm a newbie here. I have recently been contacted by a company saying they can reclaim all my PPI and that they will do this for a fee- of course. £95 quid. I'm currently in a debt management plan and would love to lower me debts- but it all seems so complicated.

They say I could claim back 15K???? How is this possible???

 

any advice would be greatly appricated.