Consumer Credit Act and Your Rights


The main consumer rights that the Consumer Credit Act 1974 provides for British consumers:

Your right to cancel a credit agreement

You have the right to cancel a credit agreement under the Consumer Credit Act 1974, but this depends how and where the agreement was signed which affects the cooling off period.  Whatconsumer.co.uk has summarised this below:

You have a 5 day cooling off period when the credit agreement is not signed at the creditor’s usual place of business:

  • in your home
  • at your work
  • at an exhibition or conference pop-up stand

Note that the 5 days begins when you receive the cancellation form included with the second copy of your credit agreement.

You have a 14 day cooling off period when the credit agreement is signed:

  • through a broker
  • through an intermediary
  • At distance e.g. over the phone

Note the 14 days doesn’t begin until you formally receive notification about how to cancel the contract.  Additionally, the creditor may make a reasonable charge for services that you enjoyed prior to cancellation.  There is more detail here in the whatconsumer.co.uk guide to cooling off.

Credit Cards – Section 75

Section 75 of the Consumer Credit Act imposes equal liability on the creditor for breaches by the supplier. In other words, if the company you are buying from goes bust or disappears, or if the goods turn out to be faulty and you can’t get recompense from that company, the credit card company shares responsibility to refund you for the entire amount. However, it is important to remember that this is the case only for amounts between £100 and £30,000.

More recently, section 75 was also extended to cover transactions made overseas or to foreign companies. This also includes buying goods for delivery to the UK from overseas by telephone, mail order or over the internet.

There is now widespread awareness of this loophole as a means of enhanced consumer protection. As a result, credit card companies are getting increasingly reluctant to accept claims so easily. If you are having difficulty pursuing a claim against a credit card issuer, or they are telling you that you must first get a court judgement against the supplier, report it to the Financial Ombudsmen (www.financial-ombudsman.org.uk). They may even be able to award you compensation.

CCA Request – Section 77 – 79

Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements,  s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).

With regard to loans, the specific information must include:

  • The total sum to be paid, as per the agreement
  • The sum still outstanding and the due dates for each installment
  • The total sum payable, if different from the agreement.

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.

In addition to this requirement, new regulations now require loan providers to provide statements to be sent to the consumer no later than one year after the contract was made. Failure to do this will mean repayments (and interest) can be halted until the statement is sent.

Your request must be made to the creditor (via the debt collection agency if one is involved) with the payment of £1)

Is my credit agreement legally unenforceable?

There has been a lot of publicity surrounding the ability to get out of debt by going through credit agreements with a fine toothcomb in order to spot any breaches of the regulations. In other words, looking for ways in which credit agreements may be rendered legally unenforceable. As mentioned in the previous section, the various Consumer Credit Regulations are very strict on what information must be presented, when it must be presented, and the order and manner in which it is to be shown. If any of the required information is missing, or simply not provided to you within seven days, the supplier may be in breach of these regulations. However, amendments made to the Act in 2006 closed this loophole, so now a court can still enforce a credit agreement even if the creditor has not complied. However, the creditor will still have to get a court order to do this, and may well not bother if the sum is not significant.

Accessing your Credit File

If you have been turned down for a credit agreement, you have the right, under sections 157-159 of the Act, to request that the lender provides you with details of the credit reference agency they used to access your credit file. You must do this in writing within 28 days and the lender must respond to your request within 7. There is more on this in our section on accessing your credit file.


Leave a Comment

111 comments… add one

  • Vincent Rocks 25 February, 12:38 pm

    Dear Sir,

    I was paying my house insurance by monthly instalments on direct debit(DD).
    I stopped the DD in December, which would have been the last payment for 2008.
    The insurers are now claiming back the instalment although I never made a claim for that (or any other)year.
    Additionally, I never entered into an agreement, as such.
    The company just sent me a renewal quote in Dec. 2007 for the forthcoming year. The letter stated that the insurance would be renewed automatically and I need do nothing.
    I was away from home at the time. By the time I returned, the insurance was up and running.
    Is what they are claiming correct? Can they do this? Please advise.

    Reply
  • Catriona 25 February, 2:03 pm

    Vincent, the company have to give you reasonable time to cancel the automatic renewal, it shouldn’t be less than about 3 weeks. Don’t forget you have a 14 days cooling off period to cancel this, if it came by post.

    Reply
  • Beth Langley 9 March, 5:58 pm

    My partner and I booked airline tickets with Zambian Airways last year using our credit card. The airline have subsequently suspended operations. In this instance are the credit card company equally liable under section 75? If so, how do we go about claiming?

    Reply
  • Catriona 10 March, 12:19 am

    Beth, yes, as long as the total transaction came to over £100 which I assume it would have done. You simply write to the credit card company outlining the circumstances and details of the transaction, and request a reimbursement within reasonable time.

    Reply
  • Robert McLarrie 2 April, 12:01 pm

    I have an unsecured loan with Northern Rock taken out at the time of remortgage 2003 which is the method used by Northern Rock in giving out their offer of %125 mortgages. the interest rate on the unsecured loan is and has been variable after a fixed rate period all as the signed agreement, Is this a legal method for offering and servicing an unsecured loan?

    Reply
  • Mr B S Gilbraith 9 February, 3:11 pm

    Does section 79 concerning the making the information in the consumer credit agreement available when a debt collection company is chasing the wrong person for a debt and therefore there is no information truely applicable to accused debtor? My wife is being chased for a debt she does not owe. The debt collection agency has suspended collection of it but will not recind the allegation. Neither will they supply any information regarding the debt, which is thought to be for unpaid rent. No debt breackdown, no date unpon which the debt became due, no property address, no rental agreement, no information indicating why they thought my wife was responsible. The owner of the debt will not reply to us. We cannot clear this matter up unless we receive information and it looks like the debt collection agenecy did not have sufficient justification for chasing my wife for it and have been ecremely harassing before they suspended collection.

    Reply
  • Olalemi John 17 February, 6:44 am

    Hello,
    I happened to registered with a computer training college named Advent Consults on the 30th May,2009,who took a loan on my behalf from barclays finance for this course.I had been paying back this money through direct debit until January,2010.In january,i was sent a mail that advent consult has gone into liquidation,therefore could no longer provide my service,while the loan with Barclays finance is still hanging.I called barclays for the way forward.i was told since i had already signed a loan aggrement,they must provide another provider of their own choice for me to continue with.What if i dont like the terms of service of their new provider?What happens to my previous payment?please i need an answer.Thanks. John

    Reply
    • Tony 18 February, 11:57 pm

      It is all about reasonableness – would a reasonable person see the choice as adequate. This would be the view of the judge if it goes that far.

      Reply
  • Charlie 22 February, 4:59 pm

    I have a loan agreement with Barclays to pay a service provider for a plumbing course. The provider has now gone out of business but I’m told the loan still stands. Does the bank have a legal time scale or deadline to find a new supplier before the agreement is cancelled or can they keep the agreement valid indefinitely? Should I have heard from an insolvency broker by now on behalf of Access to Trade Skills (the supplier who went bust in January)? In the terms and conditions of the loan there is no notice of any sort of cooling off period or cancellation process, only a statement saying I apparently have no right to cancel at all under the CCA 1974! Does this mean that Barclays bank is above the law? Any advice gratefully recieved. Thank you.

    Reply
    • Matt 28 February, 6:23 pm

      I am in the exact same situation as you with the same company. I am so apauled that Barclys would have taken on Anglo Capital Ltd (the company behind access to trade skills)as they must of known they where going bust. I want Barclys to cancel the agreement and pay me back my money that they have taken from me for a service i am no longer receiving. I called up trading standards and they advised me to write a letter to Barclys partner finance which i am in the proccess of doing right now expressing my wish to cancel or get some sort of settlement, otherwise just like it says in point 3 of the agreement where its says ‘your rights’ it says “if the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.” so if nothing comes of this letter then sue i will try.

      Reply
  • leighlor 26 February, 8:23 pm

    i owed a friend £500, he asked me if i could pay someone he owed money to.i paid over the phone using my debit card i later found out that they were 4 other transactions totalling £2400 made by this person. the bank says it is not fraud as i authorised the first payment i foned this company and they said this person owed them more money, i have told my friend about it but he is out of employment. any advice would be greatly appreciated! thanks.

    Reply
    • Tony 2 March, 10:58 pm

      Leighlor, you need to get on the phone to your bank and ask them to reverse the other three payments that you did not authorise and are fraudulent.

      Reply
  • Phil Chave 1 March, 12:49 pm

    I think Budget Insurance are playing dirty. We had our contents (feb-feb) with them for what we thought was 1 year, as we look around every year and change companies regularly. As the renewal of our buildings policy drew close (nov 09), we checked for combined building/contents policies and chose one, which we took out. It was not with Budget, but the Budget policy only had 2 months to run, so we didn’t bother cancelling it. We heard nothing from Budget around Feb. when the contents would have been due and so did nothing.
    Next we noticed Budget had taken £122 from our account as a renewal.
    My wife rang to tell them there was a mistake and was bullied into accepting a £99 refund as there was an admin charge for cancelling the policy and 8 days of policy run which was £2 something.
    Even if you accept that the renewal invitation was lost in the post and so they assumed it was okay to take my money, under the 14 day distant selling rules, surely I am well within this by at least 6 days.
    Does this not mean the refund should have been in full? Given that my contents were already insured elsewhere and the policy was renewed without my permission.
    Please if anyone can, please clarify my position before I call them back.
    Many thanks.
    Phil Chave
    Blagdon UK.

    Reply
  • c smith 31 March, 12:39 pm

    Hi I bought a sofa and two chairs from a leading High street furniture shop and took finance out over four years. When I returned home I realized I took on a financial commitment that I would struggle to pay, is there anyway out of this. I have contacted the shop & am waiting for them to return my call. Can I cancel the credit agreement as goods have not been received.

    Reply
  • Michael Glenn 14 April, 7:02 pm

    Hi, I have recently recieved an unsolicited call from Consumer Credit Services who claim that as I took out my credit card agreement on line and did not actually sign any paper work then the agreement can be cancelled. Surely this can’t be right?

    Reply
  • Catherine 14 April, 9:49 pm

    Hello, We applied for a BT phone line when we moved into our new house. Within hours of being connected we were receiving cold calls, anything from 2-6 a day despite requesting ex-directory status. We cancelled the service within 10 days and have since moved providers. We then got a bill for £90, a ‘cancellation fee’. I’ve wrote a couple of letters to complain but they won’t back down. They claim that their cooling off period ends when the service connects, how can this be possible? That would only give you 2 to 3 days and no experience of the service. What are the rules around agreements that are taken up on the internet and haven’t been signed for?

    Reply
  • BERNADETTE 28 April, 7:30 pm

    Bought counterfit goods online,through paypal was too late complaining to them because the company promised they would give me a full refund.This company is in Hong KONG STILL HAVE THERE WEB SITE Is there anyway i can get my money back

    Reply
  • Rebecca Annoh 20 July, 4:45 pm

    I purchased by phone, using my visa debit card, through a travel agent, an e-ticket which is of no use as I arrived at the airport to find the airline was not flying and have since filed bankruptcy. This is a foreign airline and there is no response at their London office, so I cannot get any recourse from the airline direct. The travel agent is still trading. Can I claim my money from the travel agent who are ATOL protected?

    Reply
  • shaun 30 July, 6:57 pm

    I bought a car using a fixed sum loan with barclays. Is it legal to sell the car even though I cannot afford to settle the finance? I want to pay the money from the car towards the loan and lower my monthly payments.

    Reply
    • Peter bardsley 13 October, 6:28 pm

      Hi shaun

      Hi
      If the loan was a creditor debtor unrestriced use loan.

      This means that the Credit was paid to you with no restriction on how you spent it, then you are free to do what ever you want with the car.

      If it was a HP agreement the car will not be legally yours untill you have paid the full amount on the agreement and a token purchase fee which is usually included in the last payment.

      If it was a restricted use agreement then the credit would normally have been paid to the dealer.
      If this is the case then normally the credit agreement will be purely for the funance and the car is again your property, and you are free to sell if you wish.

      To be absolutely sure check your agreement first.

      If you do not have your agreement you can request one by sending a letter to the dealer or the finnance provider(the latter is the best option if you have the address)saying you would like a “True copy” of the credit agreemnt under section 77 of the consumer credit act 1974. and encllose the statutory fee of £2.

      They are obliged to respond within 12 working days to your request

      Reply
  • darren hatchettt 13 August, 11:42 am

    hi i got a car on hire purchase on 2nd feb 2009 it was 16 monthly payments totaling 3137.00 i have made all the payments execpt the last one as i had a acedent at work i will make this payment the payment was due out of my account on the 16th june last night a man from the hp company come to my house to take the car on the aggreament which i have a copy it says that if i have payed one third which is 1064.00 thay cant take the car is this true

    Reply
  • Carl 18 August, 8:00 pm

    I have a Zaffira on finance with Welcome Finance, unfortunately two and half years ago my circumstances changed drastically and I could no longer afford the repayments. I had had the the just over 19mths at this point. As this was the second car I had had from them with no missed payments, I was shocked to see them knocking at my door less than a week after payment was due. I asked them to take the car away as I could no longer afford the repayments, she got very shirty with me so I closed the door on her. I then wrote to welcome asking for a settlement figure thinking maybe I could sell the car and pay the finance off that way, but the settlement figure was for the full amount of the outstanding with know discount making that idea impossible. after several months with no contact from the company they telephoned me out of the blue saying they would reposes the car and have an attachment of earnings placed on my wages. At this point I contacted the financial services ombudsmen who after two yrs deliberating ruled in welcomes favour as they had no record of me either asking them to take the car back or my request to sell, they said that rule of probability is that Welcomes statement is more likely to be accurate. (lesson learned, get everything in writing) whilst the fsa where looking into the complaint I was advised by national debt line to write to welcome and ask for a full statement of the account and a copy of the credit agreement, which according to the consumer credit act I have to pay £1 for and they have so many days to supply the information if they fail to do so the agreement becomes unenforceable. to this day they have never replied although they did cash the cheque. Now my problem is this it has been 7months since the fsa ruled for welcome, the agreement I understand to be unenforceable,I have still not heard from welcome and I appear to be stuck with a car that I can’t sell, can’t afford, may now owe the full outstanding balance and don’t know where to turn, can anybody offer any suggestions.

    Reply
  • Jo 24 October, 9:57 am

    I brought an engagement ring from a jewelers. They re sized it and then i purchased it, without really looking at it, assuming it was fine as it was before the resizing. I took it home and then had a look over it. It was not the right shape and the joining at the top near the stone was very bad. I took it back to the shop the next morning, the lady was very rude and said there was nothing wrong with it but said she will get the gold smith to look at it. I went in a few days later and spoke to another member of staff who said she couldnt believe how bad it was and the gold smith is usually a perfectionist! The ring came back completely untouched with no explanation. I asked the shop manager for a refund, she said she couldnt do this as she didnt see anything wrong with it (after commenting on her poor eye sight) another member of staff had spotted the flaws. She said the ring will be sent to head office. So far 15 days without a ring i have paid £500 for, and no chance of it getting fixed?? where do i stand. I paid be credit card, she said theres nothing wrong with it, another member of staff told me she saw how bad the ring was, gold smith hasent changed a thing???? thank you

    Reply
  • A Harding 17 November, 11:51 am

    I would like information. I was conned to buy a timeshare in Spain,in 2007. I was given lot of what later turnt up to be lot of lies. The company is Heritage Resorts International has several resorts in Marbella. Malaga among other places . I paid the deposit on the day I signed with my debit card/visa . I was not given cool off period.
    Do I have any chance to claim my money back?
    I have been made redundant and the maintenance fees are high, again it was not mentioned before I signed.
    Please beware of timeshares full stop.

    Reply
  • Amanda 18 November, 11:17 pm

    Please can someone help.
    My friend and I recently went for a makeover shoot and was pleased with the day till my friend got home and noticed the CD she purchased was faulty. There was a crack right through the CD.
    We both purchased one with the photos on and mine was ok, now she is getting hassle in regards to getting a replacement as she still has to pay for the product under the Consumer Credit Act 1974 as the contract was signed for on the premises.
    They have given her a replacement but it only had half the pictures on it and im personally getting angry hearing she’s getting this grief.
    Any help will be appreciated, thank you.

    Reply
  • Tom Thomas 17 December, 12:57 am

    I recently ordered a electronic item over the internet and paid for it by debit card. The item has not been delivered and the company I bought my goods from is no longer trading. I know that credit card companies will insure your purchases, but I’m not sure if the same applies to a debit card.

    Reply
  • sarah b 20 December, 2:39 pm

    I got a car on finance from Arnold Clark in September. I can no longer afford the payments and would like to give the car back – this will save me almost £325 per month including fuel and insurance And will allow me to pay my rent! I figure homeless is worse than carless! I didn’t realise at the time of signing that Barclays add a set up fee to the loan of £300. so now not only do I have all the extra interest to pay back there is that as well. What can I do? where do I start? please help.

    Reply
  • steve 19 January, 2:39 pm

    hi i need some help here i have asked a copy for a copy off credit agreement form witch i have had a reply to sating that unable to retrive this but sent me a copy off a charging order on this debt could i apply to the court with a copy off this letter stating that this company cant supply me with the credit agreement so there cant do this charging order the charging was taken on 10th 2006 but since i have been looking into this i feel now that this company should not been allowed to take court action because there cant find the credit agreement could i apply to the count court and get this set a side and remove the charging order please help me if you can

    Reply
  • Keith White 19 January, 4:27 pm

    I have an issue with a loan I took out with Citi, regarding rePayments, stating they are too high. I am told by them that according to the FSA Comsumer Credit Act, that they cannot reduce the terms of the load. I can understand that it is to stop a bank increasing the payments, but not to stop reductions. I feel the regulations say differently as it would not be in the spirit of the regulations. If the loan affeects the person or circumstance and the bank wish to reduce the load, what paragraph of the regulations allow this?

    Reply
  • Iain s 25 January, 9:25 am

    If u have paid more than half of the loan for the car they have no right to reposess it any one who comes on Ur property to repossess it is trespassing,as for everyone else wit problems wit loans, just stop payin if u cant afford them.you will get a bad credit rating for 5 yrs but if u can’t afford to pay ur current loans why would u want more credit,so just bite the bullet with the bad credit rating.tell the banks where to go as it’s they’re fault we are in this situation in the first place!

    Reply
  • P. Valencia 25 January, 5:01 pm

    I’ve got a Halifax Credit card and I bought a proteccion insurance. I hav had an operation and have been off sick for 3 months now. When I claimed under my insurance, they told me that they are not going to pay anything as I am not paying enough NI contributions. They are still charging more than £ 30,00 monthly for the proteccion, I have not canceled yet as I need to investigate about this. Also I tried to wthdraw twice £100 and they did not dispensed the money, saying that the operation was not authorised. When I saw the credit cart bills, that money was aout of my account and when I claimed it they said that the money was dispensed (which was not true). What could be happened?, which rights I have in this case under the Consumer POrotection Act?. Thanks for your help.

    Reply
  • Helen Smith 1 February, 11:41 pm

    I set up a direct debit agreement over the internet to join a new gym 3 days ago, they are planning to start taking the money with the first installment being £66 on the 9th Feb, and the following payment on the 9th March being £36 a month.
    This gym is not yet open yet and I have now been told they are unsure of the opening date… Therefore I wish to cancel my agreement. Am I entitled to a 14 day cooling off period or will this agreement be difficult to cancel.

    Reply
  • rs 3 February, 12:06 am

    Hi, my dad bought a car today at4pm and he paid for part of the car on finance. When he had previously queried the admin charge/set up charge related to the finance he was told there wasnt any. Yesterday on finalising the paperwork and picking up the car from the Garage he was told that there was an admin charge of £325. He was then told that he had to sign the paperwork as everything had gone through ! Unfortunately he signed as he felt pressurised into doing so.

    Now where do we stand in terms of cancelling the credit agreement and getting the admin charge refunded ?

    Reply
  • Jean Hazell 10 February, 12:09 pm

    Hi
    My ex son-in-law informed me at the beginning of december that his credit card had been cloned and his bank account cleared out which meant he could not pay child support for his daughter who lives with me. I thought this was covered by the UK banking code and he would be reimbursed for any money lost. Can you advise please.

    Reply
  • Ray Jones 3 March, 5:43 pm

    I worked for a company that I have have now left since December 2011. I and other staff havn’t been paid since July 2010
    The company is still operating and owes wages of over £50k and the VAT man is owed over £10k.
    What I need to know is can the company still operate and also the owner had another company that went into liquidation only a few months before hand?

    Reply
    • sam 30 December, 9:58 am

      If you can substantiate this as fact then a law firm I recommend is Grant Saw Sons in Greenwich, SE10; alternately you can apply to the court for compensation etc but it will cost you and in the time being write a formal letter to the director re notify of a lean on the company and his personal assets but you will need contact company house verify the directorship / ownership of the firm and is it limited etc; as a limited firm their are laws to stop them disposing of the assets of the firm as well as perosnal assets and you can sue them against that but you have be very sly about it as they can tranfer assets in other people names etc and say they sold it to clear debts etc… this is the uk as the company laws are very slack lol good luck

      Reply
  • jay m 5 March, 3:38 pm

    I have a loan agreement out with welcome finance who have recently gone into liquidation should I continue to pay my direct debit to them?

    Reply
    • hag 25 February, 11:56 am

      Yes, they aren’t in liquidation they are in default due to PPI claims. The company is still running down the existing loan book but not taking any more on.

      Reply
  • tattyg 6 May, 10:10 pm

    Hi,

    I received a quote online last night from OneCall Insurance for my car. The quote seemed good so I called them to ask a few questions and took out the policy. My documents were emailed to me immediately.

    The insurance does not actually start for over 2 weeks when my current insurance expires. However, I was still unclear on one point so email the company to ask. I have since read through the documentation and looked at the companies reviews online and have decided that I am unhappy with the terms of the policy.

    This evening I have emailed to cancel, but they still want to charge me £55 cancellation fee, despite the fact I am in the 14 day cooling off period and have not received any cover from them. Is this allowed?
    The documentation does state that OneCall Insurance will not apply any fee during this time. It then goes on to talk about the £55 fee, which makes no sense!

    Reply
  • Catherine 17 July, 2:12 pm

    I decided to move my USD savings to my UK HSBC current account. I called them to clarify whether my savings would be credited as US dollars or GB pounds. They told me US Dollars. After I made the transaction I checked my account and found that it had been credited in GB pounds.

    They have a record of this call but insist that they are not liable for any losses here.

    Reply
  • michelle 30 September, 8:51 pm

    i have a car on finance and have fallen behind on payments due to the loss of my job and now due to my sons health. i have told the company that i cant afford the payments and if they could lower the payments then i could carry on paying for the car but they informed me that they could not take a lower payment and have kept sending me default letters and have recently informed me that they have started legal proceedings to reposses the car. i have paid off a third of the car and wanted some advice on what my rights are??

    Reply
    • sam 30 December, 9:53 am

      in your contract it says what percentage you must have paid before they can start proceedings to repocess; best thing is to sell the car abd inform the buyer and ask them to pay direct to the finance firm and you inform the finance firm and keep copy of record of transaction; the alternative is to hand the car back direct to them to save court cost and other fess but make it clear re the current trade value and hence you are no longer reponsible after that as it meets any money owews, but if the trade value is less than what you owe when you give car back they can sue for the diference; always ensure you put everything in writing or calls are recorded; the quicker you do this handing over or selling on the better; that way if they go to court the judge will defend you for being acting reasonable and the finance firm being very unreasonable and you can then ask for compensation for undue distress caused and cost against them as; good luck

      Reply
  • Daniel 14 October, 2:27 am

    I signed a 12 months gym membership contract three days ago, but i so regret it just because of financial issues. Do I have the right to terminate the contract. I read about Consumer Credit Directive which i don’t understand fully. Does it apply in my case?

    Reply
  • Jo Wharrier 17 October, 12:13 pm

    ***Coach and Horses through Section 75 @ Amazon Marketplace***

    NatWest have claimed in a letter to my son-in-law that paying by credit card through Amazon for a purchase on Amazon Marketplace (which is the only way to pay by credit card!) does not constitute a “debtor-creditor-supplier relationship” and therefore not covered by article 75. So they are not liable.
    Amazon did not want to know so basically you are back to ‘caveat emptor’ on such purchases.

    Reply
  • Stuart 2 November, 12:09 am

    Do you have any insurances on your contract for the loan? if not sure, check! as you may have unemployment insurance cover in the loan contract and not even aware of it!! it is highly unlikely if you get to speak with the right person(normaly need a line managerer or high and not supervisor) they would not extend the contract out for you to lower the payments as the last thing loan companies need at the moment is more re-possesions.( I have recently done this for people with 5 of the so called top loan companies in the U.K)

    Reply
  • Ash 4 November, 9:45 am

    Hi,

    Couple of things happened with me first my credit card was used online to buy something online for 1000+ pounds and then I got my tickets booked through an agent which went bust and both things happened within day of each other. AM I covered :-(

    Regards

    Reply
  • Marie 21 November, 4:25 pm

    I am trying to renew my car insurance. I was about to make payment of the deposit but was told there would be a £25 charge if I decided to cancel within 14 days. If my insurance is not actually due for renewal for 2 weeks, does this still apply? I was under the impression that I had a ‘cooling off period’, particularly if I am paying for something which will not come in to effect for 2 weeks? Thanks

    Reply
  • JSS 25 November, 3:17 pm

    I paid a deposit for a car using a visa debit card. I paid for deposit on a Friday evening and the following Tues morning decided to cancel the order. The dealer is now seeking to levy a £1k penalty. Can he do this under the Consumer Credit Act/cooling off period or can I invoke the chargeback under Visa Debit scheme

    Reply
  • frednach 6 December, 11:43 pm

    This is in reply to Charlie and those in like situations.

    It appears from the case notes that the creditor (bank) is jointly liable for any breach of contract caused by the supplier (course provider). This means that in the event of any breach by supplier or indeed, failure by supplier to fulfill the contract (eg, supplier gone into administration) then the creditor is equally liable under section 75 of the CCA 1974 ie debtor-creditor-supplier contracts.

    In pursuance of CCA 74 provisions, the creditor has certain obligations which includes providing details of cancellation rights as well as cooling of periods. But, more importantly they have a statutory duty to provide clear and comprehensive information about the contract the debtor is likely to enter with the creditor with details where things go wrong. Please see CCA 1974 via opsi.gov.uk for full details of duties owed, and search companieshouse.gov.uk register for details of company liquidation terms.

    I would contact the bank and explain the above terms and ask for any money back that you are owed as a result of the supplier going into administration. Do not pay a single penny. If the bank fails to respond make a formal complaint to the FSO ie Ombudsman. Moreover, if the supplier made any negligent statements about the course equally the act provides a safeguard in the vent of the supplier going into administration.

    ps. You have six years (LA 80) to make a claim for any breach of contract. It would be handy t get copies of the CCA and trace your learning agreement prodived by the supplier.

    Reply
  • Dan 7 December, 6:14 pm

    Hi . My family and i run a small glass company. After a recent Job the customer paid by cheque which then bounced. Leaving us with a debt we could do without. After offering the customer
    Various ways to pay and months of asking for payment being completely ignored I now want to take Our goods back. Am I legally allowed to do this or do I have to go to court ? I’d be grateful for any advice you could offer , thanks Dan

    Reply
  • sam 29 December, 12:15 pm

    i purchased a holiday agreement trial membership in october 2011 in malta via club malta; they took my credit debit card details but now i am in a financial situation and have discovered that i cant afford the payments; the last paragraph of the contract states that the purchaser understands that they have read and understands terms conditions of purchase; this is not a timeshare or holiday ownership purchase therefore is a legal and binding agreement and does not have a cancellation or change of mind clause and that all questions have been answered to our satisfaction.

    i felt that i might have been slightly misled as in the chats it was never mentioned that we cant cancelled and no other discussions re legal binding issues discussed. when we were sign contract he kept say it was standard contract as to avoid the clause EU legality of timeshares so not to worry just read it and initial; my partner took the card and went into a separate room where they took the payment and asked her for card details and pin number but not explained the cancellation; the initial holiday was a holiday promotion scheme and was never explained to my partner or i when we took the offer up, but we were told by the rep that the man who sold us the package promotion is no longer with the firm as he obviously misrepresented certain information and the company; where do i stand now to legally cancell this

    Reply
  • Hani 2 January, 2:49 pm

    Hi there,
    I have taken a short term loan, from one of those payday loan companies
    I realised after a week that the interest was too high (around 20pct per week) and decided to cancel the loan. However, when i called them back, customer help didn’t accept. They said i had to pay the fulll interest for the full 2week period (i took the loan for 2week and was asked to pay the fulll 80 pounds). So not only they refused to cancel my application and take their money back, they also wanted me to pay the interest for the full 2week although i was paying the loan back after just 8 days
    Any advice about what i should do pls?

    Reply
  • Drew 9 January, 7:44 pm

    My mum has a credit account with Littlewoods and purchased a Toshiba TV in May 2009 – it was applied to the account in Apr 2010 to be paid over 104 weeks. The TV has developed a fault and Littlewoods say they can’t do anything as it’s outside the 12month warranty. As her account is covered by the CCA 1974, is there any recourse under this or the SOG Act – it’s not totally paid for yet still has gone wrong. What can we do?

    Reply
  • Mohammed 30 January, 3:01 pm

    Hi I paid for my brother in law’s conservatory using my credit card. The contact is between my brother in law and the conservatory supplier. I would derive benefit from the conservatory. The supplier has breached the contact and refuses to supply the conservatory. Can I claim under section 75 . Pls advise

    Reply
  • Sue 30 January, 8:19 pm

    Are there any loopholes if a credit card company spells your name wrong?

    Reply
  • Andy Butler 31 January, 10:19 pm

    I currently have a loan with the AA and asked for a new one with them i was then diverted to a loan with CO-OP i applied for a loan for £9500 and was emailed with a reply to say have been approved and to wait for the paperwork ( at no time did the web site or the email say the payment may change ) tha rate on the loan aggrement send is totaly difrent and quite a lot more a month

    Can the CO-OP do this and can i expect them to honer the original acceptence of the lower rate they have emailed me to say a have been acceped for ?

    Reply
  • Becky 3 February, 10:14 pm

    I have a medical loan with Zebra Finance that was taken out through a private hospital when having an breast enlargement operation. It now turns out I have pip implants! I want to know where I stand with the section 77-79 consumer credit act? Could some one please inform me on how I would go about it?

    Reply
    • Jo Wharrier 4 February, 8:36 pm

      You need a lawyer. I believe there are lawyers who are supporting a class action. You will need to Google to find them. More importantly you need to find a support group.
      Google
      pip implants compensation
      and you will find a whole list of what you need.

      Reply
  • may 4 February, 5:35 am

    I have closed my credit card and request it for cancellation. i called them for my full statement of account and they told me to call back if i have paid already the whole amount so that they can process my request for cancellation. I did the whole thing and when i talk to them they told me that i will wait for 3-5 working days and call back again to confirm my cancellation and that day came it was confirm by the credit company on the phone (recorded) that it been already cancelled. a month later i received a soa from the that credit company stating i have still unbilled amount. I have email them enforcing that they have given me already the full soa on that particular day and even give them almost a week for confirming things they insist i pay the remaining amount but i told them they have confirm already my cancellation. but still they insist me on paying it. What should i do? i have been a good payor of that company and i was really disappointed of what they have done to me. And besides phone conversations they have made are recorded why they keep on insisting me to pay it that its not my fault anymore if they are unbilled amounts for i have given them ample time to review my account. I hope you can help me regarding this matter for this is very depressing. Thank you so much…

    Reply
  • Jo Wharrier 4 February, 8:33 pm

    If you have paid the full amount including any outstanding amounts that may not have reached the account at your initial request for cancellation i.e. you are certain that there are no outstanding issues and monies, then you may write to them stating this and that any further communication from them by any means including any persons sanctioned by them constitutes harassment. the law is very clear on this. Attempts to demand money with no basis in fact is harassment. A second attempt after a disavowal by you is a CRIMINAL offence. Please be sure that you have paid off any CC outstanding debits though.

    Reply
  • Rachel 7 February, 12:14 am

    I cleared some loans and paid off all monies owed in full prior to Christmas. I forgot to cancel the direct debits though and both companies have taken money from my account in Jan and Feb. Am I entitled to get this back? Will I get grief from them when I call?

    Thanks

    Reply
  • nicknackynoo 16 February, 1:39 pm

    i have bought a diamond ring on the 31st of jan and a diamond has fallen out can i return the item as i don’t know what my rights are

    Reply
  • Soori 16 February, 4:29 pm

    Hi

    I have taken £25000 from LLOYDSTSB in 2005 for monthly instalment of £598 pay monthly with the interest it was about £35000. I paid this money without an issue and had my mortgage for my home in 2007. Since 2008 I had financial problem so that came an agreement to pay £225 per month which the bank accepted without any issues. In 2010 bank sold this loan to company called APEX credit management. I continued to pay £225 APEX credit management till last November 2011. AS APEX credit management force me to increase my monthly payment continually (since they have taken over), I couldn’t cope with their harassment so that stopped paying them all together and asked for a copy of my original agreement from them as LLOYDSTSB don’t have any information about this loan account.

    So far I’ve paid more than £22000 and like to continue to pay the rest if it is genuine source. But someone told me APEX credit management is no longer exists so I might be paying to con agent. I have waited till last month for my agreement being sent but instead sending me copy of my agreement APEX passed this loan to someone called West croft credit services who calls me day and night to pay this sum in full.

    Couple of days before they have served, I believe statuary notice to me but not sure these people are genuine too!

    Can you advice what I should do? I don’t feel like to deal with these people as they seem very rude. Also I would like to see a copy of my agreement from them because I don’t think these people are genuine. Please advice?

    Thanks in advance

    Soori

    Reply
    • Jo Wharrier 17 February, 10:52 pm

      Get in touch with your local Citizens Advice Bureau ASAP. You need decent legal advice and they are a good kicking off point. My Doctors has CAB at the surgery once a week!! If all else fails try the Financial Services Ombudsman. I rate them very highly and they are generally good with advice and proactive.

      Reply
  • Alex 16 February, 6:34 pm

    My partner purchased car insurance online and received a call from a customer service agent saying that if she reduced her excess it would make the policy cheaper. It transpires it made the policy more expensive. The company will not acknowledge the complaint and are charging £10 to listen to the call to clarify if the policy ‘upgrade’ was misold to her. Under the distance selling act does she have the right to cancel the upgrade as her policy docs don’t mention it.

    Reply
  • Jo Wharrier 17 February, 10:49 pm

    Read the cooling off information at the top of this web page. Simply phone up and cancel the policy. You have at least 5 days to do that. If they argue read them the section above. THen find a better insurance provider.!!

    Reply
  • Emma 20 February, 3:31 pm

    Becky says:
    February 3, 2012 at 10:14 pm
    I have a medical loan with Zebra Finance that was taken out through a private hospital when having an breast enlargement operation. It now turns out I have pip implants! I want to know where I stand with the section 77-79 consumer credit act? Could some one please inform me on how I would go about it?

    I too took out a medical loan with Zebra Finance for this purpose, I have requested a copy of my loan agreement however fear that they may not be forthcoming with this on the basis that they know why I want it. Could you pass my message onto Becky who asked the above question and ask whether she has had any progress with this, I am happy for you to pass my email address on to her. thanks

    Reply
  • Azami 2 March, 2:29 pm

    Please could someone help me. I took out a loan in July 2008 as it was offered to me at a low rate (long story) but when the agreement came through I did not check the rate and signed and returned it. The APR charged is so high and I do’t know how they work these things out and though all was ok. Can I claim for unfair high charges as I cannot afford to pay the loan anymore.

    Reply
  • Jo 2 March, 3:06 pm

    Having left it for 4 years you are going to have trouble HOWEVER you need debt counselling. THIS SHOULD BE FREE. DO NOT PAY FOR IT. WATCH OUT FOR INITIAL FREE HELP BUT WITH A FINANCIAL FOLLOW UP COST. Go to the Citizens Advice Bureau straight away and they will point you in the right direction so you can avoid sharks. Do NOT delay. If the person/company ‘helping’ you is going to make money from the solution then you are in the wrong place. I cannot stress that enough.

    You might try
    http://www.moneysavingexpert.com/loans/debt-help-plan
    as a starting point also.

    STAY CALM. DO NOT PANIC. There will be a solution. Good Luck

    Reply
  • John R 3 March, 12:11 pm

    I’ve just booked a limo for my daughters prom over the phone and specifically asked that it be for a return trip. However, when the email confirmation of the booking arrived, it specifies a one way journey. When I called to query this I was told that it was indeed only for a one way journey and that I would have to pay considerably more for the return, a price I couldn’t afford to pay. I therefore asked to cancel the booking only to be told that the £144 deposit that I’d paid was non-refundable and that this was stated in their terms and conditions, something I only received when I got the booking confirmation.

    I paid by credit card so I’ll be seeking advice from them once the transaction has cleared but I want to know if I’m covered by the statutory cooling off period. I did mention this to the operator I spoke to but they just kept referring me back to their terms and conditions. If they are indeed required to refund my deposit but continue to refuse to do so, what course(s) of action are open to me?

    Many thanks.

    Reply
  • Andi-b 7 March, 1:51 am

    I have a debt collection agency chasing me for a contract mobile phone bill I know nothing of. They are saying I owe just over £300 but I’ve never had a contract with any network service providers and I’ve not signed an agreement, yet they say I owe this money. Please help?

    Reply
    • Jo 7 March, 10:56 pm

      My daughter had a similar problem with a debt collection agency. If, and I repeat, if you really have no contract AND there is no debt then you write to them stating that there is no debt, there never was a debt and any further communication would constitute harassment under the “The Protection from Harassment Act 1997″
      http://www.payplan.com/debt-library/bailiffs-harassment.php gives some information and is worth a read. You must keep track of all phone calls, letters, emails etc. If I remember correctly 2 occasions constitutes harassment and it is a criminal offence so you can reasonably state that in the letter and indicate that you will go to both the police and trading standards if there is any further contact from them.
      I did this for my daughter and it worked. Not a peep from them. Nor an apology mind you.
      One final thing. I kept a camera by the door as they suggested they would send a debt ‘counsellor’ around. If they do DO NOT LET THEM IN UNDER ANY CIRCUMSTANCES then you ask them to hold up their ID, photo them, close the door and phone the police straight away. If they force their way in you get in the road and scream for help and phone the police with your mobile that you also took to the door!!

      Reply
  • Andi-b 7 March, 11:20 pm

    I’ve never had a contract phone, always PAYG due to the work that I do, all I can think of is my ex wife created one in my name just after we split up as revenge ploy, but even so I’ve never signed a contract. I will read up on the website supplied before sending a response to the company concerned. Thank you.

    Reply
  • Stephen mcwilliams 9 March, 12:10 am

    I ordered a suite from scs 4/1/12 paid £300 deposit? Got took into hospital and had to stay in for 7 days and cannot work for 6 weeks? The firm wont allow me to cancel and claim they will charge me if i dont take suite? What are my rights pls

    Reply
  • John Franks 10 March, 2:40 am

    SCS are a nightmare apparently, did you order in-store or online/phone/mail order?? If you ordered in-store then chances are you won’t be able to cancel.. However, if you ordered online etc.. you have a 7 day cooling off period as default. Write them a letter explaining you wish to cancel but they probably won’t if bought in store. Try here – http://forums.moneysavingexpert.com/showthread.php?t=367400 .. Seems lots of people are royally annoyed at their skills at contract cancellations.

    Reply
  • jan123 15 March, 10:27 pm

    my littlewoods was sent to debt collector littlewoods never told me they were doing this and i was paying them a 10er a wk so can you tell me whats my right and will i have to pay it all at once to debt collectors which i cant afford its really worrying

    Reply
  • Kevin Davies 17 March, 6:55 pm

    I bought and signed for a car on Jan 15th 2012. The car was to be delivered 10 days later. I gave £2000 deposit and asked for finance for the balance. I did not sign any financial agreement as this wold be forwarded to me. Several days later I got the finance agreement via email at my house. I signed it and asked if I should bring it in to the garage but was told to email a scan of it back. I did this. This is an “agreement signed away from the sellers normal business” I guess. I have not yet received the ‘second copy’ of the agreement or any details of how I may cancel. Am I right to assume I can now cancel as the 5 day cooling period has not begun yet?

    Kev

    Reply
  • Ashley Cooke 19 March, 4:50 pm

    I Purchased a brand new car on 12.03.12 and layed down a £1000 deposit, the car is on finance and worth over 13k, the car basically is not fit for purpose and I would like to return it to Fiat ASAP, all the documents where signed at Fiat so do i still have the 14 day cooling off period? The car claims is can do 70mpg and i can only obtain 40-41 at thr very max, this seems to be the case for a lot of people who have purchased the same car. I would like to hand the car back and walk away, do i have the rights to do this?

    Reply
  • praba 2 April, 11:35 am

    I’ve never had a contract phone, always PAYG due to the work that I do, all I can think of is my ex wife created one in my name just after we split up as revenge ploy, but even so I’ve never signed a contract. I will read up on the website supplied before sending a response to the company concerned. Thank you.

    Reply
  • J Judge 5 April, 10:05 am

    My 19 year old son bought a car part over the phone from a local dealer only to realise that this was not needed and was bought in error. He took it back 48 hours later to ask for a refund, in perfect condition (boxed and untouched) as bought from the shop along with the receipt. The shop explained that because it was not faulty they would not refund him the £237.49 that it cost as specified on the invoice. My son bought this part over the phone at 17.15 on the Friday evening of 9th March 2012 and was rung by the company to say that it was ready for collection on the Saturday morning at 10.00am (the very next morning 10th March). My son paid by card over the phone (his HSBC Debit Card) and was at no point told about the refund policy verbally. He collected the part and the invoice on the Saturday morning after payment had been made over the phone the night before and was still not told at this point to refer to the refund/return policy. He left the part and the receipt with the company on the 09 March(it is still with them), who are still saying that a refund will not be given when we ring to enquire as to what decision has been made, and it is now 06 April. Can you give us some advice as we feel that we come under the The Consumer Protection (Distance Selling) regulation Act 2000, if so how can he go about getting his money back via your chargeback scheme. He has got a photocopy of the invoice at home for safekeeping and an bankers statement stating that the money has been taken by this company. My son is £237.49 out of pocket and the company still has the part in perfect condition along with the receipt in their store.

    Kind regards

    Reply
  • Y.A 10 April, 9:04 pm

    I purchased a car in may 2008 with a fixed sum loan agreement, through Barclays Partner Finance. I have been through my agreement with a fine toothed comb and can’t find anything about the car being on HP. I also can’t find anything about if I can or can’t sell the car before the term ends. I need to sell the car to purchase a cheaper vehicle, but will obviously continue to pay the loan although I have to apply to pay reduced amounts due to financial difficulties. Could anyone advise ?

    Reply
  • michaela strickland 16 April, 3:30 pm

    my husband took out a policy to insure his car with asda. he told them at the time not to renew at the end. the agreement was for 7 months. the company automatically renewed the policy and are now taking myhusband to court. i have read through the t&cs snd it states nowhere about this. all t&cs refer to agreement which had a stated duration. can they do this. they have been appalling.the whole way through. even when he changed his car snd informed them they failed to change the details and he only recieved the correct documentation from them approx a month before the end of the agreement. how dissappointling that such a well branded company can be so negligent.

    Reply
  • John Borne 16 April, 6:40 pm

    I recieved a leter from Apex Credit Management for an outstanding Debt for £3149.50 with no explanation of what it was for, it just has RE Barclays Partner Finance.
    I have no idea what this is for as my finances are sound, I have no outstanding debts, I have no credit or debit cards (I dont use them) I have no mobile phns or contracts, so apart from a morgage as far as I’m concerned everything is rosey in the garden so I did not reply or worry too much about it.
    That was 6 weeks ago & so far I have recieved 3 more letters with 1 offering a discount if I pay immediately still with no reference for what it is supposed to be for.
    Is this a scam, should I contact them or should I let them waste there time & money ? What should I do?

    Reply
  • john cairns 23 April, 11:25 pm

    Hi Folks,

    I have just tried to cancel my sky, but have been told that as i upgraded my box, that my contract starts again from the day my new upgrade was connected. I was never told about any new contract and have never signed any written contracts. how can i get my subscription canceled as i can no longer afford to pay the monthly direct debit. regards Dingbat

    Reply
  • Lynne 12 June, 12:59 pm

    I am currently using the Financial Ombudsman to look into Barclay Partner Finance which I used to pay for my son to go on a plumbing course with BTSC. Barclay Partner Finance are trying to claim that the chain has been broken because I signed for the finace and my son signed for the course. However it is not as straightforward as they are trying to make out, as they still took my money to pay for a course that wasn’t in my name, they can’t have rules one way and not the other.

    Reply
  • bobcarol 15 June, 7:18 pm

    In Jan this year I had to apply for another job which involved a 10K pay drop, I spoke with my credit card company who advised me to miss a payment and then contact them in feb 2012, well this I did and I explained that i was concerned about any adverse credit scoring, and they said it wont be a problem, they also told me to ignore the default notice ( I have this confirmed in writing) I now have a bad credit score, what can I do, I am more then happy to pay the full amount off

    Reply
  • John M 25 June, 9:19 pm

    I have just claime back money from my credit card for an operation that went wrong in the USA, they have now agreed to refund the costs. I obviously had to pay for tickets to fly to the USA and also a hotel whilst there, can l claim for these losses too?

    Reply
  • kerryanne 27 June, 12:23 am

    HI can anyone help me, ive have signed a credit agreement and a purchase agreement for a car. I have sinced had a closer look at the deal of 0 interest and realised they have put it on the cost of the car. it is retailing at almost 2500 dearer than rrp. do i have a cooling off period? do i require a specific reason?
    thanks kerry

    Reply
  • paul baines 17 July, 3:19 am

    O2 are saying that I need to provide a copy of the mobile phone credit application signed 12 months ago. I cannot find my copy. What are my rights as there is now a question over my billing.is the ownus on me the customer to retain the soul copy?

    Thanks

    Reply
  • nina 26 July, 3:46 pm

    i just invested in local branch of yorkshire bank for 2 years fixed term bond n they didnt give me a letter of wqelcome -i need to go again and ask for that n i got on printed from computer ordinary paper certificate -they asked me to sign form not to close till maturity as i didnt realise by doing this i was robbed of cancelllation during cooling off period

    Reply
  • Eddie 10 September, 11:38 pm

    I have repaid a loan from Provident 22weeks early, am I entitled to a refund of all of the 22 weeks interest or just a portion of it, if a portion what would it be
    eddie

    Reply
  • Michael 15 October, 1:16 pm

    I currently pay for my catalogue every four weeks. This is difficult for me as though I get paid also on a 4 weekly basis my salary gets paid almost on the same day, therefore by the time I send payment it is already a late payment.

    I have asked if they could change my payment date to them by one week to allow my payments to clear and they have said theat they cannot do this. Are they able to just say no like this or do they have to try to work with me on this?

    Many thanks

    Reply
  • Jo 16 October, 11:01 am

    I remember haing the same difficulty with a mortgage back in the eighties. One day would make all the difference BUT they put their foot down and pointed out that it meant the repayment fell in a later period and effectivly you miss one payment.
    My guess is that this will be covered in the small print. You agreed to make a payment in every 4 week period. It seems such a simple request – at least I thought so then – but these companies tend to be difficult over this and I can understand why. Just one day becomes just two and then just three. Where do they draw the line? The answer is that they sinmply will not go down this route.

    Reply
  • Paul 9 November, 12:30 pm

    I recently signed up for one of these home study plumbing courses. I signed a loan agreement with the training company itself to pay for the course over three years. Shortly after my cooling off period (a few days) I had a change of circumstances and can no longer continue with the course.
    The Training company insist I owe them the full cost of the course, even though I have actually received no money from them in real terms, they have yet to provide any service to me and they have not had to spend any money themselves (just effectively promise to pay themselves). This may be legal but it doesn’t seem fair. Any thoughts?

    Reply
  • James Tenant 21 November, 9:40 am

    I purchased some trainers recently from JJB Sprots recently, however they have fallen apart (both soles fell off whilst running). Am I able to claim this through my Credit Card company (they cost £140) as JJB has now gone into administration?

    Reply
  • Samantha 23 November, 3:16 pm

    My partner received a debt collection letter claiming he owed a debt to a company he had never heard of. We have requested twice that they provided information in order to validate their claim that he owes money but the latest letter we received from them said that they needed to get this information from their ‘cliemt’ (assuming here that they mean the original creditor) and that he has to pay £1 admin fee under the Consumer Credit Act.

    We are not willing to do this as we’ve heard of debt collectors using this £1 as evidence that the debtor has accepted responsibility for the alleged debt.

    Surely, if the information has actually been passed to them by the original creditor they should have all info required to validate on file and not have to ask their client.

    Should we contact that original creditor directly?

    I’d really appreciate some advise on this issue.

    Reply
  • STEVE 2 February, 6:35 pm

    hi if a debt collection agency are threating me with legal action and i have asked them for proof the debt is mine like copy of credit agreement for .witch they have come back and told me they cant get the signed copy but sent me a copy with my name printed on it,do i agree or do i still say i want this proof .i get letters from this company every day with them treating court action and telling me that there going to check my credit file.because this company cant proof this debt is mine i just open letter cross out my name and write in untill i see a signed credit form no action can be taken and if i get any more letters from you i will charged you £25.00 for every one i open and return back to you.the reply i got was there dont accept invoices for payments i have replied back and said if you dont pay i will start small claims and all cost will be met by you .since then i have not heard from them but give them time ,am i allowed to do this if there cant send me proof this debt is mine ,also the credt agreement was printed with my name one i am sure i cant allow this as any body could print my name

    Reply
  • Gilly 8 February, 1:00 am

    I purchased a new kitchen from Homebase which has now been fitted. The agreemment is to settle the account in full by end of March 2013. Is it possible to pay part cash and to use a credit card to pay the full sum.

    Reply
  • Dave 26 April, 6:56 pm

    How did you get on? Did you sue? Im still paying mine! They went bust just after i signed up but missed the cancellation period. Barclays say they are not liable and it must be paid. Its gone through my mums bank too which complicates it. Did you have a rep come to your house and explain clearly about the amount owed? I thought it was 6k i was paying, turns out to be 12k! Who pays that for a bloody plumbing course? Ridiculous!

    Reply
  • Carl Beesley 12 May, 5:19 pm

    I have requested orange send me my RIGHT TO INFORMATION as they are claiming i owe them money when i cancelled my contract but they billed me for a further 3 months while i was away at uni.

    i returned home to find they had billed me and defaulted my credit file and in fact they had not cancelled the contract when i requested them to over the phone.

    The biggest problem here is i have no proof of the phone call and they will not provide me with call recoridngs which will prove it was cancelled.

    They have defaulted my file and claim i owe them money and its my word against theirs.

    HELP???

    Reply
  • Gilbert 21 July, 10:33 am

    I understand there’s a lower limit of £100 for Section 75 to apply. When the VAT and P&P I have to pay just takes it over- will the purchase be covered?

    Reply
    • Tony 22 July, 4:30 pm

      VAT is included, P&P isn’t. How much is it without P&P? When did you by it as you may still be covered by the charge back scheme if less than 120 days ago.

      Reply
      • Gilbert 22 July, 5:55 pm

        It’s £65.76 net with £20.00 for Delivery! The concern is the 1 year warranty for the part, if that company goes under.
        I am buying a replacement part from a company that took over one which installed my Solar Heating System with 5 year’s warranty in 2009, but ceased trading last year and this new one won’t take over the old liabilities.
        I already slipped up (with hindsight). As although I managed to insist on paying the 10% deposit with my Credit Card, I could only do so via PayPal, which I now found out don’t have the same protection!

  • Jane Nee 24 July, 11:02 am

    My sister-in-law purchased a holiday in January 2013 from Thomson and, due to a very serious health problem, she was unable to take the holiday. She did not take out insurance. She paid part of the holiday on her Santander Credit Card. She has applied to Santander to see if she can obtain recompense for that sum but they say, as there has been no breach of contract by the merchant, they must reject her claim.

    There is a complaints department you can write to if you think their decision is unfair. Is there any point in taking this matter further?

    Incidentally, Thomson have not refunded either, they have in fact charged her a £139 cancellation fee. They later relented and paid this sum back to her.

    Reply
  • Philip G Leach 25 September, 4:32 pm

    I purchased a motor vehicle on the 19/09/13 from Northholt Giantz Car Supermarket,on the 25/09/13 I took the car to my local garage for a check over and he told me the following:

    Both front wing liners broken,boot stuts weak,N/S/R drive flange required and wheel nuts to all wheels,Air Filter complete housing missing,front radiator cradle damaged,intake cooler missing,spigot rings missing at all wheels O/S/R Suspension Coil Spring broken.
    THe car has an MOT until 29/05/14.

    Under the Sale of Goods Act do I have any rights to reclaim my money.

    Reply
  • David Whitehead 9 December, 11:42 pm

    In response to the query about Welcome Finance they no longer exist.
    They have gone out of business.

    If a debt collection company writes to you with regard to a debt. Ask to see a true copy of the original credit agreement signed by yourself. If they cannot produce a copy of an agreement with your signature on it then the debit is unenforceable.

    Reply
  • Jess 6 February, 11:40 pm

    I have a 14 month old Dell computer that has broken down. I took it to my local repair man who said it appears the main board has gone and suggested I contact Dell. He . Also said the cost could be as high as two hundred and forty pounds for a main board plus Labour costs. As it is out of 12 month guarantee is there any legal obligation for them to repair it free of charge, or could I make a claim through my credit card company. The computer was purchased from Argos. The local repair man stated that electronic goods should have a life of about 6 years and the laptop has been used very infrequently can you suggest what if any course of action I could take to try to get it fixed.

    Reply
    • Jo Wharrier 9 February, 2:11 pm

      For the first year they have to reinstate the laptop to as if brand new. After that then it becomes a bit vague. They still have obligations to you however and I would start off by asking Dell to repair it. If they refuse then I would approach your CC company. Do not let them tell you it is out of warranty so hard luck. This is wrong. They have liabilities regarding the sale for up to two years. What they may do is offer a cash settlement and leave you to get it repaired. Curry’s/PC World is offering a £50 + parts repair service and the motherboard would cost about the same… assuming it is just the motherboard. I repair computers and laptops are a bit of a pig in that regards so it is possible that your repair estimate could be right.
      In the end your contract is with the CC company so don’t let them pass the buck. If they demur ask them what THEY are going to do about it and remember if they won’t you can go to the ombudsman. They are very not keen on this and will usually try and do something.

      Reply
  • Palesa 22 February, 1:10 pm

    My name is palesa i signed a paper that body lab got me to sign because i wanted to gym and they told me that thy are giving vouchers so i singed,but the same day before it was an hour i whent back to tell the, i dont want it anymore but thy told me i must pay R150 for canceling i told them i cant pay because im not working they insisted i pay,they have calling me sending me sms’s telling me to pay i asked them to email me all the statments and thy never did that so i pay once because i was scared that i would be blacklisted,but then i only paid twice because im not working and i told them to cancel my account bt they ddnt do that they stil call,and now they want to tale me to court for something i ddnt do,i have never been to the gym but they still want me to pay,please help me on what i should do?thank you

    Reply
  • Clair Ryer 9 June, 6:19 pm

    I had an agreement with a company to claim back for a mis-sold package bank account after which I was inundated with calls from them and 3rd parties, in the end I gave in and agreed to let them look into mis-sold PPI, a few days later I changed my mind after seeing how much they were charging, I tried to cancel only to be told my 14 day cooling off period had expired even though it was only a few days after signing the agreement, only to be told the initial agreement 3 weeks earlier for the packaged bank account had it in my terms and conditions and legally I didn’t have a leg to stand on. I have requested a copy of this initial agreement but until then is there anything I can do? I haven’t sent back the hard copy agreement for the mis-sold PPI but did sign an e-form on 2/6/14.

    Your advice is greatly appreciated.

    Reply
  • Andy 7 July, 12:33 pm

    I renewed my contract with sky after a phoning them to cancel on 05/07/2014 my package they were putting my package prices up to £71.25 a month so I phoned them to cancel it. After been on phone to then for 5 mins they said they could offer me the same TV package for £54.00 which I agreed to it. Now I have changed my mind and phoned them back today 07/07/2014 but they are refusing to cancel my subscription is this renewal not covered under any cooling off period? as it as only been 2 days

    Reply