http://www.moneylawyer.co.uk Full list of questions answered by Money Lawyer - fine for browsing, but use the search facility to find specific answers by keyword. daily 1 2008-04-29T05:10:14Z http://www.moneylawyer.co.uk/questions/i-have-a-number-of-credit-cards-which-i-am-really-struggling-to-pay-is-there-a-way-of-getting-these-written-off I have a number of credit cards which I am really struggling to pay. I understand there may be a way to get the debts written off as I was mis-sold them originally. Please can you help? No publisher MariaMason 2008-11-20T12:08:53Z Rich document http://www.moneylawyer.co.uk/questions/is-there-any-time-limit-for-when-a-default-notice-may-be-issued-following-a-breach-of-a-credit-agreement-taken-out-in-1996 Is there any time limit for when a Default Notice may be issued following a breach of a Credit Agreement taken out in 1996? The payments ceased in June 2002 and the first month without payment was July 2002. However, the default was registered in January 2003. Therefore does the time limit under s.5 run from July 2002 or from January 2003? No publisher MariaMason 2008-11-20T11:08:02Z Rich document http://www.moneylawyer.co.uk/questions/im-being-harassed-by-debt-collectors-in-relation-to-a-gym-membership-i-cancelled-what-should-i-do I'm currently being harassed by a Leisure Company who claim I owe them £256 for outstanding gym membership. I terminated my membership in May 2007 adhering to their cancellation terms and conditions. They have written to me several times and I have responded in writing explaining that I do not owe them anything. I even sent bank statements as proof. Their debt collectors ARC Europe have now resorted to texting me. Please can you advise me on what I need to do? No publisher MariaMason 2008-11-17T17:01:45Z Rich document http://www.moneylawyer.co.uk/questions/i-have-been-receiving-letters-addressed-to-my-son-at-my-address-regarding-debts-my-son-has-accrued-my-son-has-never-resided-at-my-address-will-my-credit-rating-be-affected-by-this I have been receiving what I regard as threatening letters, addressed to my son, at my address. My son has never resided at my address where I and my wife have lived since 1998. Apparently a notice of default has been granted against my son at my address. I have no knowledge of his whereabouts or what the alleged debt represents. I have contacted the senders of the letters and informed them that I want them to remove my address from their files. What is the legal position in respect of any effect this will have on my credit rating? No publisher MariaMason 2008-11-17T11:45:35Z Rich document http://www.moneylawyer.co.uk/questions/i-have-a-car-on-hp-which-i-would-like-to-get-rid-of-what-is-the-best-way-if-any-of-doing-this I have had a car on HP now for six months with four and a half years of payments left to make to the finance company. The vehicle is now in negative equity and I would like to get rid of it as it is now unsuitable for purpose. What would be the best way, if any, of getting rid of it? No publisher MariaMason 2008-11-12T14:13:36Z Rich document http://www.moneylawyer.co.uk/questions/we-bought-a-car-but-did-not-want-to-pay-for-the-warranty-the-car-has-developed-numerous-problems-but-the-dealer-wants-a-20-fee-for-taking-the-car-back-what-are-my-rights We bought a Polo for my daughter from a dealer, there was a three month warranty offered which we declined in order to lower the price. Unfortunately the car has proved to be a dog with a number of problems arising within a week; my belief is that we are still entitled to a full refund under statutory consumer rights within 30 days (the car must be fit for purpose) regardless of any extra warranty offered on top; the dealer is saying that there is a 20% 'fee' for taking the car back, which I reject. What are my rights? No publisher MariaMason 2008-11-11T17:01:47Z Rich document http://www.moneylawyer.co.uk/questions/in-the-case-of-a-property-with-a-mortgage-and-second-charge-does-the-first-charge-holder-have-to-give-permission-for-re-possession-or-can-independent-action-by-the-second-charge-holder-result-in-re-possession My daughter and her husband jointly own a property with a mortgage and a second charge on it. The property is in negative equity and they both have significant other unsecured debts. The second charge company are pursuing for re-possession and a Court date has been fixed. Does the first charge holder have to give permission for re-possession or can independent action by the second charge holder result in re-possession? The first charge mortgage holder has agreed a rolling repayment of their mortgage with them both and they are keeping to this plan so far with any arrears being negotiated for a later agreement. What defence do they have against the second charge action? No publisher MariaMason 2008-11-11T11:04:20Z Rich document http://www.moneylawyer.co.uk/questions/i-have-someone-from-switzerland-who-wants-to-buy-my-car-and-pay-me-a34-000-for-transport-costs-which-are-only-a3800-is-this-a-scam I have someone who wants to buy my car, he saw the ad in Auto Trader. He has offered me only £50 less than the asking price (£6,200). He says he's from Switzerland and will send a Banker's draft for the cost of the car and transportation total £10,500, when it's cleared I send the balance via Western Union to his transport company. Why is he buying a car he's never seen and paying £4,000 for transport costs that are only £800? (I've asked him, but not had a reply yet). It sounds a scam, how should I continue? No publisher MariaMason 2008-11-10T18:05:59Z Rich document http://www.moneylawyer.co.uk/questions/i-am-being-chased-by-a-debt-collection-agency-for-an-amount-which-they-say-i-owe-3-mobile-from-three-years-ago-i-do-not-believe-i-owe-this-money-what-are-my-rights-as-they-are-threatening-to-take-me-to-court I had a mobile phone contract with 3 mobile about three years ago. As far as I was aware this was cancelled. I then moved house and now, three years later, a debt company has contacted me to say I owe 3 mobile £149. I have checked my credit file and they have settled the account I had with them. I was not informed of any extra amount when I cancelled my contract. What are my rights as they are threating to take me to Court? No publisher MariaMason 2008-11-05T12:38:58Z Rich document http://www.moneylawyer.co.uk/questions/my-daughter-bought-a-car-from-a-friend-which-has-now-been-deemed-unroadworthy-and-she-has-been-advised-not-to-drive-it-can-she-get-her-money-back My daughter bought a second hand car from a friend and whilst driving it home we heard a loud sqealing noise. We decided to book it in with a mechanic to give it the once over and to our dismay the report came back with a catalogue of problems. It was deemed as unroadworthy and she was advised not to drive it, which he wrote in the report. We went back to her friend's house and asked for our money (£550) back as it was not roadworthy, however she refused. The work would cost approx. £500 to repair. I have since done some research and have seen on the Citizens Advice website that it is illegal to sell a car that is not roadworthy. Is my daughter entitled to her money back? I want to take this to the Small Claims Court to get her money back if you feel we have a case. No publisher MariaMason 2008-11-05T12:24:09Z Rich document http://www.moneylawyer.co.uk/questions/i-want-to-change-the-day-the-bank-takes-my-monthly-loan-payment-as-my-pay-date-has-changed-but-my-bank-says-it-is-illegal-to-do-that-is-this-correct I want to change the day the bank takes my monthly loan payment as my pay date has changed, but my bank says it is illegal to do that. Is this correct? This means I will have to make two payment in one pay month. No publisher MariaMason 2008-11-05T11:55:48Z Rich document http://www.moneylawyer.co.uk/questions/i-have-two-credit-cads-that-have-reached-their-limit-and-i-now-find-that-i-am-unable-to-keep-up-with-repayments-what-can-i-do I have two credit cards that have reached their limit and I now find that I am unable to keep up with repayments. I have recently been awarded Disability Living Allowance but even with this money I can not make the payments. I have been using one card to pay the other and vice versa. I have contacted the credit card companies but they will not reduce the payments or interest. What can I do? No publisher MariaMason 2008-11-05T11:07:55Z Rich document http://www.moneylawyer.co.uk/questions/if-a-garage-offers-no-warranty-on-a-car-can-i-still-return-it-within-14-days-if-i-am-not-happy-with-the-car If a garage offers no warranty on a car can I still return it within 14 days if I am not happy with the car? I am collecting the car today and they offered me no warranty because it's a used car, but can I still return it within 14 days if am not happy or if something goes wrong? No publisher MariaMason 2008-11-05T10:31:33Z Rich document http://www.moneylawyer.co.uk/questions/if-i-stop-paying-the-mortgage-on-my-property-in-spain-can-the-bank-come-after-my-assets-in-england-if-there-is-a-shortfall-on-the-money-owed-when-they-sell-the-property If I stop paying the mortgage on my property in Spain, can the bank come after my assets in England if there is a shortfall on the money owed when they sell the property? No publisher MariaMason 2008-10-24T10:23:57Z Rich document http://www.moneylawyer.co.uk/questions/we-have-mortgage-arrears-and-are-unable-to-make-the-payments-and-our-house-is-in-negative-equity-what-can-we-do I do not know where to turn. We have mortgage arrears and we are unable to make the payments. There is negative equity in our home and my husband requires a lot of time off work due to cancer treatment. Is there any way out of the mess we are in? No publisher MariaMason 2008-10-24T09:28:25Z Rich document