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breach of contract

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connor08
connor08 Posts: 94 Forumite
Tenth Anniversary 10 Posts Combo Breaker
edited 1 June 2017 at 5:38PM in Reclaim PPI & other insurance
I need to claim for breach of loan contract - I need to claim damages can you tell me what is the fair amount of damages taking into consideration of both PARTIES TO BE FAIR . I NEED TO FIND OUT HOW TO CALCULATE COMPENSATION .

THE EXPRESS TERMS OF THE CONTRACT WERE CHANGED WITHOUT NOTIFFICATION,WHITCH COSTITUTES A BREACH OF CONTRACT .

CONFUSING I KNOW .

Comments

  • dunstonh
    dunstonh Posts: 119,695 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Is this a loan under the consumer credit act? If so, then you do not claim damages. The lender cannot charge interest for the period of the breach.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    It would be helpful if you gave us details of the breach.

    Does the lender acknowledge the breach? What loss have you incurred?
  • Nearlyold
    Nearlyold Posts: 2,380 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Is this in relation to the CT Capital issue you posted about in March?

    https://forums.moneysavingexpert.com/discussion/comment/72246814#Comment_72246814
  • connor08
    connor08 Posts: 94 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    dunstonh wrote: »
    Is this a loan under the consumer credit act? If so, then you do not claim damages. The lender cannot charge interest for the period of the breach.



    I was told that I need to write to the business to say that there is a breach of contract because the express terms of the loan had ben breached and I had to ask for compensation I was told that the financial ombudsman awards for sever levels between 2 and 500 for compensation limits depending on the severity


    I was told that there was a breach of contract by the citizens advice they wrote a letter on my benalf to the company .
  • connor08
    connor08 Posts: 94 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 7 June 2017 at 8:08PM
    the broker got back to me and said that there was no breach in contract as they did not have a contract between yourselves .




    we were told that this was untrue because for a contract to be made there is offer acceptance and consideration


    they offered products
    that was accepted
    and consideration was given if there was no contract they could not charge me a broker fee .
  • connor08
    connor08 Posts: 94 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 7 June 2017 at 8:25PM
    IAmWales wrote: »
    It would be helpful if you gave us details of the breach.

    Does the lender acknowledge the breach? What loss have you incurred?



    they fraudulently miss sold me payment protection after the loan agreement was signed with no ppi


    when ppi was added the loan repayment cost went up - this meant that the terms and conditions of the loan had been changed . whitch constituted a breach in the express contract terms had they had told me there would not have been a breach .


    we have lost money because I have exclusions on the policy that stops me claiming on my ppi because I had a pree existing medical condition resulting in me not being able to make a claim .


    insurance have a term for the word but if there is a change in the terms they have to contact the lender .


    now they have told me to re claim my life insurance as when we took out our loan in 2005 the insurance was supposed to run for 60 months - but we redeemed in December of 2005 the broker did not inform the insurance company that our loan had ended . and resulted in us paying for ppi insurance for 60 month=5years
    when it was supposed to run along the side of the term of our loan our loan lasted 7 months therefore we should have only paid 7monthly repayments not 60 monthly repayments as we did .
    I have more of a chance of reclaiming my life insurance rather than anything else .
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I cannot understand a word of what you are saying.
  • dunstonh
    dunstonh Posts: 119,695 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I was told that I need to write to the business to say that there is a breach of contract because the express terms of the loan had ben breached and I had to ask for compensation I was told that the financial ombudsman awards for sever levels between 2 and 500 for compensation limits depending on the severity

    Who told you that?
    And no, the FOS does not work that way on a breach of the consumer credit act.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    How about you post a copy of the CAB letter so we can work out ehat you're talking about?

    (Take out your personal information before doing so.)
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    connor08 wrote: »
    I did seek free advice from a fraud solicitor as you suggested
    So why, months later, are you still seeking (non-professional) advice from posters here?

    https://forums.moneysavingexpert.com/discussion/comment/72664817#Comment_72664817
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