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House Network Administration - Shawbrook Loan

nevkimbers
Posts: 5 Forumite
in Loans
Hi,
I'm wondering if anyone can help with the consumer credit act.
I listed my house for sale with a company called 'House Network' ( Post to righmove etc) who went into administration yesterday and are no longer operating.
At point of Sale, you take out a defered loan with a loan company called Shawbrook. The complete loan payment of £795 isn't due until October.
As House Network are no longer operating, I of course am no longer being supplied with their services.
I have checked Section 75 of the consumer credit act which states the following.
"Liability of creditor for breaches by supplier.
(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.
(3)Subsection (1) does not apply to a claim—
(a)under a non-commercial agreement, F1. . .
(b)so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [F2£100] or more than [F3£30,000][F4, or]
[F5(c)under a debtor-creditor-supplier agreement for running-account credit—
(i)which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and
(ii)which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.]
(4)This section applies notwithstanding that the debtor, in entering into the transaction, exceeded the credit limit or otherwise contravened any term of the agreement.
(5)In an action brought against the creditor under subsection (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party to the proceedings."
What's not clear to me is the section 3c (ii) in red above.
Am I protected by the consumer credit act here. Is it actually stating that because I'm making a single payment I'm still liable? Or the opposite? I'm thinking the former.
Any help much appreciated.
I'm wondering if anyone can help with the consumer credit act.
I listed my house for sale with a company called 'House Network' ( Post to righmove etc) who went into administration yesterday and are no longer operating.
At point of Sale, you take out a defered loan with a loan company called Shawbrook. The complete loan payment of £795 isn't due until October.
As House Network are no longer operating, I of course am no longer being supplied with their services.
I have checked Section 75 of the consumer credit act which states the following.
"Liability of creditor for breaches by supplier.
(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.
(3)Subsection (1) does not apply to a claim—
(a)under a non-commercial agreement, F1. . .
(b)so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [F2£100] or more than [F3£30,000][F4, or]
[F5(c)under a debtor-creditor-supplier agreement for running-account credit—
(i)which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and
(ii)which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.]
(4)This section applies notwithstanding that the debtor, in entering into the transaction, exceeded the credit limit or otherwise contravened any term of the agreement.
(5)In an action brought against the creditor under subsection (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party to the proceedings."
What's not clear to me is the section 3c (ii) in red above.
Am I protected by the consumer credit act here. Is it actually stating that because I'm making a single payment I'm still liable? Or the opposite? I'm thinking the former.
Any help much appreciated.
0
Comments
-
Have you seen whats on the house network website ?
Does it answer your question or not ?
What was it House Network provided that a normal estate agent couldn't ?0 -
I've exhausted all avenues with the website. It isn't helpful, hence I'm looking at the consumer credit act.
Ultimately that's the golden source of what my rights are.0 -
I'm in exactly the same boat so interested to see what people think here.
I've also read that Emoov are offering a free listing service to House Network customers before the 31st May. I've sent an email to them to find out the details - there surely must be a catch somewhere! However, it's worth looking into as the vendor of the property I had offered on is going to pull out if I can't get my property back on the market and obviously I want to avoid having to pay 2 fees.0 -
Anyone had any success or hear any news. They seem to have been bought out, then the new guys who bought them out have also gone into administration?
Has anyone has any success claiming their fees back?0 -
Hi
Not sure how you got on, however i have just been refunded £636, from the 750 taken as contract unfullifed. Wrote to shawbrook customer care team.0
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