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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Letter from Pace Forward


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Hi just wondering if anyone could give me some advice. I took out a loan with Lombard about 10 years ago, after I divorced I couldn't afford the repayments so I called in Gregory Pennington and they helped for the next 7 or 8 years with affordable repayments. However I received a letter yesterday from a company called Pace Forward asking me to ring them. I rang them to find out what they wanted and they said I owed £9k which I immediately denied, I asked them to send me evidence and then put the phone down and immediately found this forum. From what I've read I think maybe the next course of action is to send them a CCA. However there also seems to be some other technical details that might be relevant - such as I think Lombard passed the debt to someone like BLS, and now Pace Forward have it and at no time have I ever been told about these changes of ownership - just before I forge ahead with a CCA, is there anything else I should consider? Many thanks in advance

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I would wait to see what there next move is you have asked them to prove it, I wouldnt send the CCA yet let them respond and then post again for further advice.

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Thanks Dave, I'm wondering if there's anything proactive I can do, if I wait I'm not convinced they'll do anything in the short term other than send out another letter asking me to phone them. In any case the CCA request would spell out exactly the documentation I am asking for and I suspect after such a long time and so many changes of ownership it may well not be forthcoming. I guess the worst case is that they send me a signed agreement but then I'd at least know where I stood. What do you think? It's just I feel rather helpless sitting around waiting for their next move icon9.gif

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A lot of this stuff is like a waiting game, they will be in touch just wait for them and then take it from there.

It will all come out in the wash one way or another.

Thats what I would do, but you might want to get the CCA request off now thats your call no difference really,

 

Its your call, good luck

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Do not call them. Put everything in writing and demand the same from them. Send them the following letter to get them to prove it:

 

Dear Sir/Madam,

 

Reference no: 00000000000

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully,

 

PRINT do not sign the letter and send by recorded delivery. IF they reply, come back here for more advice. I would hold off on the CCA request.

 

Above all DO NOT PHONE THEM :)

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Hi Clemma, many thanks for your kind advice. I'll compose the letter along the lines you suggest, the ball will most definitely be in their court, and I'll await their reply (confirmation of matter closed, hopefuly) and post here as soon as I get it icon12.gif

 

I know what you mean about not calling them, when I disputed the debt the guy on the phone said "yes you do owe £9k" and I got the feeling I should abort the call asap, and did so as soon as he told me he was passing me to the relevant department to discuss further - IF I ever call a DCA again I'll record the conversation...

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  • 4 weeks later...

Hello

 

I have recieved a letter and have no idea what it is about. I have spoken to someone at Pace Forward and they were extremely rude, so now I am really panicking. I am going to send off the letter posted above and hopefully that will make things a little clearer.

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hi all hope someone can help me with this, i received a letter from pace forward asking if i lived at my address saying that they wanted me to contact them on a ' personal matter '. me being warey of any contact like this didnt answer the letter or didnt use the number they asked me to contact them on. i now have been contacted by rockwell debt collection agency with a po box address which is in the same area that pace forward write their letters???? demanding that i pay £500+ within the next 7 days, i have no idea where this debt would have come from and also the company that has instructed rockwell(tessera portfolio management ltd) i have no idea who these are either. some advice would be very grateful thanks.

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Ask them to prove you owe the debt.

 

 

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

**Edit to suit**

Print name do not sign

Cabot have been my friends for 2 years(EDIT) Sent packing statute barred.

past due credit have been friends for 1 week(EDIT) Sent back to arrow, now statute barred.

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  • 2 weeks later...

hi all, well stone me, i did want you advised and sent off the letter, suitably edited, to rockwell debt collection agency. i sent it recorded delivery and i traced it through the post office and it was signed for on the 20th april 2009, ( interresting point when the lady at the post office tried to find post code for rockwell it didnt exsist), i also must add that when i had the letter for demand of payment with the bank payment slip at the bottom, i must say that it was of very poor quality. Anyway i have received a reply today 25th april 2009. This is its contents

 

our ref: ********/****-**** bar code

 

Dear Sir

 

Re: outstanding amount owed to Tessera Portfolio Management Ltd.

 

We can confirm that we are no longer dealing with this matter, and our files have now been closed.

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  • 3 weeks later...
  • 3 weeks later...

I received a letter from these people addressed to my old address and to my old name. I have since married (2003) and moved out (2003) - my old address is my parents. I have opened the letter and they have asked me to call them on a personal matter and have said that even if I am not the person on the letter to contact them anyway in order to remove the address. I would rather my parents do not receive letters from these people and I cannot return to sender as the letter is opened. Would it be better to write to them with the reference number - cannot state that it is a debt as I do not know as yet - and ask them to re-write to my new address or should I cellotape up the envelope and return to sender.

Any advice greatly appreciated.

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  • 1 year later...

Sounds like this company are setting the nets far and wide, they must have aquired a new disc of debts, names and addresses and are on a phishing excercise.

 

As others have said, do not ring these jokers, once on the phone (unless you record the call) you have no record of what is said or how it is said. DCA's are known for using bullyboy tactics over the phone to pressure you into making payments or acknowledging usually unenforceable debts.

 

Unenforceable debts are alleged debts that the DCA's have no documentation to back up their demands or they are chancing their arm on alleged debts that are statute barred.

 

Always ignore letters urging you to call and if you feel you must do something proactive, send the bemused letter.

 

Never sign anything with your normal signature, print your name. I would always head any correspondance with "I DO NOT ACKNOWLEDGE THIS DEBT"

 

Keep originals of everything they send you and copies of everything you send them. Send everything recorded or special delivery then you have proof of postage and reciept and they can never use the "i didnt get that letter" defence.

 

With any luck, these jokers will get tired of the letter tennis before you and slink back under their rock, just be strong and take control of your life. There is nothing more empowering than telling them where to get off.

 

Even if they manage to cobble together some paperwork, post it up on here (minus any personal details) caggers can check it for you and confirm if it is enforceable or not.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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  • 1 month later...

Dear all,

 

I have read all the info regarding the letters from Pace Forward as I recieved a letter from them on 13/09/10. The same standard letter as some of you guys got. I was in the process of sending them the standard letter as suggested then today I recieved a letter from Rockwell.

Within this letter they had a ref no and stated I owed £3200 to Tessera Portfolio Management with the original lender being Lloyds Black Horse. The letter stated I had ten days to pay the debt otherwise they will take immediate action.

I had a loan from Lloyds around 9yrs ago for £3000 having paid off around half of this. I then got into financial difficulties and defaulted on my payments. I haven't had any contact with anyone regarding this debt for around 4yrs.

Can anyone advise what the next course of action should be from me? Should I send Rockwell the letter?

Thanks in advance for all your help.

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Hi I got the letter from Rockwell and sent the reply as advised. It was signed for on 31/8/10 and up to now I have not heard anything else from them - zilch- nowt! So send the letter to Rockwell and see what happens

Cheers Ali

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  • 1 year later...

I have just received a call from 'Pace Forum' on my work telephone number

The rude guy on the end of the phone wanted me to confirm address first which i declined, I said you have called me why should I give you info I dont know who you are. He then claimed he had my address and wanted last 3 digits of postcode - I gave him this and he then said that wasnt what he had on the system.

Asked for my home phone number and when i said I didn't use a landline at home named a random number which i obviously said wasnt mine

He was then very rude and said I know it's you I'll send out another letter. Wouldn't give me any more info as was a 'personal matter'

 

Any Advice on what I should do? Can't have idiots like this calling me at work it looks bad and unprofessional on me. What should I do?

 

Kind Regards in advance, Carl

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If they ring you tell them to get lost, if the write do not reply until they send you something that you feel needs a reply. If you want to post the letter up without any personal details or any barcode they may put on letter.

 

The experts will then advise you.

 

dpick

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If they ring you tell them to get lost, if the write do not reply until they send you something that you feel needs a reply. If you want to post the letter up without any personal details or any barcode they may put on letter.

 

The experts will then advise you.

 

dpick

 

Hi,

 

They have never wrote to me the address they named was the wrong one so I haven't had anything but this call today and It was completely out of the blue.

 

The address they names I lived at previously but don't have redirect or anything on so I don't know what to do?

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Originally Posted by dpick:

If they ring you tell them to get lost, if the write do not reply until they send you something that you feel needs a reply. If you want to post the letter up without any personal details or any barcode they may put on letter.

 

The experts will then advise you.

 

dpick

Hi,

 

They have never wrote to me the address they named was the wrong one so I haven't had anything but this call today and It was completely out of the blue.

 

The address they names I lived at previously but don't have redirect or anything on so I don't know what to do?

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