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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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Mackenzie Hall Solicitors


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Hi,

Early last year I got into a bit of trouble and found myself taking out a payday loan with quick quid (stupid i know but thats a different story) anyway i then lost my job and told them that i couldnt afford to pay it back in full but now that i had a new job i wanted to pay off each month. They kept refusing and now yesterday I recieved a letter from Mackenzie Hall basically saying pay all in 7 days or else. I called them today to sort it out because I live with my mum and dad and obviously dont want epopel turning up on the door etc...The very rude scottish dude told me that unless i pay in full which is £742.75 within the next 7 days they will apply to take stuff form my mum and dads house, take me court etc etc, i really tried my hardest and offered to pay £100 per month which i think is quite reasonable, I have had experience with other debt collection agencys all of which have accepted monthly payments but these dont seem to be budging and I dont know what to do as they said I need to pay £150 today and then the rest at the end of the month to clear it...I really cannot afford to do this and all he said was "with all due respect its not my problem that you cant afford it im just telling you the situation and what will happen if you do not pay, this is the best i can offer you, i suggest you find some way of raising the funds"

What can I do? I really just want to pay each month there is no way i can afford what he is saying.

Any help appreciated

Thanks

x

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Report them STRAIGHT AWAY to TS and the OFT! This bunch of numpties are under scrutiny of the OFT at the moment and they've clearly breached a number of OFT guidlines and the CPUTR 2008.

 

Do you have a recording of the call? If they call again try and record, if you can't say 'everythng in writing only' and hang up ;)

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No unfortunetly I don't have a recording of the call. I am scared now to be honest, he said if I don't call back and pay the £150 holding fee by 7 tonight he will start doorstep proceedings. I just don't want them turning up at my mum and dad's to take stuff can they do this? Also he said something about applying to take it out my wages? No they never said solicitors they said "debt recovery and trace consultants" he said if i don't pay then it will be passed to "legal team"

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Something not many people know about. YOU tell them what you are going to pay, not the other way round. If they don't like it, let them take you to court and let a judge decide. Chances are he/she will make you pay much less than Muck Hall are demanding. These fools are powerless numpties and use threats of "may", "could" and nothing definite in their letters.

 

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They are not allowed to make threats like this - this is completely against the OFT's guidelines...If you are going to speak to them again you MUST record the calls....Did you ever receive a default notice ? Did you take the loan out online ? Was there any Protection Insurance on the loan ? Any other penalty charges ?

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Hi Sue,

Agree with Babybear. They are seriously out of order.

First off, stop worrying...they cannot come to the house and take anything. Only Bailliffs can do that, and even then only after a County Court Judgement has been obtained and even then only if you fail to keep up with repayments. The Court would only tell you to pay what you could afford..which would probably be much less than the payment you're offering.

From now on, as Babybear says, DO NOT SPEAK TO THEM ON THE PHONE. EVER. This is how they lie, cheat and terrify you into paying because there's no proof of what they say to you. If they ring again, refuse to go through security questions and tell them from now on everything must be in writing.

I'll look up some letters you can send them, unless anyone beats me to it! You'll get a lot of help and support to deal with these sharks on here..we hate bullies!!!!

Back soon, :)

Elsa x

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Thanks alot. I 'll definetly do this because he said if i have not called back with the £150 by 7 tonight he will call me! I just want to pay it off not sure why that is so hard! He said that a payment arrangment cannot be arranged because it's a defaulted account?! Strange seeing as I have managed to make monthly payments on other defaulted accounts! :confused:

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Do not pay a penny to this clown tonight whatsoever.

Report them to the OFT & trading standards immediately.

They are well out of order.

If he rings refuse to answer security question & insist everything must be in writing only.

Theres more chance of Lord Lucan turning up than anyone from these fools.

Just give him aload of abuse down the phone..he'll soon not ring back again ;)

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Lol thanks

I'll do that when he calls tonight. Thats the one thing I was worried about because nobody is at my house during the day, just my mum and she is disabled, just didnt want bullyboys turning up scaring the wits out of her! :mad:

I'm going to stand my ground on this one then, i'm not going to be bullied into skinting myself when I know that i am in the right x x

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At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!! :eek:

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At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!! :eek:

 

Nope, unless it's council tax and stuff like that, so don't worry ;)

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There is no such thing as a debtors prison nowadays so do not worry about that (as BB said).

 

Send Mucky Hall this letter if you want, and keep a copy by the door on the very, very slim chance someone does turn up:

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

 

As previously said, refuse to answer the security questions - if they continue pestering you, ask them to hold while you set up your telephone recording equipment ;)

 

Mucky Hall have recently been slapped by the OFT so you MUST report them as they will be reviewed in about 5 months now - the more complaints made about them since their slap, the better the chance of there is of these shysters losing their credit licence all together :D

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At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!! :eek:

 

With friends like that you dont need enemies :rolleyes:

Muck Hall have obviously scared you witless by the sounds of all this, like everyone has said..you have nothing to worry about with them.

They have no legal powers to money off you whatsoever - only a county court does.

So tell the clown who rings tonight to bog off or else you will also report him to the police (not 999) as well as the likes of the OFT,trading standards etc...

He is simply trying to get money off you by threats, which there are laws against in this country last time i looked?

Do not answer any security questions & do not confirm any personal details at all...

He will try to bully/intimidate you - refuse to give in to it.

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The threat monkeys have to hit their targets in a certain day, so will say anything to anyone in order to get them to pay up.

The sooner the licence gets taken away from these rogues the better :mad:

 

That's why we always say record the call if you answer it ;)

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That's why we always say record the call if you answer it ;)

 

Id love to record the calls BB but dont have recording equipment yet....as soon as my bank pays out to me AGAIN soon, i will invest in the technology :D

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