Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Exclamation New here. Need help with an insane situation

    Hi everybody,
    My name actually is not Nanny - it's Paul

    How to start? Well - our problems started at the end of last year. Up to that point, I would have considered myself comfortable. We have several (or had in a couple of cases now) successful businesses, a hotel and property worth around £2M which (having owned most of them for over a decade) around £1.2M that belongs to us.
    Our problem is with our bank (one of the High Street 4). We have been a customer for over 12 years, never did anything wrong, have borrowed and repaid very large sums (all secured) in the past in the course of our businesses.
    Toward the end of last year, we agreed a further loan of £70K with the bank - for which they required further security (not a problem) so we agreed (no reason not to). Then all this lunacy hit and the banks had no money - so, the loan (which has never been refused) was never made and we suddenly received a demand for our working O/D of £30K back. So, instead of the agreed facility, we gave the security and received a £100K hole in our cash flow.
    Undeterred, I then set about obtaining the money elsewhere - and this is where it all descended into farce. The bank will not tell me, or anyone willing to lend the money, what they have done with the security taken for the loan that was never made. They ignore my letters and, despite 2 meetings with them (where they undertook to give me the details) - I have heard nothing.
    Our total indebtedness to the bank is £164K and they actually hold securities in excess of £500K and, because of their actions, the balance of over £330K has simply disappeared and I cannot use it or even find details of the, so called charges.
    Wind on a few months and, having suffered a £100K hole in my finances, our situation is fast becoming untenable. I have actually managed to keep all but one mortgageicon company sweet and we are making progress (the one that is getting nasty is mortgageicon Express - 100% owned by the Government). I have, in short, spent the last 6 months "knitting fog" to keep us as afloat as we can be. Credit card bills have gone unpaid and our once platinum credit rating has been destroyed - simply because the bank has "stolen" over £300K of my assets. Perhaps I should have tried to capitalise on some of our other assets a few months ago but, having been assured by the bank twice that the details would be available, I re-arranged the finance 4 times - only for it to fail on every occasion when the undertakings were not honoured.

    We are now in the situation of simply not knowing which way to turn. Everything I try now hits the same buffers - the second charge taken for the Non loan - strangely, people want to know the details before lending - and I can't give it to them.

    I have even arranged finance to simply pay the bank off - but the same intransigenece is always the downfall. I even tried to transfer money into one of our accounts (on line) and it came back - "account closed" (which was news to our business manager).

    My "crime" (in the eyes of the bank) was the publication of a full page article in the Daily Mail - demanding an explanation of what was happening (just after Christmas) and, since then, I have been totally ignored.

    There is no doubt in my mind that the bank is simply trying to "starve me out" and, in some ways, they are succeeding.

    Just to make my life even more fun, in March, the operation I had to fix my broken back simply went "twang" and failed, severing most of the nerves that make my legs work. So I am now on a cocktail of nerve drugs and pain killers that many hoodies would pay good money for - making working all this out almost impossible.

    The Banking Codeicon went out of the window months ago. I did think of going to the Ombudsmanicon but, the rules of engagement clearly state that I need a letter from the bank (stating that all negotiations has broken down) before I can do that. As they won't even reply to hand delivered letters, I somehow can't see that arriving any time soon.

    I am truly at the end of my tether. I have had to close one business (that was the biggest of its kind in the UK), as I cannot afford to re-stock for growth (what some of the £70K was for). The other ones I have managed to keep going (without "normal" banking facilities) and we have managed to refurbish the hotel and open for the season.

    I have to be honest, I sat in my recording studio today (forgot to mention that ) and looked at my drug cocktail and though "if I took the lot"????

    I didn't - because that is what they want me to do.

    Anyone up for suggestions as to what I should do now?
    I have done more or less everything I can think of. I have been on every website I can think of. There is no point in contacting a solicitor - I know more than most of them do. I can't even leave the bloody house now and am fast losing the will to carry on.

    I have to face Mortgage Express in court next month and, unless we sell our narrow boat or complete on the sale of one of our houses (both of which are in the pipeline and agreed) and get the money to pay the arrears (we are paying the mortgage but have a backlog of £2.5K that they will not capitalise) - we lose one of the houses, the income from it (that now pays the mortgage) and control of how and when it is sold. They will simply sell it for the cost of the mortgage and I will lose around £90K.

    I need practical help (I can pay expenses) - due to my disability and I need ideas and suggestions - most of which (due to the drugs), I will struggle understand and am so "down" and feeling so crushed, I will probably misunderstand.

    "smile they said - it could be worse" - I must have smiled I think.

    Paul


  2. #2
    Site Team The Consumer Action Group MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030's Avatar

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    Default Re: New here. Need help with an insane situation

    Hi Paul-welcome to the site.
    You certainly seem to have been through it.
    Theres a number of issues here which people will be able to assist and advise on.
    Can you say who the bank is ?
    I will leave your thread here for now-but it needs moving for help.
    The immediate one that needs sorting is the mortgageicon express one.
    I know its of no consolation,but if you would know the circumstances and problems of many who have come here-you would understand that theres always hope and always a way-once you are in the right place and can begin to work on tackling things.I have reported this to collegues on site team for some thoughts.

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
    Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.
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  3. #3
    Site Team citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB's Avatar

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    Default Re: New here. Need help with an insane situation

    I am not able to offer any help with your situation.

    However, if the bank are refusing to acknowledge your letters or discuss the situation then you can still make your complaint to the fosicon. Just say that the bank are refusing to discuss the situation and you are unable to provide them with a "Final response" from them.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE