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.

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  1. #21
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    Default Re: possible barred old mortgage loan

    hi in 1995/1996 the debt was in the time limit thats why i think they come to the house and obtained my dads signatureicon but at the time I am not sure what company this was hope this helps my father cant remember anyone calling at his home there was a letter some where saying that because my father had signed the form that he had started the debt back off again

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  2. #22
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    Default Re: possible barred old mortgage loan

    Did he have capacity, did he know what he was signing?? If the answer is no then the agreement is void. Obtain the medical evidence that he didn't have capacity or at least he was very ill at the time then tell them to get lost


  3. #23
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    Default Re: possible barred old mortgage loan

    They have broken the law, but apart from that, the following is taken from the OFT debt collectionicon guidance July 2003, updated December 2006. http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf


    Debt collection visits
    2.11 Those visiting debtors must not act in an unclear or threatening manner.
    2.12 Examples of unfair practices are:
    a. not making the purpose of any proposed visit clear, for example, merely
    stating that collectors or field agents will call is not sufficient
    b. visiting a debtor when it is known they are vulnerable, for example, when
    a doctor's certificate has been provided stating that the debtor is ill
    c. continuing with a visit when it becomes apparent that the debtor is
    distressed or otherwise vulnerable, for example, it becomes apparent that
    the debtor has mental health problems
    d. entering a property uninvited
    e. not leaving a property when asked to
    f. visiting or threatening to visit debtors without prior agreement when the


    debt is deadlocked or disputed
    1
    g. not giving adequate notice of the time and date of a visit


    2
    h visiting debtors, unless requested, at inappropriate locations such as work
    or hospital.

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  4. #24
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    Default Re: possible barred old mortgage loan

    Posted in error

    Keep the faith. EiE.

    Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

    http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

    CONTACT CIB Here

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    Kevin Hughes(Compliance Manager-main) @ 02920 380 633

    Lee Jenkins(prosecuting Amany Attia) 02920 380 643

    Mark Youde(accounts compliance) 02920 380 955

    Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

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  5. #25
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    Default Re: possible barred old mortgage loan

    Hi all Just to keep you all updated my father has been phoned by this DCAicon not sure what he said ,but the original creditor has contacted him via phone and letter they are called Bradford & Bingley they say they want payment from him but he doesn't know what to do is there any letter to send him also I am not sure if it was the dca who got his signatureicon or Bradford & Bingley I know that these people are in the wrong just have not got a clue where to start with it

    Thanks in advance


  6. #26
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    Default Re: possible barred old mortgage loan

    I seem to recall that B&B no longer exist


  7. #27
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    Default Re: possible barred old mortgage loan

    As I said I don't think B&B exist Welcome to Bradford & Bingley


  8. #28
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    Default Re: possible barred old mortgage loan

    looks like they still do the morage site of things


  9. #29
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    Default Re: possible barred old mortgage loan

    They have been phoning my father he asked to se his signatureicon The lady said they may not have it so should be good to se what these clowns come back with


  10. #30
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    Default Re: possible barred old mortgage loan

    Perhaps a Subject access requesticon to Bradford and Bingley might be a good tool here to find out what has happened over the years, particularly after your parents seperated as it is not known whether your mother did something to acknowledge the debt (like making payments) which could be considered to be acknowledgement on behalf of both parties.

    The other benefit of this is that the mortgageicon is very old and they may have difficulty proving the debt so you could potentially get rid of the whole thing rather than just take issue with the actions of the agency collecting it.

    KC


  11. #31
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    Default Re: possible barred old mortgage loan

    Thanks guys sorry its a late reply father has received a call the other day, saying that he owed money from mortgageicon. think they were from Bradford & Bingley he managed to put the phone down but I think he confirmed dob and stuff. as father doesn't think straight sometimes. he then received a letter saying that the house he lived in was sold for less money and the want the remainder.
    The number he had to call was 08448921912 My father says he is worried in case they come to the house Even though I have explain the law to him.

    I cant beleave that people can get away with this I know that my mam would never have paid them as she was going to fight them to the end my mam did pay a something as my father must have signed something

    I do have a folder with lots of letters in I think i will have a look at these se what's there


  12. #32
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    Default Re: possible barred old mortgage loan

    Hi people I know its been a while father is now been contacted by a new DCAicon.I think is he gets really worried in case someone comes to the house. I don't live far way but he just doesn't understand.
    I have blocked these people on his call blocker now

    I know my late mother was paying for him. thing is he may be able to get legal aid but he worries about money and he wont go out the house. they have still Not provided a signatureicon I did speak to a legal person they said its quite hard to prove.

    I told him to ignore them but maybe i should try and explain the legal side to them but an ex solicitor did write some letters to them and they was saying its still not barred i am sure the courts would like this. Thing is I have lots of stress/anxiety too so it doesn't help.

    I don't think they would take him to court anyway now as lots of time has gone by.

    thanks guys



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