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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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Halifax credit card mishandling complaint. No statements for 31 months


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Ah.... thats why the statement stopped...its basically a bad debt and most probably transferred to their recoveries.They do not issue statements on bad debts as its most probably all ready been wrote off and tax claimed back against it.

 

Im very surprised its not been assigned to a DCA by now.

 

I think it would be prudent to send a request for the agreement using a section 78 request...lets see if they have an enforceable agreement.(template in our library)

 

Bank the £200 and once cleared send the above and see what response you get....then you can revue your own position on whether you want to keep making payments into a black hole.

 

 

Regards

 

Andy

We could do with some help from you.

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No,

they closed it because they wrongly marked it as having the card reported stolen.

 

They've owned up to all this in writing, and telling me I wasn't eligible for statements as my account was closed.

I never defaulted.

It got lost in their 'fraud' section,

account number was changed

and they just wouldn't fix it

(or admit any of this till I issued the SAR)

 

They cocked up big time and admit it in writing,

but FOS say £200 is reasonable for 31 months of mishandling

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Well I would still consider the above in view of the interest and your payments having no effect on the balance.

We could do with some help from you.

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trying to work out if I'm at the end of the road here.

 

 

The FOS email states:

 

I understand that Halifax should have provided you with statements and/or information as per legislation and the information issued by the UK Cards Association.

 

 

However, Halifax have accepted it did not provide you with statements with that information which in my opinion is reasonable.

 

So they have gone against regulations for 31 months but the FOS say admitting that is good enough. I'm guessing they win?

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Forget the FOS...take matters in to your own hands and do something constructive as I have advised above.

We could do with some help from you.

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Already advised in post#26 above...but if they dont comply within 12 +2 days then you decide whether to continue to pay or reduce it to £1 a month

We could do with some help from you.

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