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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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old consumer loans refinanced 1990 loan/CO - now sold to manchester BS - they want paying - help


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havent been on here for a long time but here goes

 

My father in law took a loan out in 1990 with consumer loan company ( now defuncked) for £50k interest only.

 

the loan was fully repaid after 5 years and transfered onto another loan ( Repayment) which had a charge on his property.

After quite a few years when the loan had gone down to about 10k

 

I took the paperwork down to a solicitor

who told me that although the loan agreement was not legal

the fact that it was over 25k meant that he could not claim against C/ loans.

 

He started to get calls from CEO asking if we wanted to make a small paymet to clear the dept.

At this point I smelt a rat as I have never known a bank to except a lesser amount.

 

Just as we were about to start sniffing as to why they were trying to do a deal Consumer loans then disappeared.

 

Last year he got a letter from manchester building society saying they had taken over the loan and they wanted to arrange a payment plan.

 

I took some advice verbally from a solicitor to say that they were probably time barred and that unless we acknoledged the dept they would not be able to claim.

but that didnt get over the fact there was a charge on the property that needed lifting.

 

three letters later

the last one threatening legal action with a copy of an agreement dated 1990 and for 5 years makes me think

 

A they dont have a legal agreement and are trying it on and hoping we are stupid enough to pay them.

 

B dont realise that maybe we have a potential claim.

 

The fact that they have sent this agreement says to me there is something fishy going on.

 

Somepnes thoughts please.

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is the charge in their name?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A confusing post....

 

" the loan was fully repaid after 5 years and transfered onto another loan ( Repayment) which had a charge on his property.

After quite a few years when the loan had gone down to about 10k "

 

If it was fully repaid why was it transferred onto another loan?

 

Because it was over 25K the agreement was unregulated..why do you think its not legal?

 

The charge would have been placed as security at the time of the advanced (unregulated secured loan) it can never be statute barred as they already have security with the charging order on the property?

 

Regards

 

Andy

We could do with some help from you.

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Above is the agreement they sent.

 

My Questions are

! is the document legal?

2 is there anything that can be claimed?

3 Have they got all the legal right to claim back what they are asking?

yes the charge is their name but one of them has sadly passed away.

consumer loans agreement.jpeg

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no is the legal charge in Manchester BS's name on land registry.

 

 

nice bit if PPI to reclaim there too..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I dont know but but Manchester building society have only just come on the scene, so the answer would be that no they wont be on the charge. Ther is something very funny going on, which make me think it isnt straight forward for them.

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its called fleecing.

 

 

if their name is not on the charge then tough luck on them.?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If the debt has been legally assigned to Manchester BS then they are entitled to pursue the debt ...the Charging Order secures the debt as its a secured loan and was placed at the time of the advance and therefore part and parcel of the debt and assignment.

 

If you could answer my previous post then we will try to resolve the queries you have with the agreement.

 

Andy

We could do with some help from you.

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Hi Andy,

it was originally interest only

then I think it was changed to repayment

but we dont have any paperwork,

 

 

they only just sent the interest only agreement through.

Not the agreement after.

I suppose I need to SAR them ??

 

About 10 years ago I took the second agreement to a solicitor who said that he didnt feel that the paperwork was right but that because it was over 25k the was no way to fight it.

But I now know that that 25k has risen?

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Yes do a DSAR...may be tricky though as you state the OC is no longer.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Original Creditor = Consumer Loan Company

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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the £5k consumer protection plan plus insurance of £250, were they paid?

If so reclaimable if not fully explained.

 

get a copt of the house deeds from the Land registry (£3 online download) and see if there is a charge and whose name is on it.

 

 

If it isnt the people asking for money then they need to show a proper assignment and then explain why FiL and the LR werent properly informed.

It may well be that they have got it wrong and the debt has gone with CLC

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Where do I find the library to get a SAR template?? not been on here for a long time.

Also is there PPi on this agreement??

Cheers

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

We could do with some help from you.

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What does seem funny was there was a second agreement signed which was repayment and they havent sent that agreement which is the one that is current. the one that they did send has been fully repaid!!!!

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  • 2 months later...

Why would it not be ?

 

Did you get land registry record regarding charge ?

 

Do you have a full list of all transactions on the account ? If the oustanding balance is £12k ish, then payments have been made over the years. When did they stop paying ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The chrage is for consumer loans

and yes I have all transactions the last payment being in 2008

but the loan is agreed with no interest at all nil.

and it did have 250 pounds of ppi included in the loan.

 

so from what your saying then I will have to pay a negotiated amount.

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So the charge includes this loan that is outstanding ?

 

If so, whether you pay depends on what was agreed previously with the lender.

If you agreed to make repayments and you are in breach, are they threatening action ? Or are they prepared to wait ?

 

Why not write to Manchester BS, just saying that you are very confused about the current position and would they write back with a full detailed explanation.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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so the charge is not in their name then

interesting...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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