Jump to content


  • Tweets

  • Posts

    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Time limit on debt collection???


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3652 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I have just received a letter from Clarity Credit Management Solutions re: a very old loan I had with Egg dating back to 2001. I did not fully repay the loan, but I have NEVER been contacted by Egg with regard to the arrears. They have had my email address and my credit history has been updated with my addresses over this period of time.

 

Does anyone know if there are any time limits for how long a company can pursue an old debt (for example, if Egg has placed a CCJ on my credit history in 2001 it would have fallen off by now), and if they have a duty to show that they made reasonable efforts to contact you about the account before enlisting the services of the bully boys.

 

I wonder why I've been contacted now about it?? Strikes me as being a little odd??

 

Any help or enlightenment on this one greatly appreciated!

Link to post
Share on other sites

  • Replies 75
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

Thanks both for your responses. I will definitely not be acknowledging this debt in any way and will be sending off the standard letter to Clarity asap.

 

Thanks again.

Link to post
Share on other sites

  • 8 months later...

Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

 

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

 

Cheers

Link to post
Share on other sites

Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

 

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

 

Cheers

Could this by any chance be Lowells aka Red Debt aka Hamptons Legal.

 

They have recently bought a shed load of UNENFORCABLE Barclaycard debts that they are trying to fool people into thinking they have a legal obligation to pay. Truth is THERE IS NO LEGAL OBLIGATION TO PAY A STATUTE BARRED DEBT

Link to post
Share on other sites

Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

 

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

 

Cheers

 

Assuming you paid nothing for at least years, the above letter will suffice. You will probably then get a letter referring to a "moral" obligation.

Link to post
Share on other sites

Hi there, just thought it would be worth adding that I followed the advice given in this thread at the time of my original post, and managed to beat Clarity into submission. It took 3 letters (they just continued to send their standard letters out to me, even heading up the letters that they were 'disappointed I had not contacted them'), which I sent recorded delivery, using the same language that they use (lots of capitals, bold text and threats of police intervention if they sent a 'representative' to call at my house). Eventually I received a letter from their customer services director apologising for their failings and promising that I would never hear from them again. They said they had returned the debt to the originator, but so far I have not heard anything from them either.

 

The help available in this forum is amazing. Its helped me with the above, and it also helped me to claim over £3k of charges back from my bank.

 

Thanks a million.

Link to post
Share on other sites

It seems to be the same with most bullying DCAs. They threaten all sorts and continue sending threatomatic letters. However like most bullies thay are easily beaten when confronted with the law. Thet are so stupid that they do not realise that if they adopted a genuine attitude with folks instead of being ignorant and nasty on the phone or sending threatening letters they may well have more success. Now people feel so intimidated by them that they immediatly type their names into GOOGLE and end up here where they discover what and what not a DCA can actually do.

Link to post
Share on other sites

  • 2 weeks later...
Right now, I am ignoring them, will see what happens.

 

I'm in the mood for a fight, so I'm secretly hoping they might try something................

 

Cheers, Midori

Other than bluff and send empty threats there is nothing they can do on a Statute Barred debt.:o

Link to post
Share on other sites

As at today's date, red have got to the stage of offering me a 50% deal--I should cocoa!:p

 

Interested to see their next move. They don't have a phone number, and I'm not going to be daft and give 'em one!:rolleyes:

 

I'm fascinated by this whole subject, and seeing how far they will go with it....;)

 

Cheers, midori

Link to post
Share on other sites

If you are sure that you have not acknowledged this debt for 14 years then ignore it, there is a letter in the templates - I'll get you the link.

 

EDIT

 

Letter M here

 

hi, is it possible for you to give me the link for this letter template as this has just happened to me, only i cant remember having the card it was dated 16 years ago according to barclaycard and got quite nasty with me for phoning them about it and told me to discuss it with lowell. i have not admitted anything in fact i denied having it to lowell. they asked for a copy of my signiture, what should i do?? i have changed my name by marriage twice since then. any help and advice would be great. please.

thanks wendy

Link to post
Share on other sites

  • 2 weeks later...

Surprise surprise folks. I received a letter from Red Debt that 'after further examination it has now become apparent' that the account is 'subject to Section (5) of the Limitation Act 1980' and they have closed the account and they wont be sending further correspondence. A duplicate letter arrived in the same mail! Just for the record, I didnt contact them at all and ignored any letters. Many thanks to everyone for the information that let me do this.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...