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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
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    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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Mortgage Trust/Corp/HOMELOANS(No8)LLP debt - Godebt/Asset/phoenix - now shoos/Arrows


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Have a long standing debt which I have been paying for many years

 

original debt with the Mortgage Corporation,

 

they have passed or sold the debt on

 

I am now being harrassed by company number 6 Asset Recoveries,

 

who state they are acting on behalf of their clients (not sure who this is).

 

There has been a dispute going back a number of years over some of the charges made

 

,when I challenge the Debt Collection Agency Concerned,

 

they pass it on to a new company.

 

I am now faced with a Income Expenditure & Proposal Form,

the likes of which I have never seen.

asking for my employer/telephone number,

usual wages and pensions,

what I spend during the course of one month,

utilities ,rent etc,credit cards.

 

They want me to list my asssets

Car,

savings,

investments,

antiques paintings

jewellery.

 

they require my bank statements/wage slips/rent book/latest utilities bills/credit card statements.

 

I feel this is all to much and they are stepping outside the bounds of what is legal,

 

HAS ANY BODY GOT ANY VIEWS ON THIS SUBJECT

 

sorry missed this out,

 

 

I have been given 14 days to respond or court action will be taken.

 

 

They are seeking an offer of payment lump sum.

or increase in monthly payments,

,perhaps CREDIT CRUNCH has missed them.......

.......thanks

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Guest Gordons Barking

Give them nothing,

you only have to make that sort of declaration if you are negotiating payments to be made after a court hearing.

 

 

If you are happy with the current level of payments and interest wait for them to take you to court then settle after the official court papers are received if you think you could lose for the minimum possible monthly payment, they have to accept anything reasonable and interest rates are fixed by the court (check all that for yourself obviously).

 

Just seen your second posting:

play them at their own game set the figure you want to pay and massage the figures in the questionnaire to fit.

 

 

Also wait till you actually get official court papers from the court before filling out any questionnaire - the court has a similar form.

 

 

Otherwise you are just showing your hand to the opposition.

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  • 2 months later...

Need HELP on this one please......

......new territory...

.have read lots of threads..

still unsure which way to proceed..

 

 

Asset recoveries have advised me that they are acting on behalf of Phoenix recoveries uk for a mortgage debt which I had been paying to another DCA called Godebt,

 

 

Asset recoveries tell me that Phoenix have purchased the debt of £5229,

and they are not happy with £30 per month,

but will accept £1200 as a full and final settlement,

 

 

This outfit Phoenix must have paid about £500 for the debt,

I asked Asset recoveries how much was the debt purchased for.

.they will not tell me the amount.

 

 

I have read the various threads they dont have to.

I cannot beleive they can get away with this.

 

 

Sorry going of at a tangent,

 

 

CAN Asset recoveries just write to me and say they are acting for another company without that company advising me in the first instance that this is the case.

 

 

Asset have also sent me a 5 page earning and outgoings declaration along with bank statements required etc.

 

 

I have advised them to put this Where THe Sun Dont Shine

 

 

....What should I do ?????????

 

 

thanks

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Why would you give some any info you don't know who they are (they are just a load of children who have tamtrums and through toys out of their cots.)

Think you need more help than I can offer on this at the moment not well up on mortgate debt.

Someone will be along soon who can help more.

DG:)

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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you will have to ask to see the deed of assignment and simply refuse to talk, write or co-operate in any way till they show it. If they threaten to take you to court then you can ask to see everything they hold on you by the civil procedures rule.

hope this helps

paul

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Hi, Not well up on Mortgages, but my answer would be, if you are not satisfied with the amount I am paying, why did you bother to buy this debt!!

 

They are not entitled to any I & E information, only a Court can order you to provide that.

 

I am afraid that is the limit of my experience, but I would think that you would still need some kind of legal Assignment Notice from both sides, otherwise anyone can ask another individual for money!! I am sure you will get more constructive help soon.

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Do you know how they calculated that amount of debt ,have they given you statements of how they worked out how much you owe, if not send them this.

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Re:− 4563210025897412

 

Thank you for your letter call concerning the above account. We do not acknowledge the claim. Please supply us with a full breakdown of the balance claimed under the above account.

 

In order for us to deal with the matters you raised, we should be grateful if you would supply we with answers to the following points:

  • when did the arrears begin?
  • when was the last payment made on the account?
  • when was any Possession Order given?
  • when was the house sold?
  • what valuations were made on the property before the sale?
  • what costs were involved in maintaining the property during the period between the repossession and the sale?
  • how was the house marketed and sold and at what price?
  • what costs were involved in selling the property?
  • has a claim been made against the indemnity insurance and how much was recovered?
  • how has interest been calculated from the start of the arrears?

Please supply us with a full breakdown of the balance claimed under the above account. We look forward to receiving your reply as soon as possible.

 

Yours faithfully

Mr A N Other

 

EDIT TO SUIT

 

 

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifclose.gif What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

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Cabot have been my friends for 2 years(EDIT) Sent packing statute barred.

past due credit have been friends for 1 week(EDIT) Sent back to arrow, now statute barred.

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shredder10,harrassed senior,freethemice,diamondgirl,Thanks to all of you for the very quick response,some very good clues as what to write to the BA......... will compose a NICE letter today,and keep you informed.........thank goodness you are all out there................Firstship

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  • 3 weeks later...

Sent my NICE letter on 30th April 2009 stating they cannot ask for I&E information,

I asked who Phoenix Recoveries are and from where do they conduct their business

 

 

.I have asked Asset Recoveries to prove thay act on behalf of Phoenix and also asked for A Deed of Assignment from Mortgage Corporation to Phoenix and the date this sale of the debt took place and how much they paid for the debt.

 

 

I have also advised them that all 3 companies have breached the Data Protection Act 1998 and asked Asset Recoveries and Phoenix to destroy all data they hold about myself.

 

 

I further have tried a CCA1974s77/78 on Asset Recoveries..

along with the details Shredder10 indicated in his sample letter.

with a reply required within 12 days...

GUESS WHAT.....NO REPLY.

 

 

Sent 2nd Letter today,

the usual you are in default,

and I need all of the questions put to them answered along with confirmation that all Data has been destroyed.

 

 

Finally stated no Money will be paid.

Am I heading down the right road,

any thoughts??????????

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Had a reply from Asset Recoveries enclosing

Assignment of Book Debts

-Mortgage Account History-

-Statement of Payments along with a very in depth letter....

 

 

.....QUESTIONS..

they insist they have the right to ask for Income and Expenses without reference to any court,????????

The Assignment of Book Debts is between HOMELOANS (No8)LLP and Phoenix Recoveries

 

 

any body got any idea what HOMELOANS(No8)LLP is,

the Mortgage was originally with the Mortgage Corporation?????????

 

 

At no stage have I been advised the debt was sold or a Deed of Assignment submitted that the debt was being sold,

what is the best move???????

 

 

The Mortgage Corporation sold the debt with a number of Repo charges in dispute,

mainly disguised charges called Repossesions Cost which turned out to be decorating and various fittings being replaced and charges made for Fees the same item a number of times,

 

 

any idears onthe right to sell a debt whilst in dispute??????

I maintain that and have advised Asset accordingly,

that they and Phoenix and Mortgage Corporation have breached the Data Protection Act 1998 by not informing me of the sale of the debt

 

 

so as I see it Mortgage Corporation sold to Phoenix this is passing data without my knowledge Phoenix passed data to Asset Recoveries without my knowledge any ideas on this am I right or wrong????????

 

 

Phoenix have never written anything to me in any shape or form so I asked Asset Recoveries to show me the Document that gives them the right to act on behalf of Phoenix,

they have not done this????????

 

 

I asked Asset to tell me how much Phoenix paid for the debt,

reply We Dont Have To and Will not reveal Confidential Information of this nature.

 

 

From other threads I am sure this is correct.

 

 

CAN WE NOT START A PETITION TO GET THIS CHANGED

,I am sure it was peanuts

and I feel we should have the right to be made aware of the cost of the sale.

 

 

Sorry to go on..

..any advise out there please All the Best ..

...Firstship

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Agree with 42 man on this sar them both, you need a proper breakdown of how they arrive at the debt they say you owe.

Cabot have been my friends for 2 years(EDIT) Sent packing statute barred.

past due credit have been friends for 1 week(EDIT) Sent back to arrow, now statute barred.

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Why would you give some any info you don't know who they are (they are just a load of children who have tamtrums and through toys out of their cots.)

Think you need more help than I can offer on this at the moment not well up on mortgate debt.

Someone will be along soon who can help more.

DG:)

 

Hi, I am new here also, but I have Asset Recoveries Uk contacting me re an old Northern Rock loan 16k i am repaying at 25.00 per mth- they now want 150.00 per mth or will make me bankrupt..

The debt was joint with ex husband who did not pay, and has since died ..Can they make me bankrupt as I have no equity in my home ?

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Not had much dealings with mortgages, but I would assume that as your were joint holder with your deceased ex-husband, that his estate will have 'inherited' his part of this 'debt'.

 

You do not say how long ago this was, but you would need to contact whoever is doing the Probate of his Will and put in your claim.

 

I would certainly inform Asset Recoveries that this is the present situation and that you cannot increase any payments at the present time.

 

Do they already have a CCJ against you for this debt and is the £25 per month the amount ordered by the Court? If so, I do not think they can insist on an increase in payments without returning to Court.

 

If you have any further debts it might be a good time to inform Asset that you have x creditors and should you be made Bankrupt they would all be entitled to a share in any available funds.

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Hi, I am new here also, but I have Asset Recoveries Uk contacting me re an old Northern Rock loan 16k i am repaying at 25.00 per mth- they now want 150.00 per mth or will make me bankrupt..

The debt was joint with ex husband who did not pay, and has since died ..Can they make me bankrupt as I have no equity in my home ?

 

Hi Chelsea and Welcome

 

I would suggest that you start your own thread off that way you will get the help you need.

 

These companies are well known to phone you and will try every trick in the book to make you pay, they do this over the phone as they know most people will be terrified and pay what they cannot afford. Please do not speak to them on the phone if you do tell them everything must be in writing. If they have written to you can you scan that up so everyone can have a look, please remove all your personal details. If you can't scan then can you type up what they have written to you.

 

If you click on any thread on the right hand side I would think under the debt collection industry would be the best.

 

DG:)

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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hi Chelsea 26.............just out of curiosity has the debt been purchased by a company called Phoenix Recoveries s.a.r.l.....Asset Recoveries seem to work on their behalf,am having dealings with both companies at present and find both absolute SH...best of luck and welcome

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  • 1 month later...

sent a SAR to phoenix/asset recoveries and the Mortgage Trust the old Mortgage Corporation

 

who have replied that the disputed amounts involved they have investigated and cannot produce the original documents in full,

 

however they suggest that as the debt has been sold to Phoenix

I should pursue them to produce the details of the disputed amounts,

 

I can see this going on for EONS.

 

QUESTION....if Phoenix/Asset recoveries cannot produce the full documents is there a time limitation where they are not required to furnish this information,

 

or can I continue to dispute the amounts regardless of how long ago it was????????????..

 

..Firstship................

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42man-----

-any knowledge on TIME LIMITATION for disputed claims

 

 

the debt with Mortgage corporation was sold 2 years ago without my knowledge and I assumed Asset recoveries was just another in a long line of DCAs collecting on behalf of Mortagae Trust/Mortgage Corporation,

 

 

I have had along going dispute with the Mortgage Companies and latterly through the DCAs,its the time limitation aspect that worries me.........................Firstship

 

Has anybody received a letter direct from Phoenix Recoveries

 

it appears from reading various threads that numerous DCAs work on their behalf

 

but there does not appear to be any direct contact with this outfit called Phoenix Recoveries?????????

 

I have a long standing letter marathon with Asset Recoveries

 

who say they represent Phoenix Recoveries

 

should I take their word for it or say proove it??????????..

 

.......Firstship

 

anybody any thoughts or had dealings DIRECT with Phoenix Recoveries...........thanks Firstship

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  • 1 month later...

This dispute is still ongoing

however they are now willing to accept £600 paid over a 3 month period as full and final settlement.

 

 

This is quite a good deal but Asset Recoveries are still insisting they represent Phoenix Recoveries but I cannot get confirmation from Phoenix in writing to confirm that they have authorised Asset Recoveries to represent them.

 

 

Both are still unable to produce any detailed documentation as to how the debt is constructed and full details of what limited information they are able to supply is for.

 

 

I have made it clear I am not prepared to pay any money based on line after line headed Possession Costs,they cannot produce in any shape or form what these are for..

Any ideas as to next step................thanks in advance.....Firstship

 

Help On This Please.....................

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Hope this helps illuminate the pathway-

The Mortgage Corporation Direct Ltd

Dukes Court ,

Woking ,

Surrey

 

This company was a trading name of :-

Brittanic Money Investments Services Ltd

According to FSA records .

 

Who were owned by :-

Brittanic Assurance PLC

 

Who in September 2005 merged to become :-

Resolution PLC

 

Who on 1st May 2008 were sold to :-

Pearl Group Ltd in Peterborough

 

Phoenix oversee the Britannic Assurance division of The Pearl Group who have a number for "The Mortgage Trust" . On calling them they should trace your mortgage roll number with The Mortgage Corporation Direct Ltd then you can request a copy of the original mortgage agreement which they are relying on as proof of debt .

Their number is :- 0800 550 551

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