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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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CFO Lending Agent Home Visit


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Hi, I took out a loan with this company (CFO Lending) about 2 and a half years ago for £300. To cut a long story short, I paid them back a few times, but kept taking out another loan and then rolling over the interest. This was cycling out of control, so I decided to default and pay back loan + interest for one month and rid myself of this company.

 

 

I did this, and paid back one month interest plus initial loan of £300 and told them this was settled. They wouldn't accept this and said the loans was in the region of £1700.

 

I then chose to totally ignore them from this point as they were impossible to deal with, I also changed my card. A few months later, they took about £600 from account unauthorised using my new card details (must have got them from another site or something).

 

I still did not want to contact them as knew it was a waste of time. Changed my card again, and instructed bank to not pay this company again, and any transaction to them would be fraud.

 

Two years later, I have not had any more money taken, but still receive sporadic texts of varying threats. Today I have received one stating that they will be coming round my house and specified a date and time.

 

Thought I would get some advice to see if should contact them or not. I have paid them back over a £1000 for a £300 loan, of which £600 was taken against my will using card details I had never provided them.

 

As far as I am concerned the debt is more than repaid and they are basically XXXXXXXXX.

 

I would love to stop receiving the messages and would like to clear this matter up properly, but can live with it if I know none of the threats to be true, and I really do not want to contract them in any way, as I feel this is asking for more trouble.

 

Any advice would be much appreciated. Scott

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Hi and welcome to CAG. Sorry you were missed.

 

If anyone turns up on your doorstep, tell them to do one. They have as many rights as I have to approach your door. None!

 

Once you tell a person to leave your property, they must and if they refuse, call 101 and report them as trespassers.

 

If you want to stop them, send them the doorstep letter that is in our library.

 

I would double check with your bank that they have no companies chasing payments from your account. A shame you let the £600 lie as you could have got that back from the bank as it was an unauthorised transaction.

 

As for anything else they can do. I don't think there is. If they were to try the court route, they open themselves up to a claim of unfair practices.

 

If you have had any payday loan with any other company since CFO, make sure they are not linked in any way otherwise, your account details will be passed on.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the reply. When the £600 was taken I was in a bit of a mess and also foolishly hoped/assumed that that would be the last I ever heard of them. It staggers me that they are so persistent 2 years later, when they have collected way in excess of the original loan and most of it by less than fair means. I don't believe they will take me to court as this would be costly and they would not have a leg to stand on. I would just like to be able to get rid of them once and for all, but at the same time I don't want to contact them or get involved with them in any way, so not sure of the best course of action. I am hoping that this threat of visiting my house is an empty one and just a standard message. I guess I will find out soon enough!

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Sadly this is how cfo works. Please make sure you contact the regulators and issue a complaint.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Financial Ombudsman is the one you need to send your complaint to. The OFT will simply record that a complaint has been made they are unable to deal with individual complaints.

 

The FOS will investigate the complaint and decide if you are entitled to any compensation or other action. It will also cost the compay a heft fee for the FOS to investigate :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 6 months later...

I had a lot of issues a while back with Capital Finance One. End result was I changed bank account and decided to completely ignore all mail, calls, texts from them (of which there were many) etc.I have not heard a word from them now for over a year. I initially borrowed £100 from them, this escalated up to £400, which is the point when I stopped paying it back. I have recently taken a look at my credit file and there is an outstanding balance of £1745 to CFO lending (defaulted Jan 2013). I have not been chased for this debt in any way for a while and assumed that maybe they had disappeared or this had been debt had been written off. I just want to know if there is a way of getting this balance removed from my file - I would be happy to pay back the original loan if this meant removal from my file, but I doubt I will be able to deal with CFO in this way. Or, do I have to just leave it there till it disappears in five years. Am surprised that they have not continued to chase for this, and I don't really want to contact them again or stir things up.

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I'd just ignore for now. If its the same debt, they stand almost no chance of enforcing it because it is made up of bogus charges which you can reclaim.

 

If you were to repay it, you would have given them money for nothing. Plus it is unlikely they will remove any entries as they are obliged to maintain an accurate record of the status of the account.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks , Ideally, I would like to have a clean credit file in a couple of years. I don't really want this sitting on there as a default for another five years when I will have paid off most of my other debts in the next 2 years. Are they still trading? Will they write this off at some point do you think?

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Well, you COULD contest the default, as if it occured and was added due to the charges levied, it would be invalid. Youd have to SAR the OC for that though.

 

The only way theyd write it off is if they felt kind enough after you paid them all their bogus charges, or a DCA bought it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I would imagine at least 1100 of this amount is bogus charges, but not sure if I can really be bothered to contact CFO. They prob would not reply to an SAR anyway, or if they did, how would I contest a default, I did after-all default on some loan with them, but they made it impossible to pay it off normally. So all of this debt "in limbo" will just remain on file for 6 years?? Is that correct?

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They have to reply to the SAR, or you can take them to court for disclosure.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I've had a couple of people tell me that CFO have put defaults on their credit file for over a £1000 more than the original loan + interest. If you are willing to pay back the original amount it might be worth trying to negotiate that they correct the credit file - although I expect they would only change the amount, not remove the default altogether.

 

I wonder if CFO are dishing out these inflated defaults spitefully as people have come to their senses about not paying ridiculous interest and charges, so they've decided to ruin their credit reports.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If the default was added incorrectly, it can be contested and removed, then theyd have to go through the default process again, which allows the debtor to pay. However if a substantial period of time has elapsed, couldnt the debtor contest it was unfair?

 

 

The fact remains that CFO have added incorrect defaults to the credit files.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If I remember correctly my default should be for around £600 max, which was the contractual balance + plus interest. Its £1745 on the file. I doubt I will ever get chased for this, but If I want to clean up my file, then you think it is worth an SAR. Who would I then contest it with? The CRA?? I am not sure I would even want to give CFO £600 to clear off the default either as they were so unreasonable and operated very badly when I dealt with them.

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