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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • 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.   House or Flat? 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. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. 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. Again, points as above. 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) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. 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. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. 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. Redact and scan said evidence up for others to look at? 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. So this is dealt with then. 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.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. 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. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. 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. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. 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.  
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HSBC-metropolitan-hillesden-DLC-mercantile- now cabot


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Quick question.

 

If you have already had a bad debt (sorry minds gone blank on the word) on your credit file for 5 years on a debit (the 5 years is now over)

and the creditor can't find ur CCA agreement and you moved home.

 

Forgot to inform the creditor and

 

a letter from a different creditor (11of them) turns up on your door step.

 

(10 statements and one letter to say I've failed to inform them).

 

Can they issue a CCJ against my file on the same debt?

 

Also do I have to inform them I now do live at this address.

 

They asked me to contact them without further delay to confirm

 

how I propose to lay off my outstanding balance (like that's going to happen)

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If you dont inform them and they get a ccj then it is much harder to get a set aside because the claom was served at the last known good address.

 

Also cag doesnt condone debt avoidance. Can you give some background on this debt.

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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Hi. Some advise please if you can. Long story short.

 

I had a debt with HSBC (2004)

 

I defaulted and had a red tick debt on my account for 5 years (sorry my mind has gone blank and I can't think off the word)

Went to credit collectors.

I was paying monthly.

 

Suddenly out the blue I get a voicemail on phone(2008) from another creditor saying I owe them the debt.

 

I seeked advise on the consumer forum.

 

Wrote a letter to the 'new' debt collector agency asking for my CCA.

They can't find it....

Being getting statements ever since.

 

I moved home earlier this year

advised all my creditors but

forgot about the DLC as I only get a yearly statement.

 

Today I came home to 11 letters from DLC 10 statement pages and

one letter saying I've failed to inform them of my new address.

 

I must confirm this is my new address and

 

how I wish to proceed to pay the balance (yeah right -they can't find my original CCA I'm currently not paying).

 

Do I have to write back to them?

 

If I do does it show that I agree the debt is mine?

 

Can they get a CCJ on my old address on the same debt?

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Hi

not since Jan 2008.

 

When the new company voicemailed me.

as I was not sure who they were and was worried if I start paying them I could then get letters from the other company too.

 

I sent them a letter (after finding the CAG) to ask for my original CCA

and they are still looking for it.

 

I've not paid them anything since.

 

They even tried to send me a standard letter by recorded delivery to get my signature.

 

Luckily I was soon hung over the day the post man came that my BF signed for it.

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Took out loan back in 2001.

Had trouble paying it back.

2004 Defaulted.

Set up a payment agreement which was with a creditor.

Was paying back each month.

 

2008 different creditor calls me out the blue.

Since original debt 2004 I've moved 4 times.

 

Creditors/HSBC

Can't find my original CCA

Edited by dx100uk
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Ignore them. It will be sb in a month so theyre doing evertything possible to get you to pay or admit 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

:D

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You arent obliged to tell them that you moved. However as already advised, if they were to obtain a CCJ at the old address, then they would have served the papers correctly and unless you had another good reason for a set aside, incorrect service could not be one of them.

 

Was there any PPI on this loan or maybe charges that could reduce it.

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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  • 1 month later...
  • 2 months later...

Long story shorty.

Got into debt, HSBC sold loan to metropolitan I was paying them with out any issues,

suddenly I get a call from hillesden demanding money and my debt is with them.

 

I contacted consumer forum, was advise to get copy of credit agreement gone through all the letters etc..(this was 2009).

Accounts on hold until they find my original copy of credit agreement.

 

My account has since been sold to DLC- mercantile back to DLC-and

 

today back to mercantile who now asked me for to complete a customer affordability statement.

Shall I just sit back and do nothing?

Edited by dx100uk
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They did not sell the debt to Metropolitan. Metropolitan are part of the HSBC group - their inhouse collection agents.

 

Have you actually received from Hillsden group a Notice of Assignment ?

 

If there was already an agreement for a reduced payment plan in place with HSBC/Met Collect then Hillsden are obliged to continue with that plan.

 

Have a read of the following.

 

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

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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Thanks.

I'm going back 5years now so all I can remember is that they wanted more for my monthly payments.

I started a thread on this site but it be 5 years ago and on an old email address.

 

All I've was receiving from hillesden was a letter to say they are following up my request for original documentation with HSBC, my accounts on hold and further action been suspended in anticipation of receiving the doc required.

 

I Was getting this (or a letter as similar, from February 2009 until nov 2010) then DLC letters March 2011, then hillesden letter may and June 2011.

 

Then DLC sept 2011,

mercantile dec 2011 (settlement letter£694 to pay off £2776 ) DLC March 2012,

DLC statement Acc dec2012, dec 2013,jan 2014, 20 February

14april 14- letter advising my accounts going to mercantile mercantile may 14

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  • 4 years later...

Long story short.

HSBC loan 2001

-went into repayment with debt collector 2005

-get call from a different debt collector collector 2007

- I question the debt and contact CAG

-asked for original application signed by me

- account went to statute barred.

Not heard a thing for around 6 + years.

 

Today letter from Cabot/ruthbridge saying we have not come to a mutual agreement.

Never heard of them in the past.

My account as far as I’m aware is status barred.

Am I right?

Edited by dx100uk
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4 threads merged for complete history

 

the debt is now statute barred

 

send then our statute barred letter from the debt collection section of our library

 

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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well under the new FCA conc rules they should then crease all comms

if you've not officially written informing them of your correct address then even if its SB theres nothing to stop them getting a CCJ using an old address.

 

the days of ignoring debt and then hoping it gets to SB ended years ago.

unless they are told its statute barred

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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