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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • 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.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations 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.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...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   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). 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.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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Lowell Solicitors & j d Williams catalogue


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Hi, apologies if this has been asked before.

 

I have a debt with jd williams, i am not disputing the debt and am wanting to make arrangements to pay it off,

problem is, for some reason they have 3 separate accounts for me ( i dont know why) and they have been sent to debt collectors.

 

The debt was from 2009 so i understand it being sent to debt collectors, a guy from moorcroft has been to my home, hes really not pleasant

and i refused to talk to him,

 

i wrote to moorcroft and complained and asked for any further contact to be by letter, heard no more, now provident have written, offering a discount,

 

i was confused by it so have emailed jd williams directly, and they are getting me details of the 3 accounts and i have made it clear i intend to pay

and have explained how i ended up in this mess and they are being amicable, they have advised me that moorcroft is the agency they use

and have nothing to do with provident, and to ask provident for further details?...

 

am puzzled now?....

 

can i not just pay direct to jd williams

 

or will this be refused?

 

i dont like moorcroft and they are clearly ignoring me now,

 

since my complaint...

 

i really want to pay off my debt.

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if anyone is offering a discount

that means the vbalance is mostly unlawful charges

or

there are paperwork issues

 

eitherway, they'll go no where near a court.

 

so for that A/C you can safely ignore 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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well i wont be paying provident anything, and am gonna send jd williams a copy of the letter. I need to know who to pay its stupid. Can jd williams refuse a direct payment?

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pay no-one if someone is offering a discount

 

there is something wrong here

 

let them play their cards by LETTER ONLY..

 

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 am glad that jd williams are being amicable with me,

they have offered to recall the debt back to them and i can pay them direct, so thats a result,

 

they are keen to have any details of any debt collection agency whom is acting for them and not doing things properly,

 

i have given them my account of moorcroft,

 

i doubt much if anything will happen but its nice to be listened to.

 

As for provident hmm they want me to sign a new agreement with them?

 

i am going to look into this as that cant be right,

if they have the debt already and are asking for payments why should i have to sign a new agreement?

they sounded a bit wary when i rang and asked and as yet not heard from them.

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am concerned you are taking what these people say as correct without checking

 

i'd advise getting a copy of your CRA

 

if a debt does not show no debt exists.

 

as for provi

 

NO do not sign a new agreement.

 

and lastly

 

stop breaking the gold rule.....

 

NEVER EVER talk to a DCA or their cohorts on the phone!

 

you need a papertrail.

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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  • 1 year later...

I have a debt which was sold to Lowell, my son wants to pay this off for me by direct debit, there is a form on their website to set this up, but would they refuse it as the debtor name will be different to the payer? Would rather not speak with them if possible, but this is a genuine debt and would like it settled.

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hey woe slow down

 

you should NEVER EVER pay a DCA BLINDLY without checking a few things first!

 

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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but surely the amount is set with a direct debit, and the account is theirs now as they have bought it, so I cant pay the original creditor. can I not insist my bank only pay what I have said?

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which debt is this please

 

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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its a debt that was owed to jd Williams,

 

I had goods from them, and within a month or so, I had a melt down, was awaiting psychiatric diagnose,

unfortunately had an atos assessment- fit to work, which sent me into orbit,

became quite ill and under psychiatrist for 12 months on 1 to 1 treatment and therapy,

 

during all this the debt wasn't paid (along with others) I was living on reduced benefit due to appealing dwp stopping my benefit,

and was receiving £50 per week to live on.

 

As time went on, I moved home, to somewhere I could cope better, and the debts were all but forgotten,

but do haunt me, I feel guilt and worry about them.

 

Lowell have bought the debt at some point from jd Williams and are asking for the full amount, or a payment arrangement,

 

my son wants to help me with this, and either pay by D/D which I see from the other poster is not a good idea,

or by paying via debit card every month online as one off payment system,

where you can pay for another person, my account but his payment.

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no!

 

you are assuming too muxh here

 

as with your orher 2 debts with JDW

 

if anyone ever offers a discount there is SOMETHING WRONG

with the debt

 

you need to FIND IT.

 

i would SAR JDW

 

and get the full history of the debts.

 

dont pay anyone anything esp a DCA!!

 

you need to do this with ALL te debts you THINK you might owe

 

i'd also get a copy of your CRA file

 

see below.

 

ENSURE all the debts they say you have SHOW

 

if they dont

you need to be doing some SERIOUS investigations

 

never EVER take 'on spec' anything a DCA writes or says.

 

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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When was the last payment on the debt made, or acknowledgement in writing?

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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took the advice on here and contacted national debtline, and they are going to hep me and deal with this, and other debts, I have checked on cra and they are listed and genuine debts, that I do owe.

 

thanks everyone for your replies and the advice on the stickys.

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They may be genuine but it does not mean they are enforceable.

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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its all a mess to be honest,

a few debts re-surfacing,

 

I know they are genuine and have been acknowledged by me so there isn't much I can really do,

I cant afford much in payments and could offer a minimal repayment which is all I can do,

 

I have done the budget for national debtline, and its possible they may recommend a DRO,

 

have read all about this and it may be the best option. T

 

here are letters and phone calls from different agencies and its just too much.

I guess its either pay it off at a very small amount or DRO.

 

One is in my sons name but is my debt in theory as he ordered the items and I was to pay him but couldn't,

he had forgot about this and letters have been going to an old address, and now come to light.

 

He is going to settle that and help me with the latest Lowell that's on the CRA,

as for the rest its as I said,

thing is if Lowell are buying up debts I could end up owing to them for all of them, then it will be a big amount.

 

If Lowell buy more than one debt of mine will the two amounts merge one big one or stay as separate amounts?

 

I know all the advice is good here its just all this is too much and will make me ill again if I don't get something sorted out.

 

Post, calls and visits at the door, I cant bear it.

 

I cant get credit and I don't want it,

 

when I am feeling better I think I can handle it and pay it,

then I realise in reality I cant and when unwell just cant cope at all.

 

Its nobody elses fault that I have bipolar disorder and back when these debts were incurred I felt I could cope,

 

I now know differently and wouldn't take debt on if I had the chance to. It scares me.

 

Sorry for rambling.

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sorry but i doubt your 'assumption' that all the debts ARE GENUINE.

 

just because you have 'acked' them.

 

doesn't meant ALL the money they claim IS OWED BY YOU.

 

there could [ and WILL on the cat debts]

be loads of PENALTY charges.

 

you are NOT responsible for paying those...

 

unless NDL are going to get you to send off CCA requests and SAR's to get the FULL & TRUE picture

first

before you enter into a DRO, then IMHO thats wrong & poor advise.

 

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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penalty charges I don't have a clue, but I have heard of this,

 

NDL haven't given advice re DRO as yet, as I have only just completed a budget form to send them,

and they will look at it and discuss etc.

 

what is the best way to find out about penalty charges, will these have been for late or non payement? (sorry to be thick but I really have no clue) ...

even though these debts are from 2008/9,

 

I have spoken and been somewhat caught out I guess through my own ignorance,

and they know as I do that the debts have been acknowledged.

 

What is the best way forward please?

and thankyou for your patience.

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hey no sweat.

 

i just hate people getting fleeced.

 

sadly there are a series of HOOPS to jump through.

 

firstly

 

can you get your CRA file

see below.

 

then CHECK all your debts SHOW please.

 

next is to fire off a CCA request to ANY DCA that is chasing a debt.

 

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

 

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

you'll need to put a BLANK £1 POSTAL ORDER in with EACH CCA request

mark on the back of the PO for CCA PAYMENT ONLY

not to be taken off any aleged debt balance

 

**DO NOT SIGN THE CCA LETTER**

fire one off to EACH DCA for EACH DEBT they are chasing.

 

 

next...

 

your need to get aLL the statements together for EACH DEBT.

 

have you got any

[might be a good idea to sort through all the hundreds of letter you have :lol:

 

and put them in a folder for EACH DEBT.

 

ok?

 

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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wow....right ok..

 

.I have the noddle report but had a prolem with Equifax website trying to get into the account,

 

I must have had one previously and with an old email etc so have to ring them it says on page,

 

Experian say I have already had the free offer ( this must have been a while back )

however I will, for now, tackle the ones most pestering,

Lowell, which is on CRA, and work through from there........

 

thankyou....I feel much better now that I have a plan,

 

Just one more thing, so ..if which is likely from what you say, there has been added charges for penalty reasons, they cant make me pay them?

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