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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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HBOS Credit card debt advice sought,please


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Hi

To cut long story short,

had a debt around £15k with original lender who assigned the debt to a DCA last summer (2016).

 

DCA wrote chasing debt

- I replied stating that in my view (formed by reading loads of stuff on internet) debt was unenforceable.

DCA said would look into the matter

 

 

almost a year later,

has written saying they would not pursue legal action 'at this time' but would I get in touch to arrange repayment of the debt.

 

I am assuming (ha ha,always tell my kids never to assume anything) this is as close as DCA will come to admitting debt unenforceable (?)

 

 

what would be a sensible course of action to take in respect of their request for me to get in touch re repayment?

 

Most grateful for any advice and thanks in advance.

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It's up to you. It seems that the debt is unenforceable and so if that's the way you want to play it, I would not get in contact with them – but keep all the paperwork.

 

If you feel that despite the lack of legal enforceability, that you would like to pay it off or part of it off then you should contact them and negotiate a settlement.

 

Don't forget that even though it may be unenforceable at law, it will still remain on your credit file for six years. However, even if you arrange a settlement or clear it completely, it will still remain as a black mark on your credit file for six years

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Who is the OC and who is the DCA? Pointless cloak & daggers.

 

When did you take this agreement out?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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DCA's are NOT BAILIFFS

 

 

they have no such legal powers.

you should never be blindly paying them or thinking of doing so with proof of debt and paperwork ownership.

 

 

dx

 

 

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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tell us about the debt please

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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Had a similar situation that you helped me with

- I paid (MUG) Highbridge ,supposedly to take the debt off my hands once and for all,

 

 

then they went into liquidation

- pretty much a con really

- not long after

 

 

- after Highbridge had had the debt for 2 years or so

- Halifax took up the reins again.

 

 

At some point, probably after stream of letters from me, they got fed up and assigned debt to Cabot.

 

 

Now Cabot saying they do not intend to pursue legal action,

I see this as confirmation unenforceable, and would not, and in any event, am not able to, talk about repaying.

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ever sent a CCA request to cabot?

or just leave it be,.

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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Cabot dont chase enforceable debts. Get a CCA request off.

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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Theyre bottom feeders. They take debts nobody else will. Then harass peopel into paying, or if they think y ou wont reply or youre gullible, they try and get a judgement by default so it costs you a small fortune to set aside.

 

Remember, a very tiny percentage of all debtors even know the basics of what to do if a DCA starts contacting them. Cabot and the rest of them know this very well, and exploit it. Thats why a lot of them use borderline illegal tactics to get money from people, and many debtors are too scared to challenge them. When they do challenge, the DCA simply says " sorry, admin error".

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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Debt Buying is by far the biggest banking business ....

99% is fake debt

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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Did you ever hit Shallowfax with a reclaim for any charges/fees they added?

 

The fact they flogged this on should ring alarm bells, a sum of this amount is usually chased to the death by the banks own in-house collection arm, BOS-Blair Oliver & Snot.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Bazooka Boo - no,I didn't hit them for any charges/fees - looking thru my old bumf,it's hard to see where charges might have been added - just total sums owing etc. But thnx for reply.

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Also remember, when a debt is sold, the OC double dips. They write the debt off against tax/insurance and get a small payout for it, then get a payout from the buyer too. The buyer might pay maybe 10% of what the total debt is. Some DCA's might pay just 1% if its a total junk debt.

  • Confused 1

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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There sure is. And theres not much regulation surrounding it either. because the bodies that do regulate it seem to be very reluctant to do anything.

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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  • 8 months later...

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

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