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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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      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.

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Hi there,

 

I've sifted through a few threads trying to get a jist of what to do.

Quite a bit of info,

I'm hoping someone can help me with my issues

 

Done a credit report and I've currently 5 defaulted accounts and 1 arrangement

 

NatWest credit card

- defaulted balance £984 with a current balance of £785.

This debt is paid DD £20p/m directly to Natwest,

I've ignored ALL letters from Wescot who manage my account on behalf of NatWest.

 

 

NW have just written to me this week informing that my account has been assigned to Cabot Financial,

to cease my payments to NW and make future payments to Wescot for the foreseeable

- Thoughts/ advice on what to do at all?

 

Aquacard

- Account in arrangement with CapQuest to pay £5p/m, current balance is £1,200.

This doesn't show as a default on my credit file.

Notes that its in arrangement

 

Vanquis

- account is defaulted with Hoist Portfolio Ltd

- this was forwarded to Robinson Way and I currently pay £10p/m with them

Current balance £320 defaulted balance was £859 (Dec 2018 6yrs expires)

 

JD Williams

- Held with Lowell managed with Fredrickson paying £5p/m. £919 defaulted balance, current balance £504 (Nov 2017 6yrs expires)

 

BT

- Debt was passed to Past Due, then Capital Resolve, then Freds.

I paid Capital Resolve the debt of £91.05

Freds have this as balance owing when I checked online with them

Lowell have a default recorded with the account type being Communications Supplier,

default balance £72, august 2015 which I think is the original BT debt

 

Oxendales - Default recorded with Lowell, managed and arranged payment with Freds of £5p/m

 

I have just at the moment cancelled all standing orders & DD's, just want to get some clarity on what to do with them

 

Thanks

Shelly

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bar the old BT debt

[shame you got sca.mmed by PastDue into paying it

that went straight in his pocket and he ran, that's why it still shows as outstanding.]

 

the rest all need a CCA request sent to whom you were paying or whom is the owner of it now

 

great idea to cancel all payments!

 

well done

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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most of the smaller dca's arent licenced with the FCA as deposit takers

 

 

if you pay them and they dont pay the original creditor you still owe the money.

 

 

DcA's are like estate agents,

they dont own anything

they are selling and you dont have a contract with them.

 

As for the expiry date given,

they are just when the debt should drop off your file,

not a date when the debt is expunged.

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Thanks,

 

RE; Paying PastDue, yeah I realise that now - wished I'd known before. They really do scare you into paying up (tactics and wording used on the letters they send you)

 

Great to know, had no idea in regards to the DCA's

 

I'll def get the CCA Request sent out to them all...

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you forgot the golden rule of CAG...

 

 

a DCA IS NOT A BAILIFF

and have

NO SUCH LEGAL POWERS

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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Share on other sites

Five CCA requests sent out yesterday...what's the tactic of the DCA's/ expected response/ next stage?

 

You will have to see. They won't have copies of the CCA's on their files, so will have to contact the orginal creditors. For a CCA taken out after April 2007, they don't need a copy of the original. They can supply a generic CCA doc that was issued at the time.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

you need to be reading up on how these things work.

 

find proof that aqua did default you

demand capquest remove the entry if the default is older than 6yrs.

SB is 6yrs no payment

nothing to do with the defaulted or not date

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 month later...

The longer the gap between debt collection and when the accounts were taken out originally, the more difficult it becomes.

As long as the CCA's were issued pre April 2007, then debt enforcement is difficult, as the original CCA is needed, if a court claim is defended.

 

No CCA request compliance means no payments, which they realise.

They will struggle to get hold of them.

You may never get a reply or it will be months later.

Your debts may just be passed on.

If they threaten, advise them that a CCA request made on x date to x has not been complied with.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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  • 1 year later...

None of my CCA's were ever provided

 

I've now had the Vanquis/Hoist Portfolio, JDWilliams & Oxendales/Lowell's accounts drop off my credit file

 

A SAR is currently in progress with NatWest for the MasterCard account defaulted with them in 2016. I receive regular texts and letters from Cabot requesting me to get in touch. A CCA request was sent, they replied and its never been received.

 

My issue is with CapQuest and an old Aqua card account taken out with them (RBS Bank in 2006). I cannot find a copy of the default notice from Aqua, (I definitely received one) and it no longer shows up on my credit file. CQ has not come forward with my CCA request, when I disputed the entry with Experian CQ lied and said they supplied me with it.

 

I defaulted on the AQ around 2011 I used to pay them an agreed £5 p/m until CQ took it over in 2014 (looking at bank statements) and I paid them £5 p/m via SO up until 2017 - as per the start of this thread

 

Aquacard - now New Day haven't responded to my SAR. I sent this Oct 2018. The 40 days is up

 

CQ - wrote to me saying my account is now being managed by NCO Europe. And are now registering -number of months late payment on my CF

 

Any suggestions on where to go from her regarding CQ?

 

Thanks

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  • 2 weeks later...

NatWest SAR received today (electronic PDF file) they've provided nothing at all in regards to; when the account defaulted, payment agreements I had with NatWest directly from 1st default, when passed to DCA, what DCA etc, etc. Basically all the info I exactly wanted for the MasterCard.

 

I thought with SAR's as it states, more than once that you're requesting everything that they have in relation to X Account (?)

 

Obviously will go back requesting the missing information

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