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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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Santander - Irresponsible lending


Matthew31
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I'm just wondering if this is in breach of responsible lending rules and if I could do anything about it.

 

Years ago I realised I had a bit of a gambling problem and when having a slip what would happen is I would lose all of my money, then keep extending my overdraft to the maximum chasing the loss until everything had gone.

 

Around 2 or 3 years ago I told Santander about this gambling problem and made it clear to them I wanted no overdraft facility on my account whatsoever. At the time they told me that overdraft facility had been removed from my account. I tried to create a £50 overdraft in my online banking and sure enough I couldn't.

 

Several months later I had a huge gambling slip and when I emptied my bank, I tried to see if I could create an overdraft in my online banking account and sure enough, I created a £500 overdraft and lost the lot.

 

I made requests several times again to stop any overdraft facility on my account, but they never helped with this.

 

Last year was horrid. In January they let me extend my overdraft to £2000 (Which was ridiculous considering I was only earning £420 a month carers allowance and income support). I had a huge slip when mum died and lost everything in my bank and the entire £2000 of my overdraft.

 

Towards the end of last year and start of this year, 2 more slips where I was allowed to create overdraft amounts of around £1000 where I had to sell my Santander shares to clear the overdraft.

 

 

Then this year. I made a complaint with them about this, yet it was vastly ignored. I got a complaint response in a letter but again they said nothing apart from every few months they review overdraft facilities on peoples accounts and set the maximum overdraft limit.

 

2 months ago after doing so well I had another slip, I was allowed to extend my overdraft to £600 and again lost the lot gambling.

 

Then now in the last 2 weeks, just as I managed to clear my overdraft (After paying £1 a day in charges for the last 2 months), I had a slip. I only had about £80 in my bank, but Santander allowed me to extend my overdraft to £700 and I lost the lot trying to chase back that £80 I lost.

 

 

The thing is, Santander have been fully aware of my gambling problem. I can safeguard myself by leaving minimal money in my bank (withdrawing as much as possible to store at home), but the overdraft facility is something they won't stop for good on my account.

 

In fact, every single time I have increased my overdraft limit or created an overdraft, it has been lost gambling online right after. I have never once increased or created an overdraft for any other purpose.

 

Thanks

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As I can't edit, I will post something else I had to add.

 

Now in no way am I blaming the bank for my own actions of what I did. The complaint about them really is more to do with them being fully aware of my gambling problems, how during a slip I end up creating/extending my overdraft, losing the lot and putting myself in debt (as well as incurring £1 a day in bank charges), yet they will not remove the authorised overdraft facility permanently from my account.

 

Furthermore they have allowed me in February 2016 to extend my overdraft to £2000 (which seems like an irresponsible amount to allow me to access, based on my income at that time as well as knowing about my problems with gambling and wanting the overdraft facility removed prior to that).

 

Looking at the secure message inbox I first contacted them in 2011 and told them about my gambling problem. At that time I wanted my debit card downgraded to a cash only card. Their staff were useless with 1 telling me they have removed the ability for my debit card to make online transactions (I tested this by making a low value purchase online which went through) and finally, another telling me they need to cancel the card and assign me with a cash only card.

 

I then contacted them many times including in 2014 and the start of this year specifically about getting the authorised overdraft facility removed from my account permanently because I realised at some casinos I could pay by PayPal (could do a direct transfer to my paypal account from online banking page and deposit that way). Which resulted in being told it's been removed (when it wasn't), that they review the facility every few months or I can remove it myself by setting overdraft amount to 0 (Which doesn't remove the facility as I can extend my overdraft again right after)

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