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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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lowell claimform - old LLoyds loan/Fast Track***Settlement Agreed***


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I received a Letter of Claim from Lowells today and now my heart is racing and a sense of panic is setting in.

 

Particulars of debt:

 

On 22/6/2009 you entered into an agreement for Lloyds account.

 

You failed to make payment in accordance with the terms of the agreement and it was later terminated and subsequently assigned to our client by Lloyds Bank PLC on the 24/11/2015.

 

Notice of the assignment has been previously been given to you

and you may request a copy of the agreement on the enclosed reply form

 

you are required to make payment of the of the sum outstanding £11931 within the next 30 days.

 

Please advise as i certainly do not have that type of monies available..

 

Silly silly me for stopping my repayments

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Surely whether there is a claim or not ,

it is now statute barred ,

 

not sure whether the statue barred letter or the prove it letter would be the best in the first instance ,

 

someone will be along with more up to day experience than I to advise shortly.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thank you Lulu

 

I have checked my credit score history and experian history and nothing is showing on these..

 

Sorry if asking a silly question but is Lloyds chasing the debt or it is Lowells themselves?

 

I have completed the reply form as per another thread on here requesting further information and disputing the debt as they have not provided me with any agreements etc,

 

I am just about to write a CCA request also,

 

is this advisable?

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Hi Ford, yes I received the form and have completed as per sample on thread pap requesting required information, as per Lulu suggestion would I be able to claim statue barred and complete that template? It is all very confusing.Thank you in advance

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Thread moved to Debt Collection Agencies Forum......please continue to post here to your thread.

 

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Andy

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Hi Ford, yes I received the form and have completed as per sample on thread pap requesting required information, as per Lulu suggestion would I be able to claim statue barred and complete that template? It is all very confusing.Thank you in advance

depends on the circumstances, as fkofilee asked post up here further info about the alleged account, last payment date, when defaulted, etc.

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account OPENED in 2009 so SB date will depend upon when the debt was last acknowledged or payment made.

 

Now banks like to stretch this out by not defaulting soon after the payment date is missed but know that if they leave it too late them not issuing a default notive will go against them anyway.

 

Your credit files my mean that the debt has dropped off so it is SB

and Lowells know this but hope that they might get you to agree to pay them somehting t make this go away.

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is this a bank account?

if so you cant CCA

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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that is why it is not on your credit files.

 

As last payemnt was 2014 then it wont be SB until 2020.

 

Now, what was the original debt,

how much was owed when defaulted,

how much had you paid off with arrangement

and what is the balance now supposed to be according to lowells?

 

Does this tally with all your other records/payments ?

I bet it doesnt so get your figures worked out.

 

I had a debt management plan that I stopped paying in Sept 2014, they were paying Lloyds £5.00 per month
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The loan was with Lloyd for the £11k,

unsecured

it is saying that I owe this amount still,

 

I since have found out that Immediate finance was only paying them £5 per month,

 

I have completed the reply form

do I need to complete any other letters etc before I send the form back

 

Loan was taken out in 2009 unsecured loan

Immediate finance paid back £5 per month for 2 years

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no just do as post 6 of that thread in post 5 here

 

get an sar running to IF

there will be an F&F pot to reclaim

I bet.

 

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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I have completed the reply form

do I need to complete any other letters etc before I send the form back

 

just a general double check. don't do any of a claimants personalised forms. only do the standard pap one as posted.

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  • 2 months later...

load of bogroll really

where's the signed agreement?

no T&C's

no default notice.

 

going by the paperwork it says not cancellable

so you signed the agreement at the bank?

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 that's obv not yours then

its a reconstruction

which they don't say so anywhere

 

as we know a signed agreement exists

i'd say that doesn't meet the requirements of the CCA

 

and most certainly couldn't be enforced in court with what they've produced so far.

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

no!

 

they've seen £11k and chanced their arm.

 

you need to get reading up about lowells and p'haps start remembering a bit more about the history of this loan..

you said you got sc@mmed into that fee paying DMC

 

have you sent that SAR off to them.

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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no read post 15

 

scan up those T&C's please

full pages and CLEARLY

the little numbers around the edge will be key here

 

but make SURE you remove any account numbers AND your name and address that will be on page 1 of them somewhere.

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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