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    • 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.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
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been with Payplan for 10yrs...


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Good Morning

 

I have a slight problem

i entered a Debt management plan with pay plan in January 2008

all my creditors have been paid since joining and my credit file entries relating to the said debts have been wiped due to the 6 Year time scale, BAR one Marbles Credit card which during its journey has gone to many agencies

 

please see below:

 

mar bl e s ================ 22/01/2008

H F C 8888888888888888 22/01/2008

New Day (formerly S AV Credit) 8888888888888888 28/02/2009

Cap Quest Group Limited 888888 07/12/2012

Cap Quest Group Limited 888888 11/12/2012

Cap Quest Group Limited 888888888 12/12/2012

NCO Europe Ltd 888888888804/12/2017

 

 

The problem i am having this account is still showing live on my experian credit file even though i am pretty certain this went default in 2008 when all the other debts went default?

 

They are paid the same time every month on the 14th as i pay pay plan on the 12th of every month,

but they keep putting me down as late payments as they say the account is live and revolving and the terms are 30 day payments? so the payment date with NCO changes every month

 

i had this problem with cap quest last year with the same account and it took me ages to resolve and they did amend my credit file eventually , but the have now transferred it to NCO after i complained ( funny that) and the same problem has started again.

 

i think the best option is to try and find the default date so i can get this wiped off my credit file

after speaking to Marbles they only have information that my account was transferred to Cap quest in November 2012 ( even tough they account went into arrears before 2008) and any records before that have been archived.

 

Any help to rectify this would greatly be received and thank you for taking time to read and maybe helping

 

Mr frustrated

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send them an sar.

it will be in the comms log.

HFC will have defaulted you 100%

 

shame you blindly paid all these debts off

and didn't once sent a CCA request?

 

as for NCO they are capquest! all part of the larger Arrows group

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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Thanks for the reply i entered a DMP with Payplan and that is why i pay them every month and to be honest i am not bothered by that as i did owe the money!!

 

The annoying thing is the underhand tactics with Capquest

this the second time they have posted late payments against my credit file,

i managed to get the first lot removed and then they passed my account to NCO and i cannot get any joy from anyone?

 

i am looking to get a mortgage so need this cleared up as my credit rating was 999 with experian until NCO took over my account and now have 2 late payment markers against it now.

 

Do i send the sar to Marbles or Capquest please? dx100uk

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NCO are capquest.

stop ringing people esp fleecing DCA's they are NOT bailiffs

and have zero legal powers

 

and dump the morality card too..

ask yourself this question...

why would numerous original creditors sell your accounts to DCA's for 10p=£1

when they could have quite easily crushed you in court...

 

sar always goes to the OC [HFC]

their address is in the sticky on HFC forum homepage

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 get you and yes i am begin to think i was naive,

 

answer me one question

why would a recognised charity IE Payplan advise me to enter an agreement with all these other creditors/ DCAs if there was another way around it?

 

i wish i had known you before as i would happily gone down your route at the time and still would tell them to do one if there was recourse?

I really appreciate your time thank you.

 

Sorry i want to get this right is this the correct address

 

HSBC Bank plc

CCA & sa r Department

PO Box 5055

Coventry

CV3 9EF

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i get you and yes i am begin to think i was naive, answer me one question why would a recognised charity IE Payplan advise me to enter an agreement with all these other creditors/ DCAs if there was another way around it?

 

Because they like to take the path of least resistance, sending letters to confirm they have the legal right to demand money isn't what they do.

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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Now i take it that i am stuck in paying them untill all paid off

i still owe 14k in total or do i stop paying them ?

is the address for HFC the correct one above?

 

Also i see there are 24 people looking at this thread

maybe people might take notice if they are think what to do and sign up for info

 

i will also donate to help out guys

 

thanks for the info

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send cabot a CCA request

 

address is ok

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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You STILL owe 14K!!!!!!

 

Now what does that tell you? You've been paying them for over ten years and you still owe a small fortune!

 

Sounds like they're still adding interest and fees?

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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which they cant...

opps the cash cow story is getting worse...

 

bet the loan was 99% PPI and life insurance anyway...

all can be reclaimed!!

and all their penalty fees.

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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sorry guys the 14k is all my creditors under my Pay plan agreement which runs till 2020 it was over 50k,

 

the balances on this account is £1400 to which i make payments on time every month

but Capquest/ NCO keep moving the payment date because they state that it is an open credit account that has not defaulted ??

 

and my credit file is being penalized with late payments

 

see original above post

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well don't stop yet eh?

let capquest fail the CCA request first!

 

so time to send EVERYONE you pay thru PP a CCA request bar mobile or bank account debts

 

how about you list your debts!

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

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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all my debts paid monthly with amounts paid by Paypal.

 

I want to do this and cannot believe i have stumbled across this site

what do i do next and can i claim back any monies i have paid since being in a DMP,

 

the only debt on my credit file is one of the NCO accounts

the only reservation i have doing this is i need to apply for a mortgage soon and need to bear that in mind ..

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looks like 99% cash cowing to me

sadly no you cant claim the payments back from the DCA's

but you can reclaim from the org creditors PPI penalty fees etc

 

within 2 weeks I bet 90% of this will be unenforceable.

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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get those cca's off. Pretty much all the debts you owe. 99% of them will be Unenforceable.

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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no good we cant log in which we shouldn't nor want to be able to anyway on a anon forum.:lol:

 

list your debts please

 

original creditor

who you pay now

what type of credit

when you took it out

what is the defaulted date from your credit file.

amount still owing

 

ive hidden that upload too

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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lets see the full list 1st please

then we'll advise

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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thread retitled and moved to DMP forum

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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Here you go all defaulted 2008 and dont show on my credit file except Marbles credit card

 

Abbey National overdraft

held by Cabot Financial (Europe) Ltd

amount owed £1,866.57

 

Egg credit card

Cabot Financial (Europe) Ltd

owed

£2,279.13

Barclay Credit card

Cabot Financial (Europe) Ltd

£1,003.74

 

Le radoute catalogue

Debt Managers Ltd

£167.65

 

EON Energy

Fredrickson International Ltd

£255.62

 

GMAC UK PLC

GMAC UK PLC dealing

£81.32

 

Next Retail Ltd

Hoist Finance

£409.93

 

Egg Prudential loan

Link Financial Ltd

£2,431.29

 

MBNA International Ltd credit card

Link Financial Ltd

£2,451.11

 

MBNA International Ltd credit card partners

Link Financial Ltd

£1,317.41

 

Lloyds TSB Plc - Black Horse HP

Lloyds TSB Plc - Black Horse dealing

£352.67

 

Marbles Credit card

NCO Europe Ltd

£1,309.66

 

Sainsburys credit card

NCO Europe Ltd

£1,309.66

Capital One (Europe) Plc credit card

NCO Europe Ltd

£770.45

 

Tesco credit card

Paragon Personal Finance Ltd

£2,065.48

 

Thats all of them hope this helps and await which ones to send letters

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CCA everyone of 'em bar the abbey OD

 

they have 12+2 working days then you can safely stop payments

PP wont like that.

so comeback then

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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Just a quick question regarding the marbles credit card that is the only account still showing on credit file,

 

i am confident it has defaulted around 2008

 

do i need to send a SAR to marbles aka HFC or do i send a CCA to the DCA who is holding the account according to my Credit file?

 

this is the only account than can effect my credit file so want to thread carefully here.

 

if they cannot find the Credit agreement ( Capquest) do i demand that they take the entry of my credit file?

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