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    • If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
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    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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Cabot and First Direct account


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I have a bit of an awkward situation that I can't see anywhere else.

 

I had amassed some debt and in November 2015.

 

I contacted a debt charity at 4am by email and they locked into action immediately and helped me.

By 14 December 2015 an IVA had been agreed between the financial company and creditors and now paying that without having missed any payments.

 

However, in the November, whilst my IVA was being set up, I was advised to move my bank account from Santander as they would likely lock my account upon receiving this email IVA request notice.

 

I moved my account in November 2015 to First Direct.

 

The account they provided me with was a Credit Account with a £500 overdraft and I applied online with no prompt to read any T&C's that I can remember and no paperwork received with the exception of my bank card and it's pin.

 

In the first couple of months I had planned with my financial advisor handling my IVA what debts to include.

To help reduce the IVA amount, I used most of the £500 overdraft on the First Direct account to clear one of the debts and then I would work the overdraft down over time.

 

Out of the blue, and with therefore no notice, I received a letter from First Direct in March 2016 stating that they would close my account because I was in an IVA and this breached their current account rules and that they would close it in May 2016, giving me 2 months notice.

 

I rang First Direct immediately upon receiving the letter and was essentially told to pay back the overdraft before the account closed and that was my only choice.

 

In May 2016 I rang First Direct again and explained I was still in IVA as they know so couldn't pay off my overdraft in one go like that and had planned to work it down over time that had now been taken away from me at their choice.

 

I was told that they would send me a form once my account closes to complete to set up a repayment plan that would be affordable to me and take into consideration my IVA. This is where my problems began to escalate.

 

I never received any form from First Direct.

I emailed them to ask for it in June and July 2016.

 

received responses stating they couldn't discuss my account unless I rung them, which I was suspicious about as surely they must contact on the method I request? I managed to go out of my way and visit a HSBC some miles away and ring them.

They agreed to send me the form that they hadn't sent previously.

I then waited some weeks and received no form again.

 

Instead, some weeks later I received a letter with a debt collection agency header on it asking for £512 that I now owed.

I replied by email, copying in First Direct, explaining that I was still awaiting the repayment form and then never received a response from First Direct nor the Debt Collection Agency.

 

Some weeks later I again got a letter from the Debt Collection Agency, again replied by email copying in First Direct and attaching my previous email and again never got a reply.

 

A couple of months later I then received a letter with a different Debt Collection Agency header.

Again I replied with the same email, attaching previous emails and copying in First Direct, and again I received no reply from anyone.

 

I then sent an email to First Direct a few times over the next few months asking for the form and kept getting the same response as before, that they cannot discuss my account.

 

In mid April 2018 I received a letter from Cabot Financial asking for repayment of the £512 for the HSBC debt and that they had bought the debt in August 2017 but weirdly apologised for taking until now to write to me about it?!

 

A day later I received a letter with HSBC header dated BEFORE the Cabot letter chasing repayment for £512 debt.

 

a couple of days later I received another letter dated AFTER the Cabot letter from HSBC saying they had now sold the debt to Cabot and to now deal with Cabot on it.

 

This all seemed very odd to receive these 3 letter within a few days, seemingly contradicting each other and confusing,

one claiming Cabot had purchased the debt in August 2017 and

one with HSBC dated before the Cabot letter asking me to repay them (and not Cabot).

 

I have replied by email to Cabot and asked for no email or telephone contact and no visits to my home and that I would only correspond in writing and that I would write to them in time on this.

 

I'm now in a position where I am looking for above on what to next.

 

Any help would be much appreciated!

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moved to the hsbc forum

 

I wouldn't worry about the letters dates and funny stuff

means nothing.

 

for now i'd not respond

lets see what they do next.

 

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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