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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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Unplanned Overdraft.


ugo2slo
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I would like anyone with knowledge in banking to tell me who was wrong.

 

On 22nd November 2013 i sent money by western union online using my debit card.

I sent £400 and with the fee it came to £450.

 

After waiting 2 hours for authorization, the MTCN was emailed to me confirming it went through and the £400 was picked up in Sweden.

 

WU only give a MTCN when the cash has been paid to them so the transaction was like all the others I had sent previously.

I had £520 in my current account and the £450 had been held back leaving £70 that I could use.

There was no way I could use the £450 so as far as I was concerned the transaction was over when it was picked up in Sweden.

 

I continued using my account as usual an after a accident at work I went on incapacity benefit as I was self employed on December 3rd 2013.

 

On 13th December 2013 I tried to take out £50 from the ATM machine and was denied.

I called Natwest and was told I was overdrawn by £314.

 

I asked why and was told WU tried to take the £450 that day and it was not all in there so I went OD.

I argued that it was not possible as the transaction was over on 22nd November when the money was held and paid out so they must be charging me again.

 

She said I used the £450 before they could take it.

I don't have any overdraft facility and can guarantee that in all the time I have tried to withdrawal cash or transfer it,

if it was not in there I could not take it out Even if I tried take out £20 and only had £19.99 it would not give it.

So I want to ask if I was wrong or if Natwest are wrong??

 

I only bring it up now because at the time I was told I could open repayment account paying £10

every two weeks from benefit and if I made all payments on time it would not affect my credit. I have asked for DD or credit card many times since 2013 and always denied.

 

i got my credit report last month and yep Natwest reported it and also have me paying late 6 months in a row.

The repayment account was paid in Feb 2015 yet it wont be taken off my report

 

I have 2 current accounts on there both showing 6 months late paying £10.

Yet a letter I asked them to write say they are reporting correctly and wont change anything.

 

SHOULD I ASK FOS FOR HELP????

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you'v been sc@mmed

 

go report it to actionfraud

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 now have your own thread ugo2slo..please continue to post here.

 

Regards

 

Andy

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Card transactions are not processed in realtime. You said that after the Western Union payment you were expecting to be left with £70. It sounds as though you've spent more than £70 (before the £450 was processed) and that mistake is on you.

 

You may be able to make a complaint to the bank about being mis-advised about the impacts of a repayment arrangement on your credit report. You wouldn't be able to escalate anything to the FOS until you've complained to the bank and given them the opportunity to investigate.

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Thank you Andy.

 

Because WU held the £450 there was no way I could touch it.

I have gone through all statements from 2013-2014 and the plot even widens.

If there was a way to post statement here I would do it.

 

even though I sent the £450 on 22nd and it was paid out on 22nd, only the £50 sending fee was taken out on 22nd and on 29th the £400 was taken. Which means it was taken in 2 transactions then on 13 December the £450 was taken out but I did not go overdrawn.

It was all the transactions done that day that were put down as OD leaving me at £314 OD.

 

I don't think after seeing that, that I have to ask for advice here as it is clear I have been robbed then also reported on credit for the past 5 years. I had better seek legal advice on this.

 

@StJane;

 

Errr...No I had £520 and after sending the £450

I checked balance and only had £70 to spend.

 

And trust me..

...when cash is sent by WU online, they do not pay out until they are guaranteed they have the cash.

 

I have looked through statements and found I was charged 3 times instead of the 1.

I have no idea why.

 

I have asked Natwest to change it many times they fob me off.

now I have proof of being charged 3 times I can seek action and hopefully compensation

Edited by dx100uk
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  • 1 month later...

Sorry i have not updated what is happening with this case.

I thank you all for your advice or comment.

 

I had to go through a long process with Western Union in getting the transaction from 1st November 2013 to 1st July 2014 that I asked for because I found 2 more errors with sending by WU and it leaving my current account at separate times instead of once.

I did not notice the other 2 because they did not put me overdrawn.

A financial expert is looking at it all to make sure I have a solid case.

 

I cannot really comment about it to much as it may be fraud in the bank or in wu.

I can only say if any of you have used western union around 2013 to 2014 you may want to check how payment went out.

If you find a debit card charge made in 2 or 3 payments then you may be in the same boat as me.

Edited by dx100uk
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