Jump to content


  • Tweets

  • Posts

    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • 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 ?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2094 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all.

I am completely new here and just looking for some advice please.

 

I bought a house in 2015 with no issues all went through with no problems.

I went to view a new house on Sunday and approached a mortgage advisor who was going to go through our finances etc and see affordability for the new place, financially i knew it wouldnt be an issue.

 

The advisor contacted me today to advise that I have an active CCJ on my account from 2014.

And that due to this he couldn’t get us the mortgage that we needed.

 

I download my credit report and there is a CCJ which I have never seen.

My credit score is in the excellent category so I never had any idea that anything was wrong,

I’ve never been refused credit in the time since it has been issued.

 

I contacted the court who issued it today and they advised the company who lodged the case,

I called them as I was already in a payment plan with them months before the date of the CCJ being filed.

They have advised that I can settle the balance and the CCJ will show as satisfied which is better than active.

 

Does anyone know if It’s too late to dispute the CCJ after 4 years of it being on file as I was making regular monthly payments to the student loan company before it was actually issued I did receive papers asking if I agreed to the amount owed and I stated that I did and was already in agreement to pay it back,

 

i then received a letter advising to continue with the arrangement

- no mention of a CCJ being issued.

 

If I pay the CCJ and it shows as satisfied does this make my chances any better of securing a better mortgage or is it a lost cause now.

 

Thanks for taking the time to read.

Ps sorry if I’ve done this wrong or it’s posted in the wrong section .

 

Nelly

Edited by dx100uk
spacing
Link to post
Share on other sites

Welcome to CAG Nelly

 

Short answer is yes - A set aside should be done quite quickly when the CCJ Order is made. 4 years is too long... Although... I wonder where the CCJ is from...

Does your CRA have a CCJ Ref on it?

 

Id ring the HMCTS to ask which company it was that made this order.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Hi Fkofilee

 

Thank you for replying to me.

I had replied a big message and it hasn’t posted ��.

 

It was the student awards agency who issued it.

I was in a repayment plan with them from August 2014 and the CCJ was issued in Nov 2014.

 

I spoke with saas today who advised less than £2000 is outstanding now which I can settle.

I’m just wondering if it will make any difference in file settling it after 4 years and not when it was issued.

 

I thought it might be far too late to challenge the CCJ.

I spoke with the court who issued it this afternoon and explained I had already arranged a payment plan direct before the order was issued, she said she would look into it and get back to me.

 

Nelly

Edited by dx100uk
spacing
Link to post
Share on other sites

Only time it is worth doing that is if the firm agree for the CCJ to removed... Sometimes they can do that.. But is very rare...

And thats NOT getting it satisfied. What it means is paying in full and the claimant agreeing for it to be removed... Youd need to get this in writing.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

SAAS is Scotland, aare you or were you resident inscotland at that time.wonder why its a CCJ not a Scottish decree.

 

a satisfied CCJ typically makes no odds

but as this is not [are aLL your old addresses showing on your credit file?] on you credit file

speak with the advisor and ask if this was to be shown as satisfied would he then allow the mortgage..

 

rare for SLC to go for a CCJ,

are you sure it was them not a DCA like LINK or someone?

 

have you got a copy of the claimform and the CCJ, which court did you speak too, Northants Bulk??

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... 

Link to post
Share on other sites

Hi dx100uk

 

I am and was resident in Scotland at the time that it was issued.

I’m not sure as the only correspondence I remember having was when they wrote to me to advise I would need to pay them back this was around May 2014 then set up the plan with them in August that’s what the girl I spoke to today told me from my saas file.

I have no paperwork now from the court.

 

I spoke with Dumbarton Sheriff court today.

Link to post
Share on other sites

it cant be a ccj then it must be a decree.

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... 

Link to post
Share on other sites

In that case - Im going to go and return to my chair and continue drinking my beer - Ill be quiet now :p

DX will advise you a little more on the Decree etc :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

weird

 

who issued it dumbarton?

did you ask for a copy and a copy of the claimform?

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... 

Link to post
Share on other sites

I didn’t no.

She said it’s a decree in Scotland but shows as a CCJ on file.

I’ve contacted the solicitor who dealt with it as if I pay saas direct i won’t be able to get a certificate of satisfaction 🤔. It needs to be paid to the solicitor who dealt with it, no doubt to charge me more money.

Link to post
Share on other sites

cert of satisfaction comes from the court

who was the claimant you sure it was saas?

who's the solicitor.

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... 

Link to post
Share on other sites

It’s a solicitor based in Edinburgh, Morton Frasers.

 

This was the email I received direct form Dumbarton court this morning

 

Hello Nelly

 

You would contact the Pursuer's solicitor. The court does not need to be advised in respect of payment.

 

Once the Pursuer's solicitor provide you with a letter of satisfaction you will then contact Registry Trust (020 7380 0133) with a view to having your credit record updated accordingly.

 

Regards

Ruth

Link to post
Share on other sites

Morton Frasers.

Never known them to work for SLC nor SAAS

Who was the claimant on the decree?

If you dont know go ring the court and ask

 

Has the mortgage provider 100% said you will get the mortgage if this is shown as satisfied?

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... 

Link to post
Share on other sites

  • dx100uk changed the title to UNknown decree
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...