Evening, have you seen this.....: URGENT MESSAGE: Have you all seen this: http://www.actionfraud.police.uk/what-is-fraud., this is possibly one of the best web pages on the internet, it defines each and almost every type of fraud there is (....so far as we know...!!) More importantly it gives EVERYONE the chance to IMMEDIATELY report a possible or actual fraud which has taken place and which they have suffered (not just financially) from. The website is devoted to dealing with the Crime of Fraud and will provide you with an almost immediate Crime Reference number, which can of course be tendered as evidence in a Court. It may be useful to many people, especially when you consider that Criminal Law always takes precedence over Civil Law. As always Best wishes to all Dougal

Afternoon/Evening all, URGENT MESSAGE: Have you all seen this: http://www.actionfraud.police.uk/what-is-fraud., this is possibly one of the best web pages on the internet, it defines each and almost every type of fraud there is (....so far as we know...!!) More importantly it gives EVERYONE the chance to IMMEDIATELY report a possible or actual fraud which has taken place and which they have suffered (not just financially) from. I cannot put into words how strongly I recommend everyone who has had dealings with Swift/Kestrel/Swift Advances or whatever other incarnations have come out of Arcadia House, including J W Godfrey, Swift Legal Services and any other 'associates' of this despicable organisation, or indeed all/any other financial institution that is treating you unfairly,to lodge a complaint via this website. The website is devoted to dealing with the Crime of Fraud and will provide you with an almost immediate Crime Reference number, which can of course be tendered as evidence in a Court. It may be useful to many people, especially when you consider that Criminal Law always takes precedence over Civil Law. As always Best wishes to all Dougal

Evening all, URGENT MESSAGE: THIS MAY RELATE TO SOME CASES AND PARTICULARLY TO THE SUB-PRIME MARKET Have you all seen this: http://www.actionfraud.police.uk/what-is-fraud., this is possibly one of the best web pages on the internet, it defines each and almost every type of fraud there is (....so far as we know...!!) More importantly it gives EVERYONE the chance to IMMEDIATELY report a possible or actual fraud which has taken place and which they have suffered (not just financially) from. I cannot put into words how strongly I recommend everyone who has had dealings with Swift/Kestrel/Swift Advances or whatever other incarnations have come out of Arcadia House, including J W Godfrey, Swift Legal Services and any other 'associates' of this despicable organisation,OR ANY OTHER LENDER WHETHER SUB-PRIME OR NOT to lodge a complaint via this website. The website is devoted to dealing with the Crime of Fraud and will provide you with an almost immediate Crime Reference number, which can of course be tendered as evidence in a Court. It may be useful to many people, especially when you consider that Criminal Law always takes precedence over Civil Law. As always Best wishes to all Dougal

Hi especially Galahad, The Bankers report refreferred to says at the end that 'new drivers are needed to take changes for the benefit of the customer forwards'. Please note : Dougal has just got onto the driving seat and started the engine!! More when I am able to say so. Best wishes all Dougal ps : It ain't over till the fat FELLA sings and I'm been putting on a few pounds lately!!

Morning all, Just a very limited update I am afraid, for reasons which will become apparent. The latest is that matters are proceeding. As soon as I am able to release any further information I will do so, the reason for this reticence is that this is for everyone's benefit, and I have no wish to make a dog's oojit of it all now! I thank everyone on CAG and those OTR who have all provided valuable input......... Best wishes to all, Dougal

No you are not committed to going to Court at all. You just need GOOD legal advice if you get to the stage of proceedings being issued. I agree 100% with Unclebulgaria and his advice is sound. If you get Proof from the Halifax which shows your OH contacted them it must be written evidence of phone conversations showing date and time received and how transcript is produced with a certificate from the Data processing person at Halifax showing it to be the truth.

Caro, Trying to send you a PM re your message and your inbox is full. Regards Dougal

Good evening My intention is to get the Claim (IF issued) struck out before it gets to Court. They will have to produce the evidence (IF it exists) prior to the hearing during a process known as Disclosure. This means that you will get to see what evidence they intend to rely on, at that point you can decide if you need Legal representation. Don't even consider trying to 'settle' what may well be a spurious claim! Regards to all, Dougal

Afternoon all, At the risk of repeating myself, I ask just ONE question: Where is the evidence which the Halifax will have to rely on if they wish to proceed with any case in this matter?? I believe that the answer is : There is no evidence which they can produce in Court to show that your OH contacted them. If you wish you could simply ask the Halifax: 'Where is your written evidence on which you base your correspondence and any claim you may contemplate issuing ? At least this should make them either: 1. Provide the written evidence and/or 2. Tell you they are unable to produce any written evidence If 2. is the answer I believe you would have an extremely good case for Harassment and a potential claim for Damages. It breaks my heart to think that you are suffering as a result of the inefficiency of the Halifax - it is about time your distress and upset were bought to an end. If there is no evidence - they have no case. Best wishes Dougal

Good morning kennyh and all, Nothing to add at present. Case continuing at this moment in time. Apologies for lack of further information, there is a good reason for this - which I hope will become apparent. Thanks to everyone, and best wishes to you all. Dougal

Evening all, You are right, I don't live in Scotland, but I am Scottish by descent. It is my own case which I am referring to. Best wishes all Dougal

Good morning all, Thanks for the thoughts/messages - All I can say at this stage is keep watching the news.........towards the end of the Summer! Once I am able to say anything...you will all be the first to know. Without your support I would never have got this far!! Very best wishes to everyone Dougal

Morning all, That is a very good letter - wish I'd thought of it!! Very best wishes to everyone Dougal

Good Morning, Sorry all...I can't say anything at present. As for it being on the news, this may be some time yet. Best wishes everyone Dougal

Evening all, I may be able to help you out...you never know.....keep watching the news. Best wishes Dougal

Morning all and Perplexed, I agree entirely with this. basically I do not think the Halifax 'have got a leg to stand on'. In all cases heard in a Court of Law, the one thing which is relied on to prove or disprove matters is EVIDENCE. 1. Where is the evidence from the Halifax? Answer : perhaps it does not exist! 2. Why are they so reluctant to provide it if they have it ? Answer: see 1. above! 3. In the almost impossible event that they do have it, they will be criticised if they have failed to provide it when requested by you to do so. Reason: They have not complied with the CPR (Civil Procedure Rules) on Pre-Action Protocol. This is not me being clever - it is a fact. IF...it is their intention to pursue this through the Courts then there are steps that they MUST follow in order to do so. So far all they provided is a headache for you and a lot of hot air...... The most important QUESTION : WHERE IS THEIR EVIDENCE? They can say that your OH owes them millions, but unless they can provide proof to that effect by the way of evidence they haven't a case to pursue. I believe that from the outset they have been trying it on, and a read of the Pre-Action Protocol (for Court action in Civil Cases) shows this: Examples of non-compliance 4.4 The court may decide that there has been a failure of compliance by a party because, for example, that party has – (1) not provided sufficient information to enable the other party to understand the issues; (2) not acted within a time limit set out in a relevant pre-action protocol, or, where no specific time limit applies, within a reasonable period; In my humble view, I still think that unless you can be provided with hard copy evidence of any payments which the Halifax say were made then there is no case which they can take to Court. I know I ramble on.....but I want to help and offer some thoughts which might assist you. As always Best wishes to all, Dougal

Dear Perplexed, If I agitated you then I am sorry. It is not my way. I am merely trying to give you some strength from knowing that you cannot be defeated in this case. When you are ready I will be pleased to help. Best wishes Dougal

Good afternoon, I suggest that you send exactly the letter in my post, and see what happens. I would however send it NOW to both the Halifax and DLC. I would also copy it to the FOS. This ought to bring any information they have out of the woodwork. Then I would make a cup of tea and wonder what will happen the rest of my life. One thing is certain, you can virtually forget having to pay either the Halifax or DLC another penny. Best wishes Dougal

Good morning, I have been reading this case again and I note the following from your post: "In November2001 they did a CAIS check, but found nothing of interest and the case was closed on 14/6/2001 The first thing we/I heard about this debt was in July 2011......." This is actually over 10 years from the date of closure of the case! OK: A question and I hope some useful advice: 1. Firstly: Who actually decided that "the case was closed on 14/6/2011" ? It is not right that a debt may be pursued by anyone after the expiry of 6 years. However : The Limitations Act of 1980 gives creditors a maximum amount of time to start legal proceedings after the last payment or written acknowledgement (note or letter) from the debtor. For most debts, this is six years, or 12 years for mortgages. If you have not paid anything towards a debt or 'acknowledged the debt' in writing (for example, by writing to the creditor about the debt) for more than six years, you should get advice from a specialist before you speak to the creditor about an arrangement to pay what you owe. From 31 st October 2004 the Financial Services Authority (FSA) has taken over the regulation of mortgage lending and problems with existing mortgages. The Mortgage Conduct of Business Rules say that if the lender decides to recover the mortgage shortfall debt they must make sure you are told about this. This must happen within six years of the date of sale. The Halifax (who are part of Lloyds bank are by association with that bank, and being a part of the core business of that Bank CML members.) Council of Mortgage Lenders Policy Mortgage lenders who are members of the Council of Mortgage Lenders (CML) have not yet changed their policy on recovering mortgage shortfalls in light of The Court of Appeal decisions. You can still argue the policy to your lender as a point of good practice. BUT: From 11 February 2000 the policy is as follows: "The CML says anyone whose property was repossessed and sold and who has not been contacted by their lender within six years from the date of the sale will not be asked to pay the shortfall. If your lender has already contacted you before 11 February 2000 then it appears they will continue to try and recover the shortfall even if your house was repossessed and sold more than six years ago." I note that you were told that the case was closed on 14th June 2001. I suggest that there is nothing that can be done by the Halifax or anyone else for that matter. If anyone thinks differently, please let all of us know!! See "sample letter M4" if you want to write to your lender asking them not to pursue the debt under the Council of Mortgage Lenders policy. This is 'Sample letter 4': SAMPLE LETTER M 1 Breakdown of Balance owed Your name: Your address: Name of Creditor: Address: Date: ...../...../......... WITHOUT PREJUDICE Dear Sir/Madam Your reference - Account No. Thank you for your letter/telephone call. I do not acknowledge any debt or claim. to your company or anyone else. Please supply me with a full breakdown of any balance claimed under the above account, together with a full and detailed breakdown as to how that figure was arrived at. In order for me to deal with the matters you raised, I should be grateful if you would supply me with answers to the following points; When did the arrears begin? when was the last payment made on the account? when was any Possession Order given? when was the house sold? what valuations were made on the property before the sale? what costs were involved in maintaining the property during the period between the repossession and the sale? how was the house marketed and sold and at what price? what costs were involved in selling the property? has a claim been made against the indemnity insurance and how much was recovered? how has interest been calculated from the start of the arrears? Please supply me with a full breakdown of the balance claimed under the above account. I look forward to receiving your reply as soon as possible. Yours faithfully (Your signature) IMPORTANT WARNING NOTE : DO NOT USE YOUR NORMAL SIGNATURE, A 'SQUIGGLE' WILL BE ENOUGH AND JUST TYPE UNDERNEATH YOUR NAME. IT IS NOT UNKNOWN FOR YOUR SIGNATURE TO BE COPIED AND 'TRANSPLANTED' ONTO OTHER DOCUMENTS. I apologise for this lengthy post, but I am determined to put 'this matter where it belongs'.... Best wishes to all Dougal

Hi Perplexed, and everyone, They are fine - even without my amendments!!! I just want you to have the best possible chance of putting this whole business behind you. I suggest you (tactfully) ask your OH if he has a copy of the original agreement anywhere..... What has been his reaction to all of this so far? Just me being nosey, and you are welcome to PM me if you wish. With CAG behind you you will succeed, but it may take some time! Best wishes all, Dougal

Morning all, and especially Perplexed, This is my recommended letter to the Halifax...my alterations are in blue. I DO NOT ACKNOWLEDGE ANY DEBT TO YOURSELVES OR ANY OTHER COMPANY OR PERSON. Following the FOS’s initial decision in this case, I am asking you for the full and unredacted details of the alleged payments that are alleged to have been made to the Halifax; including, but not limited to: the exact date and time the alleged payments were made, the location where the alleged payments were made, the name of the Bank or Building Society receiving the alleged payments and the name of the person making those alleged payments. Further and in the same terms the exact sum of each alleged payment and when it was apparently received by the Halifax, and how or at which branch it was apparently credited to this account at the Halifax. I have asked for these details before; from Shoosmiths on the 8th August 2011 and from yourselves on the 19th September 2011 and then again on the 13th January 2012, at which point you said were unable to provide me with that information. If you are unable to provide the information requested before the end of this week 15th April 2012, you are to notify me immediately and in any case you are to confirm receipt of these instructions within 48 hours, as I am under a time constraint from the FOS. Please note that this alleged debt is now in serious dispute with your Organisation, and the FOS have also been notified of this fact. Best wishes Dougal

OK....we are going to get to grips with this fiasco right now This is not as serious as it appears. 1.Make sure you write to the FOS and tell them that you disagree with their decision BEFORE 19/4/2012. In your letter tell them you are' not prepared to accept their decision' tell them you want them to send the 'enclosed copy of internal notes and list of payments, which were not in your envelope when it arrived at your home.' Tell them you are unable at this stage to provide further evidence but will be in a position to do so within 28 days from the date of your letter. 2. Write to the Halifax and 'request full and unredacted details of the alleged payments made by your husband, including, but not limited to: the exact date and time the alleged payments were made, the location where the alleged payments were made, the name of the Bank or Building Society receiving the alleged payments and the name of the person making those alleged payments.Further and in the same terms the exact sum of each alleged payment and when it was apparently received by the Halifax, and at which branch it was apparently credited to this account at the Halifax.' 3. Tell the Halifax this: 'If you are unable to provide the information requested within the timescale given, you are to notify me immediately and in any case you to confirm receipt of these instructions within 48 hours. All correspondence and telephone calls are logged and recorded for evidential purposes.' It is vital you also write the following in your letter: 'You are to particularly note that this alleged debt is now in serious dispute with your Organisation.' This will do a variety of things: It will advise the FOS that there are other matters to be considered. It will advise the Halifax that there are other enquiries being made It will also (I hope) give you a little respite for a week or two...I have not read all of the posts, but do you have a copy of the Original agreement with the Halifax?. Best wishes Dougal

Morning all, It's been some time since I last had anything to report....but had a hearing last week and waiting now for the Judgement. Did anyone see me on BBC1 at 11 a.m. on the 4th April 2012...in 'My Worst Deal'....it shows how much the Banks are making out of us....... As a side issue, isn't Dougal a well behaved West Highland Terrier...... Best wishes all, More news soon I hope!! Dougal

Good morning, Please remember just this: The car park attendant and the company he/she work for have no lawful power whatsoever. The 'ticket' they will try to get you to pay by whatever means they deem appropriate is merely a 'request' for payment -IT IS NOT A LEGAL DEMAND AND NEVER CAN BE. The only people who can legally pursue an enforcement are those properly authorised under and Act of Parliament to do so. The people you have encountered never were, never will be and never can be authorised to enforce the collection of 'parking charges', in any manner shape or form. Best wishes, Dougal (an ex-Policeman)

Good afternoon I agree this has (as far as we know) very little 'involving default notices and a loan agreement got to do with bank charges ?' (It may be in the wrong thread, and this could be my fault for which I humbly apologise.) Well if anyone feels offended, I am afraid I cannot help that, but if this has happened then there are 3 scenarios: 1. It has been 'gagged' or 2. It has been a 'gossip' which has apparently (for some) become a reality. 3. If this was/is the case (that this has actually happened) then the news will be absolutely full of it by the end of the week - so shall we just wait and see? Best wishes all Dougal