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Everything posted by Loser4u

  1. Is this normal or an example of solicitors for the claimant not wanting the case. Claim form filled by one company of solicitors Defence filed this was quickly followed by claimant changing to company 2 of solicitors Queries raised over document disclosure and missing records Within 5 days change to company 3 of solicitors All notice of changes where sent correctly by the solicitors I think Company one expected an easy case Company 2 thought we would agree to a tomlin order without them having to disclose anything Company 3 to soon to say Have had similar on another case which had a notice of discontinuation filed the day before the hearing
  2. Continue to make payments as you have reset the clock for action to be taken with the payments you have made. The default is no longer registered since its more thn 6 years since the default happened. DLC will ignore all your requests for information so send a DSAR to the Halifax at Halifax, Mortgage Recoveres, Trinity Road, Halifax, HX1 2RG. I would also try to negotigae a reduced settlement with DLC as they have already offered a reduced figure Head any letters with "I do not acknowledge any debt to your company" and make it clear any offer of payment is made without admiting liability for any alledged debt and would be in full and final settlement.
  3. I used to enjoy writing back to them with the the contents of your recent letters are noted and nothing more headed with I do not acknowledge any debt to your company. I think I also thanked them in one letter for the action they took. This helped me to find the relevant help and that the debt was unenforceable. Instead of paying them regular payments until the account had been settled. Like others I told them if they disagreed with the points I raised then they would need to take me to court and I gave them the address of my local court. If they thought they had a case you would have been in court a long time ago. Go through the complaints process and once you have their response report them to the OFT If you SAR them they will get £10 of your money so go down the CPR route on the basis that they are threatening you with court action. They will respond to your letters but not to the points you raise so you have to keep pushing them about the points you raise and be as annoying to them as they have been to you
  4. You can either chose to ignore or you can have some fun replying to them. If you chose to reply head all the letters with the "I do not acknowledge any debt to your company" Something all the lines of Dear **** Can you please clarify which account you are referring to as the account details you have supplied are vague and misleading. Can you also confirm who you client is and when you were instructed, as I haven’t received any correspondence from either of the two companies you list that they have instructed you to act on their behalf. I draw your attention to the OFT Debt collection guidelines July 2003 (Updated December 2006) which make it quite what action is and isn’t permitted when an account is in dispute. Your demand for me to contact you with 7 days of a letter dated the "insert date" and received the "Insert date" is a breach of these guidelines. Below is an example of just some of the Guidelines which I believe you and your client are in breach of Examples of unfair practices are as follows: 2.6 d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties 2.6 e. not informing the debtor when their case has been passed on to a different debt collector 2.6 f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so 2.6 h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment By return please send me a copy of your complaints procedure and the complaint reference you have assigned to this formal complaint. I reserve the right to report your activities to any such regulatory authority as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.
  5. In the Limitation Act 1980 it Section 20 (2) it states tht the time limit to start action to recover debt is limited to 12 years from the date on which the right to receive the money accrued http://www.legislation.gov.uk/ukpga/1980/58 It looks like the above defence was used in this case from the date the arrears started not the date of repossesion http://www.guardian.co.uk/money/2004/aug/07/creditanddebt.mortgages Anyone have more informaion on this case
  6. Thanks for replies The agreement is an application form with no reference to the terms and conditions and doesn't contain any clause in relation to interest - this is signed. The terms and condition suppied are not from the same lender as the above application form and not signed by borrower so not relevant This was a smaller building society who after a number of changes became part of the RBOS group. Can I also include in my defence the following points in relation to the CML guidelines in relation to obtained the best price. We had permission to rent the property out by the Leeds and when taken over by the Halifax we needed to reapply as they only give permission for a limited time and permission was refused. We had an agent lined up along with a tenant and this would have covered the repayments When they said no to renting out we got a valuation and an offer which although less than the outstanding balance was significantly more than the value they sold the property for. We made this offer to the Halfax and they refused. In the breakdown there are fees for services that we didn't receive - Counselling The breakdown has different amounts to the summary for the same items although the totals are the same !!
  7. Claimant is claiming for Interest pursant to section 69 of the county court act 1984 at the rate of 8% from when the house was repossessed up to date of judgement. Payments have been made since the repossession and within the last 2 years. So the limitation of 12 years since payment isn't an option. Can anyone help with the following If interest is payable should it be from 6 years since the repossession or 6 years since the last payment. Alternatively have the payments made reset the clock for interest as well?. If interest is payable is the rate coverered by regulated agreements and should be charged as the rate as per the agreements terms and conditions? I have tried searching and couldn't find definitive answers Thanks
  8. Update on this Have had preliminary hearing – which was a first for me Judge gave their solicitor a hard time and refused most of what they asked for and agreed with most of what we asked for without us having to ask for it. (I had a list of what I wanted and ticked them of as judge said them) Solicitor also wasn't happy when we kept telling him, and showing him evidence, that contradicted what he said he had been advised of by the solicitor handling the case. Anyway the outcome is draft directions which includes full disclosure by the other side and all the other usual requirements regarding what both sides need to do along with timescales.
  9. The reason for asking for the default notice is, if they haven't laid it out correctly and allowed the required time it means that if they found an enforceable agreement the maximum they could claim is the amount of arrears at the time the default notice was issued. You want to get as much information from them that you can so if they do proceed to court you have as much as possible to defend yourself. See below about default notices http://www.consumeractiongroup.co.uk/forum/showthread.php?170345-A-Tale-of-a-Dodgy-DN They will reply with some information but you will need to pester them for all the information I'm in the same place as most others who have posted. I have an unenforceable agreement and default notice that doesn't allow enough days to rectify They occasionally write with a wonderful offer or they instruct another DCA to collect on their behalf. Last time they told me the agreement was in their opinion enforceable I did reply if that was their opinion then they should take me to court and gave them the address of my local court and don't forget to bring all the original documents with them for the court. The last DCA they instructed said they would be sending someone round. So I gave them some dates I was available and asked them to not forget to bring the above documents with them. I would of course be charging them for my time in teaching them about Default Notices and Unenforceable Agreements.
  10. If your debt was enforcable they would not be offering a reduced settlement & you would have been taken to court quickly after they had bought the account Do you have the default notice and have you sent a DSAR to the original creditor. If not you should do this and if you have but you still haven't got the default notice make a pest of yourself until you get the original creditor to admit they don't have it If you do have it scan it in minus personnal data for us to check if it is correct. Also do you have a notice of assignment from the original creditor Send a recorded letter to 1st credit thanking them for their recent letters and that the contents are noted. Include in the letter that this account is in dispute and unenforcable with the agreement that you have and this dispute was sent by recorded delivery on dd/mm/yyyy which was signed for on the dd/mm/yyyyy If you didn't send it by recorded delivery include a copy in this letter. The more reasons you can find for the debt being unenforcable the better and the quicker they will go away. You may also be able to negotiate a more favourable reduced settlement at a later date. If they do take you to court don't worry about it as the court is their for both parties not just them and if they did win any payment would be based on your payment ability
  11. Update Its getting time to complete the N150 form Should I amend my defence regarding the SAR reply Signed application form with no terms or conditions - what can I use Copy of terms and conditions from previous year from a different building society and not signed so these are not relevant Breakdown of payments / credits which has the same balance but a different sales price to the completion page provided with the claim - can i use this? As expected had nothing back from my CPR request except two letters to say they have received my defence and "it is always their intention to negotiate settlements to avoid court costs should the matter be listed for trial".
  12. See the link for some advice and forms to use to request information http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls It would definetley be worth sending a SAR
  13. Don't send them a cheque. They will cash it and will state they thought it was a payment. Send them a letter offering full and final payment with a % based on the outstanding amount I think there is a template on here you can use. Start small as you can always increase your offer after a suitable time period has elapsed. You will need to state that payment will be made by third party You are are only able to do his due to the help from family and friends for a limited time period. They will reject your first offer and may counter with their offer. If they offer to accept as partial settlement do not accept as they or another DCA will come after you for the rest of the balance see this for help National Debtline England & Wales | Debt Advice | Factsheet 24 Full And Final Settlement Offers It won't be a quick process and the longer you take the more inclined they will be to accept your offer
  14. Are you able to post up the CCA as although it may look like a true copy there can be lots of resons why its not enforcable. Roughly when is it dated and was it signed by all parties
  15. Any comments on this as defence Defence Except where otherwise mentioned in this Defence, I neither admit nor deny any allegation made in the claimant’s Particulars of Claim and put the Claimant to strict proof thereof. In an attempt to further this case, I wrote to the Claimant on **/**/2010 (see attached letter marked “Exhibit Loser4U 1” via Special Delivery and received by the Claimant on the **/**/2010. The request was made for disclosure of all documents and information under The Civil Procedure Rules, Pre-Action Protocols; documentation which the claimant sought to rely upon in this case and, which would help me to prepare my Defence and expedite the case. To date, the Claimant has ignored my request, failed and has failed to supply any information at all. Furthermore, the Claimant has also failed to state any such reasons for their failure to comply. I therefore consider this an attempt to frustrate proceedings and make it difficult to compile a Defence to the allegations in the Particulars of Claim. Without disclosure of the aforementioned documentation, I would like to draw to the court’s attention to the fact that, as a litigant in person, it is proving difficult to compile a fully particularised Defence in response to the claimants particulars of claim. I believe that the Claimant has a duty under the Civil Procedure Rules to supply documentation relating to the Particulars of Claim, in accordance with Practice Direction 16 paragraph 7.3, which states : 7.3 Where a claim is based upon a written agreement : (1) A copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and (2) Any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents). The Defendant avers that the claim is for the same monies which were the subject of previous proceedings in which the claimant obtained possession of the property on the **th **** ****. Accordingly this claim is vexatious and/or an abuse of process and should be struck out pursuant to Part 3 CPR. I now turn to the figure of £ **,***. At all material times in exercising its powers of sale, the Claimant owed the Defendant a duty to obtain the best price reasonably available and to incur only reasonable costs in relation to the sale. It is denied, alternatively it is not admitted that the sum of £**,*** represented the best price reasonably available on the sale of the property. A reasonable price would have been not less than £**,*** Notwithstanding the above, it is my belief that this figure contains a proportion of accrued interest under the Mortgage Agreement/Deed referred to by the Claimant, which should have been separated from the principal sum owed under the mortgage account. I put the claimant to strict proof that the sale proceeds where apportioned to the outstanding balance as per the Mortgage Agreement/deed referred to by the claimant. Any such interest contained within the amount should be considered a separate cause of action. a. The amounts claimed of £ **,*** does not contain any accrued interest; The Claimant's claim to be entitled to discretionary interest to the sum of £**,*** under County Courts Act 1984 section 69 is denied. Alternatively, the Defendant will contend at the trial of this case that in the exercise of its discretion the Claimant's claim to statutory interest should be refused in whole or in part. I therefore request that the court consider striking out the Claimants particulars in view of their failure to supply any supporting documentation with the particulars and their failure to comply with the Civil Procedure Rules, in particular part 16 and Practice Direction 16. It is my opinion that the Claimant appears to have frustrated these proceedings by failing to disclose the requested documentation upon request and for behaving vexatiously. Should it not be considered acceptable to strike out the Claimants particulars, it is respectfully requested that the court orders the Claimant to supply the requested information forthwith and I respectfully request that the court grants permission for me to amend my Defence accordingly, when the claimant discloses the aforementioned documentation. Thanks
  16. My partners house was repossesed in 2000 and sold for a lot less than the outstanding balance. DLC where chasing the debt and unfortunatley she was making regular payments but would never have cleared the outstanding balance unless she had lived to about 300. We never received a copy of the original court judgement and couldn't get a breakdown of the sale price or how the outstanding balance had been calculated. So sent a DSAR to DLC followed by an account in dispute letter when they failed to supply anything. They quickly ran away and passed the debt back to the Halifax. We stopped the payments at this time. Sent DSAR to the Halifax who returned our letters account unknown - They still cashed the payment though. Sent account in dispute letter and after lots of futher correspondance they sent a one page account summary letter and say they have complied with the DSAR and if we don't resume payments they will commence legal proceedings. Reply to say they haven't complied and this is quickly followed by a county court claim form similar in format to the thread below. http://www.consumeractiongroup.co.uk/forum/showthread.php?160830-Shortfall-Court-Summons-URGENT-help-needed-please!&highlight=halifax+dsar Acknowleded receipt of service on the day service was deemed to have happened and still have a week left to file 1st defence which will be similar to the above thread. I have kept up correspondance to the Halifax in that the DSAR still not complied with fully. Sent a CPR31.14 to the solicitors acting on behalf of the Halifax by recorded delivery on the same day as acknowledgment and as expected have not have not recieved any reply. Had an update from the Halifax on DSAR and now have Mortgage conditions from the original lender dated 1989 - 2 pages with no reference and not linked to any other documents & no signatures. Loan Application form signed by both applicants 1990 . No reference to the above terms and conditions A breakdown of payements covering Oct 1992 - Sep 2000 No account numbers or refernces Debt Summary covering the same period which looks like a yearly summary. Lots of charges and fees. This has both borrowers names and account numbers. The response letter also has the following statement "Under the Data Protection Act an individual is entitled to a copy of all information that is held in a relevant filing system, unfortunatley this does not include any paper files such as a copy of your mortgage file / repossesion file. If a customer wishes to obtain a copy of this paper file then they would need to apply for a court order and then we would comply with the request." Is this correct ? or more bull / misinformation or am I right in thinking that these are structured files as they are refered to as "your Mortgage File / Repossesion file" and applies to all structured files regardless of format or when created with access requested after 21st October 2001. If our memory serves us right we knew we had issues paying two mortgages with only one income and we asked for permission to rent the property which the Halifax refused without the other borrowers signature (He disappeared about 7 years previously) The Leeds had agreed but between us first asking and then being a position to start renting ownership changed to the Halifax. We got an offer for a sale and asked for this to be taken as full and final settlement this would have left a shorfall of around £2k a lot better than the sale price they achieved and this again was turned down. What other documents should I be requesting when sending in my request for directions with the defence. Apologies for the long winded post and all help appreciated
  17. Spoke to the court who weren't very helpful and they are not sure why I got a letter asking for AQ to be filed given that I had already sent one and why didn't I attend if I wanted to defend? Need to file N244 along with £75 fee which I may or may not be able to claim back and apply to have set aside.
  18. Anyone got anything to add. Claimant has admitted they don't have default notice!
  19. I need help on setting aside General form of Judgement or Order. Order says It is adjudged that the claimant recover against the defendent the sum of ££££ and interest to date of judgement and £££ for costs amounting to the sum of £££ it is ordered that the defendent pay to the claimant the sum of ££££ before dd/mm 22/1 have notice of allocation from local court with hearing date as per the above orders date. 10/2 letter from court confirming I have filed a defence and asking me to complete the AQ on 1/3 which is 5 days after the court hearng date so I wrongly assumed that the court hearing date wouldn't go ahead. AQ was completed and delivered on the 1/3 Had I known the court case was going ahead I would have attended and defended. My defence is no default notice. No record of default notice being sent. No proof of delivery of NOA. I know I have to complete a N244 form and file along with payment. My reason for setting aside will be the conflicting dates from the court which led me to believe the date for the hearing would be changing? Do I need to add anything else? Thanks
  20. All that will get discussed at mediation is the amount of payment. Mine with HC was waste of time and via the mediator mine went along the lines of Mediator: HC want full payment of balance and want to know what your offer of payment is. They don't know of any lawful reason why you aren't making payments at the agreed amount. Me: When will they supply the requested documents as per my CPR request. As I believe there is no case to answer as, the agreement isn't enforcable, there are rrrrors on the NOA and an invalid default notice. Mediator: HC say they have sent requested documents. (They had but only that morning and then didn't send everything) Mediator to me: What are you going to offer in way of payment today. Me: Nothing they haven't sent the requested documents so they haven't proved the debt is enforcable yet. Mediator: Why did you ask for mediation when you have no intention of making any offer of payment. Me: Since I made a CPR request over 3 months ago I would have expected HC to have complied by now. They should have had the documents available before they issued court procedings and ensured there was a case to answer. Be aware that any offer of payment you make is legally binding and failure to make payments will result in court action for enforcement similar to that of non payment of a CCJ.
  21. I don't think you should make reference to the other two people as they left under different circumstances to you. This may well have been negotiated into the deal for them to go as part of an agreement.
  22. Can the original creditor assign a debt prior to a default notice being issued? No they can't
  23. Currently have a case with CL Finance who have issued court proceedings. Embarassed defence has been submitted and case transferred to local court. I made the SAR request to HSBC and data came back with no default notice. Credit agreement is from 2006, signed and looks enforcable. I made the CPR request to HC solicitors and they have finally admitted that a copy of default notice is not available although the default date is ** December 2007. I have notices of assisgment from both HSBC and CL finance although they have both made the same mistake in assuming the M in my first name stood for Mr by addressing it to Mr followed by the initial from my second name. This same notice of assignment was in the HSBC response to my SAR. I think the next stage they will use is that this is what a default notice would have looked like, we sent one and as it wasn't returned to us so therefore you received it. I don't have the original as I didn't realise back than how important it was to keep this sort of paperwork. Does anyone have any default notices from HSBC issued around December 2007 which they could upload minus personel data that I could use to show as examples of the actual default notices that they issued. Thanks
  24. Not worried about this as they know they can't do anything and they know I know this. So I have started to ignore them and the letters are getting less frequent now and for some reason they don't like talking to the answermachine anymore. Yes agree to it but don't expect too much from it. I had my first experience of this today with a different company and other than us both clarifying our positions no progress made: They want full payment of the outstanding balance I want all the missing documentation from them before I will negotiate a payment amount.
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