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Everything posted by hammyhound

  1. How low can they get using covid 19 to pray on the vulnerable my personal opinion is do nothing see if they pay the fee they know they are going to lose and hope you back down
  2. No it wont be a quick fix but you wont be able to sell until this is resolved anyway as the buck will fall to you to pay off the previous person's charge. As I said your solicitors should be dealing with this. What have they said when you told them?
  3. BTW your solicitors are also at fault for not picking this up when they received the completion registration from the Land registry neglect on both parts
  4. Yes when you purchased the house the sellers solicitors would have given an undertaking to transfer with clear title ie no charges it will be them that your solicitor has to chase and if your solicitor has to charge for this work the sellers solicitors will have to pay as they clearly clocked up if you don't get it sorted you need to report them
  5. Your solicitor who acted on your behalf in the purchase should be doing this. They should have got an undertaking from the seller's solicitors that all the charges will be removed. Get your solicitor to get their file out of archive and do what they should have done. They need to write to the solicitors asking for the equitable charge to be removed. Why should you be out of pocket when the solicitors should have done the job they were supposed to.
  6. I am sure DX will come along but get that defence in by hook or crook find the email and get your defence in ask for a delivery receipt but keep trying money claim in the meantime
  7. Thanks DX could not find my original post. I did indeed receive a letter of claim but then requested the documents. Receipt of which are above. They are obviously panicking now as in a couple of months its statute barred.
  8. This debt is from April 2014. I had a recent letter from them saying the usual take you to court. The debt is for £580. I requested all the usual documents from them What they sent is a fixed sum loan agreement which looks like it was typed yesterday. A statement of account on their letterhead which they say this is the statement of account from the point of the opening of the account to the sale to their client. Surely a statement of account needs to come from the original creditor not something that is typed up by the present creditor. No default notice - they say dont have one No termination notice - they dont have one There is nothing on my credit report nor anything involving PRAC. There is a closed PDUK account from March 2014. The fixed sum loan account states April 2014. Where do I stand on this one any help appreciated.
  9. I have again requested the correctly dated loan agreement and default notice and the original creditor's statement of account and not what BW Legal have put on their letterhead. That was over a week ago and its all gone quiet - me thinks a claim form is on its way. Reading up on pre-action protocol BW legal should give me 14 days notice that they intend to initiate court proceedings so I assume I have notice of their intention
  10. But I imagine in court they will say but Your Honour we removed all interest and default sums so the only amount required is what the Defendant borrowed so why are arguing about interest/default when that is not an issue. The first amount is a think a payment that was deducted from me despite the fact that the loan needed to be repaid in one fell swoop.
  11. Their argument will be well we took the interest and charges off - you are paying what you borrowed.
  12. These are the documents I have received. How many companies are involved - MEM Consumer Finance, Payday UK and also Instant Cash Loans. They still insist the loan started on 30th April. docs-35.pdf
  13. I responded to them with my own response letter in replying to their pre-action protocol letter. I requested Agreement dated 30th April 2014 (their letter states this) (the agreement they have supplied is dated 29th March 2014) and it is indeed reconsistuted I can still smell the toner ink on the paper Default Notice Statement of Account Notice of Assignment Thanks for bringing up my previous posts I could not find it anywhere. My credit file in 2014 states a default but this has now disappeared and the account on my credit file says settled. Surely the default should still be there. Yes indeed it did get deferred as I have the payment debiting my account on 30th April and yet they say the agreement is dated 30th April
  14. I received the pre-action protocol letter from BW Legal. I responded asking for all the documents relating to my account including the agreement, statement of account, default notice and letter of assignment. They came back with the agreement which is dated 1 month earlier than what says in their pre-action protocol letter. What is interesting is the agreement is between Mem Consumer Finance, me and Payday UK. Why is there three parties to this transaction. The agreement looks like it is printed at the same time as their response but that is not something a judge would really be interested in. Can I ask again to provide the agreement they state in their letter which is 1 month earlier or will they just say it is a typographical error and the agreement is correct. The statement of account is printed on their letter which they sent me 2 days after my request. The statement of account shows at the beginning the amount in the agreement shown as "deferral" and then a whole host of "defaulter/interest accrued" amounts. There is also a charge of £15 some 2 months after my "correct agreement date". At the end of the statement of account all these figures are credited at the end which brings the statement of account back to the original amount. What I need to know is if they have failed to provide the default notice can they just credit the same and say "we have not charged you for the defaulted amount so we do not need to produce the default notice" The letter of assignment is there. Can I go back to them and again ask for the agreement stated in their letter and also the default notice. This all happened in 2014 by the way. I have always checked my credit file and there is a closed account with Payday saying settled but nowhere is a default notice and PRAC Financial dont appear anywhere. They have given me 7 days to respond.
  15. This is a house sale and your solicitors quoted that Why was a coal report required. This is something that the purchaser's solicitors would have to request and payable by the purchaser. £108 for a TT fee - this is usually about £25 or thereabouts for a same day transfer, you should have received your monies the same day as your sale and yet your solicitors have sent the same by BACS which is at nominal cost. I have copied here what you say they have charged you - I think you need to ask why? Obviously I do understand you are in Scotland some processes in conveyancing would be different up there £60 Registration of Discharge of Standard Security - what is this I assume it is what is known as a DS1 - this is a form that your solicitors would have sent to your mortgage company to confirm that you have paid your mortgage and £64 Registration of Advance Notice - never heard of this - please ask them what this is for. £108 completion and submission of registration documentation - your solicitors do not at all register anything on a house sale the purchaser's solicitors do the legwork - obviously depending on what happens in Scotland 170 property and legal entity multisearch - what is this. £45 coal report - as said before a seller's solicitors do not request this unless Scotland is different. £55 legal report - what is this. Again I know Scotland is entirely different to England when it comes to conveyancing but these charges do need to be questioned. This company has charged you £108 for transferring monies to you and yet took 3 days to do it when in fact you should have received it the same day as completion and would have cost you approximately £25. I know they would have sent your redemption monies for your mortgage as well so at a push it would have cost £50
  16. Just subbing your post, I have had the same. They say my agreement is dated * 2014 and yet I have had no credits to my bank account at all from Payday during 2014. I am going to ask what bank account they paid into and on what date. Check your bank account as well. Surely, if your agreement is dated whatever you requested a loan from them on that date and you would have received monies from them
  17. Just subbing Finargh as I would like to see what they come up with as you know on my thread the judge was crock. They produced no default notice and yet court decides that its enough.
  18. No she isnt - wish she would have been off sick for that week. Horrible. Have you got a similar problem?
  19. sorry I didn't make it clear adjourned hearing took place 7th march payment by 23rd march received judgement on 9th march
  20. Well the judgment is through. I received it the day after the hearing. It has given me 14 days to pay. I thought I had 28 days.
  21. Oops thought the CCJ was only put on your credit file if you either didnt pay or elected to pay by instalments, didnt realise it goes on straight away. On a different note there were 3 cases that day with MMF mine being the third. She must have had enough by then. This is in my local court wonder how many across the country.
  22. Thank you Andy, want to pay it all in one go as its taken me a while to get my credit file in order and dont want it scuppered for £350. I just hope the judgment takes a while to be typed and sent to me and then maybe I am hoping to have a further 28 days. I know some judgments say forthwith so I am not too sure of the time they give you. Yes horrible judge just read out their statement and said "well I cant see any problems with you denying this can you I will adjourn this to a further date for you to check again whether you wish to withdraw your defence and if so let the court know at least 7 days before the hearing"
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