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breakanegg

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About breakanegg

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  1. No it's not an inhibition order. As far as I know an inhibition order can only be granted in court and if awarded would have prevented me from selling without paying the debt. The factors solicitors have not taken any legal action, from what I can gather they have registered a debt against the property on the land registry and the law apparently allows them to pursue the buyer for that debt. It's a very sneaky and underhanded way of trying to get the money paid without going through court because they know they will not win since they were not able to prove the debt. Some of their factoring fees were complete fiction and the small claims court told them to provide proof. So they stalled court action, registered a debt against the property on the land registry, waited until I sold it and are now going after the buyer who has retained funds from the sale to cover this (so it's MY money) and threatening them with court action if they don't use my money to pay the debt. Actually makes me sick what they're doing.
  2. Hi peeps, First off apologies for the urgency of the post but I've just received an email this morning advising action is going to be taken tomorrow Will try to make a long story short:- I've been in dispute with property management company regarding their fees for a flat I owned in Scotland. They took me to small claims and were going to lose since I successfully defended when they panicked and announced they were instructing other solicitors and would be in touch in due course. As they took the action nothing happened with the court case. I put the property on the market and got a buyer. When did search on some sort of title deed register this property management company had noted a debt against the deeds. The buyer's solicitor wanted to go ahead with the purchase and agreed if they withheld the amount of debt the property management company had registered against the deed as assurance until the matter was resolved in court. I was very shocked when this property management company and their solicitor then wrote to the buyer's solicitor saying they were going to sue them for the debt which apparently they can do. This is disgusting and really underhanded but there doesn't seem to be anything I can do about it. Got an email this morning from the buyer's solicitor saying if the matter is not resolved by tomorrow they are going to use the money and pay the debt in full. Any help would be much appreciated. Thanks in advance.
  3. Thanks for clearing up, was panicking any buyer would be told there's an inhibition order on the property and then run a mile, can't blame them, I'd not want the hassle either! I can pay them a monthly amount now, unsure how responsive they'd be to that. My concern is that the amount is made up of charges etc and as I've never had a breakdown of costs I'd be paying for an unknown sum. Can I still ask for a Subject Access Request at this stage? Do the solicitor provide this or does HFC? I assume when they were awarded decree in court they showed the court that I owed them that money and gave them a breakdown of the costs, was I not entitled to that? It really is a pain trying to deal with this from England and the court is in Scotland. CAB down here can't even help me because it is Scottish law!
  4. Thanks cerberusalert, much appreciated Letter will be posted recorded 1st class tomorrow. I'll update when I hear more. Have a good weekend
  5. Hi peeps, I have a credit card with MBNA and following redundancy I agreed a repayment plan via a Money Advisor at Trading standards. Despite meeting the plan this debt has been passed to Arrow Global who have sent a letter as follows: DEBT OWED TO ARROW GLOBAL LIMITED AMOUNT OUTSTANDING £5409.93 ASSIGNED BY MBNA NOTICE OF ASSIGNMENT We advise you that MBNA has assigned all of its respective rights, title and interest in respect of the above referenced account (including the right to receive payment of the outstanding balance) to Arrow Global Limited, effective 17th August 2010. Any payments made on this account after 17th August 2010 will be passed to Arrow Global Limited and will be deducted from the current balance shown above. It is essential that all future payments and correspondence rgarding this account to be directed to: WESCOT CREDIT SERVICES LTD PO BOX 137 HULL HU2 8HF 0844 824 1150 You should contact Westcode Credit services to organise payment of this account as a matter of urgency. If however you believe you have received this communication in error or that the outstanding balance is incorrect please contact Westcot CS with all relevant information, again, as a matter of urgency. I was going to send the CCA request letter I would be really grateful for some advice. First is this the correct letter to send? I assume the agreement will be between me and MBNA, not me and Arrow so how can MBNA just pass on the debt to someone else? Any ideas who Wescot are or why I'm being asked to pay them? Thanks in advance Breakanegg xx
  6. Sweet, that's my plan then Tomorrow I send the Incidental Application recorded to Sheriff Court copy to Pattens Solicitor. Will keep you guys posted on how it goes, I'll probably be back to discuss the agreement Thanks again, Julie x
  7. Thanks Ida, that's really helpful, those posts are quite interesting I think I need to submit the letter below (Letter 1) to the solicitors so I can get the documents I need. Where I'm a little stuck is the requirement to submit a defence by Friday, which in effect means sending it tomorrow. There are examples of defences in those threads but they're worded as if the defendents have the agreement, DN, breakdown of charges etc, I don't have any of that. I was thinking I should then apply for an Incidental Application as you advised, however the problem with this is (LETTER 2) it seems to be to postpone a hearing, not a statement of defence, I'm getting self right muddled, lol Can I submit an incidental for this case, I believe it's ordinary cause requesting postponement of trial and requirement for a written defence until I get these documents? LETTER 1: Dear XXX REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below. I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties. Yours sincerely, XXXX (type, don't sign). LETTER 2: INCIDENTAL APPLICATION Sheriff Court: Summary Cause Summons Number: Date of Next Hearing: (Their name) Pursuer against (your name) Defender (address) (address) The defender requests the court to postpone the hearing fixed for xxxx 2009 and that the case is temporarily sisted. The defender also seeks an order for the recovery of documents from the pursuer in relation to the claim made against the defender. These documents are vital to the defender in order to compile a full defence. The documents requested to be recovered are listed below: 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records the pursuers hold on the defender relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by the pursuers, or by any previous creditor b. Where there has been any event in the defenders account history over this period which has required manual intervention by any person, the defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. c. True copies of any notice of assignment and/or default notice or enforcement notice that the pursuersor the original creditor sent the defender, with a copy of any proof of postage that the pursuers hold. d.Documents relating to any payment protection insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of the defenders data as required by the Data Protection Act 1998 h. A list of third party agencies to whom the pursuers have disclosed the defenders personal data and a summary of the nature of the information the pursuers have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents the pursuers seek to rely on in court. Signed: Defender: Dated:
  8. Hi Ida, Sorry took so long to reply, couldn't find my thread as one was deleted as they were duplicated....... anyway thanks so much for reply. I have not received any agreement nor default notice and I have no idea if what they claim I owe is accurate. Moneyadvice places only provide advice on debt, not legal issues and CAB cannot provide an appointment for months, meantime I have to submit a written defence by Friday or HFC automatically get decree I believe. So, i was thinking of submitting an embarrased defence at this stage? Wat think? I was thinking that cannot prepare a written statement of defence as they have not given fair notice of their claim or something like that? Was also going to write to the solicitors with the letter from the post that I now can't find :-? but it basically asked for copies of all documentation they seek to rely on in court etc etc. I wondered if there were any examples of written defences in the forum anyone knew of? Many thanks in advance, Julie x
  9. Thanks for reply. Posted copy of court papers in the other post, but for ease have attached again here. It's HFC that are pursuing the loan and their solicitors are called Patten & Prentice. Unsure how to get a moderator to change the title, if one is reading could you please change title of post to Breakanegg v HFC/Patten & Prentice? Many thanks Court Papers re HFC Breakanegg [1].pdf
  10. Hi Peeps, I really need some help and advise, I posted a thread here but have received no responses and the court case is progressing. I'm at a loss as to how to proceed, the procedures are a minefield and I cannot get help because I cannot afford legal representation, cannot get in touch with Citizen's Advice, they NEVER answer their phone. Please help. I submitted the form stating I wished to defend as it was nearing the cut off date, paid the £80. now I've received a letter from the court stating "Intimation of Options Hearing, you are give notice that in this action: 23/07/2010 Is the last day for lodging defences 22/09/2010 Is the last day for making adjustments to the Writ or Defences 01/10/2010 Is the last day for intimating, together with your grounds, a note of any preliminary pleas 06/10/2010 Is the date of the Options Hearing." now I'm really panicking because I have until just next Friday to submit a written defence and I've no clue where to start. I have not seen the agreement they refer to so cannot comment on the enforceability. I haven't seen the Default Notice so I cannot comment on whether that met the requirements. I have received no statement of account so I have no idea what the whole amount they are requesting is made up of and whether that accurately reflects what I owe. Does someone have any idea how I would go about defending this? I am unsure whether I should be issuing a CCA request at this time, i.e. send me a copy of the executed agreement. If so can someone please advise if I send this to HFC or the solicitors that are acting on their behalf in this action? Should I also ask for a copy of the Default Notice and a statement that gives a breakdown of the sum they are claiming? I'd really appreciate some help peeps. Sorry if this comes across as pushy or impatient it's just that with next Friday being the deadline I'll need to do something before Wednesday/Thursday latest to submit to court and I haven't had any feedback on previous post so thought maybe in wrong place. Many thanks in advance.
  11. Hi peeps, I have received court papers from an agent acting on behalf of HFC for a loan. I've attached a copy of the papers with personal info blanked out, I've had a read of this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html and just looking for some guidance and clarification on what to do next. The agreement they say was back in December 2004, I'm in Scotland but the bank are in England so unsure if Scottish/English statutory limits apply here? I haven't a copy of the original agreement and I made regular payments until around 2009 when I was made redundant I then went through the whole disputing charges, asking for a payment arrangement, telling their DCA's to get stuffed etc. No success. I haven't before heard from the agent acting on behalf of HFC in these documents so I don't believe they've approached me for payment before. I am unsure of the enforceability of the agreement and I have no idea if the sum they are suing for is accurate since I have no idea what it is made up of. I was thinking my next step is to write the following letter asking them to disclose information they are relying on including the agreement: IN SCOTLAND In the XXXX Sheriff Court Claimant -v- (YOUR NAME) Claim Number: (CLAIM NUMBER) Dear XXX REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below. I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties. Yours sincerely, XXXX (type, don't sign). I'm unsure if all information in the above thread is accurate since the case will call in Scotland. What do you guys think? Is sending the above the best next step? Bump! Bump! Any advice on this be much appreciate peeps. I have submitted form saying I plan to defend and paid £80 but no sure what to do next. Can't afford solicitor so gonna need to defend myself. According to sheriff clerk's office (who can't give legal advice), sheriffs don't like you defending yourself at Ordinary Cause. Well that's not my fault can't afford a solicitor! Hi peeps, I have been issued with an Inhibition Order by HFC and am frantic with worry and unsure what to do next. I do own property and in fact have my flat (in Scotland) up for sale because I am now working and living in England. I had a loan with HFC. I stopped paying it as I was out of work and couldn't afford repayments. Tried to make token payments but kept sending letters from various DCA's, even one offering settlement at a much lower amount. I did not respond to DCA letters. I then got work and moved to England but they commenced court proceedings against me. I am a contractor and if I don't work I don't get paid coupled with the travel to Aberdeen I couldn't afford to tend court. I instructed a local solicitor who charged an utter fortune for not very much, I asked him to get proof of the debt and breakdown of the debt and he never did. I discharged him because I couldn't afford his services, particularly when he wasn't helping me. I then received a letter from HFC's solicitors saying that Decree had been granted (they are writing to me at my address in England) and that had gone to court Audtor for inspection. I didn't know of the court date, whoever issues that I assume has tried to serve documents in person and not posted to my England address. I have now received an Inhibition Order which prohibits me from selling any property in Scotland. the problem is I am selling my flat in Scotland, I cannot afford to pay rent down here and the mortgage on a flat. It was up for sale in the beginning of January, long before I got their inhibition order. Does this mean that I cannot sell? Does anyone know if they will inform potential buyers? I imagine this would put a few off and in this market..... ..I can't have the few interested buyers being scared off. Shouldn't I have been given a change to defend this action? Finally, this being battled in the Scottish courts is a real hindrance, it's just not workable. Is there anyway I can get this case heard in England? The debt is for around £9000+costs. I have no idea what the total sum sued for is, nor their costs and I have no idea what these costs are made up of. Thanks to the useless solicitor who is now chasing me for £2000 for doing nothing! Thanks in advance, Breakanegg. Court Papers re HFC Breakanegg .PDF
  12. I just love pretending I'm not me when ring, I say in my sweetest, most helpful voice "sure, hold the line and I'll just go get her for you", then I just leave the phone there and carry on with whatever I was doing till they hang up, I'm all for em wasting their phone bills Another time my brother was here when RMA called, he just picked up the phone and proceeded to burp down the line, LOL, I was in background pml, thing is, the muppet at RMA stayed there on the phone while my bother burped down phone at him Childish I know but funny as hell
  13. Hi peeps, I have an Egg credit card which had numerous problems with over the years. I was made redundant over a year ago and have been unemployed. I sent the letters requesting a payment arrangement and that they freeze interest and charges etc. I haven't had any replies. I've also complained to the FoS, they haven't passed to an adjudicator yet! Meantime I've CCA'd them and SAR'd them. The CCA doesn't look right to me but I've not a clue what to do next. I've looked at the letter templates but there's nowt there about the steps when believe a CCA is unenforceable. I have a number of debts, money advisor at Local Trading Standards managed to get them to agree to £1 month until I find work which thank the heavens I think I has finally happened. Anyway, Egg didn't respond to the Moneyadvisor and so I haven't been paying them the £1 month. Would someone be able to please help? Should I write to them saying I believe their CCA unenforceable because of x, y and z? I had a look at this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413 and it gives some great information on why these agreements aren't likely to be enforceable but doesn't say what I should do if I think my agreement is the same. Also, they have issued a number of Default Notices against me, I'm not 100% sure but I think, according this thread that they can't do that, so I was going to send them that letter.http://www.consumeractiongroup.co.uk/forum/letter-templates/131232-credit-reference-agencies-multiple.html They've also put a number of debt collectors onto me, the most recent of which have started sending the usual threats. I'm about to write to them with the usual "it's disputed so get stuffed" letter. Should I pay them £1 a month meantime or should I pay nowt whilst I'm disputing the CCA? Many thanks in advance Egg v Breakanegg CCA.pdf
  14. The good news is the Moneyadvisor at local council trading standards wrote to all banks, including AMEX and offered £1 month till get another job. 3 have accepted so far but nothing from Amex yet. I've used the OFT complaint form for unfair debt collection practices a few times now, they don't seem to accept this form from joe public. Anyone had any success with that? Is it a worthwhile thing to do you think? I'm including cerberusalert's bits about harassment in my letter to RMA, if they continue to call after that I'll be complaining to all authorities I've already sent copy of letters from RMA and details of their calls to the FoS and asked that they take it into consideration when investigating my complaint against Amex as further evidence of their disregard for OFT guidelines and Lending Code.
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