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Everything posted by Crapstone

  1. Black Horse should only be able to take money from your ex's beneficial interest in the property. What that is depends on how your mortgage arrangements were made and what you have put into the property and what's on paper. You don't say what arrangements were made when they left or who owned what to start with so that's a bit tricky unless it's made clear. To contest it you need to have the judgment looked at by the court and set aside as you, as an interested party, were not informed at the time. I would suggest you send Black Horse a SAR based on the fraudulent use of your name and the property address. Anything they have should be sent to you. It seems as though you took out a joint mortgage and so it was assumed 50/50 but now you need to change it to tenants in common to reflect his true share and stop them taking any of your equity and to protect your share. Hopefully someone will be along to help you a bit better than I can but it's a start.
  2. Get in touch with your local Trading Standards as well and let them know of the problem you've had. At least that way they have a log of a report that there could be a hazard with them. If left to the companies it could be a long time until they have a possible recall. Just a thought..
  3. It's still the same issue as the CIS scheme is changing and you can't claim as self employed as previous and being paid through an umbrella company. The same thing would apply to the OP. As they have said it's hard to describe and complicated unless you are in the situation and understand what's happening. It's across the board so it doesn't matter if the OP is SIA or CIS. The purpose is to stop false self employment claims through agencies and try to move workers to PAYE where they can be closer tax monitored and regulated. OH works in same place, no contract and self employed. He now invoices the company direct as a Ltd. company and it's made a difference in actual earnings compared to previously and what we can claim back is much higher.
  4. Just been through all this and it's easier and more beneficial to start as a limited company, (even on just a personal level) than stay as self employed or PAYE. Look for a good accountant and not one that wants to sign you up for VAT or still take CIS Tax!
  5. You make it far too complicated. An easier way is offering a rent to buy scheme in which the tenant can use their deposit and a proportion of their rent they have paid to buy if they choose to when their lease is up. I know it's an option in Canada but realistically the house prices here are above what first time buyers can possibly afford. How can they afford mortgages of even a 100k with interest hikes looming and minimum wages but maximum expenditure on basic services? If anyone should know it would be you that it just doesn't pay to own your own home. You get zero help and can lose the lot in the blink of an eye. We put far too much emphasis on owning property and it looks good from the outside but on paper it's a nightmare with all the added costs and having it as an asset. You won't get anywhere with your stance and should re-think it from an outside point of view and why this has happened.
  6. Where's the new thread? Surely you need a court order to prevent a 'visit' and a valid reason for doing it? Can you say you owe a company/council money so therefore you object to them being on your land and would like an injunction? A notice would not suffice. The law is pretty clear on what a DCA can and can't do and just asking them to leave is enough. So that just leaves you with bailiffs and again they are not going to take a blind bit of notice to something that has no legal implications.
  7. CT is a priority debt and it's never too late to ask the council to take the debt back, call off the bailiffs and not apply the fees. For them to help you have to tell them and establish a named contact. The letters are automated so there isn't much you can do to stop them but you can set up a payment plan, alter dates etc. so you don't have bailiffs loading your stuff on a van or making off with your car. The notices are just laughable and have no legal foundation even for a DCA. All they seem to do is confirm that the debtor is living at the address, which is what the DCA would be trying to establish by making a visit.
  8. I'd just ignore them both although they will keep sending letters and it will keep getting passed on to other debt collecting companies. For a £61 almost 6 year old debt they aren't going to do a fat lot to chase it. Do keep all the letters you get from them but if they were going to do something they would have done it by now.
  9. Perhaps my saying 'deliberate avoidance' was harsh. But when it comes to Bailiffs people have to realise that they need to limit the damages and not let it get that far. Shoving your head in the sand and putting up worthless notices is doing nothing other than adding to the bill and it just adds up if they keep having to return. Proving a Tort of Trespass is difficult and you have to prove a loss. From what I have learnt they have to have been there previously and denied a return as it would then be trespass. A letter sent before a visit would not be trespass. But if you were visited by a DCA then you can instruct them to leave the property and not return as that would then be trespassing. What could you claim for really? Loss of enjoyment of the property? Bailiffs have a right to be there to recover the debt, rightly or wrongly someone has to do it. By the time the Bailiffs are involved people have had plenty of time to contact the claimant and make arrangements. It seems more like people that are trying to play the system that are using the notices and not ones that are vulnerable. Well that's my view on it...
  10. I wonder how those people putting up or sending the notices would react if they were 'blacklisted' from police, fire and ambulance services attending through their non-payment of CT and deliberate avoidance?
  11. Hi bluebirds, Yes I did manage to get all my charges back from them after taking them to the Ombudsman and just by disputing what they say when they claim to have lost payments etc. You will need to have all your statements first and SAR them for both parties if it's a joint mortgage. It helps if you also have all the letters you have sent them and vice-versa, along with any times and dates of phone calls. Write down how it went wrong and when as a sort of timeline. How did you get into arrears, why were you charged and what did you do to address it? I don't mean here but for your own use. It's a bit like fitting a jigsaw together and you need to look at the SAR(s), reference them against the letters and the statements and add up all your charges they have applied. It sounds difficult but it just takes patience, a calculator and an eye for detail as I know their charges aren't labelled clearly at all. The same with the SAR(s), you will have to read through it several times but hopefully you'll spot something such as a payment recorded but not showing as credited/or late or it shows your insurance copy as received but they have then they have denied it and charged you block insurance. Mine showed up they had received payments but not cashed them. They were charging me for not paying by DD, even though it was their fault and the fault of the bank that it wasn't set up correctly. Charges were fictitiously applied and they put on legal charges that they could provide no proof of and didn't have receipts or a breakdown for ones that could have been classed as legitimate. It seems a bit of a daunting task faced with a massive pile of paperwork but just work through it at your own pace. It will take a few weeks to do but it is worth it. I always suggest waiting a few weeks, if you can afford it, and sending in another SAR as they may not blank out the same bits as they did before. My claim was rejected twice before pushing it up to the Ombudsman for a final decision. If you are trying to pay off arrears and those charges are eating up what you are trying to repay then I've found that both the Ombudsman and judges see sense and will stop them. I can only speak about my own experience and you do really have to fight at it. Just ask if you need any specific help and if you give your situation then I'm sure others, with more experience than me, will also do their best to advise you. Probably best to start a new thread or post up the link if you have one already.
  12. The idea of keeping a roof over your head is paying the mortgage and knowing what type it is you signed for. But you seem to say that you didn't know and had 4 children to raise as an excuse. Did you have a plan in mind for paying off the capital and it fell through? I've had statements and leaflets from the same company and it does clearly state about interest only mortgages and the importance of having a plan, even though mine is repayment. Unless you are honest then there is nothing anyone can do to help. You say you have plenty of equity and at least one child seems to have left home so at least that does give you the opportunity of selling if need be.
  13. My apologies if you aren't in arrears. Usually people only question their mortgage if they have an unpleasant experience with it that usually leads on to arrears. As a consumer your buck stops with the lender, and not who provided them with the money. In your case Ascenden seem to be dealing with your account? Establish a contact name with them and ask them to provide all the details you need for your account. It does take a while, and some hammering at them, but a few months later I managed to get all I needed. As bhall has said, you need to get everything together and sit down with a calculator, although there are some online that will help you with the interest etc. I did all mine manually to get an idea and then used several other methods to check. A long process but worth it. Most of my SARs were screen dumps and they can be the most valuable, if you have the patience to read through them all. Not quite sure where you are going with this. Nothing prevents it from being securitized, which I think originally came from Denmark and not America. As for the insurance just refuse to name them. I do and nothing happens. You said you'd lost your documents in a house fire? Were they in the mortgaged property?
  14. I'm afraid you are barking up the 'Apple' tree. I don't believe you are a new poster as you sound very familiar to posts made 2009 + under several different names on the same subject and in the same style. SAR them, several times if need be, and take them to the FOS. You don't have to put them on your insurance if they aren't the lender. Stop fussing, get your charges back and start clearing arrears. Did you read what the chamber said? You followed the thread enough times to know the outcome.
  15. I should have said except any in or around London! If holiday prices keep rising it won't be long before we start clinging to lorries to get out of the UK. I can have 2 weeks in France for less than it costs for 4 days here. I had 3 weeks in Denmark a few years ago , the ferry fare cost more than the house we stayed in but still was under £1200 and that was over Christmas. And it was a whole house, not just a room, caravan, tent , B&B, hotel or a lodge. Sauna room and hot-tub were included along with log burning stoves. I can't think of anywhere I really like in the UK. Maybe St. Bees, parts of Cornwall and Somerset but it's just tourist hotspots that you pay a premium for sharing a small space. Over crowded, over priced and over rated.
  16. My better half started collecting 50p's when they released the Olympic ones, of which he now has several complete sets. He's got 4 of the Kew ones
  17. Hi misssk06, They should have a valid Consumer Credit License to act as a debt councellor or an IFA. Try looking for them here: http://www2.crw.gov.uk/pr/Default.aspx
  18. As Ben has stated it was pretty easy to get a copy of the decision. I have had exactly the same email and am expecting a copy to hopefully land through the post tomorrow. I fail to see how NONE of the parties have had a copy yet or even know the outcome. I'm DUMBSTRUCK that you are actually sticking to that story! The decision quite clearly states that any appeal is futile and all other cases relying on the same basis will be dismissed. I hope you don't cause your 'friend' any further misery or costs in pursuing this 'fanciful' theory.
  19. Lol. I remember that. Can't beat those films! I just keep thinking we are being treated as mushrooms! Kept in the dark and fed on ..... (Insert a word as appropriate)
  20. There is a 5th possibility. Settlement outside of the PC with the case dropped and the arrears settled by the borrower. If I were the lenders council then I'd be DUMBSTRUCK if that happened.
  21. Maybe it's got lost in the postal system and they are still waiting for the decision to land in the letterbox? Or their dog ate it before they could get to it or the lender stole the posties bag. Either way there will be a perfectly plausible explanation for the absence of any information forthcoming I'm sure.
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