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Everything posted by give_me_it_back

  1. Right! I've had a re-think, gone through the mountains of paperwork, and decided not just to roll over! If I don't understand it, it's because it's not clear! I have written this letter... Comments/suggestions gratefully received: Thank you for your letter dated 28th February enclosing an income and expenditure form. I am under no legal obligation to complete this. I have taken advice. You have still not answered my queries, to which I am legally entitled. The information which I have been sent is not clear, and it is also not complete. Until such time as I am in possession of all the facts, this case is still in dispute. I need the answers to the following questions, and this must be laid out in a simple to understand, and legal form: • I was never issued with a default notice. Please provide this. • I was also never informed of the sale. Please provide this also. • When did arrears begin? • When was the Possession Order given? • What valuations were made on the property before the sale? • With a total advance of £58k and a sale price of only £33.5k, I question that this property was undersold. • In a previous letter, you tell me that only £111 was spent on maintenance. I cannot see that there was any effort made to secure the best price. • How was the house sold? If it was at auction, was this the first effort made? I need to see copies of particulars and adverts placed which prove that, as the FSA states, the Halifax abided by their duty of care and obtained the “best price which can be reasonably obtained” • Has a claim been made against the indemnity insurance and how much was recovered? • How has interest been calculated from the start to arrears? • What penalty fees, charges, and litigation fees were added to the account prior, and since, the sale of the property? I was also informed that Halifax have “mislaid my file” Under Schedule 1 of the Data Protection Act 1998, the Key Principles of processing Personal Data put a duty of care on companies, and the loss of this file is a serious matter, and clear breach of those principles. Seeing as Halifax have said that they have destroyed all pre-6 year records, then on what grounds have they instructed you? If my file has been destroyed, I need to know how this was disposed of. It is still not clear to me that you have the authority to be collecting any debt, as I have yet to see authorisation. A photocopied letter from Halifax is not enough. I need to see proof of title. You say that, as the action was raised under Scottish Law, English rules cannot be applied. In Scotland, recovery on mortgage shortfall interest is frozen after five years. Until I have all the information to which I am entitled, and all my questions have been answered in a clear, easy to understand, concise and legal form, I cannot correspond with you any further.
  2. The problem is, I'm not really sure what I am looking for and if what they have sent is the right thing at all. They keep saying it is, but I don't know how to prove it because I have never seen it before... I really don't know what to do...
  3. I believe they have given me all they are going to, and it's clear they're not going to give any more. I am too stressed to fight any more. I just want to set up payments. What wording should I use/laws should I quote when telling them I am under no legal obligation to fill out the income and expenditure form, and also to prove that they cannot come after me for fees?
  4. Have now heard back. They have enclosed a form for me to fill out with income and expenditure. Do I have to do this, or can I simply make an offer of payment? They also say that, as the action was raised in Scotland, and my point about fees not being recoverable is an English law, tough! I need to pay them! That doesn't sound right with me.... Thanks for help!
  5. Thanks, Alan. Is there a template letter anywhere for the response?
  6. Have now heard back from Irwin Mitchell. They say the Halifax are satisfied that they have now sent all that they need to, and have responded to all my points. They have sent copies of documents etc, so I think we have probably reached the end of the line now... They ask me to submit my proposals within 7 days. What should I now do?
  7. Hello again twaddle. Yes, it was CIS (Counselling Intermediary Services) that I dealt with in my case with Halifax http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/34039-dca-old-mortgage-debt.html They eventually gave up as they could never provide me with the information I asked for and passed it back to Halifax, who now passed it on to Irwin Mitchell. They have apparently sent my letter to Halifax (ie - the one that CIS already sent Halifax and they could not provide answers for!), so here we go again! I wouldn't worry about CIS - just keep sending the letter requesting all the information to which you are legally entitled. I suspect they won't have it.
  8. Very good point Priority One.... Irwin Mitchell said that they passed my letter to Halifax and that they will send me a full letter in due course... I'm waiting with baited breath...
  9. OK.. now I have received a letter from 'Irwin Mitchell' who say that Halifax are now THEIR clients! Does this mean that CIS have sold it on again!? They say this is my final opportunity to settle prior to court and I must pay within 7 days. I have sent the same letter to them that I sent to the last lot - show me the legals to which I am entitled to. Is this the right thing to do? Should I do anything else? What can I expect next? Has anyone had any dealings with Irwin Mitchell?
  10. Very similar to my case at http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/34039-dca-old-mortgage-debt-4.html I must admit I find it all very complicated (not helped by the fact I am 38 weeks pregnant.) I am a bit lost as to where twaddle and I should go next... Priority One has been very helpful, and has told me recently: There may be no point in writing back to the DCA.... as they have said that they are passing it back to Halifax. That implies that they are not the legal owners of your account and could not take legal action against you in their own right anyway.... When it's passed back to Halifax... they will contact you regarding payment. A lot depends on how they contact you.... they might mention a F & F in their letter.... they may not. You will need to look at the S.A.R - (Subject Access Request) from Halifax in order to determine the amount of unlawful charges they have applied (if you have not already done so)... but, they may be willing to accept a low F & F from you when it's returned to them... which would be less than the amount outstanding after charges have been re-claimed, just to close the account down. In which case, there may be no point going after the charges.... They will not want to keep the account running forever.... and if you are unable to clear it.... they could be collecting for a long while, which I doubt they will want to do.... so an F & F is definately worth considering. Have you an idea of the level of charges Halifax have applied ? I need to go and dig out the paperwork I got back from Halifax - which I seem to remember was useless.. and confusing...
  11. THANKS Priority one! The SAR was very minimal, and didn't show any charges at all. I will write to the DCA one more time - enclosing all the copies and sending recorded. They are clearly lying anyway, as they say 'we have not heard from you', so why have they been responding to my letters!? If it is passed back to the Halifax, will I still be able to offer monthly payments? thanks
  12. Ok... NOW, I have heard back from the DCA and they say that they have not received any of my letters! I will send copies (recorded). However, they threaten me that they will now refer this back to Halifax and recommend litigation. What do I do now!!!??? I am about to give birth and this is causing HUGE stress!!!
  13. Ok... NOW, I have heard back from the DCA and they say that they have not received any of my letters! I will send copies (recorded). However, they threaten me that they will now refer this back to Halifax and recommend litigation. What do I do now!!!??? I am about to give birth and this is causing HUGE stress!!!
  14. You are absolutely correct with your assumptions, and I agree that is is very ufair and totally extortionate. I will write a letter - not that it will make the slightest jot of difference to them, but I want to let them know! Thanks.
  15. I think you're probably right... It does say in their terms and conditions (which, of course, I don't read until this far down the line!) Bloody disgrace! Ho hum!
  16. Hi. I insured my car with Budget on 13th February. Today (only 14 weeks later), I called to cancel the policy as I have sold the car. They tell me that I need to pay £55 'cancellation fee', as well as a percentage of the total cost of cover. I paid £159.67 in February for a years policy. Today, after cancelling, I will receive back the princely sum of £24! It has therefore cost me £135 for 14 WEEKS cover! I asked what this 'cancellation fee' covers, and was told: "Nothing. That's just the cost to cancel". Sounds suspciciously like a penalty charge to me... Is this legal? Thanks
  17. They WON'T come! They threaten this ALL THE TIME. Do NOT panic. IF by an absolute miracle they ever do land on your doorstep - DON'T let them in! Agree to ONLY respond to letters. Please have a good look at the other threads etc on this site and you will see the best way to handle situations like this.
  18. Absolutely outrageous! Take this ALL the way! Let us know how you get on.
  19. The Council of Mortgage Lenders..? No... I must have forgotten what that was all about... Can you refresh my dim memory? Thanks
  20. NCO - as they seem to just pick numbers out of the phone book and 'chase' for non existent debt! Doesn't seem to matter if the people they are calling aren't who they say they are, or don't actually owe any money to anyone! Scandalous!
  21. Hi all I eventually heard back from CIS - just a copy of their previous letter saying "You will have heard back from our client now. Find enclosed an outgoing breakdown form. Fill it out and cough up'! Words to that effect anyway! So I sent them a copy of the letter I sent the last time too! Two can play at that game! What a ridiculous roundabout!
  22. Oh here we go again... Although it does not say on this particular thread, NCO were contacting me with no reason. They have the wrong person. I do NOT owe any debt!
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