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  1. Yes I am beginning to understand the scale of the issue and it is fine to want to defend a principle - if you can afford to
  2. That's part of it but to an extent the situation at the time meant it was done, but at no point did terms say your LPA Receiver could just add charges for doing nothing, whilst the Lender allows them to do it, whilst they also add charges for the same things, double bubble - must be a degree of collusion surely. Whatever it is it isn't ethical and also having unregulated LPA-R industry allows them to have many hats; receiver, property management company, professional fees collector, estate agent, property disposal expert etc etc all whilst needing no qualifications!!
  3. Am currently involved in situation with a loan from Together whereby they have served default notice and appointed LPA Receivers - who are trying to push towards auction of commercial property that loan is secured on, which obviously we do not want to do. Both the Lender and the LPA are not helpful in any way and the LPA is not acting on behalf of the Borrower given that the arrears is £1,600 and the figure the LPA-R wants is just short of £4k, and the Lender is charging another £2k for appointing him! Statement of account lists various charges such as 'Property Company Management Charges £xxx Professional Costs £xxx (this was followed 5 days later by exactly the same item - and amount!) I asked for an explanation of what these were for and proof of 'work' carried out when I know nothing has been done, Together stated that 'the charges are explained'. Eventually I have discovered that the LPA-R is actually the Property Management Company which is nice, and completely undisclosed by the Lender or the LPA-R who in theory is supposed to be working on the borrowers behalf. On the statement of account, for the 27 months the account has been running, the charges on the account actually total circa £6,500 - with the receivers costs on top, so a five figure sum. I was wondering if anybody else had encountered similar situation with regard to Together and their LPA-R of choice Waterfold, and if there was any advice as to how to deal with them and obviously challenge the 'plucked from thin air' fees?
  4. 'Could the claimants try and make me bankrupt when the debt was secured by a charge on property as requested? its a possible option but I doubt it ..the same a statuary demands..you cant issue a demand if the debt is already secured' This didn't stop them before when they had a charge on the property yet still pursued the bankruptcy - which I didn't think was legal?
  5. The questions I have are: 1) Could the claimants try and make me bankrupt when the debt was secured by a charge on property as requested? 2) If the answer to 1 is no, then how can they be charging any costs when they have had nothing to do as the charge was there, although they continuously claimed that they didn't have a charge on the place even though it was there and visible, so therefore they shouldn't have any charges to hit me with should they? 3) Given the two above points, should the courts review this as surely it shouldn't have been allowed to get to the point it did, and also it led to issues with regard to my business being disqualified from being awarded a large contract as I had to declare any such issues. Thank you
  6. Fair point will study the link but I am still bemused how they can charge fees for something they couldn't do anyway! Will also see if can counter claim as well, thanks
  7. No they haven't as yet the judge has said, and I cant remember the exact wording, that they can be discussed - which was when they 'plucked a figure from thin air' and which is on top of the full and final settlement figure they gave my solicitor over the house sale. When you say they can't why exactly are you saying that please,?
  8. The costs are for solicitors, letters written, telephone calls, work done on documents fees, court fees, advocates fees, process server fee (which we never had served and confirmed in writing by solicitors) counsel's fees. So pretty much normal solicitor's practise of charging for everything! Given that there wasn't really anything for them to do once debt secured on house can I counter claim for them wasting my time which I expended by preparing for court and attending etc etc?
  9. yes I have been chasing around and not thinking clearly so yes I agree - now need to deal with it properly and get it put to bed once and for all - so asking for help as have been a muppet
  10. No a judge hasn't ruled on SD The whole debt has been paid from house sale proceeds The outstanding issue is their 'costs'
  11. The Tomlin Order was before any charge was done, and yes they came after me for full outstanding amount once I breached the TO. This then led to me securing the full amount against the house. My point is the debt was secured at that point, they registered the charge and still pursued bankruptcy route - which they couldn't legally do? Additionally they were asked by my solicitor when house was sold what was the full and final amount needed to settle this matter. Got figure and made that payment so clearing the full amount of debt - now have been hit with costs that apparently weren't in the figure and shouldn't even exist as they couldn't legally get bankruptcy order as illegal therefore 'costs' are totally spurious and a complete spoofing!
  12. Yes what a 'lucky' guess that was! I missed a payment on Tomlin and boom off it went - and not in a good way as you can see.
  13. Was threatened with bankruptcy over unpaid debt. Agreed to secure debt against our house which was on the market and would enable us to clear the debt (unpaid school fees). The charge was placed on the house by the solicitors acting for the DCA mid 2016 so everything was as they wanted - or so I thought! In spite of having the charge they took us to court to make us bankrupt 6 times between them putting the charge on the property and a couple of months ago when it was sold and the debt repaid in full. Each time they argued that debt hadn't been repaid so they should enforce bankruptcy - even though I produced the Land Registry records showing charge existed yet no judge took it into consideration, maybe because I didn't have a solicitor representing me. We have also, and the solicitor agreed that they hadn't, never been served with a Petition. The hearing got adjourned several times and then they didn't turn up for a hearing so a judge dismissed the Petition, they reapplied for a hearing because 'their mail management system showed they hadn't received the details from the court of the hearing' - obviously! (If we had tried that one would we have been believed? ) When the house was being sold our solicitors asked for redemption figure to clear this matter, and another hearing was adjourned as sale was close, and on completion of sale the full amount was paid. A week after the completion the adjourned case was held and although I thought why bother going as all done, I went and was horrified that they are now claiming £6k costs!!!! How can this be and what can I do as this just never stops. I thought couldn't be made bankrupt if debt was secured, which it was, and so the costs they have allegedly run up are for them to make spurious efforts to make us bankrupt when they could legally do that. All thoughts welcome please
  14. I was wondering if anyone who has, or has had, a mortgage with DB Mortgages has managed to get approval from them to port their mortgage? If so when was this, what were the circumstances, i.e. buying new house or downsizing, and what were the criteria that they insisted upon. Also how long did the process take and were their any 'pitfalls' along the way? I am asking as it something they say they do and which I would like to do with my mortgage with them. I am looking to downsize house, release some equity and with some of it pay a lump off the current outstanding balance, not increase the term but reduce the mortgage size by 30%. Dealing with them is never straightforward so thought would ask the users for experiences! Thank you
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