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Everything posted by Tabbymog

  1. There won't be any more posts from me for you to approve or unapprove. It is your attitude that is disrespectul and unacceptable and I do not associate with people like you.
  2. I've laid out very carefully and completely the injuries and distress they've caused me. I have the correspondence they've refused to answer. I have the medical evidence. I don't care whether that £1200 or so is called 'interest' or not. I don't care who pays the damages, I'd expect it to be their insurers, it's not my concern. I have a cause of action, my insurers are satisfied with that. Your own Guide makes much of the power the FCA's Conduct of Business Rules gives the service user. Have you read it? I'm following its advice carefully. I'll let you know the outcome in due course. I've done a lot of litigation work, from PI to ADR construction claims as well as conveyancing so I have a good background as to process and proving a case.
  3. That is exactly what I want - justice. Without you knowing what my disabilities are and the effects Acenden's multiple failures have had on me you can't know whether I probably have a case or am just blowing hot air. I have a case. DAS know my situation in detail and are happy for me to go to the next stage taking action myself. The insurance will kick in when they are satisfied I've given Acenden enough time to show whether they're going to negotiate reasonably or not. DAS are happy that my situation justifies these short deadlines. If the interest arrives in my account by this Friday the deadline for agreement on damages becomes 27 January, with payment five working days thereafter. If the interest doesn't arrive by Friday, I file the claim next Monday.
  4. You mean they can refuse to pay a large lump sum to its rightful owner for no good reason, and not pay interest on it? Doesn't the Law of Property cover something like that? It's about 10 years since I did any conveyancing work and an issue like that didn't come up in relation to this situation. I'm going to be suing Acenden for damages anyway for their breaches of the FCA's Conduct of Business Rules under several headings including severe damage to my physical, emotional and mental health - I'm severely disabled and the archetypal eggshell plaintiff. I’ve been denied the opportunity to find myself a home that can be adapted to my needs for an unreasonable amount of time while being forced to live in accommodation that has features that cause further damage to my spine. I don't expect they'll agree the kind of figure I have in mind in negotiations but that figure is well researched. Not paying someone money for 44 days days after it became due definitely is a breach of those FCA Rules. The FCA introduced those Rules after 2008 and take them very seriously, most especially the 'Fair Treatment' Rules which I intend claiming for breaches of. They'll pay interest one way or another. So far they've refused to account to me for the payments they've made out of money that's otherwise mine and have even refused their solicitors permission to send me copies of the accounts. The ****** are going to get thoroughly sued. To get me to abandon strongly held principles when I don't know yet what my physical injury amounts to although I know it's serious; when I can't quantify my losses in terms of loss of property through not being allowed back into the house after the repossession until I have unpacked in my new home, that's a very high bar for them to get over. I already know that £1,100 worth of camera equipment was stolen on the day of repossession; a £300 Bluetooth streamer that pairs with my hearing aids has gone missing; the movers who brought some of my property to my present accommodation smashed a £1000 computer monitor, a £400 scanner and a £200 printer. All that has to be accounted for and repaid plus whatever I find is missing later on that I can produce receipts for, which is 95% of everything I own. Oh yes, Acenden are going to get thoroughly sued and I have DAS legal insurance cover for that. I’ve already spoken to DAS about this and am complying with their requirement for me to follow the Court’s pre-action protocols before issuing proceedings. In these circumstances where my health and wellbeing are demonstrably suffering to the extent that I can no longer manage my disabilities and look after myself properly, the short deadlines I’ve given Acenden are entirely justifiable. Did I say Acenden are going to get thoroughly sued? Acenden are going to get thoroughly sued, successfully. Cheers.
  5. Re my last post, yes I do know the solicitors don't have that money, it will have to come from Acenden, the mortgage lender's agent. They're not the actual lenders, SPML are.
  6. The sale proceeds, but no interest, arrived in my bank account today. I looked at 1pm and only saw the usual stuff. I received an email at 4.28 p.m. saying the proceeds had been sent. £134,658.85 is there. I've emailed the solicitors saying that to avoid immediate issue of legal proceedings they need to pay me the interest by the deadline of Friday 6 January. We'll see.
  7. Thankyou Ericsbro, I really appreciate it. I did find a page on the gov. website that showed how it was calculated and it's clear it was simple intereset, I was wondering whether it was compound or simple. Now it's wait and see until Friday.
  8. Thank you for that. I was thinking in terms of the way interest is (maybe was) calculated on conveyancing transactions that fail or stall for some reason after contracts have been exchanged. The Law Society standard contract irefers to a specific percentage over MLR, as did many commercial contracts I've seen.
  9. Thank you for your reply! The figure for interest used to be 4% over MLR calculated daily. Now that MLR is so low a higher figure than 4% seems reasonable. Thank you for the info. I can't imagine how a commercial company should get themselves into this situation; they don't even seem capable of instructing solicitors properly, and Dentons don't seem capable of explaining to their client what they need to do to get the job done properly and professionally. With a registered title completion is only paperwork and electronic banking. I used to do it myself. The only complicated bit comes before exchange of contracts on the purchaser's side. It's a good thing I have legal expenses insurance, with DAS.
  10. Hi Andy Thank you for your reply. I’ve instructed a solicitor for the future conveyancing and completed the identification procedures – this was before Christmas. The solicitors will also be drawing up my Will and acting as my Executors when the time comes. We’ve agreed all this. I have no family and all my close friends live in continental Europe, so it’s all necessary. Do you know how difficult it is nowadays for a little greyhaired old lady off the street to find a solicitor who will act for her without an existing client able to vouch for her? Such disrespect. If there’s a forum for this I can name two firms of respected solicitors who gave me the bum’s rush without even bothering to consider that helping with a smaller issue could lead to further work, and that ........ people talk about their experiences. When I was younger I had an ambition to be a cantankerous, independent old bat when I retired, a mad cat lady. I think I’ve achieved that ambition, despite being severely disabled, and I definitely have the mad cat. The situation is a lot more complicated I've said so far. Dentons, the solicitors acting for Acenden who are holding the sale proceeds, said they needed proof of my identity from a solicitor acting for me before they could release the sale proceeds. They had this proof before Christmas and I still haven’t received the money. I actually don’t believe that they needed this proof as they were acting for the mortgage lenders and instructions from the mortgage lenders to send the money to my bank account is all that was needed. I have quite a lot of experience as a conveyancing secretary and although there have been some legal changes since I last worked in the field, I believe this is still true. The problem is Acenden, they are incompetent and very poor communicators. I’d better hold back my opinions of their honesty in a public forum. They made sure they instructed Dentons to redeem their client’s mortgage, but they didn’t actually authorise Dentons on the two equitable charges on the property – they did that after legal completion of the sale, which was on 18 November, 28th was a typo. This is crazy and they have no excuse for letting it happen. Dentons are also to blame for apparently not reading the office copies of the title. Solicitors have a statutory duty of care to third parties not their client but who are directly affected by their actions in service of their client. That definitely includes me. After studying the CAG Guide again, especially Chapter 4. I listed all my complaints about Acenden’s behaviour since the repossession, their effect on my health and disabilities, did some more research on the Web, and came to the conclusion that I have a valid claim against them for breach of their statutory obligations to treat me fairly enshrined in the FCA’s Guide to Conduct Rules. I’ve sent them a letter before action by email this morning which will be backed up by special delivery when the Post Office reopens tomorrow. I took note of all the advice in the Guide about how to bring a claim, thought it all through, and was very careful, polite and thorough in itemising all my heads of claim (five) and detailing their failures and consequences for me separately under all of them. I was also very clear about what I want and when I want it by. I won’t post those details in this post, probably later. I’m currently reading (again) the Practice Direction for pre-Action conduct. I’ll report back on the responses I get from Acenden and Dentons, if any. Now that I’ve decided on a claim, I feel energised and organised, and that I have a bit of control, quite amazing. We’ll see. Thank you for the Guide, it’s brilliant. Having some relevant legal background helps with this, but the Guide is what made my mind up about actually doing it. I also have litigation background too, in a different century. I can’t file this claim online because I’m eligible for help with fees. I have maximum award of Disability Living Allowance and don’t have a carer or claim care allowance, so I get paid Severe Disability Premium instead, which is paid as Pension Guarantee Credit. I need to make sure I preserve that entitlement in whatever I do in the future. More in a few days. Cheers.
  11. My home was repossessed by Acenden for SPML last April, and the sale completed on 28 November 2016. I have still not received the residual proceeds, amounting to >£133,000. Am I entitled to interest on this since the date of completion? I'm severely disabled, in temporary accommodation and my health, already known by Acenden to be very poor, is suffering. I need to buy a new home, I'm of an age where I'm eligible for an equity release mortgage, and there are much cheaper places to live than here. I desperately need to get out of here. Having read CAG Guide, can I sue Acenden for breach of the FCA Code of Conduct? It's a heavyweight document and would take me a long time to search for any pointers. Please, could someone at least point me to the section of it I need to read to find out? TIA.
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