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Found 16 results

  1. Step-daughter had a loan with Beneficial Bank back in 2006. Part of it was to repay a previous loan too, so two PPI claims to be made - maybe more. Have just sent SAR to HFC Bank in Coventry to see what they can tell us. We have a copy of the 2006 agreement, detailing the loan, repayment of previous account and PPI.
  2. My wife has about 40k in debts and is thinking about going bankrupt. The house is in my name only and we are worried about beneficial risk. The house was purchased before we got married and I paid the mortgage off 2 years after marriage with my own money. My wife has paid nothing to the upkeep of the house and improvements since marriage. My will leaves the property to my daughter Is there any risk to our house due to beneficial risk do you think?
  3. Hello everyone, I wonder if people can help here. I have got a CCJ against someone for 18K recently. I am looking at getting a charging order against this individual on their beneficial interest which i believe they hold in a property. Now they are not a legal owner (ie not on the title deeds) I know it is possible to get a charge against the beneficial interest,but i believe the court sets the evidence bar very high to prove beneficial interest. Before i embark down this path can anyone advise what evidence the court would require to prove the beneficial interest as i dont believe i would automatically get an interim charging order without a hearing or providing substantial evidence
  4. In May 2015, I started a thread on this forum regarding a debtor (Mr OR) who had followed advice from the internet and had issued an injunction against a local authority after his vehicle had been clamped by a bailiff. The debtor considered that his vehicle should have been exempt as it was subject to finance. Unfortunately, his injunction failed as the Judge ruled that there could be a ‘beneficial’ interest in the vehicle. Mr OR was ordered to pay the local authorities costs of £3,200. This was in addition to his own costs (the fee for the injunction alone was £395). A link to this popular thread is below. So far, it has received almost 13,000 views. http://www.consumeractiongroup.co.uk/forum/showthread.php?445251-Goods-on-HP-a-Judge-says-they-can-be-sold(1-Viewing )-nbsp In Sept 2015, I started a similar thread on here to warn members of the public that if they have a vehicle that is subject to finance, they need to ensure that they provide evidence that there is no ‘beneficial interest' in the vehicle. Even that thread has received almost 6,500 views !! http://www.consumeractiongroup.co.uk/forum/showthread.php?451273-Vehicles-on-HP-can-be-sold-by-a-bailiff.-Evidence-must-be-provided-that-there-is-no-beneficial-interest. Unfortunately, a couple of months ago, another debtor (Mr MH) also issued an injunction to prevent an enforcement company selling his vehicle (a mini cab). This vehicle was also subject to ‘hire purchase’. The difference with this case, was that the ‘value’ of the vehicle was approx £14,500, and the amount required to settle the obligation under the hire purchase contract was just £6,300 (leaving an ‘equitable interest’ of approx £8,200). The debtor lost his case in court on 16th August. He was also ordered to pay the local authorities legal costs of £3,400. He was refused permission to appeal. Neither the debtor or his legal representative have made an application to appeal and accordingly, given the importance of this subject, the enforcement company have given me permission to provide an outline of the case in the hope that it may help other debtors to avoid making the same mistake. PS: I will not be giving the name of the debtor, the local authority or the enforcement company. The facts of the case are all that is important.
  5. Well old Tawnyowl is thinking of going Vegan.Or try to slowly.Anyone in the forums Vegan. I do not know that much about it, but had some Vegan soup the other day at a protest. Very nice and made me think. 57 Health Benefits of Going Vegan http://www.nursingdegree.net/blog/19/57-health-benefits-of-going-vegan/ Also made me think when I read this as old Tawny's Arteries are not what they used to be.
  6. Beneficial interest on HP Agreements. I have tried to simplify this definitions in order to keep them in context with the current discussion regarding, if a vehicles on HP can legally be taken under control. The intention on this thread is not to discuss any success or failings of cases which have gone to court, it is just to examine terms which are unfamiliar to many on the Bailiff forum. It will be necessary to introduce some more terms, which should assist understanding within context. These are: “Property on goods” and “possession in goods”. Property in goods denotes ownership. A landlord has property in goods in a rental agreement for instance. This also applies to the creditor in a HP agreement. “Possession in goods” applies to the hirer in the above case. This is where he takes possession of goods for a period of years on in perpetuity under a lease. This also applies to the hirer under a HP agreement where his legal possession is prescribed by the terms of the HP agreement Interest in goods. An interest in goods occurs when someone who is not their owner, has rights in regard to a part of their value. There are numerous types of interest in goods, legal interest, equitable interest, beneficial interest, etc. All are covered by the above definition but they denote different ways the interest is held or recoverable.
  7. When moving house recently i came across a file detailing every statement for a credit card I had in the late 1990's that went into default, eventually leading to a CCJ that took me years to clear. Thankfully I was able to clear it, but at a fairly hefty cost. As a result of the CCJ, the collection agency the debt was sold to by HFC (now HSBC), TBI Financial, added all the interest right up until judgement, and right up until it was paid in full, some four years after judgement in 2007. Thankfully, because I contested some of the charges at the time, TBI were asked by the court to provide evidence of the agreement as well as statements. Copies of every transaction and charge were also forwarded to me. Just before i was about the shred and dispose of all this documentation, I noticed, when glancing at the statements, that I had been paying PPI throughout the time I had the credit card and a large percentage of the CCJ would have been made up of the PPI payments, plus all the interest on this. I know I can lodge a complaint to try and recover the PPI as I believe it was mis-sold at the time as I can remember being told that I would be more eligible for the credit card if I signed up for PPI, even though I was on a fixed term contract at the time. However, I'm sure HSBC will reject it on the basis that they do not keep records dating that far back, plus I suspect that as they sold the debt to TBI, all paperwork would have passed to them. My question is, as I have copies of everything, can I use these assuming the claim is rejected? or is this actually too old to lodge a complaint on in the first place. Any advice would be much appreciated, especially on how to follow this up. Many thanks.
  8. In 1996 my husband was declared bankrupt following a business failure. At that time I took over paying all the mortgage payments including all the insurance endowment premiums. At that point there was no equity in the property. In 2006 the Protracted Assets unit of the Official receivers "took" my husbands share of the property and the endowment policy although, by that point, I had been paying all the mortgage/insurance premium payments for ten years I made no effort to prevent them from doing so, I realise that was probably a serious mistake but it's spilt-milk now. The property was eventually re-mortgaged (in joint names) to pay the receivers and my husband's name remains on the deeds, just because we never took it off. We did sign a Tenants in Common agreement giving me 100% of the equity in the home but did not enter it with the Land Registry, because we didn't anticipate another bankruptcy situation would occur. I continue to pay all the mortgage payments and all the endowment premiums with no help from my husband to this day. As a result of another business failure my husband is now considering bankruptcy again although he is in negotiation with his creditors, they are not showing much enthusiasm to agree a reduced settlement presumably because they can still see his name on the house deeds. He cannot get a DRO or IVA due to the size of the debt and his lack of income at present. All the debts are credit cards and therefore unsecured. The endowment policy has recently matured and I have the funds secured in my own private bank account. I paid the premiums for 20 years and I consider these monies mine. The interest-only mortgage is due in about ten months and these funds will be needed along with other investments that I have made alone. What I want to know is: Given that my husband has contributed nothing to the mortgage and endowment policies for the last 20 years are his creditors or the receivers going be be able to get at my home, again, simply because his name appears on the mortgage and deeds? Will either be able to claim a share of my endowment savings from my own account? Is it worth me instructing my own solicitors to protect my interests should court or bankruptcy proceedings begin or will I just be wasting my money? Thanks in advance for any advice.
  9. Hi, I have written to the creditor asking for proof of debt CCA ect and received no response However, today I received a claim form from County Court Business Centre, Northampton in the name of HSBC, who have been looking after this debt for a couple of years It is from Northampton County Court Business Centre but was posted from Newcastle and says all Documents and payments should go to HSBC Birmingham I assume all that is correct but how should I proceed? I am guessing I should acknowledge receipt on line saying I intend to fully defend and then send CPR 31.14 request to HSBC All help gratefully received
  10. I have received a CCA from HSBC dated 05/2005 Does not appear enforceable to me but would appreciate another set of eyes Also guessing it is a copy from microfilm or computer not from a physical agreement
  11. I'm trying to help somebody with a dispute over claimed beneficial interest in a property. The lady doesn't have a computer or the funds to seek legal advice, and as I've read (and had) so much excellent advice from the people on this forum, wanted to ask for any views/help. Thanks in advance and apologies for the long post. The situation is: The lady (L) was living in a housing association property (1) with young children following a divorce. She lived there for roughly 5 years and then met a man (M) and they became partners. M had his own small house with no mortgage (2). L was informed by the housing association that she could purchase her property under the right to buy scheme, with what she recalls as a 50% discount from market value. After a year or so, L + M decided to live together. Whilst visiting friends and explaining their plans, their friends told them that a nice house (3) in their street was soon to go up for sale. L + M viewed the house and after discussing price with the owner, decided that they would like to buy it - the plan being that they could jointly finance it with the 50% profit of house 1 and the sale of house 2. L wasn't in a financial position to purchase her house (1) under the right to buy scheme and not able to get a mortgage. The value of M's house (2) was about 40% short of the asking price of the new house (3). L+ M went to a financial advisor who advised that they take out an endowment mortgage as a temporary measure (to secure house 3) until both house 1 and 2 had been bought and sold. As L was ineligible for a mortgage, M took out the mortgage in his sole name, and arranged all of the conveyancing through his solicitor. M was able to raise the funds to allow L to buy house 1 under the right to buy scheme, which she then did (although M arranged all the conveyancing through his own solicitor). The Land Registry title states that L was the sole legal owner of house 1. House 1 was then sold for a 50% profit. House 2 was then also sold. The endowment mortgage was then paid off with the joint proceeds from house 1 and 2 and they moved in together to house 3 (mortgage free). The Land Registry title states that only M as the legal owner of house 3, I guess because the endowment mortgage used to buy house 3 was in his name. L + M married the following year. They remained happily married for almost 20 years,and in a relationship for almost 30 years in total, but are sadly now divorcing. House 3 has increased in value by 400% since they bought it. M wants to sell house 3 and move away to another city. L does not want to stay in house 3 for strong personal reasons. M is claiming that he is the sole legal owner of house 3, that L made no contribution to it's purchase and therefore has no beneficial interest in the house. M is stating that L kept the 50% profit from house 1. M refuses to disclose the solicitors used to purchase house 3. M also refuses to disclose bank statements showing the different transactions, and says that as it was 20 years ago, the statements and conveyancing files are not available. On the information given above, any advice that I could pass on to L to help her with this dispute would be greatly appreciated. Kind regards Pattman
  12. Hey all, Waaay back in 1997 i took out my first loan with Beneficial Bank. At the time i was told when offered PPI that i might not get the loan if i didnt take it - I was in a full time job that gave me 6 months full sick pay then 6 months half pay if needed. Anyhow - just the not getting the loan part if not taken is enough to be mis sold correct?? What i didnt realise was that i renewed the loans to the tune of 5 times no less! each and everytime with PPI on it. I was never offered any other advice, the figures they quoted at the times just included the ppi on top! Now i have attached the signed loan forms bits from the last 3 times (first 2 they have no records for apart from Acc numbers) and also a form for what looks like a insurance policy schedule for payment - however the figures on it dont match with the loan it was for - £338.76 on that form but its for the loan where £171.36 is shown for ppi??? So it has confused me completely!! I have tried to do the spreadsheet to work out figures to claim for, but without the first 2 loan amounts i dont see how i can do it? As you can see - the total for ppi and interest paid out totals £4139.52!!!! and thats without the first 2 loans and does not include that £338 figure as i dont know what thats for????? I see 8% mentioned - is that just 8% of the £4139?? Should i just send a complaint letter off to (now) HSBC and a FOS questionaire and see what they come back with??? I didnt expect them to send me such a good amount of info to be honest - the forms i have uploaded below are priceless to me now! Any help greatly appreciated as to best route next Thanks in advance.. Adam ps - i hope the attachments are viewable!!!
  13. ............or any other name they are calling themselves:roll: Tried phoning a couple of companys that reclaim for you, but as its not a straightforward claim they dont want to know. So I thought I would ask here for advice and possibly help and go it alone We took out a loan in 2004, it was more or less said it would be better if we took out the ppi, even though they knew I got 6mths full pay from my employer if I was ill. A few years later I phoned and asked to cancel the ppi only to be told that the only way to do it was, as they no longer did unsecured loans, I would have to take out a secured loan to cover the original loan. So as I didn't want to get a secured loan I just carried on. Unfortunately, in 2009 I was made redundent, so as I had the ppi, I claimed on it for the 12mths. I managed to get a job, but on reduced hours and money and arranged to reduce payments. I have recently found out that the ppi policy has been cancelled because of the reduced payments. I also believe the policy is what is known as front loaded. I also have the agreement that shows this. So, what I want to know is, do you think its worth me claiming?
  14. Hi All I am new to PPI claims and would like some advise if possible. I have discovered through looking back over old paperwork I have paid PPI insurance on a Beneficial Bank loan I had back in 1998 which I never agreed to. I was told I had to take out this insurance in order to get the loan. I was working FT and had no requirement for this Loan was approx £1500 PPI charge was approx £395 I have today rang through to HFC bank 0845 6023793 who advised me that they have no record of my account and that I would need write to their complaints department proving that I have paid PPI. They have asked that I send in a copy of my agreement and also a copy of the bank statements proving I have paid the PPI. Although I do have the original copies of the agreement unfortunately I do not have a copy of my bank statements going back that far. Does this mean I have no chance of claimimg this PPI. If I do still have a chance is there any advice you can give me to take this further and is their a standard letter template I could use Thanks for your help Regards B
  15. Evening, I'm not sure if I'm posting in the correct place but I hope someone may be able to offer some advice. My husband and I went bankrupt in 2007 discharged a year later. Purchased the beneficial interest in our property for a £1 prior to discharge. Since then no problems until a year ago when my husband lost his job and one of our children was taken ill and everything that could go wrong did. We are now in a position where we are 6 months in arrears (NRAM MORTGAGE) and our home is in negative equity. Now up till now NRAM have done nothing, no letters, no phone calls nothing! We speak to them weekly and yet are no closer to finding out what they intend to do. It seems they can't decide if we are liable for any shortfall if the house is repossessed. This is where I'm confused, I thought that when buying the beneficial interest this meant that we would be liable for any shortfall if the home was ever repossessed?? In a phone call this week NRAM mentioned something about signing a deed of assignment (I know we've never done this) So basically what I'm asking does anyone know if we will be liable for any shortfall, or can we just walk away? Thanks
  16. In early April my parents submitted a PPI complaint to HFC/Beneficial for an old credit card they had, citing the usual grounds for misselling. As usual, they'd sent the form via Recorded Delivery and knew that it had been received. After 4 weeks they hadn't heard anything by way of an acknowledgement/reference number so contacted HFC. I'm not sure how of the exact route but they were told that they did not know anything about it (despite having a receipt showing who had signed for it, when, etc., etc.) When it was explained that it was PPI for a credit card they were told to call another number. This put them through to John Lewis, who they never had a card with. After explaining the situation John Lewis told them to contact Marbles. Marbles (thankfully) were helpful and said that my parents were right to contact HFC/Beneficial as they were the company that sold the card/PPI in the first instance and retained the documents. Marbles provided a reference number and said they would look into it. Today, they called Marbles and explained that they had heard nothing from them and that it was now in the 9th week. They confirmed that nothing had been heard about it as yet and suggested they call back in 2 weeks. Alternatively, they could contact the Ombudsman. Does anybody have any knowledge of HFC/Beneficial at the moment? Are they experiencing delays/problems or is it just incompetence? Any advice and information would be useful. Thanks
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