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Found 18 results

  1. Hi, Sorry for the details but its been a long stressful journey that never seems to get better. We started the process of buying a new build property using the shared ownership scheme in early July. We used the builders recommended mortgage brokers and conveyancing firm. This is where the problems started. The mortgage broker messed up our income calculations and we ended up with a hard credit search from a lender that would not have lent to us. They then could only find 1 more lender who deals with shared ownership but needed 5% more deposit. We managed to get the extra 5% with help from family so continued with the purchase. We instructed the law firm and got a fixed quote. Later on they said they made a mistake and asked for more money after we had instructed them. All of this we can live with. But now, 11 weeks after we first instructed the law firm, the housing association who is part of the shared ownership transaction has said we must exchange next week and complete 2 weeks after this or they will withdraw from the sale, leaving us homeless if this does not complete as we are currently renting. Our conveyancing firm said they had been waiting for replies from the other side but did not chase them up even though it had been 20 days since they sent the queries. This left it too late for us to exchange and complete on time. We need advice as to where we would stand legally if we do not complete on time? Do we have a case to claim against someone for our financial losses so far? I can provide more details if needed. Cheers Digots
  2. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  3. Hi all, I'm kind of in the same boat with these guys, http://www.consumeractiongroup.co.uk/forum/showthread.php?476654-Australian-Debt-Complete-Credit-Solutions&p=5042016#post5042016 but for a far less amount ($5k). Im based in NZ - long story short the debt is in my name, but don't trust your (now ex) girlfriend in an absolute manner to settle the debt on breakup, even though its hers! No amount has been paid on this in two years. What is a reasonable timeframe to propose for a payment arrangement? Its a rather small(ish) amount, so I do know they won't be spending large amounts of time/money recovering a debt from someone based overseas. Any and all advice/direction would be greatly appreciated. The lady on the other end is an absolute hothead and hung up on me, so I'll keep that ace up my sleeve if they try to play hardball (I did state I was recording the conversation). Total amount - just over $5kAUD Debt - Personal Loan with Commonwealth Bank Im based in NZ - long story short the debt is in my name, but don't trust your (now ex) girlfriend in an absolute manner to settle the debt on breakup, even though its hers! No amount has been paid on this in two years. They have been trying to call me for months, but have ignored, but I did pick up a call from them expecting it to be someone else this week. Documentation (Notice of Assignment of Debt) has been emailed through to me on request. What is a reasonable timeframe to propose for a payment arrangement? Its a rather small(ish) amount, so I do know they won't be spending large amounts of time/money recovering a debt from someone based overseas. Any and all advice/direction would be greatly appreciated. The lady on the other end is an absolute hothead and hung up on me, so I'll keep that ace up my sleeve if they try to play hardball (I did state I was recording the conversation). Cheers
  4. Hi there, I have recently been contacted by the above company about an outstanding debt from my time in Aus, I left 5 years ago. They have called and emailed (not sure how they got my details plus my name has changed). Below is the email from them, firstly I don't work, I am a stay at home mum and secondly, I just need any advice possible on what my course of action should be - any advice much appreciated. 'My office has made several attempts to contact you to discuss your outstanding Commonwealth Bank Personal Loan matter that has been assigned to my office. Your balance as of today currently stands at $xxxxx with interest continuing to compound daily at the contractual rate of 15.9%p.a. For your reference, I have also attached the following documents: 1. A copy of the Notice of Assignment letter issued to your previous address confirming your matter has been assigned to our office. 2. A copy of the Final Notice letter issued to you today, outlining the current status of your matter. Our investigations confirm you are now residing in the UK and are no longer in Australia. With this being said, I kindly request you contact our office to resolve your outstanding balance. Unfortunately, if you do not make contact or if we are unable to resolve this matter with you, we will be transferring your matter to our UK agent, who will be instructed to make direct contact with you to recover and secure your balance. Please note, it is our preference to resolve your matter without the involvement of our overseas affiliates. Should your matter be transferred to our UK agent, the full balance plus all interest charges & transfer costs will be due and payable immediately. However, should you be of a mind to contact us, I will happily discuss a commercial outcome to settle your legacy matter in Australia. I look forward to hearing from you. Kind regards,'
  5. Hi please can someone help me. I was awarded a suspended eviction order on 9th November 2009. Whereby the judge ordered if I had to go again I had to go before him and He would basically chuck us out (due to me being there previously) That was dated until November 2010 - Will this be relevent now. Mortgage is with Santander. I have fell behind a few times since just before xmas, but ALWAYS made it up. I am up to date with my payments. And dont owe anything til end of September. My arrears currently stand at £856.71 I have been away on holiday, and come back to a Warrent for the possession of property. Eviction will take place at 28th August at 10.20am. Santander, phoned me in on 20th July - My payments where up to date. Requested I went through a income expenditure with them - right there and then on the phone. I was at work and requested they put the forms in the post. I promptly filled them in and posted them back. Santander say today that because they didnt get them & I defaulted on court agreement they either want the Full £856.71 or the House. Please help me Please help 1 small child and a pretend teenager. Reading through some of the other threads, people have been evicted for being up to date. Really starting to panic Forgot to say I do work, and can pay the mortgage. Just messed my money up a few times this year. But It was payed as soon as, And I am up to date
  6. Hi Guys, I'm new to cag, so I hope what I'm putting is ok. I have read most threads if not all on here about similar cases but I wanted to start my own to get some advice that is specific as there is so many different things being said. Are Complete Credit Solutions Pty registered with AU FOS or Asic or should they be to carry out collections? Thanks for any answers in advance.
  7. Hello. First post to the forum and well, what a mess. I think I've posted this in the right forum as there is no mortgage involved in this. When I found myself in the incredible situation I'm in, which I will expand on in a moment, I had a look on various help forums to see what information I could find on what happens when a property sale fails to complete after contracts have been exchanged. I found lots of posts along the lines of "in 20 years of conveyancing/being an EA I have never seem this happen" etc. So... Let's see what the experts here make of this. It's quite a lot to get through, but I suspect the devil is I the detail. Around Feb this year I was selling my house due to separating from my partner who wanted her share of the house. The only way to finance this was to sell and downsize so reluctantly I did what I had to do. My estate agent, ill call them SW, found me a buyer, an offer was accepted. After looking around, I found a park home property that I liked which I could buy outright with my proceeds and the thought of being mortgage free rather appealed. I then discovered that you were supposed to be fifty to live in this residential park, and I was just about to turn 49. I should stress at this point, I have not viewed any property, spoken to anyone or made any offers, I was simply aware of the property and the rule. The next thing I did was to office at the front of the park to enquire about how flexible this rule actually was. I spoke to a lady in the office who thought it probably was flexible but she said I needed to speak to someone with more authority than her. So I made an appointment to come back a couple of days later and on a scorching hot day, i spoke to a gentleman we will refer to as Brian. Brian introduced himself to me as the park manager. We discussed my age and the fact I was interested in the two properties that were for sale, and he told me the age limit was arbitrary and was there to make sure that no young people with children etc moved in, and having met me he was perfectly happy. A few days later, I went to the vendors estate agent, ill call them FS and explained that I was interested in the properties, that I was aware of the age limit, that I had been to the site and spoken to Brian the manager and he was happy. Estate agent FS arranged a viewing of the two properties and said he would confirm the age issue. I went to view both properties about a week later one very dark rainy evening and a few days later went back to FS and made an offer. Unfortunately, my first choice was then at this point taken off the market due to illness, so I made an offer on the second property. FS subsequently informed me the offer had been accepted by the owner, Ill call the owner Mr I from here on, and that he (FS) was now happy with the age issue. In May, when I was expecting to exchange i was suddenly informed out of the blue by FS that Mr I was looking at a different property and the whole process had to be started again at his end. I found out through a third party that Mr I has done this before. I made it clear that I was unhappy with this as I was part of a chain. Mr I switched again back to the original property, but for reasons unknown to me other than it was something to do with his ongoing purchase related to the fact he had switched twice, it was still taking an age. It was now June My own buyers were becoming impatient and threatening to pull out if we had not completed by the end of June, and not wanting to lose my purchaser, I put everything I own into storage, put my dog with a dog sitter and planned to move onto a friend's sofa for a few weeks. My completion came and went at the end of June, so I said goodbye to my home and I began to sofa surf. All the paperwork for my purchase was in place at my end, everything was signed and ready and all of my money from the sale of my house plus the difference which I had borrowed from my family was in the solicitors client account. We were still waiting for Mr I. In the first week of July I was informed that we would be ready to exchange contracts the following day. The following day it never happened and I was told that it was due to some important documentation that had been forgotten by the vendors solicitor. Exchange was now a few weeks away again... In the last week of July we finally exchanged contracts and set a completion on Thursday the 4th of August. I was getting excited, looking forward to a new home in a new community and getting my dog back. What happened next is well... Words fail me.. Luckily I have recently installed an app on my phone that records all incoming and outgoing phone calls. Every single one of the following phone calls is recorded in its entirety. Wed 3rd August. 6pm: I receive an email from my solicitor stating that the vendors solicitor had found out I have a dog and a car, do they have my permission to pass on my personal details. This seems odd to me. I am allowed to have a dog and a car, I don't know why this is an issue and everyone has had all my information, in writing, on all forms since day one. Amazingly the lady who sent me the email is still in the office, I manage to contact her and give my permission. I kind of detect from the way she is talking to me there is something she is not telling me. Thursday 4th August, 10.34am: I receive an email from my solicitor stating they have confirmation to proceed, they have a final completion statement from the other side. There is an outstanding payment of just over £150 for the months ground lease which I need to pay as the lease is being transferred to my name. I transfer the money, I ring them to confirm and thank them. Thursday 4th August 1pm: I go to the estate agent to see if they have heard anything and to hopefully collect the keys. They have heard nothing and can't hand the keys over yet. Thursday 4th August 1.30pm: I get a phone call from my solicitor telling me the park owners have put a stop on completion. I am advised to go to the residential park and speak to Brian the manager. On arrival at the park I ring Brian the manager and get through to someone else who tells me Brian has resigned. Over the course of the next few hours I end up speaking to my solicitor numerous times and a gentleman ill call Mark, who is a South England regional manager for the company who owns the residential park who from this point forward is the official spokesman and point of contact for the park owners. In these conversations, which have all been recorded, I learn the following catalogue of errors and points of information as I understand them. - Brian the manager and Mr I, who was desperate to sell his property as its been on the market for a considerable time, are one and the same person. - Brian I, was not a manager, he was a gardener who had no authority at all. He has misrepresented his position to me to assist selling his property. - The lady in the office was another resident who has never been employed by the park owners and should not at any point have been I the office. - The email I received the previous evening was a result of the fact that Brian I, or more correctly his solicitors, were legally bound by the lease agreement to inform the park owners of the sale and the park owners would then process my information and application along to take over the lease and move into the property. This process legally takes a minimum of 21 working days so should have been done at the very least a month beforehand. What had in fact happened was Brian I's solicitor never have the park owners this notice or any information about me until just before close of business on the 3rd of August. Less than 24 hours before we completed. - Both my solicitor, and the vendors solicitor should not have exchanged contracts without this vital step of the lease purchase/transfer being carried out. - Both my solicitor and the vendors solicitor are at fault for ignoring the fact that the age limit for the sale is not arbitrary, is stated on the lease documents and the fact that I am only 49, not fifty. - The park owners are not prepared to be flexible on the age limit, I am 7 months too young. Mark the area manager makes it very clear to me that, and I quote, "if this has anything to do with me, I will not allow this to happen because you are too young and it is wrong". - I am not going to get the keys, the sale is not going to complete the park owners are going to take their full 21 working days to process my application, after which they will accept or decline. - I am told that no money has changed hands officially, but it has been transferred and the vendors solicitors actually have all my money in their account. (£143000) - There has been a suggestion that Brian I's solicitor is going to sue me... After a very sleepless night, as soon as the offices open im on the phone to my solicitor. My solicitors is a very very large company and over the last 8 months my purchase has been dealt with at different stages by at least four separate people and now I find its been passed to a gentleman called Nick who I am told is a senior partner. Friday the 5th 9am: I'm on the phone to Nick. He tells me (and again all my calls are recorded) and I quote, "that I have been shafted by Brian" I and I have a massive strong case for legal misrepresentation but leave it with him to see what he can salvage. The park owners are exercising their legal right to take 21 days because contracts should not have exchanged without this. The vendors solicitor still currently holds all my money and he is going to see if he can get it back, however there is a huge question mark over this because there is a possibility the sale could be forced through and I would then own a property to which I have no right of entry, but then I can sue for costs... This nightmare just keeps on giving. After a very sleepless weekend, on Monday morning I went to the CAB who advised me that my best course of action was to go and ask for my money back and then if it wasn't forth coming make a complaint to the independent ombudsmen. Around 11.30 Monday 8th august, I walked into my solicitors and asked to speak to Nick. He took me into an interview room and we discussed the situation. I put my phone on the table and the whole following conversation was recorded. He kept pursuing the point that I have a case against Brian I for misrepresentation and against his solicitor for not following due process and only giving the park owners the lease application the day before completion and then exchanging without this process complete. I chose at this point in the conversation not to point out that surely both parties are equally as guilty for exchanging contracts before due process was complete? I should stress that at this point I have not yet asked for my money back, but I was about to. However before I do, and without any prompting, Nick tells me that late on Friday he asked the vendors solicitor for my money back, and they instantly returned it by bacs payment and that it will be returned to me in full on Tuesday. I asked him about the fees for his company that I thought I was arguably being unfairly charged thousands of pounds given the series of mistakes, and he offered me fifty % of all fees back. As I was trying to clarify exactly what this included, he said "you know what? I'm a nice guy, all costs, 100% will be waived and refunded. We should have the money back tomorrow as its coming by bacs, and we can pay it straight into your account." He then told me that I have dodged a bullet because if he was the vendors solicitor he would have forced the completion through as an associated purchase because he had the money, so I was very l lucky to have had such a lucky escape and the vendors solicitor had chosen to refund my money. He also told me that now I've been given all my money and all my costs back, i have the option to walk away from this now. If I do, Brian I may try to sue me but it's unlikely because 1. he basically doesn't have a leg to stand on due to his misrepresentation and 2. The exchange of contracts should never have taken place given the incomplete documentation and so these contracts wouldnt stand up in a court of law. Tuesday the 9th mid morning I've an email and a subsequent recorded phone call confirming my money has been returned and all of it, including all refunded solicitors fees have been paid to me via bacs so will be in my account by Friday. Tuesday 9th 12.00 I've just had a phone call from Mark the residential park area manager saying to me that he's found out some further information on me and wanted me to confirm whether I own a certain type of commercial vehicle (a taxi), I confirmed I do. And he's found out that I own 7 motorbikes and would I confirm this. I don't. I own two. One is a road touring bike, the other is a restoration project and I confirm this to him. He's told me that in addition to clearly breaking the rule on age, I'm also breaking the rule on not being allowed commercial vehicles, I haven't told them I own a motorcycle, Im not allowed to own a motorcycle, apparently I'm only allowed 1 vehicle, I have 4 (1 taxi, 1 private car and 2 bikes) and the more he looks into me the more rules I'm breaking. I find this odd because at no point have I been made aware of the fact that I'm not allowed to have a taxi. My job has always been a taxi driver and its never been a secret. At no point have I seen any rule that says I'm not allowed to own a motorcycle and no one has ever asked me if I own one. I find it interesting that he's obviously looking into me and my affairs from some unknown source, and finding out half truths. It would be interesting to know where on earth he got the idea that I own 7 motorbikes, or actually even why he's looking into things like this anyway. Tuesday 9th August 4.45 I phoned my solicitor to double check my money has been transferred i am told that that the bacs payment was changed and I am told "Well, there was a bit of a fuss in the office about getting this money to you. I don't know what you've done, but whatever it is you've done it right. Your money is coming into your account tomorrow morning by TT and we are refunding literally everything including waiving all transfer fees" I then her and ask "so where does this now leave me. Can I just now walk away from this farce and am I free to start looking for a new home?" She answers "yes you can. Enjoy." So as a final summary, after the catalogue of cock ups: The vendors solicitor has refunded all my money in full without question. My solicitor has refunded 100% of all fees without question. Both of these things suggest to me that they know they have done something wrong and I can almost hear them in the office trying to get rid of me. It's looking fairly certain that my application for the lease on this property isn't going to be accepted, I've already broken the age rule, the no taxis rule, the no motorbikes rule and the number of vehicles rule and I haven't even completed yet. But bearing in mind that so far I've been lied to and misled by the vendor, messed around by the vendor with his switching of properties, had the completion blocked by the park owners who have made it pretty clear that my 11th hour application is going to fail and given that all my money and fees have been refunded from the solicitors on both sides and I still homeless, I'm ready to just walk away from this mess. In fact I think my mind is made up So if anyone has made it through this far, there are a number of lessons to learn. Always get things I writing. Don't complete on a sale without a purchase. And if anyone has any advice for me, I'm all ears because I'm worried this isn't over yet.
  8. My wife CCA'd the RBS regarding her credit card. They have sent back a copy of her application form (below) and a copy of a 7 page Credit Agreement. The copy of the credit agreement is unsigned (in fact there is nowhere on the agreement to sign) so I imagine if thats their best effort, the agreement is unenforcable. What do you think folks.
  9. Hello everyone ! My landlord has not paid my deposit into a rent G'tee scheme . Can anyone provide a copy of a completed form 1 ( perhaps with dummy info ) to take to sheriff court ? I really don't have a clue how to fill it in Any help would be appreciated. Thanks
  10. Hi all more woe Ok so recieved a letter from Freds saying contact within 14days Then receieved letter from BC saying 14 days or they will be recommending their made up law and trying to get a CCJ by default and bryans fees Thought about just sending the SB letter as all the debts are well past their sell by date I have all the default notices from the original creditors and they are 2005 lowell did place one on my credit file in early 2007 and even then 6 months later for the same account on the same CRF I have a printout of it ,which was an offence in itself , they all dont even appear on my credit file anymore and neither does lowells fictitious payment which would have altered the report??!!! So I ring lowell to finally tell them where to get off and all of a sudden theres been a payment via postal order from me in 2010 ,not a chance of this having happened at all as I wasn't stupid or even around locally to do this, they then say someone else has paid this on my behalf, which is complete tosh ,there is no one else a sister mother brother or father to do this on my behalf. How does one prove this i couldn't have even obtained a Postal order so expecting clown carter to try and get a CCJ by default as they already have my details and i have told them in the past in writin disputing all of them and wont be paying any of it it , NADA Now surely if i had made a payment in 2010 that would be on my CRF as well as the lowell account no that dissapeared off in 2011? when the debt became stat barred After informing them they are now saying its fraud on my part? I point out they are well known for their fictitious payments which they deny .......? the proofs out there really on the internet HOW DO I DEAL WITH THESE CRETINS i really am fired up to spend money proving fraud on their part and taking someone down do i nform the fraud squad? as they are saying they will get their internal fraud team involved which i thing is code for "this ones not a mug and he just called our bluff" i really am tired of these people now trying it on and surely if a postal order payment has been made there would be some way of linking it to me otherwise i could just make upo stuff and fire it back at them HELP PLEASE
  11. Hello, I hope someone can help me with this pcn. I received a pcn for parking in a restricted area. I have attached the photo evidence I found on the pcn payment website, and as you can see the photos were taken in complete darkness. While you can see my car's plate numbers, you cannot see the street at all. Is there a basis to appeal this pcn given that you cannot see a contravention in the photos. Any help would be appreciated. Many thanks.
  12. A firm of licensed conveyancers, both partners of which are solicitors, has quoted me £125 + v.a.t. for completing on line HMRC form SDLT1. According to the HMRC website, this form can be completed by anyone in 10 minutes. A comprehensive guide to its completion is provided on line. When I queried this with them they offered to reduce it to £100 but this still seems to me to be excessive remuneration for a few minutes work. In any case, why is this not included in their legal fees as most mortgagors insist that the payment of SDLT is done by a solicitor.
  13. Hello all with the help of this forum I' e managed to pay off two large payday loans as of today and break the cycle!! However the final payment on my wonga loan was due today! As I paid a single payment at the beginning of £50 the payment should have been £77 something! But wonga have taken £133, I have emailed wonga regarding this but wondered if anyone has any tips or emails so that I can get this sorted ASAP! Irishson
  14. GE Money were granted possession of our property for Tuesday 14th May whereby they could then apply for a warrant to have us evicted. However, yesterday (30th April) we were able to settle our account with them 'in full' including all the oustanding charges and court costs. Will we still need to complete the N244 to suspend the Possession Order and if so what is the Court Fee? The paperwork we have refers to a booklet EX50 (Page 7) but this page doesn't relate to repossessions. Please advise
  15. The summary is that the landlord failed to establish a sinking fund to collect money to set against major works. A large lump sum payment was demanded creating a huge burden and was based on estimates without surveyor inspection based on what the surveyor thought would e required for a set of properties on the landlord's books without consideration that the new freehold bought (where I am a lessee) already had major works done in 2000/2001. The other adjacent properties had not had this kind of work done. This new freehold where the contention is was bought in 2004. There is legal ambiquity whether the contents in the lease agreement support the setting of a sinking fund in a manner that sums be collected early for a target amount towards major works at a future date. The Leasehold Advisory Service pamphlet appears to suggest that a sinking fund of this manner shoudl operate with regard to inent of this type of clause. The landlord's solictors had acknowledged that sums were demanded in contravention of the lease terms but then redirected through the service charge estimates received on March 2012 for 2012, 50% in retrospect from 25th Dec 2011 to 24 June 2012, and then the next from 25 June 2012 to 24 December 2012. In initially I had asked to pay in monthly instalments for the estimated amount demanded over a period that would at least somewhat reflect the time the sinking fund should have been built. But this was refused. The works were completed by the first week of September 2012 and actual cost invoices should have been received. A Part 18 request for such invoices and actual costs have been side-stepped by the claimant in reply, who resent the estimates and the composition of the estimates only. A response stating that the Part 18 request has not been met has been sent to the claimant. A defence has been filed within the time limit and a N152 and N150) just received. I would appreciate advice on how to fill the N150 to get the matter heard by the Leasehold Valuation Tribunal, especially as I would like to bring up further issues such as excessively high insurance premiums (approximately £2,000 per annum) being charged and subsequent large service charge demands met for the internal refurbishment of carpets, which in the view of the 6 lessees of the property is not required as the carpet is in good order and a high charge for electrical rewiring, when the common parts only have two light bulbs.
  16. So, we have had a letter from G24 stating that we stayed in a car park for over 4 hours on a recent Saturday with photo's of us going in and then out again. Whilst we did enter the car park at 12.30pm, we also left (having met my parents there) about 7 minutes later. We then went back to the car park at about 16.50 to visit Toys R' Us to buy a game. They have then included the photo of us leaving the second time and arriving the first time. I sent them a letter stating all the details of what happened on the day, and they are still pressing ahead with the penalty charge notice - can't say i'm surprised, but as its blatantly a complete lie and verging on fraud (if indeed it isn't fraud or deception) i'm wondering what we should do with regards to the second letter.
  17. I am not even sure where to begin - I have read through many posts, and no-one seems to be in a situation as bad as mine. Today, I am feeling so bad I feel as if I can't go on any more. We have over £80,000 of debt in total on mortgage arrears, credit cards, payday loans - you name it. All I have done is borrow more money to keep going. What an idiot I have been. I have contacted Payplan recently, but am waiting to hear back from them with their proposals, but I know they are going to say we must go bankrupt. We have three properties, one we live in, two (our previous homes before we married) rented out to cover the mortgages- - all with almost no equity - and we willl lose everything I know. I have read posts on forums from people who are coping, and reducing their debt, and some of them seem so smug that they have done the right thing, not stupid like me - and then those who say people like me are foolish, but it just makes me feel worse. Christmas is coming - I have not a penny to spend - I have a large grown up family and grandchildren etc and have had to tell them there is nothing this year. You can't imagine how that feels. Is there anyone who has as much debt as we do, and has lived to tell the tale?
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