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    • Thank you so much for your replies.   Yes, I have text messages from the tenant acknowledging all the visits made by the professionals (handyman + double glazing maintenance person + 4 different plumbers)   4th plumber visited the property 4 different times and on three of those occasions found the boiler turned off. The tenant claimed she didn't know anything about it and said it must have been the other tenant who did that.    I have an email from the plumber detailing each visit and he's happy to be contacted by the solicitors if need be.    The tenant claims she didn't have hot water for 10 weeks but the plumber says the hot water was always working. His letter says, with the tank having a 210L water content, it was obvious that demand was greater than supply capacity.  The plumber is convinced that there's never been anything wrong with the hot water. His opinion was further verified after his discussion with the tenant's grandfather (who was present during his last visit) and being informed that the tenant had showered at his property the night before (spent roughly 20 minutes in the shower). Just to be able to say we've done something, the plumber replaced the two working standard stats with high level stats to allow the tank to regenerate quicker. He says this is not ideal as the high level stats will cause the tank to scale at a much quicker rate and will ultimately cause the tank to fail and need replacing as the scale can not be removed. He's done this just so the water heats quicker even after 20 minute showers.  (The tenant says this has solved the problem and that they have water left after they take a shower)   Both tenants are named on the agreement. I'll ask the Estate agent about the signed documents from the original guarantors but I'm certain that we have them. Everything was done according to books.   There's literally no mention of a Vacating Sharer in the agreement. It's a 12 month fixed term contract with both names on it. We're on month 6 now.   I really don't want to keep this tenant for another 6 months but the estate agent is saying that we have no choice but to accept the "vacating sharer" agreement even though "she will have a guarantor as her references do not meet criteria"   Do I have a right to object or is the estate agent telling the truth?   Thanks again!        
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phatram

Me v MBNA ABBEY AND MBNA VIRGIN

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What should I be asking Marlin?

 

Sorry Phatram, it seems to me that when he got the charging order he was not in the know of how things should perhaps work. Not sure really, but the important point to me which may or may not apply to you is who actually owns the debt? It seems that when this fellow pushed and complained Marlin just 'assigned it back to MBNA' but wouldnt show any documentation to prove any of the assignments. Neither would they show results of their investigation. Which speaks volumes. Their bluff was called and they just handed it back. Someone somewhere was lying.

 

Sorry if it doesnt srticlty apply to you but it just jumped out at me as similar situations.

 

Should you be asking of proof of ownership of the debt perhaps? I am not very wise to this stuff yet so apologies if i am talking rubbish :-)

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Phatram, did you ever receive a letter from Marlins/MBNA advising that there had indeed been an assignment ?


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The ones I posted earlier in the thread.page 46 ? sorry im doing this on my phone not near pc.

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Erm, tis a long thread :lol: I will have a look back over the thread later on :)


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I've seen no proof of who owns the debt. As in the film .

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1OCTOBER2012a.jpg

 

1OCTOBER2012b.jpg

 

What should I do now? I don't think I should be ringing Restons, surely that is not a good idea?

 

Ok, well you did indeed receive notice of the assignment and as they claim to have all the rights and benefits, then they must be aware of the CCJ and CO.

 

You could if you wish write to MBNA's Head Office and ask what they are playing at. ? You could say you believe when they assigned the account they did not give the full circumstances of the account and that it was subjec to a CCJ and CO. That the new owner claim to know nothing of this and are trying to draw you into a situation that might make you fall foul of the court order.

 

You could send a copy of the letter to Marlin & Restons.

 

Head your letter to MBNA an official complaint - they are obliged to investigate within 8 weeks and if they dont, then you can take your complaint to the Financial Ombudsman.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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As you home is jointly owned they cannot force a sale. The charging order only entitles them to be notified if ever the house is sold.

Should you advise them of this after any proceeds have been disbursed that's hard cheese for them.

G

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The guy in the film says he wanted proof of the assignment. Think i will ask for that too.

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He says they have sold the promissary and the proceeds are his which is theft.

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Will someone please put the vid link in a sticky in the debt/dca forum.

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Will someone please put the vid link in a sticky in the debt/dca forum.

 

He also does a fantastic video on how the credit system works which is well worth 55 minutes of anyones time. I appreciate it has been done to death but it really comes across as clear to understand and can only be helpful when dealing with banks and dca's.

 

Here it is for anyone interedted.

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He says they have sold the promissary and the proceeds are his which is theft.

 

 

Sorry this is "promissary note" rubbish is from the Freedom of the Land crowd. You will NOT get to see the deed of assignment which is the contract between the seller and purchaser. You have received a Notice of Assignment which is acceptable.

 

The video will not be made a stikky !!


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3: Feel Bullied by Creditors or Debt Collectors?

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4: Staying Calm About Debt

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5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Please be aware that people have taken this type of thing to court and lost big time.


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2: Take back control of your finances -

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3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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As you home is jointly owned they cannot force a sale. The charging order only entitles them to be notified if ever the house is sold.

Should you advise them of this after any proceeds have been disbursed that's hard cheese for them.

G

 

This is correct, if it was a single debt then they should only have been able to obtain a restriction on that portion of the property that is the debtors.


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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sorry this is "promissary note" rubbish is from the Freedom of the Land crowd. You will NOT get to see the deed of assignment which is the contract between the seller and purchaser. You have received a Notice of Assignment which is acceptable.

 

The video will not be made a stikky !!

 

 

Sorry if this came across the wrong way, i was just trying to point the OP to the assignment paperwork mentioned in the video in case they were getting cheeky in that respect. I cant confess to knowing about freemen stuff but i just noticed the similarity in the Marlin/MBNA bits that Phatram has got going. Also to throw in their sending it back to MBNA kind of made me think can you actually trust anything they say?

 

Apologies if this has derailed anywhere, it wasnt my intention.

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This is correct, if it was a single debt then they should only have been able to obtain a restriction on that portion of the property that is the debtors.

 

Its my debt,nothing to do with my wife.

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Its my debt,nothing to do with my wife.

 

Then it is most unlikely they will be able to force a sale - even more unlikely as you have been paying the Judgment order.


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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you really feel the need to do anything, then follow the advice I gave you in post # 931 :)


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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Cheers folks. I will pay my debt but hate being ripped off and harrassed by crooks. I fight back. :-):-):-)

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Letter from Restons wanting me to increase payments from £100pm. R Soles are they !

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Harrassment letter? Will post letter when my pc is repaired.

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Simply respond by saying that your circumstances have not changed and that you will continue to maintain payments as they are.


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They have got worse, hours cut at work. Wonder if they will let me pay less ha ha ha .

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If that is the case, then advise that whilst your situation has worsened, you are prepared to maintain the payments you have agreed.

 

If they continue with the harrasment, then send them the lesser amount !!


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I wish but the court agreed with my offer of £100pm.

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