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    • The equity split is not calculated purely on how much capital you contributed to the household but circumstances at the time. For example, you mentioned that for the last five years you have been paid two thirds of all bills/ mortgage and your husband a third. What was he doing during that period, was he looking after your children mostly or looking after your house doing housework etc? They are factors which will be considered.   If you can agree on how any equity is split, you can sign a consent order. I  
    • Latest letter. Doesn't appear to contain anything new that needs action. Sadly one of our group paid, I'm not sure at what point.  3 of us still ignoring  Trace letter 25 May 19.pdf
    • As you have no income, you should complete a benefit check to see if you are entitled to any benefits: https://www.entitledto.co.uk/   You can submit the N244 before a warrant of eviction is granted but all that would do is reset possession proceedings. It is likely that Brittainia will continue with possession proceedings anyway even where the possession order is successfully set-aside. The issue is that you have very little to offer and Brittania is unlikely to agree to let you live in the property indefinitely until you sell it while paying £10 per month, that could take months/years. It wouldn't let you capitalise arrears because you can't meet the mortgage repayments even if they were.   I'd suggest that you speak to a housing advice organisation such as Shelter for assistance, it can gather further information and advise on what your best course of action is: https://england.shelter.org.uk/  
    • Hi,   I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International   The claim is dated 24 May 2019 and I have filed my intention to raise a defence to extend the period to 28 days today   They claim: The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant. Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67 and also claims interest thereonprsuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05   Amount Claimed 1161.72 Court Fee 70.00 Legal Costs 80.00 Total Amount 1311.72   In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found.    So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?   Thank you in advance
    • Received paperwork now from them prior to 30th deadline. is it worth uploading here or just send my 181 back with the draft directions from my side? 
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
ScarletPimpernel

ScarletPimpernel vs. Regal {RBS]

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A letter this morning, out of the blue, from Regal Credit Consultants, with a catchy red band across the top with 'NOTICE' on it. They demand payment of a debt they claim is owed to RBS.

 

Interestingly, there are no threats of immediate legal action; no mention of bailiffs, or attachments of earnings. It simply says that if they don't hear from me they will "need to explore all options", which may include "recommending to our client that legal action is taken".

 

I have no previous experience of this lot, but it struck me that the standard threat-o-gram has been toned down, probably since the introduction of CPUTR.

 

Anyway, to test my theory (and because I couldn't resist), I phoned them. The phone monkey was neither rude nor aggressive; she didn't interrupt; after I warned her that RBS were in default of a CCA she didn't ask me for a payment. In fact, the only slight disagreement was when she tried to claim that making any payment on a credit card acount amounts to accepting legal liability for a subsequent debt, but that was quickly dealt with. She acknowledged that DCAs have no legal powers. She claimed not to be aware of the CCA, but showed reasonable knowledge of the OFT guidance, to the extent that when I told her that not only were RBS in default of a CCA, what they had sent was entirely unenforceable, and the alleged debt was disputed, she said, without prompting, that they would now cease all activity.

 

I asked if she was aware of CPUTR, and she told me "we've touched on it, it's only just come in". She didn't know much about it, but when I said that failing to comply with a code of practice such as OFT guidance is now prosecutable, she said: "I've confirmed that it's on hold, and this call's recorded".

 

So, is this an anomaly, or are some DCAs realising that they can't keep getting away with their old non-compliant practices.

 

Anyway, Ive sent them a short note inviting them to insert the file in RBS' corporate hoop, and will wait to see what happens.

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Crikey SP, all that without her even having to ask a grown up!!:D:D

 

Think you may well be right about the new regs having an impact. I have only had one DCA, (RMA) contact me in the last five weeks. When I told them the account was in dispute and asked them for their complaints procedure, they promptly returned it to the OC.

 

Would be nice to think that the industry is cleaning up it's act but I can't help thinking of leopards & spots and when they get to grips with it, (or find new ways round it), they will be back.

 

David

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...and so it goes on. A couple of weeks ago I had a letter from Moorcroft about this RBS card account. I sent my standard 'dispute' letter, receipt of which they acknowledged.

 

However, today I received another threatogram. I rang Moorcroft and spoke to one of the compliance people, who was very polite and businesslike; it was confirmed that their system shows that the debt is disputed. Now here's the thing: they clearly understood that the letter is non-compliant; I got an apology, and was told that they'd asked RBS to comment on the dispute, and had no reply, so they'd be sending the file back to RBS with the recommendation that they take no further action because the alleged debt can't be collected.

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It looks as if recent activities have 'encouraged' certain DCAs to act more responsibly. Or should that be responsively? :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

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Think they all may be in a bit of a dither at present and are minding their P's & Q's.

 

See how long it lasts!!

 

David

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