Debt over 10 years old

[citizenB]

the 14 days you gave them to respond would be calendar days . However, Easter was in amongst that so it might be a good idea to give them until tomorrow. That gives you the weekend to work on your complaint and get it in the post on Monday.

[JP08]

Hi Citizen B

Thanks for that, but who do you think I should complain to? I have not been able to locate any threads where it is getting a charge off a property when it shouldn't be on there?

Thanks

JP08

[JP08]

Hi Citizen B

Thanks for that, but who do you think I should complain to? I have not been able to locate any threads where it is getting a charge off a property when it shouldn't be on there?

Thanks

JP08

 

Hi

Still not received anything back.

Should I complain to the land registry first do you think? I am not sure if they can do something about it?

Thanks

JP08

[citizenB]

Might be worth having a chat with Consumer Direct first of all, they will be your first port of call in any case if you are going to make a complaint to Trading Standards.

 

Have you spoken to the Land Registry, perhaps they can give you some idea of what you should do ?.

 

Other than that, I simply dont know JP

[JP08]

Thanks Citizen B, yes it was the land registry that advised me to write to the bank to send them an END ... I will write to them again and also Consumer Direct as you suggest and see what they say.

Thanks

JP

[JP08]

Hi

I have now received a reply back from Consumer Direct advising me to take my case to the Financial Ombudsman, I hope this is going to have a better outcome than the last one I took there, but I suppose because you cannot have a charge on your property without a debt attached to it by law I will get somewhere this time!

Don't know how long this is going to take. The last one took over a year.

I will update when I hear something. Still not received anything back from the bank either, I think they are just ignoring me even though it did go special delivery and I have a signature.

JP08

[citizenB]

JP, I think it all depends on the complexity of the case as to how long it will take with the FOS. There have been some people reporting responses within about 4 - 8 weeks and of course others that are still hanging around.

 

You should mention in your complaint that the bank are refusing to deal with your complaint in a timely manner, they will want to see copies of the letters and the recorded delivery receipts. If you can, download the signed for notices from the RM website.

 

Look forward to the update.

[JP08]

Hi Citizen

Thank you for the update, hopefully it won't take too long. I have printed off the receipts and will send it off once I have filled in the form.

I will update once I hear something

Thank you

JP

[JP08]

Hi

Hope everyone had a good long weekend?

I have posted all the relevant information to the Ombudsman about the bank, so will wait to hear what they say about it.

with regards to the DCA part, as I have never received a true copy of the agreement from either them or the bank (Both were sent a Subject Access request previously) (meaning it was unsigned and the address they used was one I have never lived at) I want to get rid of this as well, should I send a letter to the DCA stating that it is in dispute now or wait until the charge is off the property? They have already tried to get another charge put on the property last year but cancelled as soon as they knew there was one already on the property?

I am not sure if I do it now if it would cause even more problems, what do you think? Either way, I have to write to them as my paying in book has run out of slips.

Thanks

JP

[JP08]

Hi

 

with regards to the DCA part, as I have never received a true copy of the agreement from either them or the bank (Both were sent a Subject Access request previously) (meaning it was unsigned and the address they used was one I have never lived at) I want to get rid of this as well, should I send a letter to the DCA stating that it is in dispute now or wait until the charge is off the property? They have already tried to get another charge put on the property last year but cancelled as soon as they knew there was one already on the property?

I am not sure if I do it now if it would cause even more problems, what do you think? Either way, I have to write to them as my paying in book has run out of slips.

Thanks

JP

 

Hi Can anyone advise whether I should wait or go for it now?

Thanks

JP

[citizenB]

Hi JP, if you havent already got a FOS reference number, phone them and they will give you one.

 

Then write to DCA advising there is now a formal dispute in place (and head the letter with the FOS ref number) and if you need more paying in slips.. ask for them at the same time. Alternatively if you are paying into a bank you can use one of their counter slips and just put all the DCA paying in details on that .. HTH

[JP08]

Hi JP, if you havent already got a FOS reference number, phone them and they will give you one.

 

Then write to DCA advising there is now a formal dispute in place (and head the letter with the FOS ref number) and if you need more paying in slips.. ask for them at the same time. Alternatively if you are paying into a bank you can use one of their counter slips and just put all the DCA paying in details on that .. HTH

Hi Citizen

Thanks for this. I will get the reference number and write to them. I usually pay direct in to their Bank, so I willl get some counter slips. Should I wait to hear back the outcome from the ombudsman before I stop paying the DCA? I did also complain to the FOS that the agreement the bank sent me was both unsigned and at an address that I have never lived at..... so I don't think they could ever enforce that anyway could they?

Thanks

JP

[citizenB]

Hi Citizen

Thanks for this. I will get the reference number and write to them. I usually pay direct in to their Bank, so I willl get some counter slips. Should I wait to hear back the outcome from the ombudsman before I stop paying the DCA? I did also complain to the FOS that the agreement the bank sent me was both unsigned and at an address that I have never lived at..... so I don't think they could ever enforce that anyway could they?

Thanks

JP

 

It does sound as though they have messed up with the document they have sent you. As for the paying/not paying. This is a decision only you can make.

[JP08]

Hi

 

Quick update, I have received a reply from the FOS, stating that they want to know why my ex has not signed the complaint form? and I would need his permission to take my complaint further? I have written back to them today to state that there is no reason for my ex to sign it as the debt was sold on, there is no debt with them now and hasn't been since Jan 2003, so why? and also I am the sole person named on the title of the property anyhow. I want the charge taken off my property, I cannot see that it has any relevance at all? I have no idea where he is, but i cannot see why they need a signature from him to authorise a charge coming off my property when he isn't even named on the title register?

I will await their next reply

JP

[JP08]

Hi

A further update, the FOS has written to HFC to get them to deal with my complaint and if I have not heard back from them or they have not dealt with it within 8 weeks, then I can go back to them and they will deal with it.

JP

[JP08]

Hi

 

I have now received yet another letter from Direct legal and collections stating and I quote:

We were requested by Ratcliffe Duce and Gammer Solicitors to provide you with a full and final settlement figure, however with investigations made in to the value of your property and the protection with a charging order for the full balance we have no grouds to supply a discount of your liability.

Despite our attempts to contact youto discuss your account, your lack of communication has made this difficult.

As a final attempt to resolve this matter we are prepared to except £28,327.58 if paid on debit or credit card by the 31st July 2009.

Should you have any queries then please call bla blah.

 

I can only assume that HFC Bank sent the letter from the ombudsman to DLC to threaten me again. The charge has no debt attached to it and it is still in the name of HFC Bank not DLC. It was the charge that I wanted taken off the property as HFC Bank do not have any right to it, there is no debt attached to it as the debt was sold on. Also DLC have never sent me a copy of the original debt. The same as HFC sent one with a completely wrong address on it. DLC did try to take me to court already to get another charge put on the property and failed when they found out that there was already a charge on the property.

Can someone please help me write a letter to them? there are so many bits to go through and list and I would appreciate some help

Thanks

JP08

[steven4064]

You need detailed advice from someone more knowledgable about COs than me but it seems to me that you need to make an applicatin to the court for the CO to be set aside.

[JP08]

Hi Steven thanks

The debt was sold on in Jan 2003 which is when the charge should have come off my property. The Financial ombudsman sent a letter to HFC Bank telling them to deal with my complaint. I can only assume they then got Solicitors involved, who in turn have sent this matter straight back to the debt collectors. Am I right in thinking though that as DLC have already once tried to take me to court for this same debt and then withdrew when I challenged it that they cannot take me to court again?

Would the courts even have a copy of this CO when it was put on the house in 1988?

Thanks, i am just not sure where to start on this bit.

JP

[lickthewallfatboy]

when you say "tried to take you to court" do you mean they actually had a claim struck out,or did they just huff and puff a bit?

[JP08]

Hi

They had sent me the documentation to say they were taking me to court I filled in the part via a solicitor to say that I was going to challenge it and that there was already a charge for this same debt under HFC Bank and that there cannot be 2 charges for the same debt, they pulled out at that point

[lickthewallfatboy]

so it didn't actually go as far as court

 

then there would be nothing to stop them trying that route again-but the fact that they pulled out should tell you a lot

[JP08]

Hi

 

No, it didn't actually get to me going to court only as far as the paperwork. I had gone as far as being moved to my local court though.I am thinking of saying about nothing forthcoming proving they own the debt under the subject access request, they sent me next to nothing for my £10. Also that the charge is not theirs so they cannot threaten me with that. The fact that they are saying they want 28k + payment by credit/debit card? by the 31st means it is only 7 days from receipt of the letter. the letter was dated the 20th and the envelope says the 22nd and I did not received it until yesterday. I haven't go that kind of money anyhow. HFC Bank had sent me a so called true copy of the agreement both unsigned and for an address I have never lived at.

So should I send them a prove it letter with all of this added on, plus that the matter has already been logged with the ombudsman waiting for HFC Bank to respond, this should not be being handlled by the debt collector anyway, they supposedly own the debt they are not working on behalf of the bank.

Thanks JP

[lickthewallfatboy]

I'm a great believer in this

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

and by the way,I believe it's against OFT guidelines to ask for a debt to be paid using a credit card

[steven4064]

OFT Guidance on Debt Collection:

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

...

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing...

[JP08]

Hi

 

Thanks you very much for this, I will put it all together in aletter and send it off. I will let you know what happens as soon as I do

JP