secured loan wasn't paid off when my house was sold Now getting DCA letters Please help

[bish]

No keep it short and sweet, that is good,

 

 

I would enclose a copy of the letter from the solicitor, as this is almost an addmision of guilt,

as why would you refer it to their insurence company.

 

 

As a solicitor I am sure they would be aware of the law, unlike us who have no knowledge of the law.

Why is your solictor refering it to their own insurence company ?.

 

 

If you are sure this loan is not secured against the property then there is no case to answer.

How can any one take you to court for a secured loan that is not secured against the property?.

 

 

I might just as well write to any Tom, Dick, or Harry amd say I lent you money on your property

and you owe me this much, where is the proof unless it is affixed to the property?.

 

 

If you are sure that this loan has not been affixed to the property then it does not exist, and therefore you can not be libel for it.

I would go to court and defend it.

 

 

I am not an expert in the law and freely admit that, but how can you raise a loan against a property without that loan being regestered somewhere.

 

 

In other words you could run up loans on a property sell the property and do a runner without paying the loans on the property,

that is crap. If a lender has secured their lending on a property, then if they have not actualy secured it on the sale, their problem not yours.

 

 

Why should you be liable for their mistakes, when you make a mistake you are charged or unfairly charged, what is the difference.

 

 

OK here is the advice, you have the option to take it or not, hope I do not sound like a bank.

The loan we took out was a secured loan against my property, you did not secure the loan against the property,

on the sale of the property you did not take the oppertunity to take back your money,

because you did secure the loan against the property,

this is your problem not mine.

 

 

This is a bit like your charges, in dispute but keep paying, You seem to want me to pay for your mistakes.

 

 

If I make a mistake I pay, If you make a mistake, I pay. That is against every fundemental principle of the consumer regulations.

 

Regards bish

[miksu]

Thanks Bish Fingers crossed

 

I've sent off the letter to the DCA - Apex Credit Management ( letter says previously known as BCW group plc ).

Has anyone on here had any dealings with them?

 

I read somewhere that HSBC debt collection arm are called Metropolitan ?

If this is right and they have their own team, why have they asked Apex to chase this ?

 

Another quick question:

After finding out from Land Registery records that this loan wasn't actually secured against the house,( still staggered by that ...)

what is everyone on here's gut feeling about what occured?

 

 

I know i signed for a secured loan! I even found a copy of a letter my coveyancing solicitor wrote to HSBC ( 2 months after the house changed hands )

refering to the charge and how the new buyers are unable to register their title whilst their charge remains etc etc

So how can it just not be there now?

 

After the initial advice from Bona etc, I thought it would be a pretty straightward case of refering the DCA to my conveyancing solicitors insurers. Fat chance...

 

And final question ... If the loan was never secured against the property ( as the curr land registry doc's suggest )

and HSBC messed up, why, last year, when challenged, would my conveyancing solicitor write to me to let me know she's forwarding it to her insurers??

 

Surely she would just send me a letter saying its nothing to do with her - her only responsibility is to settle secured charges against the house?

Why get her insurers involved.

 

 

If it clearly wasn't listed as a charge on gov documents, you'd know it wasn't your job to settle it.

As mentioned she also then wrote to HSBC months after the sale , refering to their charge against the property

 

Am no expert ( obviously!! ) but i'm so confused about all this

Am dreading what the post will bring or the next knock at the door

 

Miksu

[Bona]

If it was me I would write to HSBC saying that the loan was secured on the house

and that as far as you are aware there was enough money in the sale to pay of the secured loan

and if they have a problem then they must take it up with the conveyancing solicitor

you do not acknowledge the debt and you have taken advice and any further comunication with you will be deemed as harresment

and you will repot it to the FSA

 

I would then write to you solicitor saying that as far as you were concerned she was told about this charge

she was told she would have to pay it out of the proceeds of the sale she apparently didnt you

dont know why but unless she sorts it out you will complain to the LawSociety

 

then sit tight and have a good Christmas if you get any letters from a DCA refer them back to HSBC

telling them you do not acknowledge that you owe them anything

[bish]

I agree in principle with what Bona says, but I would try to get to the bottom of this first,

so that any future action will be backed up with the knowledge of who is at fault here.

I do not think that you are, however it is always better to have as much evidence as possible.

 

 

You have already asked for a copy of the agreement from the provider,

I would write to the solicitor involved explaining the situation and requesting confirmation as to why it had been refered

to the insurance company if the loan was not secured on the property.

 

 

Also, if the loan was secured on the property why it had not been settled in accordance with your instructions to them, be polite but forceful.

 

 

Contact the DCA and again inform them of the situation, that you are disputing this action

and or debt until such time as you can determine what has transpired, include a copy of the letters to the solicitor.

 

 

I would also send copies and similar letter to the provider HSBC, detailing in all that you have been charged large fees for both secured loan

and solicitor so that such problems should not arise regarding the sale of the property.

 

 

After all what is the point of paying such fees and charges, if sometime after the fact you are presented with a large bill.

Send all corrospondence recorded delivery.

 

 

Sorry about the writting of letters, but whatever you say about snail mail it is the only way to get peoples attention,

you have a record of what has been said, and it delays the process to give you time to think of your next avenue of attack.

I think you are in a strong position regarding this matter, get those letters of and wait for the response.

The response will determine your next action. Best wishes, and enjoy Christmass.

 

Regards bish.

[miksu]

Hi

 

Thought i'd post an update: Haven't heard a thing back from bank or DCA in response to my letters

Fingers crossed ...

 

Miksu

[jansus]

first time I have had a chance to read your thread.

 

What a mess!

 

When you do get some replies then make sure you post up because if the bank made such a fundemental error then there may be other mistakes and a full SAR may be in order.

 

Also I dont see why you should be responsible for any interest after the date the loan should have been repaid by your solicitor - even if you have to acknowledge the debt.

 

Hope your letters have done the trick.