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    • I have been living with my partner since 2013. But after the birth of our son in 2014 things became unstuck. We were living together but I was making plans to move out, even viewed properties etc and therefore began claiming CTC and WTC to ensure that I could afford to go it alone. Eventually we worked it out but it has been on and off for years. In addition to this, I was in a lot of debt, had lost my job and knew that (selfishly) I needed the tax credits to keep my head above water.  My partner has no idea that I was claiming and if he finds this out he will leave me for sure. The house, the bills, everything is in his name. I work but I dont make enough money to contribute to the house as well as pay all my existing debts (my partner doesn’t know about half of these either). I  once had a bailiff call at the house and I had to tell him about it. He was so angry and mortified (as was I) and I just feel like I am bringing so much shame onto our family. I have been living this lie for 6 years and I couldn’t find a way out of it. I know I have made a huge mistake. I just want to pay it back and try to move on from it. I’m worried that I will have to go to court, prison, or they will want to speak to my partner about it. I really don’t want him to know about this because it’s so shameful. From my estimations it could be between 28-30K. I have absolutely no idea how I will pay it back, as we wouldn’t be able to claim any further credits as a joint claim because he earns too much money.  I haven’t eaten or slept in days. I feel physically sick and I just can’t cope with the guilt and humiliation. I did make false claims and now I’m worried I will pay the ultimate price and lose everything I have.    
    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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I understand that my original signed mortgage agreement with my mortgage company is NOT kept at the mortgage company but was sent and kept at the Government Treasury HQ to be used as a asset for future promisery raising of Government borrowing from the World banks.

Is this true?

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Interesting question. I am bumping your thread in the hope that someone with the answer will pop in. xx

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As far as I am aware....they have to produce the original in court...(I may not be correct on this - but I know it has been said in matters arising on Consumer Credit Agreements)

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From what i have read many times on the forum "They do have to have the original agreement," this is what I have learned and so believe,

However if anyone out there can tell me different then please do, as at this point in time these are the facts I've gleaned from cag. so would really appreciate knowing weather I'm correct or not.

Thanks guys.

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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They only have to supply the original if you requested it before the hearing. You need to do this under Civil Procedure Rules 32.19:-

 

Notice to admit or produce documents 32.19 (1) A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2) A notice to prove a document must be served –

(a) by the latest date for serving witness statements; or

(b) within 7 days of disclosure of the document, whichever is later.

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They only have to supply the original if you requested it before the hearing. You need to do this under Civil Procedure Rules 32.19:-

 

Notice to admit or produce documents 32.19 (1) A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2) A notice to prove a document must be served –

(a) by the latest date for serving witness statements; or

(b) within 7 days of disclosure of the document, whichever is later.

 

Ok thanks, so note to self would be ask for this (original docs.) under CPR. Meaning when you did a CPR in the event of defending court action, is that correct.

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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When defending a court action your first request to them is under part 18 to disclose information. In your CPR Part 18 letter you are only supposed to refer to Part 18 issues but I guess there's no harm in doing it at the same time.

 

The Part 32 notice you would send after they have responded to your part 18 request and sent you copies of the documents. If any of the copies look a bit dodgy then you can serve the part 32 notice as long as you do it within the prescribed timescale given

 

Regards

 

nicklea

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Thanks Nicklea,

Well explained, I can see i suppose where I have read that original docs need to be shown in court that this has come about after people have asked under part 18 and/or part 32.

thanks OP please have your post back didn't mean to hijack it.

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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  • 9 months later...

Can someone advise please. I fell into arrears with my mortgage due to be being unable to work (I am self employed) due to a bad back.

 

I am now on pension credit and the pension credit pay some of my interest.

 

I was in court with my mortgage and a suspened order was put in place and to review in six months.

After paying my mortgage plus £50 for the six months, mortgage plc did not turn up for the hearing and neither did I (I was ill at the time unfortunately)

 

In the six month period of paying my mortgage I was contacted by my local hospital to go and have a operation on my back.

(I had a slipped disc on one side and a trapped nerve on the other side painfull believe me!)

 

At the moment I am really struggling to pay this March's mortgage.

What I need is some form of letter to send mortgage plc explaining the situation that once my back is ok (maybe a few months)

I can go back to work and earn decent money to pay off the arrears and mortgage payments.

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Hi there, I have affixed a letter for you to send to them. Make sure you have the correct address and department to send it to, even if you have to ring up first and ask.

 

Send the letter by recorded delivery and keep a copy for yourself. Also keep the receipt for posting and check on the royalmail website in a few days to print off the signature receipt. Keep all together safe until you get a reply from them.

 

Ell-enn

Borolad63 Letter.doc

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Hi Ell-enn

 

Sorry to be a pest.

 

When writing your drafted letter to Mortgages plc, it states on second paragraph that I am about to go into hospital for surgery whereas I have already been into hospital and I am currently recoverying from the operation. The operation was in October and I have a letter from my doctor stating the complexaties of the operation

 

What is the best thing to write

 

Thanking you for your patience

 

Borolad63

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Hi there, I have amended your letter (affixed). You should send a photocopy of the letter from your doctor (I have referred to it in the letter).

 

 

Ell-enn

Borolad63 letter version 2.doc

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  • 2 weeks later...

Hi Ell-enn

 

Received today a reply from Mortgages PLC stating that payments have not been maintained and arrears are £5685.46. I sent a cheque for £100 with your letter.

They are asking for Income and Expenditure form to understand my position which will also assist them when consideration potential payment arrangements. Fees and additional interest will continue.

 

How best to fill this form?

I am currently on pension credit of £65pw and have all the usual outlays. Food £40pw, gas 10pw, electricity 10pw, petrol 10pw swift loan 185pm etc

By rule of thumb do I minimise my outgoings or not.

 

Many thanks

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I think you need to fill it in to show your true position otherwise they will expect you to make payments you can't afford. Have you written to Swift to ask for reduced payments?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Thanks for your reply.

 

will fill in the form for Mortgages plc

 

with regards to Swift

 

I was granted a suspended order from the courts four months ago with the view to start payments in February 2009. I made my first full payment last month for the full amount plus £50 but will Swift look at reduced payments so soon after?

Swift are charging me costs every month even when action was suspended.

 

borolad63

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Hi Ell-enn

 

Sorry to be a pest again.

 

Not sure if this question is in your field of expertise but do not know where to go on CAG.

 

My father passed away about six months ago, was in residental care at the time. He had a Yorkshire Bank account now closed and a Yorkshire Bank Credit card with an outstanding balance to which I am personnaly paying off the min amount every month.

 

What is the legal standing of this account?

 

many thanks

 

Borolad63

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  • 3 weeks later...

Hi Ell-enn

 

Here is an update. I sent a copy of your letter to Mortgages PLC and still awaiting an answer from them. I also sent a copy of your letter to Swift and back came Swift's letter stating that they will accept half payments for two months and I need to pay £83.86 for April and May.

June's payment will be £167.72 plus extra to go against the arrears.

 

Your thoughts

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Hi

 

Have received reply from Mortgages PLC stating that they have not received any payments (nor it seems my letter that Ell-enn formated for me) and because I have not contacted them they have arranged for a debt counsellor to visit me at a cost of £86.25 to be added to my account. He turned up last night whilst I was having my tea and rearranged the meeting for next Tuesday at 2pm.

 

Mortgages PLC seem to be totally ignorning my letter I sent them.

what do I do next?

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  • 11 months later...

I have done i&e forms before whereas I was looking to stay in my property and always had what appears to be spare cash so I could pay my mortgage plus arrears.

What I now need is how to complete a i&e form whilst looking for interest payment only instead of full monthly payment plus £50 arrears.

I think it would have to show a shortfall in income against expenditure (being the same as always).

The loan concerned is with Swift Advances

My mortgage is with Mortgages PLC who have accepted interest only payments via a solicitors letter (whilst I was on legal aid but now I am not able to get legal aid).

I tried CAB but Swift are saying I have to fill in a&e form before they will look at interest.

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Hi All!

 

Borolad63,in reply to your post:

 

Double check your terms and conditions with list of services and applicable fees from your lender(which should have been given to you at the start of the mortgage) as you should be able to change from type of product to the other upon payment of the required fee which should not exceed around the 200 quid mark.

 

In this case,there should be no requirement for any Income & Expenditure paperwork.

 

I hope this helps.

 

If you have any questions,please just ask.

 

Keep us posted.

 

All the best!

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  • 1 year later...

Hi

 

what happens when you hand over the house keys to the mortgage company who are the 1st charge

who presumerably will have the house auctioned off with a shortfall in the auction price and the the outstanding mortgage and any other charge on your house

ie 2nd charge or even 3rd charge.

 

I know that all the money raised by the auction sale will firstly go the 1st charge (mortgage company)

and if shortfall then what?Will I be chased by the 2nd charge and how?.

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