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    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
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CCA pound question


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Hi,

 

I recently sent a i pound postal order CCA request to a DCA with the standard letter saying not to use it for any other purpose than the CCA.

 

Anyways I haven't heard anything from the original OC (Lombard D) other than sending me a 'statement' with the 1 pound credited off the balance!

 

I have also recieved a letter saying that the DCA has requested a copy of the

CCA from the Lom D and will be in touch, but that's it.

 

Any ideas of what I should do about this and I did clearly state not to use the

postal order for anything else?

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If they are still going to comply with the CCA request then I wouldn't worry too much.

I would be very annoyed if they used it to pay off some of the debt and weren't going to supply you with the CCA.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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as long as its in your original cca request sent by recorded delievery, you will be fine

 

a trick by these scumbags is to sell the debt to another dca when they cant collect from you,

they then use that pound credited to the account as acknowledgement of the debt to restart the statute of limitations

 

keep your original request and track and trace number in a very safe place

 

you may need it 4 years down the line

 

ime not kidding on this

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bloody hell bazooka

 

are you psychic

 

thats twice:)

 

No Just sober:D:D

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Also, does any1 know that if you have been paying token payments to an account and they can't supply a CCa, does that mean they can still enforce it you have been making payments prior?

 

If that makes sense...:?

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Also, does any1 know that if you have been paying token payments to an account and they can't supply a CCa, does that mean they can still enforce it you have been making payments prior?

 

If that makes sense...:?

 

As long as the token payments are what you can afford and you're being honest about it a court would make them look pretty stupid for bringing action when you have tried to pay.

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So should I stop paying them if they don't produce a valid CCA? The payments are pretty small (I literally can't afford any more at the moment.)

but if it does go to court (without a CCA) would the payments be seen as an admission of debt?

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So should I stop paying them if they don't produce a valid CCA? The payments are pretty small (I literally can't afford any more at the moment.)

but if it does go to court (without a CCA) would the payments be seen as an admission of debt?

 

NO!

 

No CCA is a full defence. If it's been 14 days since you sent your request, stop paying.

 

JOgs

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Part of me kind of wants it to go to court I think (although another part doesn't) just to stop the constant hassle/stress. I don't own anything really, some clothes but thats about it. A pen also.

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No CCA is a full defence.

 

Sometimes, but not all the time and it isn't bullet proof.

 

I believe that sometimes the £ is taken so that they can show the OC that they have collected something and this prevents the OC from pulling back the debt and then giving to someone else. I've never heard of one trying to use it to reset the LA though. Just because I ain't seen it, don't mean it don't happen though. Never seen a kangaroo, don't mean they don't exist.

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Just bumping this. Does anyone know the answer? : If I've just received a statement detailing token payments made to a DCA from the original OC does that mean the loan hasn't actually been sold on but is still with the original OC?

 

Thanks

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Just bumping this. Does anyone know the answer? : If I've just received a statement detailing token payments made to a DCA from the original OC does that mean the loan hasn't actually been sold on but is still with the original OC?Thanks

 

Who did you ask for the information?

 

If you asked the DCA, and they don't have the information, they will then go back to the OC to retrieve it.

 

If you asked the OC for the information, then if they have sold the debt on, they will tell you to contact the DCA in question who is asking you for payment, as it is nothing to do with them.

 

However, some OC's like to give the impression that they are mightier than they actually are, for example, 'Halifax', if you default with them especially with a credit card, they will send you threatogrammes from their 'appointed DCA' called Blair Oliver & Scott, who are in reality Halifax BOS.

 

So it may be the case that your DCA, whoever they are? Are in fact Lombard, which is why you have received the statement from Lombard:confused:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi thanks, yes I think you may be right, I think they may be one and the same. Do original lendings tend to keep bad loans and receive a token payment for years as this is what seems to be happening here? I'm suprised they haven't given up and sold it on.

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Hi thanks, yes I think you may be right, I think they may be one and the same. Do original lendings tend to keep bad loans and receive a token payment for years as this is what seems to be happening here? I'm suprised they haven't given up and sold it on.

 

Whats the name of the DCA? Have you tried searching their name out?

 

OC's normally keep the account until they can sell it on, as, when they sell it they can recoup some of the loss to the DCA they sell it too and then claim the rest of their insurance!:eek:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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