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    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
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Doodle1407

Bank After House Please Help

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My boyfriend and I have lived together for 15 years. It's his house, bought and paid for before I moved in. He had his own business until late last year and lost it due to changes in production of his customers. It was a Limited company owned by him and a friend (51% owned by boyfriend, 49% owned by business partner). Last year they took out an overdraft on the business account of £25,000 jointly to cover the business. Things did not improve and it went into liquidation. His business partner has since split up with his wife, moved out of the family home and gone AWOL. We have an idea but do not know his exact whereabouts. My other half has had a letter from The Bank asking him to contact them regarding the money owed, it stated the total as £25,000.

We are very scared of loosing the house, we are in a very difficult financial situation at the moment. We have started a business together that is going ok, but we aren't braking any records. My other half has suggested we sell the house, put the money directly into my bank so that we won't loose the house. As we are not married he says we can do this. Does anybody know if this is the case? He is writing to them as we speak asking for copies of the agreement, copies of the last years bank statements, and copy of engagement from the bank. Any help would be much appreciatd!!

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hello I am sorry for all your troubles, you have posted in wrong part of the forum, I am sure a mod will be along soon to move your thread. Good luck Hils

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Thanks, I am sorry, I am new and wasn't sure where it should be posted!!

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Does anyone know where this should be, so that I can post it in the correct place? Many thanks for any help!

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My other half has suggested we sell the house, put the money directly into my bank so that we won't loose the house.

Can you clarify what exactly is being proposed? As I understand it your bf owes £25k, presumably as joint guarantor, for a business loan. As the house is unmortgaged, why would it be at risk? If the worst came to the worst you could sell it and pay the £25k out of the proceeds. I think I'm missing something here

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Beck

"There are two ways to conquer and enslave a nation. one is by the Sword. The other is by Debt."

 

Barclaycard PPI Refund £4300:whoo:

Barclaycard = Mexican Stand Off

 

TSB = Mexican Stand Off

 

Santander = :mad2: MungyPup is coming to get yahh :mad2:

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it was a personal guarantee. We are worried that they will come after the house in order to get their money back and take the money owed (by both him and ex- business partner). We haven't got £25k and can't afford to loose any money from the house. We do not know if they are chasing his waste of space ex-business partner for the money too or if they intend to claim it from the assets (house) that my other half has worked so hard for years for to pay off. My questions really are - 1) is the house at risk? Can they make us sell? 2) If the house is at risk, and they can force us to sell, can we sell before being forced and put proceeds into my account so that we don't loose a third of our house? Hope that makes sense.

Edited by Doodle1407
Questions added

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I'm afraid he is 'joint & several liable' which means the creditor can go after one or both of the debtors which obviously means they'll go for the softer touch...someone with assets.

 

Have you considered re-mortgaging the house? At least that way you could clear off most if not all of your debts and secure the house with only one monthly payment.


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If the overdraft was based on a personal guarantee rather than actually secured against his property, then it will make it a lot more difficult for them to grab the house. That will be a long way off.

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Thanks, it wasn't secured against the house. I don't think they will go after his business partner though and we can't affored to be stuck with all the debt. Does anybody know if we were to sell the house and put the money in my bank would it be safe from them? It can then be used to go towards a new house (but sit while we rent for a while). We don't want to loose all that money, we can't afford to loose all that money. He's worked so hard to pay it off, we just want the money from the house to be safe and in our pocket, not theirs. On a personal note I don't want to see us loose part of our home while his buisness partner walks away scott free.

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Thanks, it wasn't secured against the house. I don't think they will go after his business partner though and we can't affored to be stuck with all the debt. Does anybody know if we were to sell the house and put the money in my bank would it be safe from them? It can then be used to go towards a new house (but sit while we rent for a while). We don't want to loose all that money, we can't afford to loose all that money. He's worked so hard to pay it off, we just want the money from the house to be safe and in our pocket, not theirs. On a personal note I don't want to see us loose part of our home while his buisness partner walks away scott free.

 

If you were to sell the house and put the money into your bank account, then they wouldn't be able to touch it providing it's not in your partner's name..... but, they could come after any property you buy jointly in the future unless you can get this matter sorted now. If that's what you're intending, then the simplest way forward would be for your partner to sell/transfer the house to you! ;) My brother did exactly that many years ago before he and his partner got married and there wasn't a thing that anyone could do about it. :D It depends on the strength of your relatioship whether this could be a viable option for you though....

 

Do you have any idea where this ex-business partner is ?

 

I can understand your worries about the house, but a Charging Order is a long way down the track and they would need to get a CCJ first anyway.

 

:)

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Many thanks for that Priority One. I have tried to get a mortgage on the house so that I can 'buy' my other half out, but we are both self employed so that's a no no unfortunatley. I asked my Other half if we could just sign it over to me, as it would surely ammount to the same thing, but he said that we would need actual money to change hands for it to be legitimate and that they would be able to use the fact that no money has changed hands to still get to the house. Any ideas would be of great help! I know it's a while off yet but I'd rather not leave it until they come for us to sort our situation out. We have an idea of where his ex-business partner is, but no exact address. We have an idea of the area of the town but that's about it, and his BP partner's ex wife is not forthcoming with info regarding his whareabouts.

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Many thanks for that Priority One. I have tried to get a mortgage on the house so that I can 'buy' my other half out, but we are both self employed so that's a no no unfortunatley. I asked my Other half if we could just sign it over to me, as it would surely ammount to the same thing, but he said that we would need actual money to change hands for it to be legitimate and that they would be able to use the fact that no money has changed hands to still get to the house. Any ideas would be of great help! I know it's a while off yet but I'd rather not leave it until they come for us to sort our situation out. We have an idea of where his ex-business partner is, but no exact address. We have an idea of the area of the town but that's about it, and his BP partner's ex wife is not forthcoming with info regarding his whareabouts.

 

What your partner decides to do with his property is up to him. If he chooses to sell it to you for a silly amount... it should still stand as a transaction. Once it's in your name, it ceases to be anyone else's business and creditors won't have any right to start asking questions and expecting you to provide answers.... since your partner's debts have nothing to do with you and are not (yet) secured on the house.

 

My brother's situation was very serious and involved huge amounts of money. He pulled it off by signing the property over to his partner before they were married.... so it's worth considering providing your relationship is that strong. It's really your partner's call here....

 

:)

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