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    • Yes almost Stature Barred. Which means? So basically I wait and see what happens?  Yes i believe so and is this a new 1 upon you guys? 
    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
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I just don't believe it!!!!!


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:mad::mad::mad::mad::mad::mad:

 

I cannot describe how angry I am - I will try to keep it brief.

 

We have recently had to sell a commercial property we owned in order to satisfy a personal guarantee we had given Lloyds for our Ltd. Co. debt.

The sale price agreed did not fully cover the total amount outstanding (i.e. mortgage plus amount owed by Ltd Co. ) but we reached (or so we thought ) an agreement with their securities department that they would accept the net sale price ( net = after deducting estate agent and legal fees).

The sale was completed at the end of August but have just received statement of the mortgage account and discovered that funds were not transferred until some two weeks after they were in receipt of the funds and of course they have applied interest up until that date.

Best of all though, they did not transfer enough of the sale proceeds to satisfy the mortgage debt and have simply helped themselves to the difference from another account we have which just contained the VAT element of the sale proceeds, placed there by our solicitor.!!!!!!!! :eek:

 

It appears that what the b...'s have done is to repay all the Ltd Co's debt first leaving a shortfall on the mortgage and in doing so have completely dis-regarded the agreement made between us. Yes, we have this in writing and have informed our solicitor of the situation. We know they were legally obliged to repay the mortgage first before any other charges secured on the property but they have chosen to ignore this.:mad::mad::mad:

 

Spoke to account manager at branch, he denies all knowledge of arrangement with securities dept - don't they communicate?????

 

So letter being d'xd by our solicitor as I write requesting prompt return of funds etc. etc. They flippin well better do it as I have a VAT return due at the end of the month.

 

Sorry, can you tell I'm angry?!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just to update:

 

Man at securities dept denies making any arrangement and insists we (including our solicitor) have mis-understood what he said and what he has written and we did still owe them some money which is why the transfer took place. :eek::eek::eek::eek::eek:

 

Man at branch says I gave his colleague verbal authority to transfer the

monies - did I heck!!!! :-o:-o:-o:-o

 

Looks like we have a fight on our hands as well as a looming VAT bill.

 

Opinions would be gratefully received.

 

Perhaps this needs to be moved to the Lloyds or Legal forums?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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So.........................., had meeting with account manager at branch this morning who very kindly offered us a loan to pay the VAT bill !!!!!!:shock::shock::shock:

 

Says that because I enquired as to why the mortgage account had not been repaid at the point of sale, that that was authority enough for them to close the account and make the transfer!

 

Has basically closed ranks with the man at securities dept however, he did concede that if he were not a bank employee he would have read the information as we had !

 

Have meeting with solicitor tomorrow, lets see what he has to say but meanwhile, would very much welcome any further advice/comments from the experts on here.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Sounds complicated ;)

 

Moved to General Debt Issues, as it's clearly no longer secured, though.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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Whilst they can argue 'change of position' I think you have good case against the bank for breach of contract etc but I suggest you don't seek alternative advice until your solicitor has had a real opportunity to have a go at them.............& their claiming the solicitor didn't understand isn't a good start for them

 

'if he hadn't of been a bank employee he would have had a different understanding' WOT! they speak differently do they.

 

Suggest you send them a SAR NOW

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Thanks Car for moving the thread and JonChris, thanks for your comments.

 

They allege that our solicitor's request for written confirmation that they would accept the net sale price in order to satisfy their charge,did not specifically ask them to confirm a 'full & final' ?!

Their response to that letter was ,quote: " I confirm that on receipt of the net proceeds of a sale at £****k, I will release the charge."

 

As their charge encompassed the mortgage and the debts of the Ltd Co, how would you have understood this response, bearing in mind, there had been verbal discussion beforehand.

 

Will update after solicitor's meeting tomorrow.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just had a thought re. this comment -

 

"Says that because I enquired as to why the mortgage account had not been repaid at the point of sale, that that was authority enough for them to close the account and make the transfer!"

Do you think that if I telephoned them to ask why there wasn't a milllion pounds in my current account that they'd transfer it in from elsewhere?:rolleyes:

 

Probably say it doesn't work that way round!

 

Sorry,just being facetious. :p

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just back from solicitor. Short and sweet, bank doesn't have a leg to stand on :D, but it probably won't be easy to get them to admit fault. :mad:

 

Meanwhile, they've still got the Vat man's money!!!!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Hi JonChris,

 

I'm sure he most certainly will - didn't take too kindly when I relayed their comments about his ability to understand their letters and had a good old laugh over their offer of a loan to pay the Vat man!!

 

Just hope we're not in for too bumpy a ride.

 

Thanks for your interest.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 2 years later...

"just hope we're not in for a bumpy ride".

 

Famous last words I'm afraid!

 

So here we are, two & a half years later, no further forward. Just wanted a few opinions as to wether this is worth pursuing.

 

To update:

 

Lloyds refuse to admit any wrong, deny that any agreement had been made and won't remove the charge on our home even though we owe them nothing!

After much letter writing we finally took them to court in March last year and obtained an order forcing them to disclose all info they had. In short, they have sworn an affidavit stating they have nothing in writing to prove their stance, but equally, aside from the letter mentioned in posts above and a sworn statement from the person who acted on our behalf to agree the settlement , neither do we. Is that enough? Their solicitors did offer to remove the charge if we

agreed not to pursue the case. Rightly or wrongly, we declined and things have been left in limbo since as it was just taking over our lives to the

point of illness.

 

We are in two minds over this, part of us wants to just leave it and move on but it continues to invade our lives from time to time and we think if theres a chance we still have a case, why should they be allowed to get away with it!

 

Thanks for reading.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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If it were me, I would not give up. You have right on your side, and I know that does not mean you necessarily would win, but why let them just get away with it? If they have an affidavit that states they have nothing to prove their stance, you can also swear an affidavit regarding your position. I know these things are stressful, but I say do not give in, you go for it :)

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At the end of the day it depends on whether you want to or can afford to keep at it with the possibility that if you dont win you would have to pay the banks costs. The bank are wrong but it isnt an easy thing to proove, in some ways I would be inclined to accept the offer to remove the charge (but only once verything is in writing very clearly) and move on, after all this time it is vurtually stalemate and do you need the hassle.

If I have been of any help, please click on my star and let me know, thank you.

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Thanks both for your thoughts. Cost of pursuing this is an issue - have we left it too late to refer to FOS. Would it even be worth it?

 

(Just to add, the sum involved is not a few hundred but several thousand! :-/ )

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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This is a "your word against mine" situation and one that is impossible to call because it will just boil down to who the judge believes on the day of the trial, which is a total lottery. You need to do a deal, and so does the bank.

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You make a very valid point Gaston Grimsdyke, but there are two issues really.

 

1. Do we have enough evidence to prove that a settlement was agreed?

 

2. If there was no settlement agreed then was the bank entitled to take funds from another account to repay the mortgage on the property? Let's not forget that the only funds in this account was the VAT element on the sale of the property. What would have happened if those funds weren't t there?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 3 weeks later...

Update:

 

The matter is now with the FOS and we await their adjudication.

 

Meanwhile though, we are still receiving all sorts of threats from Drydensfairfax re. the unpaid vat. Have asked for their patience while the FOS investigate what is, I assume, an unusual and serious case. i.e.misappropriation of funds by the bank.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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