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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Debt nightmare Quick Quid debt - Gothia- then Iqor door stop debt collection **


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Hi All haven't been on for ages life is certainly no better. My problems have just escalated I foolishly thought I could handle my situation my using payday loans to pay off existing debts and I know I was just delaying the inevitable but couldn't face anything. I eventually took my hand out the sand around 7 months ago when it came to the point of my life or deal with the situation.

 

Contacted CCCS after having an emotional down at work and being discovered by a colleague who suggested CCCS could help. Long and short of it they advised contact creditors with I&E advise no disposable income and offer £1. Ask for written communication and don't be intimidated. This has been so hard has got to the point where I have had to change my number as calls continued night and day kids were not allowed to go near the phone. A couple of creditors have accepted for a 6 month review others have just passed me to debt collectors who keep hounding me at work now.

 

Quick quid advised letter dated October - (letter from Gothia) that my debt had been assigned to Gothia and if I did not pay immediately then my debt would be assigned to Red Castle Recoveries for formal recovery. As I did not receive this letter until the end of October I has already paid £1 montly payment to QQ. I then received a letter from IQOR advising that my file had been passed to them for collection by Gothia. Gothia did not advise me of this I also sent a £1 payment to QQ for November no response received. (5 payments sent altogether) I owe them £1508.50.

 

Last week a man called at my home on behalf of IQOR and spoke with my partner left a card and asked him to get me to call to discuss sorting out QQ account. I did not contact him. He called again this evening and I found the card when I came home so called and he advised he was glad I called as the account would be going to Croydon Court next month. He wanted to know how much I could pay, I told him about CCCS advice and payments made to QQ he said bog standard info CCCS churn out and everyone is different and people think different things are priority like some people think £40 month to sky is priority. I said well I don't as don't have that. He said not saying you do but what can you offer. I said didin't want to offer what can't afford and I will have to go to court then. He then was abrupt said file would go back fo court. I am now really worried as he asked if I was married is my husband working and if we owned the house. I was so stressed I answered the questions. My husband was angry as he said that is not his business. My husband isn't working and I said he owned the house.

 

Sorry post is so long but I needed to explain I am now worried that they are going to try and take our home away and just don't know what to do.

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This is typical DCA behavior.

Their only power is intimidation and threats.

 

I know it is easy for me to say, but don't worry about these parasites. There is nothing they can do to make you pay. Only a court can do that.

You need to stop speaking to them on the phone, this is exactly what they want, so they can intimidate you with lies and half truths if you don't pay.

When they ring refuse to answer their security question, tell them in writing only and put the phone down. DO this everytime they ring

 

Red Castle and Gothia are the same company. IQOR are just gofors. If they call again ask them to leave immediately, if they refuse call the Police. They have no legal right to visit you without being invited, which you are not likely to do. They have NO POWERS WHATSOEVER. Take control of the situation, once they realise you have no fear of them, they will be on their way.

 

They are not entitled to any income & expenditure details or any other personal info, especially banking details. Only a court can order disclosure

 

If you want to pay them, pay what YOU can afford and no more, no matter what they say. If is not up to them to decide what you can afford.

If they refuse your offer, then don't pay them anything.

 

If you start receiving solicitors letters from Gothia Legal or Resolution Legal Services, there is nothing to fear from these muppets, they are just trading names of the same outfit.

 

These sewer rats DO take court action on occassions, but it is not as common as you think. They just use it as a threat to get you to pay.

But there is nothing to fear from the courts either, they will NEVER make you pay more then YOU can resonably afford.

QQ can't take court action in their own right in the UK as they are USA registered company, so unless one of these companies has been SOLD the debt they will never take any legal action as they are not the original creditor.

 

Get on with your life and don't let **** like this control or intimidate you in anyway.

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Please take note and follow this great advice above from Alf.

 

If I may add just one comment, if anyone calls at your home, forget about politely telling them anything, tell them they have 5 seconds to F##k off and slam the door in their face as hard as you can.

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Thank you guys so much, have just come back home decided to stay at my aunts with my son to get away from it all. Had I read your responses I would have stayed at home. I do feel much better knowing that I have a right to tell them where to get off and not call at my home as this is beginning to affect us all.

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Use the following letter if anyone calls again Do not speak to them on the doorstep or phone, everything in writing.

 

Report their harassment to Consumer Direct and OFT

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

Please support CAG and they will support you.

donate

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Magnum, great advise. Go pour yourself a stiff drink tonight and sit back and watch them squirm. Lots of people on here, myself included were scared sh*tless when the threats first start, but then you come on this great site and get's lots of good advice that by time 3 months have past you are looking forward to there empty threatening letters so that you can post them here and let the guy's rip em apart.

 

Yes, anyone at your door from now on or on the phone give them the Foxtrot Oscar in which ever form you feel like. ( By that you can be damn rude or polite) me I always take the polite approach now as I am the one with the power not them. If you spout off they think they are getting to you. So it's a polite IN WRITING ONLY. I am very surprised that they turned up at all..... I would have to buy a football stadium if all my DCA's turned up at the same time....(Only one has) the lovely Scotcall. They are now history and have passed my file back to OC who have decided to go for the crem de la crem Moorcrap!!!!! shaking in me boots.

[sIGPIC][/sIGPIC]Happyhippy1959

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Okay, QQ are unlikely to go go court, if they do use Croydon I can help out and come for support (or as a Mackenzie friend), I can write a defence which will highlight their outrageous APR, charges and destroy their particulars of claim. They are not a very nice company to deal with but I have seen them off a few times on behalf of other Caggers.

 

If it DID go to court the liklehood of you still paying £1 to them is HIGH as you can list all your other creditors and prove that they are taking the proverbial.

 

How much was the original loan with them and how many times was it rolled over, you basically owe them the original loan plus one months interest, NOT the amount they claim, which is more than enough to make you bankrupt.

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Please take note and follow this great advice above from Alf.

 

If I may add just one comment, if anyone calls at your home, forget about politely telling them anything, tell them they have 5 seconds to F##k off and slam the door in their face as hard as you can.

 

You've been given some great advcie here.

 

I'd like to offer advice that will hopefully get you in a beter frame of mind.

 

Stop letting the pondlife affect you, take control back and mess with their heads instead.

 

Send off the harressment letters to ALL the DCA's involved and also send the door step harrasment letter. Wait one day then send esculation second harrasment letter, make reference to no reply and date the letters one week earlier.

 

Next time a visitor calls (IF), be friendly ask him to wait while you finish something really important explain you'll only be a minute. Close door. Turn on vacume cleaner and vac the house, ignore the person on the door. If he is still there after 10 mins ask what he's doing standing there? Then in your most aggressive tone tell him to p*ss off, he has no more rights than the ice cream man. Waste there time not yours.

 

good luck

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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brilliant advice if they call at the door tell them they are tresspassing like whats been said parasites like gothia would phone me day and night in the end i was considering ending it all but sites like this one really are a godsend ..................................

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Magnum, great advise. Go pour yourself a stiff drink tonight and sit back and watch them squirm. Lots of people on here, myself included were scared sh*tless when the threats first start, but then you come on this great site and get's lots of good advice that by time 3 months have past you are looking forward to there empty threatening letters so that you can post them here and let the guy's rip em apart.

 

Yes, anyone at your door from now on or on the phone give them the Foxtrot Oscar in which ever form you feel like. ( By that you can be damn rude or polite) me I always take the polite approach now as I am the one with the power not them. If you spout off they think they are getting to you. So it's a polite IN WRITING ONLY. I am very surprised that they turned up at all..... I would have to buy a football stadium if all my DCA's turned up at the same time....(Only one has) the lovely Scotcall. They are now history and have passed my file back to OC who have decided to go for the crem de la crem Moorcrap!!!!! shaking in me boots.

 

Hi Happy,Is it alright if I just deck them without saying a word?

 

Magnum,

 

As you can see, support comes quickly here. Already you have a highly experienced person in Sillygirl offering to go to court with you, (extremely unlikely it would go this far) Also lots of support and advice from other good people.

 

As Alf stated in his original post, never ever speak to these cretins again either on the phone or in person. Once you take control the game is virtually over for them. All they can do is write - just post up here whatever drivel they send and you will be advised.

 

All the best!

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magnum,,, you will be lucky to even see one never mind deck one...... I think I have more chance of seeing Bigfoot in boots buying some aftershave....

 

Happy, in fact that was me!

Been on the old hallucinogenic mushrooms up in Bodmin Moor again! :-)

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Can I just say something I missed earlier and probabaly the most important part of this thread.

 

Using payday loans to pay debts is not only stupid it puts money into parasites pockets at 300000% or whatever it is.

NEVER USE PAYDAY LOANS the sooner that 3000% becomes illegal the better, CAG should campaign.

 

Pay the debts at £1 a month it really is that simple anyone who wants to argue this case, post, I'll happlier give you many ways of suceeding in getting the pondlife to accept a pound a month, well in truth they never accept it but who's asking them.8-)

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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  • 3 weeks later...

I haven't logged on for a while been totally fed up, working myself into deep depresssion. I would just like to say a big thank you to everyone who has responded. Silly Girl thank you so much for your kind offer have been trying hard not to let this get to me but with the threat of redundancy looming at work as well this really is not easy. I am going to read all threads again and see if I can get my head together to deal with this mess.

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  • 1 month later...

I just love this site:-D Have learnt so much since iv'e been a member. I too used to be scared stiff of debt collector's, but not anymore. Have done some real battles with a few, but always came out winning. Dont get me wrong, not saying that the debts i have wasn't my own fault, but when circumstances change and you cant pay your debts, the last thing you need is someone harassing you constantly. I now know enough to help other people in debt, what to say and write, and what acts to quote, and what your own rights are. That is all thanks to this brilliant site.

 

If anyone needs my help, just let me know.

 

Thanks to everyone who helped me in the past couple of years.

 

keep your chin up all, and dont let those morons grind you down.

 

Fran:lol:

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  • 3 weeks later...

Franmc,,, that's very nice.. That's what I like about the site and the people on here.. Even saw one thread where a Cagger was due in court even though the low life DCA could not prove the debt and a member even offered to turn up with them as they were not far from where they lived... That restores my faith in the human race...

 

CAG forever.....

[sIGPIC][/sIGPIC]Happyhippy1959

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Ohhhhhhhh am gutted, i missed this payday loan thread.

 

OP QQ Consumer credit agreements are believe me unenforceable. Send a CCA request, i bet the one they send back has a file directory like "C:\Users\Teaboy2\Documents last modified 03/05/2011" printed at the bottom, the date will be closer to the date they receive your CCA request than your application for the loan (and modified date only changes when the document is modified) and i bet the amount on the agreement was what was applied for and not what was actually lent to you. So if modified then thats Fraudulent and unenforceable, if amounts are wrong then its also unenforceable. All payday loan companies my friends have had issues with had sent similar agreements, not a single one has been enforceable so far i got them all written of for my friends.

 

Send gothia the CCA request.

 

Just out of interests - what was the original loan amount you got and what was it that you applied for. Because looking at £1500 or so owed, it seems a lot of that is likely charges.

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 2 months later...

Hi guys ive had a history with QQ and Wonga. Wonga luckily ive cleared but QQ i loaned from because i had lost my job.

 

I'm currently in a IVA therefore that is a priority payment and I do not wish for it to fail - i have been transparent with my IVA company and told them the reasons for additional borrowing for the sum of £750. I have explained i my unemployed status and sent proof of my sign on certificate.

 

I am starting a new job monday *cheers* however QQ are owed one payment of £187.50 due on 28 Jul, 2011

£937.50 due on 26 Aug, 2011.

 

As i do not have the funds to cover the first payment OR the second payment, what should i do next?

 

The IVA company did ask me how I was going to propose to settle the additional debt, because as its outside of their proposal i can't add the new creditors to my IVA. I explained i would arrange a payment plan with QQ to settle the debt.

 

Now reading the posts, it appears i may not have to do this. My only reservation is i live with parent's and my Dad would be furious if he found out i had a loan from QQ because of the interest etc.

 

What would you guys suggest i do? the payment is due on the 28th. do i let it lapse and then go from there?.

 

I have however, cancelled a card they had on file as 'lost' so they can't take money from that account and fortunately setup a new bankaccount for my wages to go into. I noticed QQ have a directdebit setup on my other account which ive heard horror stories of them forcing funds etc. Also, being a US based company they can probably get away with it.

 

Thanks guys,

 

this is my first post

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