Lloyds TSB Mortgages - in court tomorrow - need urgent help!!

[gideonssword]

Thanks dx

 

I will wait and see if this SAR ever turns up.

 

I got to do this because 7 weeks ago i sent Lloyds TSB a letter asking why as part of the council of mortgage lenders did they agree to a statement in 2001 not to pursue capital and interest on a shortfall after 6 years

i got no reply,

I then sent a letter 4 weeks ago and requested a copy of the original Mortgage agreement and got no reply.

 

So i finally sent a SAR request still awaiting, i telephoned them they said they dont know where it is they are looking for my letter and get back to me.

 

Then yesterday we got that Letter from Lloyds TSB saying that from now on Shoosmiths of Manchester will be handling this.

 

SOUNDS FISHY !!!

[PGH7447]

sounds well dodgy, looks like you wil have some digging to do here - good luck

[gideonssword]

Got a letter today from Lloyds TSB.

 

They said they agree in part with my complaint about missing letters,

 

They found my original letter of complaint, yet not found my letter asking for a copy of my original mortgage agreement.

 

But they now found my SAR request letter and told me they have until 10/10/2012 to reply which is true.

 

They offered me a cheque for £100 for the inconvenience of not replying to previous letters and hope to resolve this matter amicably.

 

I cant wait to examine the SAR details when they eventually turn up.

[Bandit127]

Looks like I am not the only person with a "fishy" mortgage shortfall and a creditor that has "lost" a SAR letter.

 

Mine is with HSBC.

[gideonssword]

Thanks Bandit 127

 

I am also challenging Lloyds TSB because in 2001 a statement was released by the Council of Mortgage lenders stating that its members of which Lloyds TSB are a member would not pursue a shortfall after 6 years, yet they took us to court in 2006 after repossessing us in 1999.

 

I intend to play the unfairness card.

[Bandit127]

I don't know if MCOB is retrospective yet (still steeply learning here myself) but if it is it could be another string to your bow.

(Direct PDF link here: http://www.cml.org.uk/cml/filegrab/final-industry-guidance-october-2011.pdf?ref=8004)

 

Some good advice from UncleBulgaria's in this post on my thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?360791-Mortgage-Shortfall-do-I-have-any-rights&p=3935522&viewfull=1#post3935522

I think all of that is also a requirement of MCOB.

[gideonssword]

!!! What the Hell is Going on !!!

 

my wife received a letter today from Shoosmiths stating that they had taken over the debt and to recover the outstanding balance.

 

It does not mention my name at all yet it was a joint Mortgage.

 

The letter shows us the balance owed which proves that HL Solictors have tried to defraud us out of 7000 pounds.

The letter to my wife encloses an income and expenditure form.

 

This is a CCJ we are paying off which we have an agreement through the court to pay HL each month, why are shoosmiths asking for an income and expenditure form from my wife?

 

By some strange irony the CCJ falls of my credit file tomorrow 22/9/2012

 

What should my next course of action be, all of this stinks to high heaven of treachery.

[PGH7447]

report them both to the OFT for

a. 2 fool companies trying to collect the debt

b. HL for upping the amount by £7k

 

also tell shoesmiths that only a judge can ask for an I&E

[gideonssword]

can a creditor put a CCJ on you a second time for the same debt?

 

I think they can only try to enforce the original CCJ am i correct?

[dx100uk]

NO!

 

dx

[renegadeimp]

can a creditor put a CCJ on you a second time for the same debt?

 

I think they can only try to enforce the original CCJ am i correct?

 

No they cant and yes they can only enforce. However, you are making repayments in line with the court order, so there is nothing they can do, and as advised, you MUST make a complaint about the way the DCA's are hounding you, especially when a court order has already been given. They are breaking guidance, especially with adding that 7k to the debt for no reason at all.

[gideonssword]

Thanks dx

 

is that NO they cant apply for a CCJ twice for same debt?

[renegadeimp]

You can only have one default or 1 ccj on a debt. You cant have any more.

[gideonssword]

If Lloyds TSB have biinned off HL that leaves another dilema

 

We are paying HL through the court under a Tomlin Order,

 

Should i tell Shoosmiths where to go? even though we had a letter a few weeks ago from Lloyds TSB stating that they were assigning it to Shoosmiths.

[gideonssword]

Sorry to my fellow caggers,

 

I did mention this in an earlier post but not got an answer to this question.

 

My wife got a letter 2 weeks ago from Lloyds TSB stating they were assigning a mortgage shortfall to Shoosmiths of Manchester.

My wife got a letter from Shoosmiths Friday saying that they were contacting her to come to some sort of arrangement with her to recover the shortfall and enclosed an income and expenditure form.

 

Please bear in mind we already have a ccj for this debt of which we are paying HL solicitors each month under a Tomlin agreement as agreed to by the court.

 

Shoosmiths seem oblivious to this fact as do Lloyds TSB,

 

Also there is no mention of my name by either Lloyds TSB or Shoosmiths and these developments only occured after i sent them a SAR request.

 

who do i pay each month?

[citizenB]

You should let both Shoosmiths and LTSB know that you are paying HL Legal under a Tomlin order. Send them a copy of the TO.

 

Who were the claimants that HL were acting on behalf of ?

 

I will try and find some more advice for you.

[citizenB]

gideon, I have moved you over to "legal issues" - you might attract more attention in that forum

[cerberusalert]

I take it you are both jointly liable for the shortfall but the CCJ is only against you?

 

I wonder if they are going for a second bite of the cherry & going after your wife separately?

[gideonssword]

You should let both Shoosmiths and LTSB know that you are paying HL Legal under a Tomlin order. Send them a copy of the TO.

 

Who were the claimants that HL were acting on behalf of ?

 

I will try and find some more advice for you.

 

Thanks Citizen B

 

Lloyds TSB are the claimants, HL Stuck an extra 7000 pounds of interest on their balance is different to Lloyds TSB balance.

[gideonssword]

Thanks,

 

we are both liable for the shortfall because we are jointly liable, the CCJ was issued against us both. Lloyds TSB Should know this as Hl were assigned to collect before shoosmiths.

[gideonssword]

If i check CCJ and its in my name alone what would happen?

 

The mortgage shortfall was joint liability.

 

Surely they cant get a second CCJ for the same debt?

[Mike_hawk]

There won't be a judgment if there is a t/o in place, the claim is stayed. Do you have a sealed copy of the order engrossed by all parties you could post on here?

[gideonssword]

How do i post it Mike?

 

i will put it on if you tell me how to do it

 

Thank you.

[citizenB]

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

Follow the instructions above - please ensure you remove any identifying information

[gideonssword]

Hello,

 

What time limit is there on applying to the court to set aside a CCJ

 

Thank you.