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    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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B+B Mortgage shortfall sold to mortgage express now DCA Chasing.


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Get one running

 

Could be a minefield for them

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes; Always goes to the Original Lender.

CCA Requests would go to the DCA if it was a Simple Contract for a Loan, Credit Card or Credit based service.

 

With Mortgages, its different as its a complex contract and is 12 years instead of 6.

Most Debt Purchasers (DP) wont take on these amounts.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 4 weeks later...

I have requested a SAR and await to recieve it.

 

In the interim, the mortgage company have advised me that they have passed my account onto a DCA

and enclosed a copy of the "order of possession" from 2011.

 

It states that the judge awarded the mortgage company possess, also it states:

 

"And it is adjudged that

The claimant recover against the defendant the sum of £xxx,xxx.xx for the debt and interest to date of judgement"

 

Now.......after they sold the house, they are chasing me for approx £65k.

 

Does the above term mean that i cannot dispute the shortfall amount as its been decided at the time of the possession?

 

at the time my house was repossessed so it was all abit of a daze

and didnt know at what point i should/shouldnt of challenged the outstanding debt.

 

If the shortfall is as the judge decided, why has the lender passed it onto a DCA for such a substantial amount and not forced me into court to pay?

 

From the possession to sale was approx seven months (£1100pcm), I have been given a final balance costing which i feel i need to dispute:

 

Interest-£7,719.32 (?? the judge stated "interest to date of judgement")

shouldnt this interest amount have stopped from date of judgement?

 

Insurance-£171.70

Solicitors-£260.40

Conveyancing/searches-£352.00

Management fee's-£319.20

Estate agent fee-£5,880.00

One stop package-£222.00

EPC/HIP-£78.00

Lock change-£144.00

Chattel insurance-£276.00 (?)

Clean & clear-£114.00

Valuation fee-£108.00 (is this not free?)

Gardening-£66.00 (why would they do this?)

Tree removal-£717.60 (No tree was causing a problem)

Removal of white goods-£162.00

Total: £23,000 approx in costs (this seem's outrageous!)

 

Balance owing-£310,752.37

House sold for £280,000

 

Should the shortfall not be around £30k plus an estimated £6k costs?

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yes the int stopped on the day of judgement.

 

 

If the shortfall is as the judge decided, why has the lender passed it onto a DCA for such a substantial amount and not forced me into court to pay?

 

 

yes totally agree

 

 

something fishy going on here.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

oh god that lots

 

 

yep they always fleece people blind

 

 

who was the org mortgage with ME are buyers?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have proof also that i had a buyer nearer the date of possession willing to pay £285k

but the lender refused to consent to the sale 3 days prior to exchange

as i refused to sign one of their documents "sale of shortfall" acknowledging the debt and proposals to pay.

 

 

If they had just let the the purchaser proceed i would have gained £5k more for them

and avoided the £23k "costs" that they have added for the 7 months the property then sat empty/vacant...

 

 

..my debt would have been approx £25k and not £65k

 

I had the house 10 years, was originally Bradford & Bingley (I think!), then it changed to Mortgage express for the last 7 years before repossession.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

re read the thread and prove you were fleeced blind

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

Dear Caggers,

 

I raised a complaint with mortgage express, disputing £25k of 'un-necessary' charges

 

an explanation as to why they left the house vacant for 12 months from the date of the repossession before they instructed an estate agent to sell it, which then took a further 6 months,

 

Therefore, I incurred 18 x £1100 worth of interest only payments.

 

They should of rented the property to off-set such charges.

 

They have replied with a final decision to my complaint stating that they disagree with every point I raised.

 

Should I go to the financial ombudsman?

 

I explained that this repossession has had a huge negative impact on my mental health but this fell on deaf ears.

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Can anyone advise me here please?

 

Have just had a quick read of the thread and would just ask whether there is any hurry needed in resolving this ?

 

If you don't have the means or assets, then it is a case of ignoring the DCA chasing this debt, until you have decided what to do. You might decide to save up for bankruptcy, if this is something that you have decided is worth pursuing after getting advice.

 

Mortgage shortfall debts don't become statute barred for 12 years, so what tends to happen is that a DCA is quite happy to receive very small regular payments, as it just entends the period into the future in which the debt could be subject to a court claim. Also once you start paying the debt is more saleable as an asset. If you look at threads on CAG about mortgage shortfalls, the debts get passed on by mortgage companies to DCA's who no doubt gain from anything they collect. There does not seem to be any rush to obtain a CCJ, as if they wait for the debtors finances to improve, they might get more later. I have seen threads, where 10 years has passed before court claims are threatened.

 

What i would suggest that you do is look into the Council for mortgage lenders handbook details on how repossessions should be dealt with. Their should be industry standards that apply and if you go to the Ombudsman, they will want you to make a case to them, as to how Mortgage Express have failed to meet standards required. You have up to 6 months from the mortgage companies final letter, to go to the FOS to take the complaint further. So plenty of time to gather evidence.

 

If you have not done so, send Mortgage Express a subject access request for a complete copy of the repossession file, as well as all available data on the mortgage file, including statements of account.

We could do with some help from you.

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  • 1 month later...

I haven't proceeded with the financial ombudsman just yet.

 

 

The mortgage company have asked me to submit medical evidence and three months bank statements before they consider forgiveness.

 

 

I have a car that I pay insurance for each month,

this will be seen in my bank statements,

will this go against me being considered?

 

 

Car value approx. £1200 and needed for work (trade,mobile beautician).

 

 

Also, do I need to give three months of incoming and outgoing,

is just proof of incoming amounts sufficient would you say?

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What do they mean by forgiveness ?

Writing off the whole mortgage, writing off part of the mortgage or just not requiring payment for a period ?

 

You are under no obligation outside of a court, to provide financial information to a creditor chasing a debt.

 

Not sure they will be interested by car insurance and a low value car. I think they are just wanting to see how much income you have spare after normal living coste to make payments. I suspect after sending bank statements, you will get a letter saying that you can afford to pay them say £100 a month and after 12 months they will review again.

 

It is your choice what information you provide to them. Perhaps they will write the debt off, if you are never really likely to pay the debt off within reasonable time period. If you don't send the information, you will never find out what their intentions were.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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