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    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
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At last big decision made for Hippy


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Firstly, to all the great friends I have made on this site and for all your sound advice,,, thank you very very much, you have been like a family to me.

 

It is now with some regret that I have decided enough is enough, MY lovely three bed house is now going to go,, it is eating 85% of my income with a secured loan attached and is in negative equity with that bad boy attached. Mrs ex - hippy does not want to play ball.

 

At work in the NHS all overtime is cut and my lodger I had decided to move out. But to bring perspective home I have just found out that my daughter of 26 years from my first marriage has had Cervical Cancer and is having chemo now, ( she is a talented lady by all accounts ) I have not seen or spoken to her since she was a small child. I have to now decide how to approach making contact.

 

Thanks to great advice off here, I have struck lucky already and have got a flat to move into in three months time thanks to Gumtree website advised by you good folks.

 

I have just this minute stopped my DD to the mortgage company and the Secured loan, I will contact them this week and explain I can no longer afford the house and I will put it on the market. This year so far as turned out to be a real bummer.

 

There is one little glimmer of hope, A friend at work as paid her mortgage off this week and her and her husband due to having no pension provisions in place ( they are in there mid forties ) want to buy a property and rent it out. She over heard my decision and asked if I would be willing to sell to them and stay as the tenant. I of course would jump at the chance but am not holding hopes because my luck this year is so bad. Also since August if my friends here remember the poor hippy has been poorly himself but due to having to keep the payments up on the house I crawled into work and was dosed up by my colleagues with various pain killers. For three years I have had NO life at all, all work no play.

 

I remember reading here from one of the ladies, can't for the life of me now think who it was said she had to in the end give her house up, may have been Elsa or victoria but it was a decision she did not regret. If this goes and there is a short fall I am off to the Bankruptcy route to have a clean slate and be gone with all this hazzle.

 

I will of course stay on here and follow you all....But once again from the Hippy THANK YOU SO MUCH FOR ALL YOUR HELP, I LOVE YOU ALL

 

PS

 

I will be having a house sale of goods so anyone need anything just ask.... Special rates to me CAG friends. :oops::oops::oops::oops:

[sIGPIC][/sIGPIC]Happyhippy1959

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Thanks Shadow, will of course be following closely and keeping in touch with all you great guys and girls out there. Will think I will keep this little post as an update to what happens to old hippy. As I said, 53, don't want any credit ever again, don't want a house of my own and just want rid of paying 90% of my main salary on a mortgage and secured loan and boys and girls not working seven days a week !!!!!!!!!!!!!!!!!

 

The offer of buying the house from a friend has fallen through but I was not holding much hope there.... It is clear Hippy has no luck in 2012.....

[sIGPIC][/sIGPIC]Happyhippy1959

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Hi all

 

At long last after three years of working seven days a week and spending over £1000 on a mortgage and secured loan I have decided to call it a day. Yes it was my family house of 15 years, watched the kids grow up and then Mrs Hippy and me split. She ran off and rented and never contributed a penny to the house. Now with the NHS cutting overtime and my health beginning to go south due to long hours and no break in working enough is enough.

 

I have a battle plan which I think will see me through but any advice would be welcome. I am 53, I never want to own a property again and never want credit again. I am in £42k of unsecured debt though most is UE... my main mortgage is £72,000 left and the secured loan about £37,000 so I make that £109k then add fee's etc on it. Now to my shock horror the value of houses simular seem to be about £109k - £112

 

I am not worried about the selling it and owing a bit on the secured charge because after it is sold or repossessed I intend to go bankrupt. Fresh start or finish in my case.

 

I have this week stopped the standing orders for the mortgage and secured loan and I am going to inform them I can no longer meet this outgoing, I need to put a bit away for a deposit on a rented property and to have me BR fee's. What I am worried about is can the second charge stop the sale ????? and would the mortgage company hold out a little longer before repo if it was on the market and i paid maybe just the interest, ??? it's a thought I know. Probably a long shot.

[sIGPIC][/sIGPIC]Happyhippy1959

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Hippy my best wishes for the future and I realy hope your

daughter recovers quickly and you can build bridges.

 

Kindest regards.

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi Hippy

 

Have you tried the Mortgage Rescue Scheme (government mortgage to rent) Basically your house is sold (Market Value or around 90%) to a housing association/local council and rented back to you.

 

I did it, It took about 12 months to go through it (but we lived rent free until then - excluding mortgage interest)

 

If it is a route you wish to pursue - you need to see CAB first.

 

Best of luck whichever you decide......

Edited by rdm2006

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Thank you all from the bottom of my heart your a wonderful set of human beings. Thanks RDM2006 but it is time to make a clean start and as Brig say's build bridges. Thanks Vic,,, I will of course keep you all informed of the progress.

 

First off, I am about to ring the Cov building society and then write to the biggest gangsters since Capone and his crew First Plus..... That done it's a nice letter to my daughter explaining why I have not been in contact for many a year and see what she says if she says Foxtrot Oscar so be it.... She is entitled to it and I would not hold anything against her. My 15 year old son from my second marriage is very excited about me trying to find a place near him and Mrs ex-hippy (2) is really supportive and we are truly good good friends again after 3 years of silliness. She does have a big big heart and it was 90% my fault for the breakdown....

 

Guy's and Girls, to tell you the truth it feels like I have been pulled out of the water just before drowning, even my work colleagues say I have a spring in me step. me blood pressure is down and that horrible illness feeling as disappeared.

 

The die is cast and the Rubicon is crossed, let the fates decide.... 12:16 update, have telephoned the coventry building society, very very helpful have reduced my mortgage from 550 to £100 for three months, send them the details of the estate agent who will deal with the house sell..... Now for those ballams BARCLAYS FIRST PLUS MAFIA

 

Love you all

 

Hippy

Edited by Happyhippy1959
update

[sIGPIC][/sIGPIC]Happyhippy1959

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Hello Mr Hippy. :-)

 

I've (sort of) stood where you're standing now, and let me tell you...it might be a bit of a bumpy ride, but it will be SO, SO worth it in the end. :whoo:

 

Good luck, and I hope your daughter is OK.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Hippy, hope all works out for you.

 

I thought people would find this Youtube video quite interesting. If you forward it to 5 minute into the video, there is a very interesting speech, if you stay with it. This speech was delivered nearly 4 year ago.

 

 

Thought it was pertinent in some way to a thread concerning economic choices to be made, as I am sure that many people will be in the same boat, now or in the future.

We could do with some help from you.

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Hippy, you are one of the most considerate and positive people on this site and I always enjoy your posts. Whatever you do don't disappear! A good point above by rdn2006, well worth trying if appropriate for your circumstances.

 

Good luck with the letter to your daughter, I hope she responds positively, also, keep bench pressing that 250 lbs!!!

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  • 1 month later...

ok you great guy's and girlees on here especially to Lea-hth and Ell-enn

 

At long last after two years and eight months of struggling to pay my mortgage and secured loan I decided to take the plunge and put the house up for sale. Not moving at all fast but I expected that.

 

In February 2012 all my overtime was cut, leaving me taking home £1,390.00 net hmmm now the mortgage and the secured loan came to with a few arrears payments back to £1,050 then add council tax £80 you can see the figures just don't add up. So I made my decision then and there to inform both the ML and Secured loan people I could not afford it and would be only paying a token payment for the next two months ( as I needed a deposit for rental ) so the BS agreed a three month reduced rate from last month plus a copy of the Estate agents selling sheet which was duly sent. Nothing back from First Plus at all. Now the asking price would probably just clear everything but hey ho, its not shifting.

 

As luck would have it a work colleague of mine has a two bedroomed house to rent, ( brilliant for me and the boy ) told him I want it and am moving in on the 1st June 2012. Also, taking a further look into my finances and statements from the house I would have come up about £2k short for the secured loan and I believe FP are sticklers on that and could have blocked a sale.

 

So now with rented property in place, I am going to ask the building society to repossess, i.e voluntary if they refuse they can go for repossession. I am not worried about the short fall after, as I have my BR money saved up and it can be lumped in with the £42k of unsecured which I have been carrying for three years. My job is not dependant on me not beingBR and my new landlord knows my plans.. Also don't want to be a company director or MP.

 

I know that they will probably then go after ex, but hey ho, she has it coming. What I want to check is the situation with the council tax on this property... as I have to pay my council tax there on the other property plus water rates etc. ???

 

I am a new man now I have finally made my decision, a house of 14 years yes good memories yes but now I feel like a freed man

I am hoping that either the BS or loan people will act fast and repossess quickly. Two months already of non payment so heres hoping.

 

Will keep you all up dated and thanks for all your help in the past.

[sIGPIC][/sIGPIC]Happyhippy1959

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HH - so please you are getting to grips with this; you are always positive but I see a new spring in your step! Good luck and sock it to 'em. I just hope if anyone I love is ever unfortunate to be in critical care A&E that they have you to look over them. Keep us posted!

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Hi HH, well done for taking the big decision :) I've heard lots of people say one they actually let the house go rather than struggle on trying to keep it, they feel liberated. I hope you and your boy will soon settle into your new home and be very happy. Enjoy the peace and quiet and deal with whatever follows the repossesion as it comes - remember, if you haven't got the money, they can't get it - and you know where to come for help.

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Big hug to Ell-enn and broken, I feel like a new man guys, really... and so nice to have you guys behind me.. Lovely,,, you have restored my faith in the human race... big hugs to you all

[sIGPIC][/sIGPIC]Happyhippy1959

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