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    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974     11. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Thank you for the reassurance I will pop back on tomorrow and let you know how it went.
    • Just like is said in BN's link regarding total lack of oversight or proper challenge   "To put this in context, £12bn is more than the entire general practice budget. The total NHS capital spending budget for buildings and equipment is just £7bn. To provide all the children in need with free meals during school holidays between now and next summer term, which the government has dismissed as too expensive, is likely to cost about £120m: in other words, just 1% of the test and trace budget."   Says it all doesn't it Serco and co given more than the entire NHS capital spending budget to ... fail, miserably   penalties for that - more of the same money for more of the same failures.
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Joint Trustees' Beneficial Interest - 6 years after Discharged


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I have been made bankruptin October 2005 and discharged a year later.

My only asset was the heavilymortgaged house I own in joint names with my wife.

In November 2008, theJoint Trustees applied to Court for possession and sale of the property.

The Court ruled that ‘onehalf of the beneficial interest in the property is vested in the Applicants(Joint Trustees) under section 306 of the Insolvency Act 1986.

The Court ordered: (1) Therespondent do deliver up possession of the property to the Applicant forthwith. (2) The Applicant may sale the property and(3) The Applicants’ costs of the application be added to the costs of thebankruptcy.

The Applicants undertakingto the Court not to enforce the order provided the Respondent co-operate duringthe period up to May 2009 with the property being valued and viewed andmaintained all payment due to the mortgagee.

A survey was done on thehouse in November 2008, which valued it at £220,000

In May 2009, the JointTrustees wrote to me with this information, adding that ‘charges on theproperty totalling £207,730’, and they are prepared to accept £5,000 in settlementof the beneficial interest of the Trustees.

I replied by arguing that (1)Houseprices have dropped by 5.74% between January and April 2009, and (2) they havenot taken into account of the professional fees involved in realising theirbeneficial interest. I offered them£1,500 in full and final settlement, which they have rejected.

Nothing happened in theinterim until November 2011, when they wrote to informed me that they havereceived an up-to-date valuation putting the house at £235,000.- There are alsoMortgage £197,810.- and others charges £6,306. They have therefore calculated their 50% share totals £15,442. Unless an adequate proposal is received 21days, they will consider enforcing a sale on the open market.

I have searched theproperty index recorded at Land Registry. This indicated that the propertyprice in my area between November 2008 and today are virtually the same ( withthe index showing 263.5

My questions are asfollows:

I read somewhere that JointTrustees have 3 years after bankruptcy to dispose of the property of the bankrupt.Is this correct?

If Land Registry recordsshown the price index are identical for the two periods, how can they add£15,000 to the value of the property?

Can the Joint Trustees applyto Court for an Eviction Order?

If they obtained anEviction Order, can I apply to Court for suspension, subject to agreeing thevalue of the 50% Shares of the Joint Trustees? Or ask the judge to put a fair value?

Any and all informationare much appreciated.

Many thanks.

Tony

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Hi

 

They have recieved an up to date valuation from who? I would ask this question

 

Also like anything did they just get 1 valuation to suit them or did they get say 3 different ones get the actual valuation?

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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I have been made bankruptin October 2005 and discharged a year later.

 

My only asset was the heavilymortgaged house I own in joint names with my wife.

 

In November 2008, theJoint Trustees applied to Court for possession and sale of the property.

 

The Court ruled that ‘onehalf of the beneficial interest in the property is vested in the Applicants(Joint Trustees) under section 306 of the Insolvency Act 1986.

 

The Court ordered: (1) Therespondent do deliver up possession of the property to the Applicant forthwith. (2) The Applicant may sale the property and(3) The Applicants’ costs of the application be added to the costs of thebankruptcy.

 

The Applicants undertakingto the Court not to enforce the order provided the Respondent co-operate duringthe period up to May 2009 with the property being valued and viewed andmaintained all payment due to the mortgagee.

 

A survey was done on thehouse in November 2008, which valued it at £220,000

 

In May 2009, the JointTrustees wrote to me with this information, adding that ‘charges on theproperty totalling £207,730’, and they are prepared to accept £5,000 in settlementof the beneficial interest of the Trustees.

 

I replied by arguing that (1)Houseprices have dropped by 5.74% between January and April 2009, and (2) they havenot taken into account of the professional fees involved in realising theirbeneficial interest. I offered them£1,500 in full and final settlement, which they have rejected.

 

Nothing happened in theinterim until November 2011, when they wrote to informed me that they havereceived an up-to-date valuation putting the house at £235,000.- There are alsoMortgage £197,810.- and others charges £6,306. They have therefore calculated their 50% share totals £15,442. Unless an adequate proposal is received 21days, they will consider enforcing a sale on the open market.

 

I have searched theproperty index recorded at Land Registry. This indicated that the propertyprice in my area between November 2008 and today are virtually the same ( withthe index showing 263.5

 

My questions are asfollows:

 

I read somewhere that JointTrustees have 3 years after bankruptcy to dispose of the property of the bankrupt.Is this correct? They have 3 years to start the action to realise the beneficial interest in the property, in you case that started when they made application to the court for possession, so it is that application that needed to be within 3 years

 

If Land Registry recordsshown the price index are identical for the two periods, how can they add£15,000 to the value of the property? well the land reg is only an average for the area so is always going to be trumped by an actual valuation of the individual property

 

Can the Joint Trustees applyto Court for an Eviction Order? Yes they can

 

If they obtained anEviction Order, can I apply to Court for suspension, subject to agreeing thevalue of the 50% Shares of the Joint Trustees? Or ask the judge to put a fair value? You can of course ask for time but it is up to the judge whether they grant it, they may well take the opinion that you have not paid the required amount in the last 3 1/2 years so why should they give you longer

 

Any and all informationare much appreciated.

 

Many thanks.

 

Tony

 

Hope that helps

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