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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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Hacked_Off

Old Barclays default still showing as owed even though I paid it?

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I have received a report from our debt recovery department, as follows.

 

"The debt is showing a nil balance, as stated a payment was received on £222.76. Our records also shows that information was sent to the Credit Reference Agencies (CRA) on 06/10/07 stating that the debt was settled. The default on the customer's credit file should therefore show as settled and will stay on for six years from the date of default (16/02/2007).

 

If the default is showing incorrectly the customer should contact the credit reference agencies."

 

However, in order to assist you, I will also make a request to the CRAs on your behalf as well.

 

I hope this information helps. To confirm, we discharged your debt in October 2007 and notified the CRA accordingly. If the CRA have not amended your credit file, you will need to take that matter up with them, Barclays is not at fault.

 

Yours sincerely

 

I've told them until I see proof that they informed the cra as far as I'm concerned its there mistake.

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I would not be able to send you the reports we forward to credit agencies as they are commercially sensitive and contain other customer's information.

 

Kind regards

 

 

Mmmm taking the ****

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In that respect you would need to make a formal Subject Access Request in writing to the following address. However, in my experience, the information you are asking for would not be included in the documents/information provided to you as part of that Subject Access Request.

 

However, if you wish to do so, please write to us at the following address;

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Hi HO,

 

I answered this before 5pm but my reply never made it here so here goes again .............

 

If the CRA files inaccurately showed that there was an unpaid balance, you may have a claim against the bank and/or the CRA.

 

If you can show that you suffered any consequential loss because of this, you could claim for actual amounts (possibly increased credit costs) as well as for damage to your reputation.

 

Read up on the cases of :-

 

Richard Durkin v DSG Retail (check on the results of the appeal on this case).

 

Kpohraror v Woolwich Blg Soc'y

 

Some would advise that you take formal legal advice if you want to maximise such a claim. Alternatively, you could keep any claim relatively low and on the Small Claims Track.

 

:-)


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Well Barclays are now ignoring me. Stalling because they know it drops off next week I reckon!

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Just been denied a credit card, got a letter saying "my credit score is to low".

 

Do you think a no win no fee lawyer would take this on? Is there any prospect of winning?

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1. No

 

2. No

 

3. No

 

:sad:


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Hi HO,

 

Sorry there was one too many NO's in my reply above. :oops:

 

Just been denied a credit card, got a letter saying "my credit score is to low".

 

Do you think a no win no fee lawyer would take this on? - No.

 

Is there any prospect of winning? - No.

 

:wink:


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Hi HO,

 

We may be talking at cross-purposes.

 

Above, you said you'd been denied a credit card and asked if [i thought] a No Win, No Fee lawyer would take this on. I suspect not.

 

You then asked, "Is there any prospect of winning?" My reply was NO but I was referring just to the denial of the credit card.

 

Can you confirm, when you asked about getting a NWNF lawyer, did you mean about the denial of the credit card, or the matters I mentioned in post #33 above.

 

Can you further confirm exactly what you referred to when you asked, "Is there any prospect of winning?"

 

:wink:

Edited by slick132
typo

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just a quick point........

 

it appears to me that the outstanding balance at the time of the default contained 'unlawful PENALTY charges'

that they have refunded....

 

if this is the case then the default itself was invalid and shold be removed.

as Barclys has done before i[m sure.

 

now i know this makes no odds as im sure the A/C will vanish very soon...

 

but...

 

i wonder if anyone has been successful in challenging WHY the defaults were not removed after they refunded the PENALTY charges...

 

and got compensation.

 

i'm sure theres something on here regarding that [either from ICO or a court case?]

 

just musing...

 

dx


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Just had a letter from the cra:

 

" Thankyou for your recent correspondence regarding disputed Barclays Bank plc.

 

After investigation, Barclays Bank plc has advised the disputed entry cannot be amended as per your request. They have also requested that you contact barclays recoveries unit regarding this issue"

 

Mm Barclays blatantly lieing shock horror!!

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Hi HO,

 

I've just read back through the thread to refresh my memory of events to date.

 

Do you agree that the CRA marker showed the amount of £227 WAS owed in 2007 until it was cleared by Set Off of the GOGW refund of charges.

 

And do you agree that, since the Set Off, the marker showed the amount as settled.

 

Or are you still saying the CRA marker incorrectly showed the £227 WAS STILL owed.

 

:-)


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The account was paid in full and then closed in 2007 (by Barclays). Cra shows account is still open and in debt.

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Hi HO,

 

The argument, that the a/c balance contained default charges so is therefore inaccurate, may be difficult to prove because the chgs were only refunded as a GOGW "without challenge or investigation" (Barclays' reply to you in post #21).

 

That leaves you with the option of further argument with Barclays - not likely to get you far.

 

Or challenging the CRA pointing out that the entry was, or still is inaccurate and damaging because it shows the debt as remaining unpaid - probably a better option seeing as the CRA appears to have simply taken their stance based on info from Barclays (as per post #41 above).

 

Barclays say in post #27 that the a/c has a nil balance and this info was conveyed to the CRA on 6/10/07. If the CRA failed to correctly show the a/c as settled then they are responsible (perhaps jointly with Barclays) for the error and damage to your reputation.

 

I'd therefore reply to the CRA that their adverse entry about the matter remained, or remains, long past the date when the a/c was settled and that you expect them to amend the CRA file as previously requested and to offer you compensation for damages. And, if they fail to remedy the situation immediately and offer adequate compensation, you will take court action against the CRA and Barclays jointly.

 

:-)

Edited by slick132

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Thank you for your e/mail. I am currently liaising with our recoveries department and credit reference agency liaison department to find out more. As soon as I know something I will contact you as a matter of priority.

 

Yours sincerely

 

Not impressed

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I said " I'm sure it'll look good for you In front of a judge were you have blatantly lied, and put it all in writing.."

 

 

After further investigation I would like to confirm there has been communication breakdown between Barclays and the credit reference agencies. Whilst our records say we notified the CRA in 2007 I am not entirely satisfied that this information was delivered or received by the CRA.

 

If you can bear with me, I will revise my response to you and also make arrangements to remove the default completely from your credit file, so you don't have to wait a few more weeks for it to expire.

 

I cannot apologise enough for our error and I would like to thank you for being persistent. I will now make the necessary arrangements and get back to you with further updates as soon as possible.

 

Yours sincerely

E

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I've reminded him of how long this has affected my rating and I have proof from lenders denying me credit.

 

"Thanks for that information. I will of course consider a goodwill payment in light of our error.

 

Clark"

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Hi HO,

 

Did you have a look at the two cases I mentioned in post #31.

 

I will ask the Site Team for additional input here, to see what may be reasonable as compensation in these circumstances.

 

Please bear with us.................

 

:wink:


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I did, I nearly fell off my chair at the amounts!!!

 

Thanks very much

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