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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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katytatlow

Unrefunded unauthorised direct debits

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On 12th September 2012 two unauthorised direct debits came out of our Lloyds business account for £183.60 each (total £367.20) going to a company with which we have no agreement.

 

We found out about this in December when completing our vat return and phoned Lloyds on 12th of December to notify them.

 

We were informed on the phone that the payments would be recredited to our account and the direct debit cancelled and that this was being actioned immediately. Job done.

 

We phoned back, just to be on the safe side, spoke to another member staff who confirmed that action was being taken,

and enquired if we should cancel the direct debits manually via the online control panel.

They were non-committal and said that we could if we wanted to. We did.

 

Upon checking the account again on January 15th we noticed that no credits had been made to refund these funds.

There is no contact email or messaging service via the online facility and so we were forced to telephone Lloyds once again.

 

We explained the situation once again and asked them to check on the status of the refund.

 

We were then told that the refund had been "actioned" on January 11th and that the funds should appear within 3-5 working days of that date.

 

We complained that we were informed on December 12th that the funds would be recredited to our account immediately.

They responded that as it was an indemnity claim going back some months that it takes longer to process.

 

Whilst renegotiating our overdraft facility on January 16th, another extended phone call, we enquired as to the status of the refund again.

After a lengthy explanation we were told that it had indeed been actioned and that it would take 3-5 days.

No explanations were forthcoming regarding the assurances given on December 12th that the refund would be made immediately.

 

When asked for a reference we were told that this was unavailable.

When asked to be referred to a supervisor we were repeatedly told that one was unavailable.

When asked for a email address for the complaints department I was told there was none.

 

When asked for an address for the complaints department we were told that they did not have one.

 

We were told that a complaint could be raised by them but no reference could be given.

 

We agreed to the complaint being raised and were asked to ......... please hold.

 

More than 10 mins later and back on the line we were told that a complaint had been raised and "would we accept £50 for the trouble?".

 

We replied that, no, we would not accept the pay off as we had no information from them whatsoever regarding the refund

and obviously could not now rely on information given over the phone as this had proved to be incorrect previously.

 

We asked again to speak to a supervisor, or at least to the person who had authorised the £50 pay off, but were told that they were unavailable.

 

We asked for the contact details of the Banking Ombudsman and were told that they did not have one and maybe we should look on Google.

 

After a great degree of cajoling, and threatening to take the issue to the Banking Ombudsman,

we were then, very reluctantly, given a reference number for the "indemnity claim", a "complaint reference", a "team manager's" name

and the address where the staff member was situated. We were still refused any contact info for the complaints department.

 

The whole phone call took 1 hour and 15 mins.

 

As far as we can see Lloyds bank have conducted unauthorised borrowing of £367.20 from our account for over 30 days.

 

Are we within our rights to demand the interest due at the current Lloyds unauthorised business borrowing rate,

together with the original sum plus expenses for the time and inconvenience caused.

 

Also ... surely Lloyds bank (as with any on-line business) cannot refuse to provide an email complaints contact address.

 

This wall of misinformation and timewasting is incredibly frustrating.

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if it WAs a DD and ir WAS

 

under the DD guarantee they should have reversed it within 12hrs!!

 

 

i know you've prob heard it from them all before

 

no we cant etc etc

 

the DD guarantee is INSTANT no quibble thats what it is there for!!

and they MUST refund any costs/charges you have incurred too as a result.

 

you should seek compensation as well

 

there is a complaints tab on the lloyds website

 

hit them with that too.

 

dx


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Thanks dx100uk - errr.... I can't find any complaints tab on the Lloyds website - where is it?? I'm trying to get a formal complaint off to them but can't find an email address or message form anywhere !!

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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bugger you beat me mike!!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Cheers guys - just found the online complaints form - very well hidden indeed. Fired off a complaint and request for compensation and immediate refund.

 

Will let you know any progress.

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My advice to you, from person experience, would be go in to your branch and ask to see the manager and only the manager. Tell him exactly whats happened. They will sort it for you.

 

The frontline staff (as I call them) are clueless and again, from previous experience, cannot even use the in house system properly. They're sending you in circles.


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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Thanks Noddy.

 

I have sent my complaint via the on line form (twice) but have not recieved any email confirmations !! I am not convinced the online form is working. My 'absolute' promised phone call and refund for Thursday am has not happened (predictably). So feeling a tad ignorded.

 

Happy weekend.

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Thanks Noddy.

 

I have sent my complaint via the on line form (twice) but have not recieved any email confirmations !! I am not convinced the online form is working. My 'absolute' promised phone call and refund for Thursday am has not happened (predictably). So feeling a tad ignorded.

 

Happy weekend.

 

They're absolutely gimmicks mate. I dont know how Lloyds work, the complaints might be sent abroad (a county where Enlgish isn't even a first language) then might be referred back to the UK if its considered important, in the complaints form people might just leave a negative feedback/comment so rather than pay UK staff at the local rate they may people peanuts in India to flick through complaints.

 

With me, HSBC put a default on my credit file which shoiuldnt have been there and instructed debt collectors to still collect the amount from me. When I went to HSBC the little frontline idiots couldnt find any information on their own system so I always had arguments with the debt collectors disputing that am not liable.

 

When some months went by and I tried getting a mortgage I couldnt because my credit score failed as it was "poor" due to the default. I was about to give up and let 6 years go by... but no I thought that is a long time. Went in, and asked for the manager. The frontline clowns asked me "why, whats it about" I said "I cannot discuss it with you, I need to speak to the manager its urgent and cannot discuss it with you" (this shut him up, as I was already annoyed with the whole fiasco). The manager popped down, spent 30mins on the computer infront of me found the details and said "you are right there shouldn't be a default on your credit file". He phoned up the relevant department and he was told "the default will be removed within 5/7 days". And that was the case. He even wrote me a letter explaining everything, which I am using to sue them now. A few times after that I had different debt collectors harass me, and I went into the branch again and he again told them to back off.


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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