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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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Hi All,

 

Quick question for a friend of mine

 

His mother has received a balliffs letter regarding 3 x 100 fines for not completing the previous years tax returns from HMRC.

 

He uses his mum's address for special mail drops, car registration, etc.

 

He also has property in the UK which is currently wth tenants.

 

The car is currently not in the UK and not subject to any finance (UK Reg, mot, insured for EU driving >90 days)

 

Needless to say he left the UK over 4 years ago and completed all the necessary paperwork to become 'non-resident'.

 

I have advised him to tell his mum to instruct any balliffs who may attend for go forth and multiply (politely)

and write to HMRC advising them of when he left the UK and that at present he has no wish to return any time soon.

 

Anything else he should do?

 

Thanks

 

G

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Well she should certainly let these people know that your friend is not in the UK and is only using her as a mail drop. At least that will prevent any Bailiff activity.

 

However, I imagine they might just continue to send mail in order that she can pass it on.

 

I dont think she is under any obligation to provide a forwarding address, but others might advise differently.


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Have moved your thread to the Bailiff forum - although it is an HMRC debt, it is the Bailiffs that appear to be the primary problem.


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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i have a feeling that if the HMRC know he owns a property in the uk, they could in theory force the sale of it to get their money, i know the HMRC have substantional powers in collecting the taxes

i may be wrong but im sure ive heard of the HMRC forcing the sale of a property to pay a tax bill

 

 

found some info, they will more than likely go for bankrupcy

however the amounts seem very small for them to do this

HMRC don't like bankrupting people, but they do. If you're bankrupt the Receiver has the power to sell your home, whether owned sole or jointly. Only redemption of the mortgage takes priority over distribution of these funds to creditors, and HMRC will be first in line.

Edited by sgtbush

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i bet it not a bailiff

 

it'll be IQOR doorstepper or the other one they employ

 

get the NAME of the supposed bailiff company from the householder

 

if it WAS a bailiff they would have left a leeter

 

they ALWAYS DO, DCA's don't

 

they think they can spoof people into thinking they ARE bailiffs

 

they are NOT!!

 

dx


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