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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help ***Resolved***


surrey_36
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Hi Ell-enn, I have been making the mortgage payment for the house for the last 7/8 months - including a small amount of £20 towards the arrears.

 

I am also paying council tax (although this months payment has not gone through).  There are no other loans, only small debt with Vanquis.   Have defaulted on 2 small other loans.

 

Otherwise nothing being paid out that does not need to be (apart from Netflix and my Microsoft Office Subscription) - otherwise we manage on the minimum.   Not bought any new clothes or shoes for a long time.   We are healthy and that all that counts but we don't want to lose our home that's for sure

 

Hiya Dx

 

Im pretty sure It was phone calls rather than letters, but ill check.. I remember they called and were extremely friendly and offered at one stage a payment of £3k to settle the debt- which if I had of had that I would have done

 

Hi Peter

Not really any other debts.

Only small credit card about £600 - couple of other accounts defaulted (not massive amounts about £1300)

Value of Property Quick Sale £250

Mortgage £170k +£50K  i owe to my parents for paying for building work a while ago.

 

I really don't even want to look at housing options I really will find that incredibly depressing.  

 

to be honest I'm so stressed out about this whole thing and worried about my parents and family at the moment that,

 

I'm really thinking about just contacting the TLT solicitors and talking to them about what I need to do to get out of going to court because I really don't think mentally i'm in a strong enough place to be able to handle that at the moment. 

 

Its been a tough ride for a while

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So mortgage + secured loan debt is £220000 compared to a quick sale value of £250000.  

 

With all of the costs that will be added, and a  much reduced sale price if they sell after repossession, any equity could be wiped out, with the possibility you could owe a debt.  If you think a quick sale would achieve £250k, I think the amount they would sell it for may be considerably less than this.

 

Have you discussed this with the mortgage company ?

 

It might be worth contacting the Housing charity Shelter to see if they can help you ?   

 

https://england.shelter.org.uk/housing_advice/repossession

 

I think you should fight to stop the repossession and part of this may be offering a bit more than £20 to cover the arrears, if you can.  And may be the mortgage company might be willing to help, as they might think it is  not in their interest.   

 

Ell-enn is much more knowledgeable on this topic.

We could do with some help from you.

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god I forgot you are with kenny's

rock and a hard place.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Given the current circumstances with Government suspending the housing market, I wonder whether Courts would be accepting repossessions anyway.

 

It cannot be in anyones interest for such a process to be happening now.

We could do with some help from you.

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I cant get through to Kensington - 2 hour wait time!

Do you think it might be a good idea to call TLT solicitors and explain that I written to Coast and asked them for the SAR - so I could calculate the charges that were incorrect and then setup the repayment with them - is it worth a phone call to them or not?

 

Also worried that I have not filled in this court form yet (N11M) - I think I have 28 days!

 

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 Your N11M defence form should be at court at least 7 days before the date of the hearing.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 1 month later...

Hello CAG - I'm sorry for not updating this thread before now. 

Its been a crazy few weeks with the kids at home - very difficult to get on with anything!

 

Good news

- I received a letter from TLT Solicitors saying that the Court Hearing had been cancelled and they advise that I go back to Coast and make an arrangement with them.

 

So, without the full statement of account, I'm now going to write to Coast requesting again SAR/Statement of account so I can go through all these charges and put the spreadsheet together.

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  • 2 weeks later...

An update on this thread , received a letter from Coast requesting:

 

Completed Income & Expenditure & 3 months bank statements - I did make a mistake and spoke/or rather listened to them on the phone and they repeatedly used the words 'court hearing', several times if this information was not received.   I requested they put the request in writing and also included the SAR information that I have been waiting for.  I have also sent a letter by recorded delivery requesting this.

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A court hearing would be a good thing. The judge generally reduces the offer.

They are very aware that these companies "set people up to fail", by burdening them with to high a repayment schedule. You could insist that a judge ran his eye over the document.

 

Dont let them bully you with threats of going to court, call their bluff. Make sure you get everything on there, Christmas, Birthdays, holiday savings travel etc.

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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3 hours ago, surrey_36 said:

An update on this thread , received a letter from Coast requesting:

 

Completed Income & Expenditure & 3 months bank statements - I did make a mistake and spoke/or rather listened to them on the phone and they repeatedly used the words 'court hearing', several times if this information was not received.   I requested they put the request in writing and also included the SAR information that I have been waiting for.  I have also sent a letter by recorded delivery requesting this.

 

They are trained to do that. Bully, intimidate, belittle, make you feel guilty, make you feel small and ultimately agree to something that is in their advantage. Which is why you must ALWAYS communicate in writing.

We could do with some help from you.

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Thank you London1971 and PeterBard,

I have received a letter today with an invoice for £800 approx for their legal fees for the recent adjourned court hearing.   

 

Yes they have been bullying me for a long time.   

they have used some shocking tactics such as calling my elderly neighbours to ask them of my personal details and work situation and also leaving 'While you were out cards'. 

 

CAG has helped me immensely throughout this over the years. 

The saga continues. 

I wish i was in a position to just settle this up.

 

Should I be sending them 3 months bank statements as they have asked for?

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If it was adjourned..then why are they billing you ? 

We could do with some help from you.

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Ill just copy bulk of doc:

 

"Our solicitors were instructed as a result of legal action that took place in respect of outstanding arrears on your account.  In accordance with the terms and conditions of your loan agreement, the legal costs incurred below have been applied to your account. 

 

This fee will not attract interest and will not affect your current arrears balance.  This will remain on your account until you pay the fee or when your account is settled."

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£800??

they are having a laugh!!

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How kind of them for it not to be attracting interest

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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  • 2 weeks later...

I have received the letter from Coast with an income and expenditure and their request for 3 months bank statements but i have not received the SAR they promised to send, I keep chasing this! Ill write again and request they send it

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if they've exceeded 30 days

 

goto the ico and complain 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If they have been calling your neighbours then that is completely out of order !!    You should be making a formal complaint - would your neighbours give a statement of what calls they received and the questions asked?  Who are the "While you were out cards" from?

If they want income and expenditure make sure you use our budget sheet, not theirs.  If you can't find it let me know and I'll send you one.

 

Also write and ask them for a breakdown of the solicitors fees - who are they using ?  silks?    Probably their in-house "legal" department  at virtually no cost.

  • Like 1

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1 hour ago, surrey_36 said:

I have received the letter from Coast with an income and expenditure and their request for 3 months bank statements but i have not received the SAR they promised to send, I keep chasing this! Ill write again and request they send it

 

Right!, the employees you have been speaking to on the phone clearly haven't had any GDPR training.  Frankly Coast are playing games with you, and they can be the only loser here. Ignoring an SAR request can open their company up to almost bankrupcy level fines from the ICO. In fact the CEO should fire the person who took the request and igonored it immediately. It's that much of a hot potatoe!.  It's almost weaponised stupidity on their part for the sake of £800.

 

Report them to the ICO, just do it, don't tell them you are going to do it. Link below.  Then you write to the Data Controller and the CEO of Coast explaining that you have filed a complaint with the ICO because they ignored your request. Watch how quickly they back down!

 

https://ico.org.uk/make-a-complaint/

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Did you send your SAR request by recorded mail ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 5 months later...

Can anyone offer me any advice in regard to equity.  I have small debts but one 20K secured loan.   I am in arrears with my mortgage by about 7K and I just wish i could get to the equity in the house so that I could clear this amount.   I cannot see how this is possible because of the debts my credit rating is terrible,  but if the debts were cleared my credit rating would repair.

 

I understand Equity release is for over 60's (Im 48) - I have an Interest Only mortgage that comes to the end of its term  in 9 years - so will need repaying by then!

 

Can anyone advise me if there is anything I can do in terms of accessing equity? My mortgage is with Kensington Mortgage Company

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I have sent Coast an Income & Expenditure to hopefully organise a token payment to them but they have replied asking for :

 

1. 3 months Bank Statements and proof of income, wage slips or benefits'

2. Is 1st charge mortgage on an interest only or repayment and what's the remaining term.

 

I don't feel comfortable sending this information at all especially given the unbelievable tactics they have used before (contacting neighbours) - leaving Royal Mail while you were out cards to get you to call them etc)

 

However, not so long ago I had court date from them and I don't want to go down that road again, the thought of court is too stressful and brings me very strong anxiety.  I would like to come to an arrangement with them (albeit very small/token as I am struggling on a single income with 2 children)

 

Thank you to anyone that can help me on this 

 

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why are you giving in to these sharks???

 

did they comply with your SAR?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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