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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   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? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   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.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Coast claim for Possession - old Welcome secured loan - twarted but still chasing and threatening again to repo


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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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stop talking on the phone   sar welcome CCA coast …. or scan up to one PDF what you got back.   dx  

You mean land registry but the charge is still in welcome name not coast?

did we ever get all the statements from welcome via sar from day one on both this and the loan is refinanced was it?   so they get their money anyway when you sell.  

Posted Images

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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thaks Uncle Bulgaria, appreciate your advice, I did try calling Kensington today but the call was cut off after holding for 70 mins! Ill try again tomorrow.

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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.

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

 

 

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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.

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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  • 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.

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

 

 

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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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  • dx100uk changed the title to Coast claim for Possession - old Welcome secured loan - twarted but still chasing and threatening again to repo

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