Jump to content


  • Tweets

  • Posts

    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. You can mention in the “Reasons” box that you returned the request for driver’s details as required. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.  
    • Probably very expensive to replace what car and model who is your finance with ?   Andy
    • Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy   .
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

House repossessed 19 years ago


woodmio
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3567 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Surfer01

That would have been nice at the time but when I took out the mortgage they were more bothered about selling mortgages than insurance.

I was also in a "safe" job with the coal board and didn't think I'd need one. What a difference a few years and a change of government can make, at least now I've gained a first class degree in hindsight.

Link to post
Share on other sites

  • Replies 95
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The information provided falls far short of what is required in response to a SAR.

 

Advise ARUK you require all information regarding the Repossession,all letter's.statements,valuations,the price the house as sold for,all solicitor's correspondence, interest charges and until you receive this information from them all payments will cease as you feel you have paid far more than is required

 

Use the CitizenB letter on page 13 of this thread and amend as required

 

FS

Link to post
Share on other sites

Thanks firstship,

I will have a look at Citizenb's letter and probably send it when I've doctored it to suit.

 

In the meantime how will it affect my case if I did stop payments as

 

I have received nothing more than court threats and I don't want to adversely affect any future court case.

 

Also as mentioned in an earlier thread my loan was taken out with a firm called J & J Securities

but the doc Ive received from Asset Recoveries

 

shows part of an application from afirm Ive never heard of called Midland and General securities.

 

Any ideas??

Link to post
Share on other sites

Hello again

It just got weirder.

 

I've looked up midland and general securities on t'web and

 

they were incorporated 28th March 1996

(2 years after our house was repossessed)

 

and dissolved on 19 september 2000

 

so where do they come in to the equation????

Link to post
Share on other sites

I agree that they appear not to understand that the Request is indeed a request for ALL data in connection with your relationship with them. However, the following SAR is specifically for mortgages, so you can adapt this for your needs and return it. Any more nonsense from them, then you will need to make a complaint to the Information Commissioner.

 

I suspect that not making payments might well cause them to become unpleasant. I will send out an S.O.S for you.

 

 

Your Address

 

 

 

 

 

By recorded delivery

 

 

 

Date:

 

Lender’s address

 

 

 

 

 

 

 

 

Subject access request

 

 

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

Specific details of the handling of the marketing and sale of the property after possession:

 

1. Details of the agent(s) responsible for marketing the property, a list of the offers received and how they were reviewed.

 

2. Copies of any newspaper or internet advertisements relating to the sale of the property.

 

3. Copies of the valuations received on the property (minimum of two is required under the CML rules).

 

4. Selling agent’s report on activity and any reports relating to visits to the property to ensure security of the property.

 

5. If the property was sold under value please provide reports and supporting evidence to prove that the best offer was obtained.

 

6. If the property was sold at auction, please provide reports to support the decision to sell at auction.

 

7. Specific details of the fees or charges levied by any other agency in respect of this account and a detailed breakdown of said fees or charges and what each charge relates to and on what date said fees or charges were levied.

 

8. A genuine copy of any notice of fair use of my data as required by the Data Protection act 1978.

 

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

I enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply.

 

Yours faithfully,

 

XXXXXXXXXXXX

 

 

 

Enc. Statutory fee £10 – postal order number:

 

 

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

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

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

  • 9 months later...

Hi Guys

Heard nothing from Asset Recovery for months and

 

now Ive received 2 letters on returning from a recuperation holiday.

 

Ive uploaded the letters.

 

The second letter seems more threatening,

 

so any input would be appreciated.

Link to post
Share on other sites

Did you sar them?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Do you know what the amount of shortfall was at the time of repossession?

 

I would imagine that, given it's 20 years since the original order for possession, they would need to apply to the court for permission to enforce that original order.

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.

Link to post
Share on other sites

Hi guys

I sent the SAR and t

 

hey pretty much repudiated that they needed to give me any more information.

 

I have found some of the correspondence but am missing one letter.

 

I will search for it tommorrow and upload it asap.

 

I think the missus has filed it instead of me so it will be in a "safe" place

 

.If not I will upload the relevent letters I have found.

 

What I sent was a SAR along the lines of Citizen B's form on this thread 27th Sept 2013.

 

Keep up the good work guys and thanks.

Link to post
Share on other sites

Have you still been paying?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

How much do you think you've paid them since the repo and how much was the shortfall originally ?

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.

Link to post
Share on other sites

Hi Team

I'll give you all the new info that Ive managed to find.

 

I'm sure there is another letter missing which I will search for and upload.

 

They also sent me a payment statement showing I have not missed a payment since the account was "handed" to them on 01/10/2000.

 

Opening balance shown £12,507.59.The current balance is £11,772.59.

 

Please read the uploads and give me your views.

Link to post
Share on other sites

So it's gone down about £800 in 14 years?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Yes from year 2000 to date.

 

Various reasons,

 

one being that at that time that I had a familly of five to house and feed.

 

I had to borrow heavily from familly and friends and was self employed with a struggling business.

 

As my situation improved slightly over the next years I

 

have spent my extra resources on repaying those who helped me out when I needed it.

Link to post
Share on other sites

Hi guys

Any feedback on the docs I uploaded on July 10th especially Doc 3 and 3b.

 

I am not going to put a voluntary charge on my property as Having lost one property to repossession

 

no robbing debt collection agency is going to get another bite at that cherry.

 

Thanks guys.

Link to post
Share on other sites

Are you in a position to get some money together to make an offer for full and final settlement. Maybe start with an offer of 20% but you may need to settle for more.

 

Also, do you have equity in your current property? If you were assured they wouldn't force sale, would a charge be the end of the world? I'm not saying you should agree to a charge but consider if it might be an option.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Hi Caro,

 

Sorry to take so long to reply but Ive been reviewing my options.

 

I finished work in December on health grounds and I officially retired in March being an official recycled teenager.

 

I do have a limited amount of savings but if I cut into these they would be irrepaceable on my pension.

 

There is equity in my house but

having one house repossesed there is absolutely no way I'm going to put another property in the hands of these people.

 

One thing that does have me puzzled though is that in thread 27

I received a copy of one page of a loan application form from a firm called Midland and General Securities Ltd.

 

I've done a bit of research and this firm was incorporated on 28 03 1996

two years after we were evicted on 19 Dec 2000.

 

I never took out a loan with this company and have no knowledge of any dealings with them

 

The loan I took out was with J & J Securities and no mention was ever made of any other company being involved was made to me.

 

Any thoughts on this.

 

The document is incomplete but thats all they sent.

Link to post
Share on other sites

Is there anything in what they've sent you that proves that the original amount of the shortfall is correct?

 

 

I've asked others in the site team for their input.

 

You could send a letter about the incomplete sar and/or contact the ico and tell them you have had no dealings with midland and general.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Info courtesy of sti007.

 

I have just checked Companies House

 

MIDLAND & GENERAL SECURITIES LIMITED http://wck2.companieshouse.gov.uk//compdetails

MARCHANT HOUSE

PATTINGHAM ROAD WIGHTWICK

WOLVERHAMPTON

WEST MIDLANDS

WV6 8DD

Company No. 03179615

 

J. & J. SECURITIES LIMITED http://wck2.companieshouse.gov.uk//compdetails

1 TELFORD WAY

LUTON

LU1 1HT

Company No. 01335672

 

Both of these companies are Dissolved if these are the correct companies. (We need more info from the OP to confirm if it is these companies)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Also courtesy of stu007.

 

Had a good look at the thread to try and get a timeline but difficult this is what I have:

 

1. Main mortgage Provider of Property and date taken out unknown?

2. J & J Securities Ltd - Secured Loan against Property taken out unknown?

3. Knowle Portfilio Investments - Assigned in November 2000

4. Asset Recovery UK - Acting on behalf of Client Knowle Portfolio Investments from unknown?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...