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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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thehopefulone

Identity Fraud: MMF & Mr Lender (PDL Finance Ltd)

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Hi this is my first post, so I hope this is of use to someone like me.

 

I had contact from Motormile Finance UK Limited (MMF) first in June of this year, advising me of a debt (which I never took out) with Mr Lender otherwise known as PDL Finance Limited.

 

The debt I have learned was taken out in November of 2012, this i discovered from my Callcredit credit report which I applied for after discovering this information. MMF have stated that "..further to the communication from Mr Lender..."

 

I have yet to receive any communication from Mr Lender in relation to this loan to my home address, they appear to have just paid a loan to some fraudster, not confirmed by post anything and sold the debt to MMF some months later. What is worse is that after a couple of months communications by post and email (which they do not seem to acknowledge or respond to) I have to print out the email and post it to them (MMF).

 

This week I received a very short letter from MMF after I made an official complaint, advising me that the debt IS NOT FRAUD, and that collections activity will resume.

 

This made my blood boil and me feel quite sick to say the least. I do not have an account number (yet) from Mr Lender, which I have this week requested, as I am therefore referring this complaint to the Financial Services Ombudsman and they require an account number, I only have the MMF Reference Number.

 

The FSO told me that MMF will have to give the debt back to Mr Lender/PDL Finance Ltd and they will investigate and make an adjudication. I also have taken out CIFAS Registration to try and prevent fraud happening again.

Edited by citizenB
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Get actionfraud involved. Mmf think uk law does not apply to them.

 

Contact the oft and fca as well.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I've asked someone to pop into the thread when he has time. He has a lot of experience with mmf and may be able to help you get this sorted


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Looking in as requested.

 

I'm going to draft a letter for you to put MMF on notice that they MUST properly investigate this matter and make fully reply.

 

 

Private & Confidential

For The Personal Attention of:

Mr Roberts Sands

Director of Compliance

MMF Ltd

 

Date:...................:

 

Ref: use MMFs

 

FORMAL COMPLAINT:

Breaches of OFT Guidance on Debt Collection.

Fraudulent Loan Application

Failure to Properly Investigate.

FOS Statement.

 

Dear Mr Sands,

 

TAKE NOTE this communication is made as a FORMAL COMPLAINT and MUST be fully answered within 56 days from the date hereon.

 

I refer you to correspondence from MMF Ltd dated xx.xx.xxxx, bearing reference No. xxxxxxxxxxxxxx., this is in regard to an alleged debt arising from a fraudulent account opened in my with 'Mr Lender' a 'payday loan' company.

 

I do NOT acknowledge any debt to MMF Ltd., I am not now nor ever have been a customer of Mr Lender.

 

Having made a previous complaint to which MMF Ltd have made no proper reply, not having explained of proved in any way that the alleged debt is not fraudulent, this FORMAL COMPLAINT is made prior to complaints to the regulators regarding the conduct of MMF Ltd and its fitness to hold a 'Consumer Credit Licence.

 

I refer you to the OFT Guidance on Debt Collection 2003/2006 updated Nov.2012 and in particular section 3.9 (j) (Deceptive and/or unfair methods [of debt collection]:

 

This clearly states that ' it is (unfair) requiring an individual to prove that he is not the actual debtor who owes an outstanding debt', as I have clearly and formally stated that I am not the debtor MMF Ltd seeks ALL collection activity WILL now cease.

 

The FSO has advised me that MMF Ltd should pass the alleged debt back to the creditor, the matter will be investigated and an adjudication made.

 

I also refer MMF Ltd to section 3.9 (k) of the guidance which It must be aware of given the companies unenviable reputation for ignoring guidance, regulation and legislation relating to debt collection.

 

For clarification and the avoidance of any misunderstanding MMF Ltd MUST not the following;

 

1. I name do not acknowledge any debt to MMF Ltd, and confirm that I am not now nor ever have been a client of Mr Lender PDL.

 

2.This account is fraudulent and all liability is denied.

 

3. MMF Ltd MUST return this alleged debt to the original creditor for investigation

 

4. MMF Ltd WILL cease all contact with me other than in writing by Royal Mail, (proof of posting is not accepted as proof of delivery).

 

5. I am aware that MMF Ltd frequently makes 'threats' of 'Home Visits' take note such visits are NOT acceptable, despite MMF Ltd claiming such prohibition does not apply to it, this is of course nonsense.

 

Mr Sands, this is a personal communication and I require your personal attention to this matter.

 

This communication is sent by RM record/signed for delivery, its receipt will be checked.

 

I suggest you copy this with a covering note to the Compliance Manager at Mr Lender as well.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi,

I was a victim of identity fraud in around June 2012. "Someone at the time took out loans in my name with quick quid and lending stream".

It was a lot of hassle at the time

( I went through the police action fraud, recived a crime number and after a month or so I signed a couple of letters from both companies and the matter was cleaned up.

 

I also opted at that time to put extra restrictions on anyone else trying to fraudulently take out any more loans in my name.

 

"Let me just say that I have never ever applied or taken out any loan other that a mortgage for our home that is now fully paid off".

 

back in June 2017 I started receiving letters from MMF motormile finance now Lantern, stating that I owed them £250 for another loan from what turns out to be taken at around the same time as the other loans in 2012!

I phoned them straight away and explained what had happened.

But all this did was for them to send demanding letters on a weekly basis!

 

I forwarded the police action fraud crime number from 2012 thinking that that would be the end of the matter.

But all they do is keep sending me more demanding letters.

 

Are these people above the law or what!

They keep asking for very personal details e.g bank statements from 2012,

my national insurance number,

payslips,

photo id from a passport or driving licence.

 

I'm sure it would be reckless to send such sensitive information to a bad debt collecting company!

 

(Do they cover their costs by selling on this very useful and very accurate information to third parties?)

It would be very lucrative if they did as they would have all the information to take out a loan in my name!!

 

What's going to happen in another few years, Am I going to get demanding letters form another bad debt company??

 

As much I want to clear my name I am very sceptical about about how they would use that information.

I lay awake at night worrying myself to death, I am frightened about what they might do.

 

I have been to Citizens advice bureau who just say go to police action fraud! its bonkers.

 

If a company doesn't accept a police action fraud number and the evidence from the time of the identity fraud then they are surly acting above the law!

Edited by Ian-Do
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You need to create your own thread ian. You posted on a 5 year old one.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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start a new thread


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

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