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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Ppi claim new information found need help


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Hi Everyone,

 

 

I have a thread where I have sent my claims for both EGG CC and EGG Loan.

 

I have since found that I also had a Capital One card that had PPI too.

 

After going through all my papers I have come acrossed a hospital letter from May 2013.

 

Within the letter it states that I have had a condition known as Hidradenitis Suppurativa since May 2003.

 

It has only been since 2012 that I had a diagnosis but I was having symptoms since 2003.

 

I have already sent off 2 claims for Egg both stating that they were pre ticked boxes

and that I was told that it would greatly improve my application to take out PPI.

 

Now on these I have my terms and conditions and

within it states that I am not covered for 'Pre existing medical conditions'

Egg never asked me about my medical history or suitability.

 

I can see that I wouldn't have been covered for HS which has been ongoing throughout.

When I took out the policy I wouldn't have known that I had a condition

as I had only a few abcess' and was told that it was a skin infection.

 

In 2011 I was then told that they were reoccurring Abcess' and finally in 2012 I had a diagnosis.

 

In regards to Capital One.

I rang them as I had an account in Oct 2003 - Feb 2008

and asked if I had PPI (I don't have any paperwork) and was told that I did.

 

I was talking about it with my Dad and he remembers that he actually helped me with the online application.

He remembers it because it made him open one also.

He remembers that the box was also pre ticked as with Egg

and he was also shocked when I said that it was optional.

 

We were under a reasonable impression that it was not optional.

 

I received only a summary of the PPI with Capital but never a full policy explaining the exclusions.

(Capital One were actually fined by FSA for that in 2005)

 

With both of these agreements would my illness have been considered to have been pre existing?

noting that I had only one outbreak during between may and dec 03.

Egg did sent me my T&C but I was told that my application would be rejected.

 

I was also under that same impression with capital One except I didn't get any in detail policy from them.

 

Any help would be appreciated!

 

 

Louise

Edited by Sidewinder
Full name edited for anonimity purposes
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forget your medical condition

 

you nor they knew about at the time of application so appears to play no part

 

the important part here is the pre-ticked PPI page.

 

no excuses use that.

 

have you done the FOS questionnaire yet?

 

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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Thanks for the reply!

 

 

Yes for Egg loan and the one from the Barclays website for the CC. With the Pre tick boxes is there success.

 

I'm thinking that by given a reason why I wouldn't have been suitable

then it might add weight to my claim.

 

I can understand how they would not know if it would reoccur neither did I,

but from what I have read if people do have symptoms before a policy is taken out

and after when they become ill again then this can be seen a 'a pre medical condition'?

 

With HS the main symptom is abcess' and tissue inflammation and its the nature of the disease.

If my medical history was taken I would've mentioned that as it was multiple abcess' over a few weeks.

 

With Capitalone I have given my points for my complaint as being

 

1. The PPI box was pre ticked and nothing on the page showed that it was optional

(I also mentioned that I had applied for another card where it too was a pre ticked box

and was told that if I didn't take PPI my application would be rejected)

That was used to highlight the importance of information.

 

2. That I was not sent a full policy which outlined terms and conditions and their limitations or exclusions.

Nor any explanation in the terms used.

This has never been sent.

I also stated that I understand that its unadvisory sale

but how can I make a decision without information or to tell me that it was optional.

I also said the same in regards to a cooling off period.

 

3.I have mentioned my illness and that I was having symptoms but didn't have a diagnosis at the time.

If I had been given all the information with the limitations & exclusions t

hen I would've been able to make a responsible decision.

I also said that I still to this day don't know if I could've claimed for sickness.

I am hoping this will be enough.

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so you've sent this to cap1 using the FOS PPI questionnaire?

 

its sometimes better not to use a scattergun approach

unless/until they refuse your claim.

 

an unadvised sale is just that

so they can totally ignore whatever medical stuff you comeup with.

 

it was 'unadvised'...end of .

 

te main reason is the website was preticked

and you were unable to progress without it being ticked.

 

the FOS, if it ever gets that far.

will know this fact already because of previous complaints.

 

the trouble with bringing in medical stuff or other 'excuses'

it allows the FOS or more correctly forces the FOS to examine ALL the issues with the sale

 

they have sadly on numerous occasions ruled that

regardless of the site having the pre tick 'error'

it was unadvised, and rule in the creditors favour.

 

dx

 

 

 

is i

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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ah ok I didn't actually realise that.

 

To be honest I kind of wanted to explain away their excuses before they used them

also the same with the 'Cooling off' comment.

 

Exactly and that reason why I want to make sure that not only was the box was pre ticked

they did not send me any information that detailed my policy

so how can I make an informed decision without even knowing I had one!

 

I have read a lot of rejections and it seems to be a generic letter because every thing is the same.

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