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    • Thanks,    I've read the info from the link, nothing I wasn't aware of really. I wouldn't talk to a DCA anyway or anybody else over the phone for just about anything, hence the reason I refused to give them my details when they rang up. The only "conversation" I had was when they rang me and asked me to confirm my details, which I refused to do because it could have been anybody on the phone and as I said, I'd never heard of them anyway at that point. I asked them to contact me in writing, if they wished to pursue the matter, with "a copy of the Agreement" and the reply was that "there isn't one". At that point I said "we have nothing more to discuss then" and ended the call.    I'm still not happy about posting the entire details online but I'll take a look at some of the other threads to see if there's anything relative. 
    • Looks like my mistake. The new machine requires the full reg to be entered now, whereas before, only the first two numbers were required. I entered the first two numbers.
    • Reciveed a summary warrant, phoned up the council who said it was not longer anything to do with them and I'd have to speak to walker love the firm who deal with their summary warrants. I said I wouldn't have anything to do with them becasue it looks like a dodgy dca and I  I don't trust them, the debt is with the council not walker love. Anyway turns out they have no record of an arrangement to pay last years outstanding amount so whatever's gone wrong they have cancelled this years installments, even though regular payments have been made, they then took a summary warrant for last years and this years outstanding amount. I've cleared last years outstanding amount to the council and have a payment reference number, and the council say they'll make contact regarding a single person's discount  which was missed and then calculate the payments for the rest of this year. They say they sent out three letters threatening the summary warrant which were not received. Now to my question, my argument that the debt was with the council and not walker love, and as I've paid and agreed to pay what and the council say they'll contact walker love and stop the action, is this correct or will walker love still pursue? 
    • I'm trying to get my head around this. In effect, over the years you have been paying your own bill for yourself and also the bill for your neighbours usage as well – as metered. At the same time your neighbours have been paying their own water bills based on an SS charge. This means that Yorkshire water have been receiving double for your neighbours water. Now they are proposing to return to you the portion which which they now say represents the amount of water used by a neighbour. I think it would be interesting to talk to your neighbours and see if you can get copies of their bills over the years. Our Yorkshire water proposing to return to you the same amount of money that they charge your neighbours? Even if your neighbours don't have all of their bills to hand, maybe they've got one or two bills available and if it looks as if there is a discrepancy then maybe your neighbours would be kind enough to send the water company and SAR as well. I don't know if I have suggested that you read our customer services guide – but if I haven't then you should do so and implement the advice there in case you have any telephone dealings with the auto company. You haven't said whether you want to have a metered supply or to have an SS charge. Please let us know because it makes a big difference to the final solution you will be looking for. If you want to metered supply then I think you are absolutely entitled to insist on it and you are entitled to insist that Yorkshire water and if this is in your garden, they should then pay for any repairs.
    • Not sure if this is the correct forum, so I apologise in advance.   So, the situation I am currently in.. is that a family member opened a Littlewoods account in my name, at the address I used to live at (Family home). The account was opened in November 2018, goods were obtained and then payments were missed. I usually check my credit report and score every month, but (somewhat foolishly) I didn't bother checking for a few months as my score remained the same. I didn't notice this account on my report until several months after it was opened. I obtained statutory credit reports and went through everything. I then filed this issue with Action Fraud.   I contacted Littlewoods and explained the situation to the fraud team, re-iterating the fact that an account was opened at an address I had not lived at for almost two and a half years at the point that this account was opened, not to mention the account is under a 'Mrs', when I am male. They proceeded to tell me that it was a civil matter and not one for them to deal with. I told them that the amount owed wasn't the issue, but rather the adverse effect it was having on my credit score as I was considering applying for a mortgage soon. They simply doubled down on their 'civil matter' point and hung up on me.    I got in touch with Experian, who added a notice of correction to the entry on my report and provided a template for me to send off to Shop Direct. I sent this letter off and received zero response. The family member had started to make payments after I threatened reporting this to the relevant people, but the account, and the several months of missed payments, still remain as a black mark on my credit file. I will add that I got a CIFAS marker placed on my account to try and prevent this sort of thing from happening again in the future.   I have also filed this issue with the Financial Ombudsman. I guess I am posting this because I am not quite sure where to go next or what my next actions should be to get this removed from my credit report. It is incredibly disappointing that a family member would do this to me, but it is also extremely annoying that Littlewoods themselves have been very unhelpful in trying to rectify this issue that has occurred at such a point in my life when I am considering applying for a mortgage. Any help or advice would be greatly appreciated.   Thank you.
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suffering

Lancashire Mortage Corporation / Blemain misrepresenting Claim

style="text-align:center;"> Please note that this topic has not had any new posts for the last 850 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Lancashire Mortgage Corporation / Blemain; Fraudulent Misrepresentation. I have been battling with this horrendous company trying to stop repossession. their first tactick was to try to get me to agree to a 'deal to help me'.

 

The deal would have seriously prevented me from making a legal challenge. i did'nt fall for it! They then appointed LPA receivers i challenged every stage and they backed off!

 

They issued repossession proceedings and after a year in and out of court i finally got the court to allow me to counter claim, for Fraudulent Misrepresntation and unfair relationship.

 

They have recently tried to get my claim dissmissed, unsuccesfully! now on exchange of disclosure statments, they have sent a letter asking me to concider entering into a mediation, with an 'independant mediator'.

 

Question has anyone had any experiance of these mediators. (hopefully some one from the site team will move this to its own thread as i do not know haw to start a new one)

Edited by citizenB

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I was set up to fail, when my back was against the wall. LMC director Mark Goldberg Took over from the broker changing my 2nd charge loan application to a 1st charge loan after it was signed for at solicitors as a done deal 4 weeks previous. strung along expecting the funds to be released Then told they had pulled out of development loans but could make an exeption but it would now have to be a 1st charge taking out our mortgage lender. This fraudulent misrepresentation caused me to make a decision i would normally not have made.

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I will try and find someone who might be able to help..


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LPA receivers ... is this a buy-to-let then?

 

Mediators are supposed to act as a neutral person to try and help the parties reach settlement. Generally they will speak to each side individually, and then get the sides together in a room to see if a settlement can be agreed. I think it is worth doing if there is any chance of compromise at all. It will also help to demonstrate that attempts to settle the dispute were made which reduces the chance of a punitive indemnity costs order being made against you if you continue with the case and are unsuccessful.

 

You haven't asked for input on the fraudulent misrep stuff so I won't comment unless you ask for it.


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Hi, Can i just ask what is the best course of action to take to get a hold of the underwriting sheet-do I need to give them a legal reason?

 

contact ICO for advise on this matter

 

regards

ps

I stand by your statement

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data protection & freedom of information

The Information Commissioner's Office (ICO) they should be able provide the answers you are looking for.

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Unfortunately you won't be able to get the underwriting sheet using the Data Protection Act because it is not 'personal data'. You also cannot use the Freedom of Information Act because that only applies to government bodies.

 

Assuming that you are in litigation you would need to request it from the other side's solicitors as part of the disclosure process, explaining why it is relevant to your case. If they refuse to apply you would need to apply to court using form N244 requesting an order for specific disclosure under CPR 31.12 (http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.12), attaching a witness statement explaining why you want it.


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type in cpr31.16 in consumer action group and read the treads

 

regards

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Lancashire Mortgage Corporation; lamb to the slaughter, unable to afford legal representation i have a 2 day court hearing for repossession coming up shortly. i am going over my paperwork again, and notice in the original court claim form under, particulars of claim for possession, sub headed, "about the mortgage" it states the amount loaned was £xxx the figure given is completely wrong and relates to a figure from an offer in priciple that was £33,000 less than the amount actually borrowed. can i ask for the case to be struck out at this late stage. on the grounds that i cannot defend against a loan i did did not take out. allbeit i did take a loan out for a different sum.

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Hi suffering, I think we'd need to know a bit more about the background to your claim, we don't have much information.

 

I don't think the fact they have got the amount wrong is enough to have the claim struck out. However if the amount is less than the amount they have mentioned on the claim form that would be one possible reason (among other possible reasons) to oppose the eviction.


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site team is it possible to amend the title of this thread and correct the spelling of blemain (removing the offending "a" )

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site team is it possible to amend the title of this thread and correct the spelling of blemain (removing the offending "a" )

Done


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Urgent help needed, i have a hearing in two weeks, for repossession, its a complex case, but basically, we had knocked down our family home and replaced it with 3 self builds. i applied for a loan for £50k to finish a build project for 3 houses (one our family home) after a bit of messing about by the lender Lanc. Mort. Co. they agreed via the broker to a 2nd charge unrgulated £55k loan which incorporated 6 mths payment great they asked me to sign at solicitors which i did. Note the solicitor also had to advise on the loan and sign a cert to that effect. Great! job done!

 

 

i was told the money would be transfered in the next 24-48 hours. THEN THE SAGA BEGUN. for the following two weeks i was told the tranfer was imminent. given a new dead line every other day i was phoning the broker and LMC and told it just needed signing off.

 

THEN i a received a call from the broker saying two directors from LMC wanted a face to face meeting. i agreed to meet the next day. This was to have a catastrophic turning point, their visit shown we was living on site with 3 young children. pat of the loan was to connect the water (we was using a stand pipe) rubble every where and our possessions in boxes spreed between two houses. they asked many questions i explaned we had not had any profeesional funding but had mainly funded the build from a sale of our villa. I explained we had run completly out of money and i had been working on site trying to get it done. I explained truthfully how desperate we were, hoping they would speed things up.

 

 

They had a few minutes on their own then one went off and the managing director stayed he came back over and said that due to the recession LMC along with all other lenders had pulled out of funding for developments, (this was Nov 2010) he let me stew on it for a short while, then said it was he who made the decisions, and he was prepaired to work with me and help he then said he wanted first charge taking out our high street mortgage lender.

 

 

He talked me through a new loan, LMC would incorporate 4mths payments and reduce the rate to just 1.25% for 6 months.Then rising to 1.75 Although he made it sound good, This was scary as i had always been adement i wanted to keep the original mortgage in place. As desperate as i was i explained When i had contacted brokers i made it clear, i only wanted a 2nd charge £50k loan, and i was comfortable with this, my head was spinning but was adement i did'nt want to lose my high st lender.to cut a long story short.

 

 

He agreed to the original loan and said he would sign it off on his return to his office. But asked me to concider the new loan. i received a call the following day saying the only loan available is first charge, he talked me through it again giving me incorrect figures and repeated that they had pulled out of development lending and he was making me an exeption.

 

 

In desperation i agreed. the doc were sent over to the solicitor it turned out the figures he gave me would only release £35k not the £50 needed for more incorrect agreements were sent over taking our eye off the small print causing confusion and anxiaty, documents were sent over to sign at the solicitors and again they were incorrect we the walked around the town waiting for the docs to be re written and sent over and in a state of desperation and confusion signed.

 

applied for £50k loan; Result = repayments went from 4k a month to 9k a month / £69k in arears / sold a property property after recieving a default notice saying we must pay £69k / paid £198k / rang to see if we were now in front / told no we were still in arears as they had not used the money to pay off the arears. / Had a meeting with director who tried to get me to agree terms similar to being in receivership / to stop repossession.

 

 

I refused and later found this would have effected my rights to challenge them.

They went for repossession and after a year trying to counter claim the court agreed.

Claim 1 consumer Credit Act; unfair relationship 140 a / b

2. Fraudulent misrepresentationAct 1967: Fraudulent Misrepresentation false statment of facts

This is keeping it brief !!

Edited by steampowered
paragraphs

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Question relating to my previous post have i cocked things up i.e do i need to inform the court that this claim comes under a diferent heading.

I believe this to be a)civil law and b)common law but have just found this; c)Financial Services and Markets Act 2000

Section 397 provides for two criminal offences concerning misleading statements and practices. Persons found guilty of either of these offences may be subject to a maximum of up to 7 years imprisonment or to a fine, or to both.

SECTION 397: MISLEADING STATEMENTS AND PRACTICES

(1) This subsection applies to a person who

a. makes a statement, promise or forecast which he knows to be misleading, false or deceptive in a material particular;

b. dishonestly conceals any material facts whether in connection with a statement, promise or forecast made by him or otherwise; or

c. recklessly makes (dishonestly or otherwise) a statement, promise or forecast which is misleading, false or deceptive in a material particular regaurding Fraudulent misrepresentation.

more can be read on this at http://legal.practitioner.com/regulation/standards_9_3_1.htm

 

P.S i have the false statement sent to me by email repeating what he said

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The difficulty with your claim is that the lender would not have been obliged to lend you money until there was a signed loan agreement stating this. If you incurred financial liabilities while the loan terms were still being negotiated, you did so at your own risk since the lender would have been allowed to pull out at any point.

 

What, exactly, are the false statements which you are referring to?

 

When you say you 'cocked things up', am I right to think you mean that you omitted to refer to FSMA 2000 in your counterclaim? If so, I don't think this matters. s397 FSMA is a criminal offence which does not add much to the common law concept of 'fraudulent misrepresentation' in a civil case. Its difficult to give a firm view on this without seeing what the counterclaim actually looks like but based on what you've posted I think the reference to fraudulent misrepresentation should be sufficient.

 

I don't understand why taking a 35k loan rather than a 50k loan meant your repayments increased from 4k to 9k?


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"I don't understand why taking a 35k loan rather than a 50k loan meant your repayments increased from 4k to 9k?"

the loan was substantually higher because the took out my high street mortgage provider so a mortgage was on top. however this was sorted out last minute to be the mortgage + £50k the payments started at 4k then rose to 9k @21% interest plus charges, fees etc

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i am getting increasingly concerned about the chances of a fair hearig for a litigant in person has anyone had any experience of this at a final hearing stage? against a lender

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when is a loan agreement really agreed? The reason i ask is that i had a loan switched last minute by LMC. Let me explain i had a loan agreement signed for at solicitors. Myself, the solicitor and the broker thought it was a done deal waiting for 4 weeks for the funds to be released given new dead lines every couple of days being told it is just waiting to be signed off, Then out of the blue, a director of LMC pulls the affordable deal and talks me through how a new deal would work advising and talking me through his plan. the new deal is totally unaffordable with repayments well beyond our means but the plan included 4 months repayments with a offer to incorporate further repayments into the loan. in a state of confusion with emotions running high believing this was my only option i reluctantly agreed but agree i did, so off to the solicitors to sign.

Q. when was the loan and plan REALLY agreed?. 1. verbally or 2.at the solicitors

all comments good or bad appreciated

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You should get a fair hearing. However large litigation like this is always difficult without a solicitor and the process can be intimidating for a LiP. The important thing is that you are very clear about the legal arguments you are making, what decision you want the judge to make and on what basis you want him to make it. The judge is not going to rule that you don't have to pay anything, so you probably need to be clear about what you think you should be paying and why.

 

It is not clear to me from this thread what the 'fraudulent statement' is. Identifying the fraudulent statement is obviously key to your defence. Similarly, the 140A CCA claim would need to be very clear about why the relationship with LMC was unfair by reference to the criteria set out in 140A and also by reference to past cases concerning 140A.

 

The time at which the lender is legally obliged to lend you money depends on the wording of the agreement. Sometimes it will be when the agreement is signed, or when certain conditions specified in the agreement are met. Sometimes the agreement will say the lender has no legal obligation until it has actually sent the money to you (which would mean the lender can pull out at any point). Its difficult to give a clear answer to this without seeing a copy of the agreement you signed.

 

I've flagged your thread for attention/input by other members of the site team.


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thankyou for your response Steanpowered.

( It is not clear to me from this thread what the 'fraudulent statement' is. Identifying the fraudulent statement is obviously key to your defence.)

I was told by LMC Director that along with other lenders LMC had pulled out of development finance. This is after they had agreed to the £50k loan for development. This statement was used to get me to agree to the new loan deal and with emotions running high i entered into a loan agreement that i would normally not have entred into. Note their web sites have always stated loans considered for all purposes this statement was refered to / repeated much later in writing. (evidencing it was said)

The other point i was making was when do you really agree to a loan because if you don't agree i.e verbally first the you do not go to a solicitors to get it witnessed? I am trying to pre empty the argument that lenders use when they say you had the benifit of legal advice. when anyone who has had "legal advice" about a loan will know it is very limited as it would take a weeks law and finance course, i am still getting my head around it 3 years on

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OK, it sounds like the fraudulent statement is the statement that LMC had pulled out of development finance.Can you prove to the judge that this statement was untrue?

 

Can you also show that you relied on this statement - if they had said they were still involved in development finance would that have affected your decision to agree to the new loan deal? I'm not sure I fully understand why the issue of whether or not LMC had pulled out of development finance is relevant to the loan terms that were on offer. Its worth kicking this stuff around so that you are prepared for court.

 

Usually nothing will be agreed until documents are signed. There can be a verbal agreement but you would at least need to prove that it was clear what both sides have agreed to and it must be clear that both sides intended to be legally bound.


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Thanks for the input .there were a lot of things said at the time the original loan was switched to a first charge but I can't prove it . But I can prove he said they had pulled out of development finance this has not been denied they tried to ignore it

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my case comes up next week 2 day trial the judge is a "recorder judge" not sure if that is good or bad. i am getting prepared i went to the court today and sat in a hearing to get a feel for the place, barrister, wigs, robes, full fancy dress. its been moved from my local court to Bradford. i went to try and get over the intimidation on the day and familiarise my self with the surroundings. seems the legal profession like quotingcase law but were does a litigant get hold of case law, the books cost a fortune.

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