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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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Bank sends Police to my home to see if I'm still alive after I send letter!

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I find this totally amusing.

 

 

About a two weeks ago I sent further letters to my Creditors,

one of whom is Nat West Bank,

the following week I get a knock on the door from two local police.

 

 

I had no idea why they were calling but eventually they said Nat West had contacted them and asked them to visit.

 

 

Why, you may ask. Well, in the letter I said that the debt was making me feel so stressed, depressed, etc., that I felt suicidal.

 

 

After chatting with the police for a couple of minutes, they left; as they went through the gate I said:

'See you next week then when you come back to check I'm still alive'.

 

I should say I have been paying £1 per month on a regular basis to each of my Creditors for the last year or so.

The letter was an update on my situation, and I have to say that of the two banks I owe money to Nat West have been the worst and most aggressive in their approach.

 

 

Still, I was able to see the funny side of this.

 

 

I should point out that I am definitely NOT suicidal,

 

 

I am just fighting their way, by giving them something to think about in return for their aggressive stance.

 

For those interested, or having similar problems, here is the guts of the letter I sent,

please note that this was the first time I asked them to consider righting the debt off; but doubt they will - worth a try though.

 

Also, the debt charity StepChange have been very helpful to me, as has this forum. Fight on folks!

:wink:

 

 

--------------------------------------------------------

 

Dear Sir/Madam

 

I am in financial difficulties and not able to meet my normal monthly payments. I will make a monthly payment of whatever I can afford until more money is available.

 

I have enclosed my monthly budget and a list of creditors. After paying my household bills, I can pay you £1.00. I will pay this each month and tell you when my circumstances change.

 

Please consider reducing or stopping interest or any other charges on my account to help me during my financial difficulties.

 

NOTE: I have a long history of depression and am currently taking medication for this. The stress of all this is causing much distress, depression and panic attacks, leaving me feeling suicidal.

 

Please be advised that I will only communicate with you in writing.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc., (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

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Perhaps a letter to their CEO at Head Office, thanking them for their concern, however you would find it more helpful if they were to ease off on the pressure and help you find a way out of your financial nightmare, instead of adding to it.


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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

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Comforting to know that Police have so much spare capacity that they can double up as mental health / social workers and , moreover, are clued up enough to judge accurately your state of mind just before you shut the door and hanged yourself.

 

Oh and btw requesting a write off generally doesn't work unless you're terminally ill, no assets, no estate and no relatives.

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Thanks CitizenB that is a good point.

 

However, I just spoke with StepChange about it and was told that another person did this and the police turned up within a few hours and broke her door down!

 

So, I would not advise anyone to say anything about being 'suicidal' unless they were prepared for the possibility of the police turning up.

 

I only did it because I wanted to have a dig back at the banks.

 

StepChange also suggested it showed the banks were being 'caring'... and 'responsible'... hell yeh!

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Oleg - I was told by StepChange that Lloyds Bank wrote the other woman's debt off after her visit!

 

So who knows.

 

I just thought it was worth a try, but only if someone is game enough and genuinely NOT really about to do it.

 

I have first hand experience of suicide as my hubby took his own life in 1998 at the age of 37 and left me to bring up 4 children aged between 4 and 12 all on my own!

 

SUICIDE IS DEFINITELY NOT THE WAY OUT OF DEBT, from one who knows the mess it leaves behind all too well.

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Well she must have been exceptionally lucky. I have seen heart rending cases dismissed out of hand cos creditors sense they can still somehow squeeze another few drops out of the sponge.

 

Sorry to hear of your loss. Very brave of you in the circumstances to take the approach you did. Forgive my words if they were inappropriate but , of course, I wasn't aware of what had happened.

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It's okay Oleg, I am now considering bankruptcy seriously though.

 

I have had to be strong, and that strength is unstoppable.

 

If I go bankrupt the banks will get nothing, as I have nothing they can take.

 

I rent my home from a Housing Association and have nothing of value.

 

Onward and upwards I say, and as a good mate once told me: 'Don't let the buggers get you down'. :lol:

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Mrs Soup

 

Please list your debts, we can offer advice.

 

Creditor

Current owner if debt sold

Account type eg credit card

Date of inception

Payment status

Approx balance

 

We can take things from there.

 

Also pls confirm which part of the UK you live in.

 

If your debts are large enough to warrant bankruptcy but you have no assets, you can simply stop paying : they will never make you bankrupt if they'll get nothing out of you.

 

Mind you, your fan mail will increase.

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Stop paying would not include priority debts. They must never be ignored.

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Thank you Oleg, all is in hand.

 

I did post my debts on here some time ago, it will be still in the threads somewhere under my name. They total around £18 - £19k at the moment.

 

I'm happy giving them £1 each every month to keep them off my back for the moment.

 

I have support, and SSAFA (as my hubby was in the forces before his death) is currently looking to raise the bankruptcy fee for me from Charitable sources.

 

Will keep you all posted on how it turns out.

 

Thank you for your support. Fabulous forum and you have all been so helpful.

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Oh and btw requesting a write off generally doesn't work unless you're terminally ill, no assets, no estate and no relatives.

 

Sadly even then it doesn't always work, they would rather hound you until the very last breath.. yours !!


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

 

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

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ADVICE PLEASE

 

Today two letters arrived one from NatWest, the other from Lloyds Banks.

 

Lloyds Bank are asking for a GP to confirm that I am on anti-depressants and ask what exactly is the nature of my illness.

 

NatWest Bank's letter states that as they have been unable to come to a suitable arrangement with me they have passed my account details to Wescot Credit Services Ltd to act as a collection agent and they will now be dealing with my account.

 

So, what do you lovely people advise I do?

 

I am seriously considering going BR, but in the meantime what do I do?

 

My total debts across both banks are around £18k

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Hello again Don't worry about Wescot. Just ignore their drivel, including letters purporting to come from a solicitor but in reality in-house. They can do nothing unless they have been assigned a debt , rather than just passed it to collect on a commission basis. I seriously question the wisdom of getting into a badminton match with Lloyds. They are not entitled to your medical notes but you did open the access gate. Personally I would ignore just as they will ignore anything inconvenient from you.

 

At the most I would offer to supply a supporting note from a medical professional if the bank are willing first to make a conditional offer of a write-off. But for heaven's sake don't hold your breath.

 

You did say yesterday that things are in hand, including raising the bankruptcy fee, so I thought you were almost sorted.

 

If the fee is likely to be imminent , no need to be responding to any non-priority creditor, except in the highly improbable event of a court claimform arriving.

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Thank you Oleg.

 

I am working towards going bankrupt as I can't stand the hassle of all this any longer.

 

I do have someone looking for Charitable Funds to help with the BR costs, I know one offer has come in, just waiting to see if we can get the rest of it together.

 

To be honest, going BR will be a huge weight off my shoulders. My son has been seriously ill, though now on the road to improvement, and everything has just taken its toll on me.

 

I am self-employed and just can't focus on my work at all, and haven't been able to for a long while. Need a clean slate.

 

I take your advice, and thank you so much. I will ignore Westcot (been reading through the forum about them) should they write to me. It seems best to ignore any requests or letters from them altogether.

 

I will also ignore the request from Lloyds Bank, for now. Good point though. I will bear that in mind if things develop in any way from them. I don't particularly want to involve the GP etc., etc., It's none of Lloyds business at the end of the day, stuff them.

 

I have used letter templates off here to keep them all off my back for a long while now, the letters section is very helpful.

 

It's just really nice to receive some re-assurance from everyone on here. Good to know I'm not alone in all this. Your advice is always so helpful.

 

Fingers crossed that I can go BR and be rid of all this angst asap. Thank you so much for your reply Oleg, much appreciated.

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If it makes you feel any better , I personally came under NINE rounds of mortar fire from Wescot - as well as fending off their assaults on others. At first it can feel intimidating - as is intended - but guess what, no permanent damage was caused.

 

't all came out in the wash.

 

My last tip for today , since alas I have other things to do now : at this stage of play , I wouldn't be firing off template letters without checking here for appropriacy. You have a specific objective and it would be a shame to blow it off course through a wrong letter.

 

Catch you later.

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