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    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
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Very confused and worried Advice needed Please


MsCalamity
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Hi Everyone

A friend of mine advised this site as I am going through a very stressful time regarding my ex marital home

which is in negative equity of around £25 thousand Arrears of £1500 and a Suspended possession order attached.

 

In 2006 my now ex husband went to a broker to find a way of re mortgaging our property to consolidate some debts

I never went with him as I was off work with stress and depression at the time

I would just sign papers that he brought back with him.

 

we ended up getting a re mortgage with mortgages Plc on an interest only which i didn't understand at the time.

 

In 2009 we divorced and my ex left the property and I was left with paying the mortgage

and £3,000 arrears which is how I got the suspended possession order

 

I have been paying the mortgage plus an extra £100 pound off the arrears for the last six years.

 

I now want to move in with my partner and no longer want the house but here is the problem

my partner and I are now full time students and can no longer pay two mortgages (my partner has his own mortgaged home)

 

I have no money for fees to sell the home plus I would have to keep paying the mortgage and arrears which I can no longer afford

 

also there would be a shortfall of around twenty thousand.

If I hand the keys back there will be a bigger shortfall as the mortgage company will sell at auction.

 

Also Mortgages PLC are adding £54 arrears monitoring fee every month plus fees for visits three to four times a year

they having been doing this for the past six years.

 

 

My ex has no interest in the house although his name is still on the mortgage

he has also told me nothing was put in place to pay off the mortgage at the end of the term (WHAT:|).

 

 

I also don't want to go bankrupt as it may effect the job I'm pursuing when I finish Uni.

 

Any advice would be welcome as I'm stressed and worried every day which is now having an impact on my studying.

Thanks

Edited by Andyorch
Paras
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I think you 1st port of call is to get an SAR running to mortgages PLC.

 

 

get all the statements and everything else they may hold about this dreadful affair.

 

 

as for the visit fees

the arrears fees

and any other fees, like for letter, phonecalls etc etc

they can ALL be reclaimed at their int rate.

 

 

you also need to see if you have any stupid insurances that were made compulsory on the remortgage too

like building/PPI/ etc etc

they are reclaimable too.

 

 

wouldn't hurt to sar the old mortgage co. too

if they were diff to the present one..same game.

 

 

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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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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Hi

Thanks for your reply

 

 

my friend did advise this but I am worried the mortgage company will get angry and suspicious and push for repossession ( opening a can of worms )

 

The original mortgage was with Nationwide straight repayment with £4000 put down

the house cost £36000

my ex then advised to re mortgage for home repairs

we ended up with GMAC and mortgage became £58000

 

we now owe £82000 to Mortgages PLC. :(

 

 

carry on paying mortgage and send a SAR does it take long to get all the information back ?

Thanks again

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read the SAR

 

 

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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Share on other sites

Hi

Thanks for your reply

 

my friend did advise this but I am worried the mortgage company will get angry and suspicious and push for repossession ( opening a can of worms )

 

The original mortgage was with Nationwide straight repayment with £4000 put down

the house cost £36000

my ex then advised to re mortgage for home repairs

we ended up with GMAC and mortgage became £58000

 

we now owe £82000 to Mortgages PLC. :(

 

carry on paying mortgage and send a SAR does it take long to get all the information back ?

Thanks again

 

First Mortgage

 

"Nationwide mortgage. 4k deposit"

 

Hello Mscalamity,

 

Are you saying the original house was £36k mortgage which includes the 4k deposit or in addition to it?

 

Whose name/s was/ were the mortgage in, ie yours and your ex husbands, or just his?

 

What was the mortgage duration, and how much were the monthly payments?

 

This will tell me if you have a legal interest or beneficial interest?

 

If it's in his name only, he has the legal interest (legal owner) and you have what is known a beneficial interest (owner in equity).

 

If it is in both names it is likely that the co-owner type was a joint tenancy, which means the property by transferring to more than one person creates an implied trust of land: section 36, Law of Property Act.

 

This is important as if the property is not in your name, you still have rights to the property (through an implied trust): Trust of Land and Appointment of Trustees Act 1996.

 

Second transaction: Re-mortgaging existing property

 

"In 2006 my now ex husband went to a broker to find a way of re mortgaging our property to consolidate some debts

 

I never went with him as I was off work with stress and depression at the time

I would just sign papers that he brought back with him."

 

Please provide the details of the re-mortgage terms offered by the broker.

 

Next, do you believe you were forced into a re-mortgaging by your ex husband at the time with the mortgage broker?

 

If this is the case you may have been under 'undue influence,' and were it to apply, you may be able to have some/ lots of the debt wiped off your arrears.

 

I am not sure of the date of the legal case for undue influence but the bank/ mortgagee has to make sure you are not in anyway forced to do something that you do not want to do

 

. The fact you were depressed too indicates that you were not of the correct mind set to understand contractual intention especially signing a contract with commercial terms, which is a prerequisite for the law of contract. Your ex should be liable for this debt, and not you.

 

Divorce/ disposal of asset; property interests

 

"...In 2009 we divorced and my ex left the property and I was left with paying the mortgagelink3.gif

and £3,000 arrears which is how I got the suspended possession order...

 

I have been paying the mortgage plus an extra £100 pound off the arrears for the last six years."

 

Did your husband come away with any assets or pay-offs from this property after the divorce in 2009?

 

Does your ex husband have any property assets now?

If so, you may be able to get either a Restriction (Land registration Act 2002) on the land register applying to his property, by completing a relevant land registrar application or Land Charge (Land Charges Act 1979) via a court order,

 

which both effectively mean you could have the right to force a sale on him or at least restrict him from getting another re-mortgage or selling the property without paying you first.

 

The land Charge is the more expensive route whereas the Restriction should not cost much at all. A Restriction can be just as effective as an expensive land charge.

 

Landlord

 

You say your property is in negativity for approx. 25k.

You could move in with your partner and rent out your own property.

 

Renting out that negative equity property, you'd be a landlord, and using this money to pay for your arrears, as property prices will rise am sure. Is this feasible for you?

 

Secondly, the mortgagee (bank) has duty to get the best price for your property based on case law.

 

How long has the suspension order been suspended for?

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