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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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Slightlyinsane

Sainsburys have no record of Credit Card we've been paying them on..

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I dread to think what we've paid over the years, must be thousands

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The SAR is a request for data, not for statements. Do NOT ask BC for statements as they could charge a small fortune.

 

Wait for the SAR reply and keep us posted. Hopefully, that will tell you more when you've been through it with a fine-toothed comb.

 

:-)


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Got to love online banking.

 

 

I've had time to sit and go through stuff.

 

 

So far I've gone back to sept 2006, monthly payments made consistently, occasional late one but collected at a later date.

 

Between July 07 and Aug 07 the payments went from saying visa to saying m/card?????

 

 

Could that have anything to do with it?

 

 

The payment reference changed also

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mastercard?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Looks like they changed from visa to MasterCard, in July /August 07, the payments for those 2 months were exactly the same. Maybe the account got mixed up them

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Did YH maybe do a balance transfer to get a better rate on the Mastercard a/c.

 

This should result in lower or no interest for 6 to 15 months so the monthly payments would maybe go down after such a transfer ??

 

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Did YH maybe do a balance transfer to get a better rate on the Mastercard a/c.

 

This should result in lower or no interest for 6 to 15 months so the monthly payments would maybe go down after such a transfer ??

 

:-)

 

Thanks, no change by us to a mc I'm presuming the bank swapped from visa to master as a business????

 

I've had a reply from hbos saying they can't verify the requested info and require "further information such as DOB"

 

Apart from DOB what else is there to send??? They already have name, address and account number.

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Thanks, no change by us to a mc I'm presuming the bank swapped from visa to master as a business????

 

I've had a reply from hbos saying they can't verify the requested info and require "further information such as DOB"

 

Apart from DOB what else is there to send??? They already have name, address and account number.

 

Sorry, what cant they identify ? You , the account ? I would suggest asking them to clarify what they require, I would also be asking if this is an attempt at stalling ?


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I am beginning to think this is a delay tactic.

 

"Unfortunately, I've been unable to verify the requested information using the details you've supplied. Therefore, I'd be grateful if you could provide me with further information such as date of birth."

 

They've returned the original SAR letter, asking me to post it back???

I thought I'd have a chuckle and give them a ring on the number they've supplied in the letter, their direct line number, the number doesn't work?????

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if you changed address since taking the card out

did you include a list of old addresses

and a copy of your latest CTAX bill with the sar

as the thread about it advises?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I did include all addresses, I didn't include the ctax bill as it has a different spelling of our name on it (been telling them for years it's wrong) and I didn't want that to confuse them even more than they already seem to be.

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Morning,

In my reply to them would it be advisable to remind them how far into their 40 days they are??? 15 as of today, are they likely to think they can reset the clock?

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Hi SI,

 

It'll do no harm to mention that they now have just xx days to comply with your SAR, failing which they'll be reported to the ICO.

 

:-)


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they are entitled to gain sufficient information to ensure that they have the right person to match the data with.

 

 

To this end they may demand some proof of identity and it does stop the clock until you provide this.

 

You do have a good argument that they are also obliged to know their customer

so failing to identify you by the account details and name dob address

will not go down well when you make a complaint to the ICO after this is sorted.

 

 

But until that time comply with their request otherwise you wont get anywhere

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So day 30 and still nothing to show for it.

 

While I'm sat twiddling my thumbs

is there anything I can do about the ppi claim??

If they don't send me anything how can I work out the amount that has been paid?

 

I spoke to a woman from Halifax who deals with the historical information (apparently all the way back to the 90's)

due to the DPA she couldn't tell me anything

but, managed to tell me she had a record of oh having ppi

and where to find the claim form.

 

 

No one has been able to tell me info about the ppi,

as in how much it was, was it a % etc.

 

I just want to be ready with the next steps while I'm waiting.

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According to my calcs, the 40 days are up on Weds, 2nd of March so a couple more days to wait.

 

:-)


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don't use their customer questionnaire

use the FOS one.

but you need the sar returm first mind!

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Slick, I have been nice to them and stopped the clock when they requested more info. Took a while for my council to pull its finger out and send me 3 ctax bills with different spellings.

DX I was going to use the fos one, she was just trying to tell me things without being able to tell me anything (if that makes sense)

 

So I'm best just waiting and hoping they send something my way.

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If they fail to reply by the end of this week, you could make a complaint to the bank and/or to the ICO.

 

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They received the requested info on the 15th, which would take it to the 10th, would you still complain before then??

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In post #22, you said the SAR was sent off 21st Jan so I was working on 40 days from then.

 

In any event, a few extra days won't hurt but it's up to you if you want to complain promptly.

 

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Well shocked, received a decent sized envelope from them today.

2 cca's (loan and cc) statement of account for loan and every single monthly statement for the cc.

Haven't had time to sit and pick it to bits yet but looking at a few there's still a balance on the cc.

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Take your time and go through all the data carefully before summarizing for us.

 

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Slowly trying to pull it to bits.

 

Can someone explain how interest (the amount added each month) is worked out.

 

There is clearly a time when the introductory offer finished and the interest went up.

 

There's then a period of time in 2009/10 where the amount of monthly interest added went up every month,

from £15 ish to a peak of £23.

 

Am I right in saying that as long as no new transactions are added to the balance

the interest amount should reduce each month, give or take a little bit for length of month??

 

One month because of the interest added the balance actually ended up being more than the opening balance?

 

I'm confused by the whole thing.

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Hi SI,

 

The interest each month could increase if you failed to make adequate monthly repayments that covered at least the last month's interest, as well as something to reduce the capital balance.

 

:-)


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