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    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
    • PDF only please read upload   yes block and bounce all email addresses.   dx  
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mooshy

No idea who has a charge over my house ?

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We bought our home approx. 11 years ago through the old Homebuy scheme

through a housing association called Beth Johnson.

 

we got given a 25 % loan which is repayable at any time in the future,

and whether the house increases or decreases in value they have a 25% return upon sale .

 

We still own the property but its legaly called a charge or something .

 

We put a biggish deposit down ourseleves .

 

The house is worth approx. £170k now and the mortgage is around £60k

 

we are divorcing and I need to contact Beth Johnson to ask them legally

if I can ever transfer this to another property

and at least inform them that divorce is in progress

and I may be the sole owner if the Halifax agree .

 

Beth Johnson seem to no longer exist !

 

Every time I google it Sanctuary Housing comes up

- so ive emailed them to ask who on earth has a charge over my property now .No reply .

 

Im a little shocked that I never received any documentation to say Beth Johnson had transferred ownership

or whatever happened to them,, and that I have absolutely no idea who now has a charge over my house ?

 

Any advise would be very helpful ?


Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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You can check with land registry


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Check the Land Registry - there is a small charge for this, but it should tell you who has a charge on your property.

Edited by citizenB
removed incorrect link

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Hi

Thanks for that .

Its £19.50 so I haven't paid it yet will try a couple of other avenues first .

 

 

I spoke to someone in XX which is a big Housing association who bought up lots of the smaller ones - the one who lent me the equity loan being one of them.

 

 

According to them I don't even exist on their records .

I wonder if I should see a solicitor re this ?

There is a fair amount of equity in this home .


Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Cnecking the LR on line for changes on your property should cost you £3, unless they have put it up recently.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Removed incorrect link - please use link provided by WelshMam2009

 

Check the Land Registry - there is a small charge for this, but it should tell you who has a charge on your property.

 

This is not the correct address CitB. This is a private firm who are not affiliated with Land Registry and charge way over the odds for the same servce.

 

The official address is https://eservices.landregistry.gov.uk/

 

I searched my property last week and it cost £3 for the title deeds and a further £3 if you wanted a plan (optional).

 

Hope this helps.

Edited by citizenB

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© 2014 LandRegistry-TitleDeeds.co.uk · Privacy · Terms · Site Map

 

LandRegistry-TitleDeeds.co.uk is an independent supplier of Title Documents and Conveyancing Searches. We are not affiliated with the HM Land Registry.

 

Land Registry Title Deeds

 

 

warning not an official Land registry site


:mad2::-x:jaw::sad:

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This is not the correct address CitB. This is a private firm who are not affiliated with Land Registry and charge way over the odds for the same servce.

 

The official address is https://eservices.landregistry.gov.uk/

 

I searched my property last week and it cost £3 for the title deeds and a further £3 if you wanted a plan (optional).

 

Hope this helps.

 

My apologies, I dont know how that was saved into my favourites list ? I have removed it and also the link in the thread above to avoid others being led to the wrong place.


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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