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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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Arrow Global bought HSBC debt

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I have recently applied for a mortgage and found a default on my credit file from Arrow Global.

 

The debt i believe is in relation to a business loan i took out with HSBC in 2005,

the business was shut down approx 3 years ago as well as all associated accounts

including i assumed the loan account,

 

 

HSBC informed me nothing was owed when i shut the accounts,

they even transferred some money that was in the current account to another business account i had with them.

 

I received a letter from Arrow Global in April 2016 mentioning a debt

and i contacted them directly for more information, they never returned my calls.

 

I have spoken to HSBC this morning who have just said that the account was closed?

They wouldnt give me any further information.

 

I have spent years perfecting my credit rating and to say i am absolutely livid about this default is an understatement,

my mortgage was rejected and my personal credit rating completely trashed.

The default was put on in February 2015!!!

 

What can i do,

i have today sent SAR requests to both HSBC and Arrow Global as well as request for the record of default notice to Arrow Global.

On my credit file the address for the default was a house i lived in over 10 years ago??

 

Latest letter says debt has been passed to Moorcroft Group PLC

 

I am contemplating paying the amount owed £910 to mark it as satisfied

but i dont want to pay what i have been told isnt owed,

money is not an object and i will gladly pay whatever it costs to get this default removed.

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Place a 'notice of correction' on your credit file, in that you have no knowledge of this alleged debt.

 

You're doing the right thing by sending the SAR to HSBC, AG won't have anything, so I'd save your £10 on them.

 

Stay off the phone, only ever deal with these [edited] in writing, you need a paper trail of evidence.

 

On your CRF what is the date of default?

And when was the account actually defaulted?

Edited by honeybee13
Pejorative word.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Arrow Global Marked the default as 12/02/2015 Nothing has been paid to HSBC for approx 3 years as accounts were shut down.

Also i have certainly never received a default notice?

 

I have received no correspondence from HSBC regarding this matter whatsoever, i have personal and three other business accounts with them so they have my details.

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I doubt it was arrows that placed the default

it would have been HSBC before they sold the debt on.

 

 

you certainly should not be talking to arrows on the phone

writing ONLY.

 

 

I suspect too this will have something to do with what hsbc call ' a managed loan'

whereby they merge everything and sell it on.

 

 

FWIW a debt buyer cannot issue DN's

only the OC can do that.

so HSBC are lying to you.

 

 

dx


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Credit File specifically says Arrow Global 12-02-2015 with my old address on.

Will not call them further.

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SAR them regarding this particular account, and see what they fire back, if anything?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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when a debt is sold

the buyers name replaced that of the OC

on your credit file

 

 

dx


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look like the managed loan debacle then.

 

 

HSBC filed the default

they are your target

paying wont remove it either

 

 

dx


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Hammer HSBC, exhaust their complaints procedure then escalate it to the ombudsman if necessary.

 

If this has resulted in you being refused a mortgage, and you can prove that this default should never have been applied to your account,

then keep copies of everything as evidence, so that you are able to sue them in court for defamation, if they fail to remove it or correct the entry on your file.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Will have to see what the SAR's bring back, it is criminal how they twist regulations and have so much control over people, HSBC have never contacted me about any outstanding monies, i have no debt whatsoever except buy to let mortgages and everything is always paid when request to say i am pi@@ed off is an understatement.

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Well, if you can prove that this data being processed on your CRF is inaccurate/incorrect then it will be HSBC who will be dipping into their profits to pay you damages!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hammer HSBC, exhaust their complaints procedure then escalate it to the ombudsman if necessary.

 

If this has resulted in you being refused a mortgage, and you can prove that this default should never have been applied to your account,

then keep copies of everything as evidence, so that you are able to sue them in court for defamation, if they fail to remove it or correct the entry on your file.

 

Thanks that sounds like a plan, had a complaint with HSBC a few weeks ago with none communication regarding arranging a meeting and they gave me £100 in my account as apology :smile:

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Thanks that sounds like a plan, had a complaint with HSBC a few weeks ago with none communication regarding arranging a meeting and they gave me £100 in my account as apology :smile:

 

Well processing inaccurate data on your CRF, you can put another zero on the end of that, and, if you can prove that it stopped you from obtaining a mortgage, or preferential borrowing rates, then the figure only goes up! :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Would it be wise to email HSBC complaints department before receiving SAR info (if i get it) shouting my annoyance?

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It will not hurt one bit, but use the belts and braces approach and make/keep a copy of whatever you email so you can follow it up with a hard copy if they fail to answer your email.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I am a little concerned if I attempt to sue HSBC they will shut my other accounts, I have two successful companies plus personal accounts with them and with default would not be able to obtain another account, especially as businesses these days rely on electronic money, would they attempt to shut my other accounts?

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they cannot take any retaliatory action

 

 

not allowed/more compo time!


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yesterday i received a letter from HSBC which was in response to my email asking for more information.

 

They confirm that it was to do with a small business loan,

last credit was received on 1 august 2014 and it has an outstanding balance of £910.20,

they state our records indicate a significant amount of correspondence was sent to the address held.

 

I believe the address held was my address i moved out of in September 2005 over 10 years ago,

the bank have all my updated info as i have 4 other accounts with them,

 

 

i do not specifically recall telling them about change of address for this account

but all other accounts were updated correctly 10 years ago,

surely they have my address which i have lived in since 2005

and where i received all other account information from them?

 

Now they have told me it is owed,

i will arrange payment of the amount owed,

this loan was taken out over 11 years ago !!!

 

Surely they should have sent a default notice to my current address??

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the debt is statute barred if you've paid/used it in 10yrs.

 

 

dx


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the debt is statute barred if you've paid/used it in 10yrs.

 

 

dx

 

Not sure what that means?

Apparently i paid something in 2014 which was only 2 years ago?

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Not sure what that means?

Apparently i paid something in 2014 which was only 2 years ago?

can you remember paying anything??? if not to ask them prove ? how paid. cheque number. i.e. method of payment by whom?? has been known for CCA1974 request & SAR request be credited to an account when these request cannot be taken as a payment by you!

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

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oh really?

and before that when was the lat payment?

 

 

6yrs no payment any period

 

 

dx


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I was paying it from my business account by standing order,

last payment was 2014 according to the bank,

 

 

then i shut business down and when we shut business was told everything was ok and bank account was shut,

 

 

i was unaware that money was still owed on loan,

 

 

my argument is i never received any notifications which had apparently gone to an address i lived at almost 11 years ago!!

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ok so not statute barred

not really a valid point that they sent things to an old address.

 

 

were you a sole trader or ltd co?


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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