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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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Empireday

BW legal/ VCS. PCN from 2011

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Now February, not heard anything from BW since September. I've not noticed much from BW being reported on this site recently either. Wonder if vcs have worked out that they are incompetent and not worth instructing anymore?

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not noticed much about BWL? Are you kidding?

 

They have had a number a claims they were representing thrown out because they hired someone who had no right of audience to represent their client so they couldt even present their claim.

 

 

Thye have been very busy attempting to trya an pull the wool over judges eyes regarding the POFA and when they meet someone who has read up on parking matters they lose with expenses awarded against them.

 

They will go quiet because every time someone ticks the defend in full box they ahve already lost their client about £200 and even more if the then lose the claim.

 

 

They cant afford to issue thse claims and actually attend court so tey raly on issuig court summonses to coerce peopel into paying the duff claims.

 

 

That is against the lawe but the law works very slowly so it will be a couple of years before they get told off for it

Edited by dx100uk

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I was just looking at recent posts EB, obviously I wasn't aware of the stuff you are referring to. They are still trying to harvest low hanging fruit by the looks of it then? In a way I hope they try to take me to court so that it's another defeat for them, but on the other hand I just want them to p off. The clock is ticking, it's up to them.

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Hi everyone, it is now 6 years since the alleged "offence" took place. I still haven't received any court letters from BW legal (on behalf of VCS). Am I correct to think that there is now nothing they can do, even if they wanted to? Thanks

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As long as they know your current address

They can't go for backdoor CCJ


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As long as they know your current address

They can't go for backdoor CCJ

 

I don't think that that's what Empireday is getting at DX.

 

Empireday is thinking that the 'debt' is now Statute Barred, and as the 'debt' has not been acknowledged, in fact, quite the opposite, I think they could well be correct.

 

 

I'd leave BWL to stew in their own juice though, then if they're stupid enough to issue court papers, you can wipe the floor with them :wink:


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Yes its sb'd but the means very little in E&W

The debt still exists

As long as they are writing to their current address

Then they can't get a backdoor CCJ

 

Else they will!!


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So they can still try and take me to court and would still have a case even though it's over 6 years old? Would any court stand that?

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as with any 'debt' if undefended

 

twould be a default uncontested rubberstamped judgement where nothing is checked.

 

could happen with any debt in E&W

 

which is why it is so important to always update supposed creditors on a change of address.

 

now if that did happen

then ofcourse you could set it aside because the debt was already statute barred..

 

rarely happens but there are cases in the legal forums here of consumer debt cases


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I don't think that they can. Or at least, I don't think that they'd be that stupid.

 

They may claim that it's not SB'ed because you've been in contact with them (before it became SB'ed), but as that was only to deny the debt, I don't think that they'd have any sort of case.


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I'd go with one single letter to BWL.

 

 

Dear Sir/Madam

 

Ref:

 

You have contacted me regarding the above reference number, which you claim is relating to a debt owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5:

 

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would point out that the Financial Conduct Authority states the following rules:

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

 

There has never been an acknowledgement of this alleged debt and no payment has ever been made in its regard. Unless you can provide evidence of payment or written contact from me to acknowledge the debt in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

I await your written confirmation that no further contact will be made concerning the above and confirmation that this matter is now closed.

 

 

I look forward to hearing from you.

 

Yours faithfully

 

[PRINT OR SIGN YOUR NAME DIGITALLY]

 

 

 

 

 

Get a free proof of postage from the Post Office. At least that way, if they ever were silly enough, you'd be able to show a paper trail.


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good idea


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good idea

 

It's like a Monkey with a typewriter. Jibberish most of the time, but sooner or later... :whoo:


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better fits a dca that description df


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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better fits a dca that description df

 

Or a PPC :thumb:


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So, all joking aside, there really isn't anything they can do "court wise" and even if they tried they could get into trouble. Thanks guys. Will be back on if they try to pursue it further.

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i see you are not reading my posts properly then...

 

 

they would not 'get into trouble' if they raised a claim..

 

 

if your letter in aug 2016 was from the address you live at now

they've pretty stupid to try.

as the SB defence would kill it dead


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So, all joking aside, there really isn't anything they can do "court wise" and even if they tried they could get into trouble. Thanks guys. Will be back on if they try to pursue it further.

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Dx, yes I am reading your posts properly, I am also reading Dragon fly's posts. I have always denied the "debt" I haven't moved house or mentioned changing address. So one of you is saying "yes of course they can try and take you to court and one is saying if they do then they have no chance and would get into trouble for trying. See what I mean?

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I've not said that they can't take you to court, but they would be pretty damn foolish to try it.

 

They won't get in to any "trouble" for doing it (at least, not trouble from the court) but their client might have a few choice words for them as they will be wasting their clients money, as well as their own time.

 

 

Send them that statute barred letter I posted earlier, get a free certificate of posting, and then, if they do try to take you to court, you can prove a paper trail and show the judge/court how unreasonable they are being. That will kill any claim stone dead.


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put simply anyone can sue anyone for anything.

It is only when it gets to the court hearing ( or case management) that it all falls to pieces.

 

 

If you do get a summonsa and ignore it because it is a stupid claim you will still lose,

all claims have to be defended.

It will be at this stage the plaintiff gets into trouble.

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Thanks EB, plain English. I obviously wrongly assumed that anything over 6 years old couldn't be acted on at all. Thanks for everyone's comments and time taken to give me advice.

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no, a claim can be made but there is an ABSOLUTE defence of it being statute barred. Once you enter that (and can show it to be true) then the claim falls. Again, dont defend and no-one will ever know it is SB

Even this is not entirely true as there are a number of divorce and compensation claims that have broken this barrier.

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