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    • Hi Tawnyowl here,i have been watching events over the last week or so as things develop. Labrat,such a sense of humour.😀 Hi honeybee13 . Sure does     Anti-fracking campaigners have reacted with concern to news that the British Geological Survey (BGS) signed a non-disclosure agreement with Cuadrilla over access to operational data. https://drillordrop.com/2019/08/24/suspicion-over-fracking-firms-secret-deal-with-geological-agency/   Cuadrilla has been accused of trying to downplay last night’s 1.6ML earth tremor caused by its fracking operation near Blackpool. The tremor, at 8.46pm, was the largest so far recorded at the Preston New Road site since fracking began there in October 2018. https://drillordrop.com/2019/08/22/living-in-fear-residents-respond-to-1-6ml-fracking-tremor/ Energy firm Cuadrilla said a 2.23-magnitude tremor was recorded at its facility near Blackpool at 11.01pm on Saturday – the third “micro seismic event” this week. While some local residents may have felt the movement, it was not strong enough to have caused any damage to property, the firm added.  Do you believe anything this company says. Like their so called micro seismic events you would think damage could have been caused to properties. Once buildings start shaking this must happen surely. I was approached this afternoon while at a cricket match. Just chatting way about this and that when the person said Did you feel the Earthquake last night. I had not even heard about it,tell me more i said. Lights and windows shaking moving around about a mile away on one of the North of Englands largest housing estates. And there are reports of many more people feeling this event covered on this link. Why should a community be put through this,waiting for the next one. People living around Cuadrilla’s shale gas site reported shaking buildings and windows last night from a 2.1ML tremor. This is the strongest seismic event so far induced by fracking at the Preston New Road site near Blackpool. It brings to more than 90 the number of tremors since fracking resumed at the site less than a fortnight ago. Within minutes of the tremor, there were reports that people had felt it from surroundings towns and villages including Blackpool, Weeton, Westby, Peel, Kirkham, Wrea Green, Great Plumpton and Lytham St Annes. Much more on the link. https://drillordrop.com/2019/08/25/call-for-fracking-ban-after-2-1ml-tremor-shakes-buildings-around-cuadrilla-shale-gas-site/   You might notice that the BGS has a page now for human activity causing Eartquakes-link Last updated: Sun, 25 Aug 2019 18:10:00 (UTC) This list contains seismic events for which there is strong evidence that they have been induced by human activities. It is linked to a database of seismic events and locations and magnitudes may change as events are re-analysed and revised. Background, tectonic seismic activity is reported on our recent earthquakes list. http://earthquakes.bgs.ac.uk/induced/recent_uk_events.html   I had better leave it there for now, more soon.,how will it all end because surely it will. Things cannot carry on much longer like this,can they? Bye for now. Tawnyowl writing from the Earthquake centre of Great Britain courtesy of Cuadrilla Fracking.
    • happy for mod to move it to suitable location under thread title Background: Thanks in advance for any thoughts you can share. This is a very long history, I appreciate your time. In 2011 I took out a £8500. loan from Borro private finance against art and jewellery to make ends meet. The agreements are attached below. This is a CCA. Borro regulated by the FCA. The interest rate is APR 68.8  % for 6 months.  I paid the interest and capital during the period term. On 3 May 2012  I renewed this loan at 79.4% interest for another 6 months.  Last week I requested all evidence the lender holds concerning the agreements. Missing are 03/05/2012 through 14/06 2013.( not under a SAR).  I fell into arrears on the loan and one piece of jewellery was sold, reducing the balance to £6400. Dec 2014.   The lender took a payment of interest £2044.16.  Renewed against the other items ( art etc) on this loan.  The new interest rate increased to 88.8%  . At the time the ring was sold, I requested all documents concerning the sale. Borro produced none. The ring is appraised at $17,5000.  £14,000.  The ring was sold for £3500.  I have an appraisal. I was notified prior to the sale. The ring was sold by "private treaty". I continued to ask for information about this sale until todays date. No information has been provided.  I took a huge loss . The ring is not clearly described on the inventory compared to the appraisal. Documents missing from Borro response to my request include 25/10/2014 to 10/04/2015. I was in arrears on this loan and a new agreement was made. The loan amount was increased to £10,810.00 and the interest rate decreased to  80%.  what is interesting is that the lender should have sold this ring, the value was sufficient to pay off my debts. But that is not what happened. someone got a deal on a nice ring.  II. ON 1, Jan 2012, I took out a second loan in the amount of £3000 against another piece of Jewellery. The interest was 68.8%. I paid the P&I on this loan.    Missing from the requested information is agreement from July 10/2012 until 12/12/2012.  I did pay interest during that period and on 12/12/2012 through 11/06/2013 I renewed  with an interest rate for 79.4 %.  I renewed on 04/07/2013 through 03/06/2014 interest rate 97.8%.  I renewed this loan on 03/01/2014 interest rate was 88.8. Take note there is very little description about this item. I redeemed the loan but ended up back in the pawn. 19/06/2014 to 18/12/2014 interest eat 94.5%. I renewed this loan again 19/03/2015 . Interest rate was 93.2%. Now there is a clearer description of the ring. Documents missing from Borro response to my request include 012/06/2013 to /10/2014 to 10/04/2015. Information on the  description is also scant until I took the loan out again in 2014. The last payment on either loan was March 2015. Default date was September 2015. The lender still has my property.   PROBLEM: In 2013, Borro became aware that the reason I had pawned these items was that I was a plaintiff in a substantial lawsuit in the US. I borrowed because I had lost my job. I was not able to work( I had been FCA regulated). I was facing eviction, had serious financial stability  and some mental health problems. I gave them a copy of the pleadings. They are aware that I had claimed these loans as part of my damages.  In 2015, Periodically I requested the accounting. Some was provided some was not. As a result, in  2016, the head of credit wrote to me " "Thank you for coming in to see me today. As discussed, we will freeze your accounts with us from today the 14th October 2016 until the 31st of December 2016. This will mean that no further interest will accrue until the 31st December 2016 and we will not consign to sale until on or after the 31st December 2016."  I did not hear from them again until  08 February 2017. On 30/03/2017 I responded to Borro request that I give them an update on the accounts. I wrote that I needed a settlement figure.  No response the following week I personally met with the manager I had been dealing with. She told me that " we are not going to sell your property". We understand that you have fallen on hard times, we are human. How long will it take you to sort this out. I responded about 2 months."   I did not hear from Borro again until I wrote to them on 18/03/2019 where I stated, " the last time we met you were going to give me a settlement figure". There was no response. As a result, on  18 March 2019 I sent  an email to - Subject: RE: Borro Accounts. Dear Lender. Hello. The last time we met, you were going to give me a settlement figure. Litigation is still ongoing. We have a potential investor that has asked me to get a figure from you. Depending on that number, I can let you know if I can pay the bill and collect my things in the next few weeks. Please get in touch as soon as possible". no response.   In early July 2019 I received a call from someone at Borro. It was not a good time. I asked him to call me back the following week. I did not hear from him again either. On  6 august 2019 I received an email from Borro that I should log into my account. I was unable to. The following week I wrote to them and in summary: On 13/08/2019 I wrote and included a summary of the events: I am writing to advise you that I am obtaining advice concerning the  account. You are aware that you have not pursued any further action on this account since approximately 2014(or earlier) . This is because I had an agreement with Name Deleted that Borro was not “going to sell my property,  I recited the above summary of events.   Certainly, I had no intention to give up valuable property for almost 8 years and pay interest and principal for this long. I want to develop a resolution to the matter between us. In order to achieve this, Please can you provide me with the following information which is attached in a spreadsheet: I need a very simple accounting and please answer the below: Any renewed loans where additional credit was extended through the re-appraisal of the assets ( ie using the asset as leverage) to extend further credit where the loan proceeds were applied to the loan for reinstatement purposes. What were the source of funds for the last payment made? Because I am seeking advice with a view towards finding a resolution, I would appreciate it if you could hold action on the above account for a period of at least 30 days to give me the time  I need to obtain advice. If you are adding interest or other charges to the account, I would be grateful if you would freeze these during this period so that my debt does not continue to increase. Please can you send me the enclosed spreadsheet and the documents you loaded into my account as soon as possible. This will enable me to obtain accurate advice. I will contact you again as soon as possible with further details of a  proposal to resolve the account. ( so far this lender has not complied with my request)   SETTLEMENT OFFER From: Borro Customer Service <Contact@borro.com> Sent: 14 August 2019 13:22 To: Subject: RE: Your Loan Account   Dear borrower. Thank you for your email and for getting in touch with Borro. As you would be aware there have been many loans with Borro, with two loans that remain outstanding which we are seeking to resolve with you. Given the significant period these have been overdue, the current balance on these two loans is almost £52,000 of which the majority is interest. In order for you to move on from this debt it is proposed to sell the collateral associated with Loan DIAMOND RING 175643 in full and final settlement and return all the items under Loan 198678 to you. This would generate a loss for Borro of approximately £49,000, however given your circumstance this is something we are prepared to offer. While I would love to pay Borro £3000. I do not currently have the funds. Borro is aware because I wrote to them on august 13 advising them i am not working. I do not want to lose my property. I need to find a way for them to walk away, give me my property back. WHAT ARE MY OPTIONS? Below are the questions I have or could raise in order to "negotiate with them". Is this a high interest short term loan? What are the effects of an CCA that has an interest rate of 93.6% and is renewed every six months? It appears that one loan was "Refinanced".  What FCA terms did they violate which might apply to this situation ? After the agreement expired and terms were changed, what rights does the PB have to collect further payments or sell the ring? Did they waive their rights to further payments? How can I use refusal to produce sale information concerning the first ring, to negotiate my way out of this? What is interesting is, they sold a £14,000 ring privately, concealed the buyer and other information, then turned around and INCREASED THE INDEBTEDNESS substantially. In fact they want to do this again, but this time are offering to  write off £49,000  in other interest. What am I missing? What effect does violations of FCA 6 and 7. help me to negotiate a settlement. Is the FOS effective threat to the firm to pressure a settlement? Does a cost cap apply to these loans and if yes what is the amount of the cap? How can I use the current appraisal and FCA or any other rules to stop them from selling the ring for less than market value? I have someone looking at the accounting to see if there are errors. found several when query. anything you can find that voids the agreements? Anything else you can think of THANK YOU!!!   RING.pdf art.pdf
    • I am so sorry I see the confusion now, I was meant to say CAB not CAG. They are just sending him letters to copy and send which doesn't seem helpful at all.    I also apologise for the vague details right now. I actually thought he had got rid of the car already until he mentioned it as he dropped me off home, so I've only got a vague idea myself, i just wanted to see if there was anything he could do other than send letters. I will get more details from him and update this thread, or get him to join as you have advised.  sorry 
    • It was a late payment, no default 
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mike2016

the car finance company repo'd my HP car from gated private dwellings - help

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I don't know if anyone can help me,

 

my car was repossessed today from the building i live.

 

It was in a gated parking

so not sure how they managed to get in and out to begin with.

 

I do understand that they had the right to reposes the car without a court order as i did not paid up to 1/3

 

however can they just come and take it, no default notice no notice nothing?

 

Also

they do seem prepared i think to return the car

 

when i spoke with them

they said we can work out a payment plan if i want

but i am wondering if is that easy for them to repossess the car.

 

Also what happens to things that were in the car,

 

anyone knows?

Thanks

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who?>

 

 

dx


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sounds like unlawful repo to me

can we just confirm.

 

this is your private gated drive?

 

or is it say a block of flat s

but its def where you live?

so they should have already sent a default notice giving your 14 days to rectify things before the repo.

 

as for your stuff demand it back.

 

you'll also have had a repo fee charged

they cant do that get it back.

 

now these repo agents

they ARE NOT BAILIFFS

and had no right to enter and take the car either

who were they?

 

tell us about the finance too please

 

you say its under 1/3rd

how far are you in

and how many payments have you missed.

 

dx


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Hi, I did missed 3 payments i'm not saying that is not my fault but i was planning to make an offer to them on my payday next week. Obviously too late. When i spoke to them he said we tried to call you and you didn't answer so we did make attempts to contact you, i said but have you send me anything in writing? He said i can confirm that the correct process was followed sir.

 

Then he said that because i only have missed my monthly regular payments and i haven't entered into any sort of payment plan with them and failed that as well (not sure if that makes sense) then is not all that bad and we might be able to come up with a repayment plan and get my car back.

 

Sorry i can't remember out of the top of my head how far on the loan i need to check but is definitely less than 1/3.

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load of cobblers

they must send a default notice

unlawful repo

and even more so a they entered a secured gated area

without a court order.

 

 

time to get serious.

 

 

can you answer my questions please


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Sorry i also should have said about the place i live.

 

It is a block of flats behind that is a big private carpark which is gated.

 

The only way to get into it is from the front entrance go all the way to the back (walking)

or with a car from the gate and you need to have the security fob to open the gate.

 

the third payment was due on the 11th

if they had issue me with a default notice

they should have allowed me 14 days i believe?

 

even if they claim to have issue me with a default notice (which they haven't)

the timing is not right.

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so he tailgated someone

CCTV?

 

 

and this is the address that is registered on the agreement?

 

 

do you still have the agreement

if so scan it up to PDF please upload

 

 

so

no default notice served

no termination notice served.

powerless repo firm entered gated and private area

with no security keyfob

and took the car without even trying to contact you

which they must do and show default notice.

 

 

all of this could actually invalidate the whole agreement

meaning you get the car and aLL your moneyback.

 

 

let me go check a few things.

 

 

dx


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The only point i am having trouble with is the issue of the repo on private land.

 

Normally that would be so and they would need an order from the court but:

 

Can this car park be classed as not private although gated as it is attached to a block of flats so has access to the general public?

Something like a supermarket car park

 

Just throwing ideas into the wind at the moment

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There are specific circumstances in which a finance company must obtain a court order in advance in order to be able to repossess your car.

.

For example, if the car was repossessed by virtue of a hire purchase agreement

and you have paid more than one third of the total price of the car under the agreement

then this means that the car becomes protected goods.

.

The consequence of this is that a lender is required to obtain a court order to repossess the car

– if they do not then you may well have a valid compensation claim as a result.

.

Where the value of the car is less than one third paid

or if you gave valid consent for the car to be taken

then this protection may not be available to you.

.

The relevant section of the legislation is section 90 of the consumer crediticon Act 1974

and this applies to repossessions that have taken place within the last six years.

.

In addition to being able to claim compensation for an unlawful car repossession,

where a car has been taken without a court order in circumstances that require one

.

then you might also be able to obtain a release from the liability in the contract

(for example the hire purchase agreement), which effectively means that the debt ceases to exist.

.

Compensation can include the amount you have already made in hire purchase payments to the finance company,

as well as the cash received by the finance company if the car was sold on after it was repossessed.

 

 

................


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I'm assuming he did try to knock the door but there was no answer after the dog barking as there was no one home apart from the dog.

I have not spoke to anyone, i have not seen anyone, i still have the keys to the car.

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ah post welcome along[2 puns in one]

what do you reckon?

 

 

unlawful or what?

 

 

dx


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Butting in again with my two pence worth,

 

a court order is needed if you have not paid a third off private land.

 

It is the designation if this is truly private land that is the cause of debate being open to the general public??

 

Like i said, just throwing curve balls and exploring all options

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I was more thinking of the no DN or TN issue?

 

 

dx


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I was more thinking of the no DN or TN issue?

 

 

dx

 

But then a Default notice is needed to terminate the agreement, not to repo the car

 

Has the agreement been terminated??

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sorry can i ask something really silly? in theory they do own the car so is not theft is it? they just take possession or something they owe?

 

no the agreement has not been terminated

at least not yet

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I was under the impression they must serve a DN to repo a car even under 1/3rd

but that hey don't need a court order ?


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sorry can i ask something really silly? in theory they do own the car so is not theft is it? they just take possession or something they owe?

 

no the agreement has not been terminated

at least not yet

 

 

the car is mentioned on the agreement yes?

 

 

dx


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Then they do not need a default notice to remove the vehicle unless the vehicle is on designated private property where a court order will be needed.

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i would say this is private property surely?

gated

key fob entry?

 

mike 2016

 

so how does joe public get into the car park?

can they ?

 

you say the car park at the back and behind security gates

 

but access to the properties for the public is not?


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It's a hire purchase agreement between me and them and on the description of the goods it mentions the car.

However is very very basic.

it does not say much.

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There is no access to public unless somebody let you in.

 

Front door there are buzzers with the flat numbers and doors are locked.

 

Back is gated as described above.

 

I am assuming he was waiting for somebody to come in and open the gate and that's how he left.

 

But does that make it legal?

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there we go ta.

 

 

so that invalidates the whole agreement under

section 90 of the consumer credit Act 1974


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not sure if that makes any difference to the argument, my flatmate just went outside and photograph the entrance of the building has a a sign that says "Private No Right of Way"

 

Also can i please ask what is the right way forward? Court Action or Financial Ombudsman?

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