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    • Hi there. So I am currently being scammed by a hire company that I have used previously in the past. I had rented a car from them some time ago but it seems they are using my details fraudulently now. It is not really much of a hire company, more like a small family outfit with just a guy and his son with a small office who rent a few cars out. I have received a letter from police regarding a hit and run on a car I have never rented. Spoke to the hire company and it seems they are doing dodgy stuff on the side.   I had no involvement in the incident, nor did I hire the vehicle involved in this incident. The hire company passed my details on to the police when they were requested for information despite the fact that I did not hire that vehicle from them. I believe that they had kept my details from a previous time I had hired a vehicle from them in 2020. I believe they used this to information from a previous hire agreement to fraudulently pass liability on to me.   They have since sent me a pdf of the hire agreement they had with another person on the dates of the incident and have told me that this was the person who actually hired the vehicle. Additionally the pdf they sent me was not signed by either the hirer or the hire company so I am a bit suspicious they plan to pass this along to someone else in the same way they've done to me. I have just filled out a response to the police letter filling in the info section that I was not the driver and putting the information that the hire company gave me of the "correct" details of the person who hired the vehicle. I have also included a hand written letter explaining the situation that this was probably fraud by the company and that I was not involved in the incident nor was I the person renting the vehicle. I just sent the response to the police a few days ago regarding this.   Additionally, and probably even more surprising given the fraudulent activities these guys are undertaking, they have sent me a MCOL claim for +£10k for this accident they are trying to pin on me. They have included cost of premium, insurance, repairs and time off the road. Absurd seeing as I did not hire the vehicle from them. Hopefully the police issue is sorted out with the info I sent them, although I do worry that they won't accept the hire agreement the company sent me as it was not signed by the hirer or the company, but that is a question for later when they respond. Regarding the MCOL claim, I do not know what I should do. The son at the hire company (who is the guy who sent me the copy of the hire other hire agreement) is ignoring me and the dad at the front desk is claiming he does not have information on what his son may or may not be involved in. This is all becoming stressful. I am not sure whether I should counter claim, defend or can just inform MCOL that this is a fraudulent claim that I should never have been dragged into. Any advice is welcomed. Thanks.
    • New Zealand is bringing in a law to force its financial firms to report on climate-related risks. View the full article
    • Hi   I agree with the above post.   Could you clarify is your building a mix of council & leaseholders or leaseholders only?   The Major Works Charges you mention they have added you are entitled to ask them for clarification on exactly what these works are, when they are going to be carried out, by which company and for a breakdown of their costs for these Major Works.   As you mention as an example your windows you need to have a good read of your Leasehold Agreement to see who is responsible for what maintenance. As an example only your leasehold may have a clause that the leaseholder is responsible for the maintenance of the windows again eample only so have a good read of your lease.   If their are other Leaseholders as mentioned in a previous post it may be worth talking to other leaseholders about setting up a Residents Association as this would be another way to challenge the Management Company as long as they recognise your Residents Association.   Couple of links for you:   https://www.lease-advice.org/faq/how-do-i-form-a-residents-association/   https://www.fpra.org.uk/  
    • urm thats interesting there should have been a windscreen ticket  as they've waited more than 28 days to send the NTK...well spotted.     NTK.pdf
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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My wife has about 40k in debts and is thinking about going bankrupt. The house is in my name only and we are worried about beneficial risk.

 

The house was purchased before we got married and I paid the mortgage off 2 years after marriage with my own money. My wife has paid nothing to the upkeep of the house and improvements since marriage.

 

My will leaves the property to my daughter

 

Is there any risk to our house due to beneficial risk do you think?

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No

But why go bk?

 

Can you list her debts please

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Debts are 7 credit cards ranging from £500 to £9000.

Most have been bought by debt collection.

Some have got CCJ's already.

 

I have thought about offering a token payment of £1 but this maybe a struggle as we are on low incomes.

Other than that bankruptcy seems like the only option.

I could borrow the £680 free from family.

There is no hope of being able pay them off in full due to increased income due to long term illness.

 

The thoughts of loosing the house due to beneficial interest is causing me sleepless nights

i.e. due to them getting a charging order or my wife declaring bankruptcy and the OR issues a sale order.

Edited by dx100uk
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Joint owners

The equity is transferred to your trustee.

 

A ‘Form J restriction’ is added to your property’s entry in the land register. This means your trustee will be told of any dealings connected with your home, for example if you try to sell it.

 

It can be removed if you can prove you (as the bankrupt) don’t have a share in the property, for example if your partner owns the property. The owner has to send HM Land Registry a signed statement saying they aren’t the bankrupt person and an application for the cancellation of a Form J restriction.

 

https://www.gov.uk/bankruptcy/your-home

 

Regards

 

Andy

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Debts are 7 credit cards ranging from £500 to £9000.

Most have been bought by debt collection.

Some have got CCJ's already.

 

I have thought about offering a token payment of £1 but this maybe a struggle as we are on low incomes.

Other than that bankruptcy seems like the only option.

I could borrow the £680 free from family.

There is no hope of being able pay them off in full due to increased income due to long term illness.

 

The thoughts of loosing the house due to beneficial interest is causing me sleepless nights

i.e. due to them getting a charging order or my wife declaring bankruptcy and the OR issues a sale order.

 

cant see the point for only 7 debts of going BK?

 

are you paying anything on any of them to date?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Have not paid anything for years. So you think it is pretty safe to leave it for the moment and try and pay something if circumstances are improved? Or will paying a token payment of £1 per month keep them off our back.

 

I understand that the creditor or receiver has to prove beneficial interest in the property by proving that the debtor has contributed financially i.e. to the mortgage, deposit, improvements and general upkeep of the building. Is that correct? And just being married is not sufficient on it's own to prove beneficial interest?

 

I have the original receipts to prove that I paid all the purchase value of the house 14 years ago and my wife has paid almost nothing since then. Plus my will leaves our house to my daughter.

 

So do you think proving that my wife has a beneficial interest is difficult?

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you don't need to pay anyone anything.

it will make no diff.

 

have you looked at her credit file?

what is the defaulted date for each debt?

the date of each CCJ?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have looked at my wife's credit file. First default is 2012. CCJ's started last year just before statute barred.

 

If she does not pay anything just avoid/ignore bailiffs. Should I be worrying about beneficial interest and them coming after the house? Title deeds are in my name only and my credit score is outstanding.

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they cant come after the house - read what andy has written.

 

if no-one is chasing her then don't poke the hornets nest

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

how are you gauging SB date?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

good.

why didn't the ccj's get defended?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I did do some work with this to see if it was possible.

I compared other cases on your site to check the credit agreements and if the debts were correctly assigned and defaulted.

 

I did a CCA, SAR request and I checked with the credit report and everything seemed to have been done correctly and she doesn't dispute the debts.

So rather than try to delay the inevitable just waited for judgment by default.

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well that was a tad stupid

there are 1001 things other might have spotted

 

what were the debts and who did you let get the CCJ's?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

name names

who said they were correct?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
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