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    • The decisions were mine.  I had alot going on back in early 2011. We had a fire in our home office and my wife had just started a new job.  I was trying to get my head around my business which folded at the end of 2009 and what to do as well as look after 3 daughters 16, 14 and 11. That was when I decided to use a DMP and let someone else handle a number of c/card issues for both my wife and me. I stopped the DMP around April 2017 and then realised that I would stop paying and push to see who had a possibly valid CCA. Most of the cards have been sold on and there are no valid CCA's so are not enforceable but may raise their heads again. Cbot have decided that the size of this makes it worth trying for  suppose so that's why I'm ready to get this resolved now. Non of the CAG team have given an opinion on this recon CCA yet.   Will pick this up again on Monday as not around over the weekend. Thanks for your help.
    • I have a notice of enforcement, dated 26/4/19! This was the correspondence i received following my response to Harrow council detailing my difficult circumstances and requesting time to pay over installments.  Following receipt of this Notice of enforcement I had the visit just a few days after and before the said date on the letter.   I will do as suggested and contact my local Councillor.   Is it worth me sending a text message to the bailiff i spoke to?    
    • For a Civil Debt they would have to have a Controlled Goods Order with the items properly listed and a copy sined by the debtor. before they could apply to force entry.
    • Okay thankyou I have every faith In Ellen it's just worrying when get the letters especially with 2 little ones to think of makes u feel like u have failed them xx I'm just hoping our luck changes xx
    • Evening all, I wanted some advice on equity in a houseFor approx five years we split all bills/mortgage equally. For the last five years I have paid 2/3 of all bills (inc mortgage) and my husband a third. I also paid for our new kitchen, carpets, decorating, all white goods and much of the furniture. Since we are now separated and he wishes to buy me out the house, do I have a greater claim than 50% of the equity since his expectation is that I will leave all furniture, goods etc with him (as well as obviously having paid more). I also paid for half his car. I haven't decided what to ask for specifically yet, I would just like to know my options.We have a small second house that I purchased for my disabled daughter and I used all of an inheritance on. The remaining £30k to buy this was raised as a small remortgage on our main property. I believe that this would mean he is entitled to some of this £30k and am willing to offset it against the money owed from the sale of the main property. Obviously I do not wish to sell this house as my daughter still lives there and I entirely support her financially myself.I have proposed we leave each others pensions and savings alone (they are roughly equal). Is there anything obviously wrong about my thinking here? I am hopeful we can sort this out between ourselves or via a mediation service.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
cruzhughes

Debt assigned old creditor in scheme of arrangement

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Could someone help with the legal side of this please.

 

There are a series of loan agreements with welcome finance from 2001 , rewritten several times last one was in 2008 and then eventually sold to Alpha in 2016 as soon as i raised a dispute with welcome.

 

Loan was reduced to 0% interest in Dec 2015. Does this mean there are good grounds to argue that the remaining balance should be paid over the remaining agreed term. The creditor is claiming that payment should be in line with the agreement, albeit over a shorter term - position is that the repayment sums take account of interest, spread over the agreed repayment term.

 

I’ve had a successful PPI refund from FSCS. But still want to address a substantial number of penalty charges on numerous accounts.

 

Could I pursue Alpha through the courts for refund of the charges levied against the 18 grand of the balance being unlawful penalty charges and interest. Numerous agreements have culminated in the most recent agreement that was assigned to them.

 

They already have security on the loan by way of a legal charge that was set up for the 2006 agreement. Tried for repo and failed as Ppi refund meant I was not in arrears but in front with payments

 

The accounts dating back as far as 2001 were in serious dispute with WF before and after they sold the debt to Alpha.

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Thread moved to the appropriate forum.

 

Regards

 

Andy


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Ok thanks.

 

I posted in the legal as I thought it was more of a legal issue .

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Cruz... what you don't mention is that the charges were applied while the loan account was owned by Welcome Finance, but they now have (I assume) immunity from being claimed against due to an order of the High Court. The bizarre thing, is that the deadline to claim against them was 2011, yet some of your charges were applied after this.

 

The question is - what are the prospects of success, should the assignee (current owner) of a regulated consumer credit debt, be taken to court by the debtor to seek redress for unlawful penalty charges that were applied to the debt by the assignor (previous owner)? The charges, in this case, making up a considerable portion of the debt balance.

 

I also wouldn't bother mentioning the repossession claim, as it's not relevant any more and is just a distraction. It only made a determination on one single point - that being the sum of arrears being claimed by the Claimant. It decided nothing else in respect of the loan balance. Also, the starting point is really 2006, as that particular loan wasn't a rewrite. Any charges incurred prior to that are pretty much a lost cause in my view.

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As for the ones after 2011.

 

There’s not that many from that date..

 

So starting from 2006 there are 3 rewrites the last one was in 2008.

 

This account is still live but any balance is an accumulation from charges applied to the 3 loans before

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Can anyone help further with this please?

 

As I’m unsure what my next steps should be and if there’s anything I should be doing rather than sitting round twiddling my thumbs

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