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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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Hi

I thought I would pop in and offer my opinion on this case as in my opinion a civil claim could be initiated. I am erring on the side of caution here as to not offer hope but tempered with warnings.

 

 

With criminal cases as Sidewinder has so eloquently put it are dealt with entirely separate from civil cases and what was discussed at Crown Court have no relation to this claim.

 

 

RLP have neither the skill nor the reputation to take this on apart from the threatening letters. They must think all their birthdays have come at one. As mentioned, ONLY the company that has suffered the loss can make the claim and they are not likely to use this 'little' company to begin any claim. They will use a proper solicitor with experience in these types of claim. With the amount of money that is involved, this (IMO) might just happen. It's a case of wait until a real solicitors letter comes through. If that does happen, it is better to engage with them than to ignore.

 

 

 

If your friend has no assets, it may be that they will suck up the loss but until/when that happens, we are non the wiser. If a claim does go ahead, the company (via their solicitor) they will have to quantify losses as they can only be placed back into the position had the incidents never occurred. I'm not 100% sure on this but a County Court judge may order compensation.


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If they're serious, then whatever they wish to convey will be committed in writing, NOT an email, block their emails and bounce them back.

 

 

If this is Jackie then I'd be mindful to haul her before the courts myself.


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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So it's the case of waiting it out longer for the real boys?

 

He has nothing to his name, only things he owns are his phone (contract) a bike which was taken out under finance with somebody else and his PC.

He works 30 hours on national minimum wage, doesn't drive and we rent our property.

 

Considering it took at least 5 months to have a reply from them, they're pretty uptight with their expected received replies.

We received a letter in the post today;

 

"Dear Mr XXXXXX

 

Outstanding amount: £XX,XXX.XX

 

Our Client: XXXXXX

 

We refer to previous correspondence in this matter. As you have failed to engage with us, we have carried out further enquiries which suggest that you remain at the above address ad are therefore choosing to ignore our correspondence.

 

Our client disputes that there was any agreement or comments made to the Court that they would not pursue the balance owed and accordingly has instructed us to continue with the claim for civil recovery.

 

If you maintain your position as previously, we would ask you that you provide us with evidence of your assertions, or in the alternative confirm your solicitor's details and provide us with authority so that we may liaise with them direct in this respect.

 

Ignoring our correspondence will not make the matter go away.

In the event that you do not engage with us, our client is entitled to pursue recovery of the outstanding balance through Civil Court.

 

In this instance an additional cost of £992.43 for the Court fee (if issued online), plus solicitor's costs in the region of £100.00 and interest at the rate of 8% per annum would be incurred. Our client would seek to recover these additional sums from you in addition to the original sums due.

 

Once the claim is issued, our client would seek a County Court Judgement against you for all the sums due and then proceed to enforcement of any unpaid amounts. If you choose to defend the matter, additional costs would be incurred.

 

Given the length of time that has elapsed, we would ask that you contact our Legal Department within 14 days to confirm your position failing which we shall discuss with our client further action as above, without recourse to you.

 

Yours sincerely,

LD

Legal Department

Retail Loss Prevention Limited"

Edited by dx100uk
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what have we told you about RLP...is it not sinking in....IGNORE

 

read it carefully they don't say WILL anywhere.

 

their client I will assure you is 100% unaware this is going on

silly Jackie is just chancing her arm you'll fall for one last try.

all she has done is studied old data and come the conclusion, as nowhere will any agreement be written down, that the client will dispute this agreement.

 

only THEY can do court and it wont be involving the fleecing RLP at ALL.

but their solicitors directly.

 

IGNORE OGNORE IGNORE


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It isn't that it's not sinking in lol, it's the mere fact that this isn't a poxy £50 thing like many have, which is easier to ignore.

 

As she won't have a response to this letter, what are the chances of her telling the client to go further after the 2 week mark?

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Doubtful she still has a client, if there was any merit in this then they would have sacked these clowns and employed a professional outfit.


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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by talking about 'a client'

all it means is their head office got spoofed into signing a stupid longterm contract for ALL their stores' reported incidents.

 

any file on someone's incident is auto sent to her i'e like you have found old litigation .

 

she can do bugger and all to recommend anything.

 

IGNORE


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I agree with the others here however, I would like to see these letters. Any chance of posting them up here in pdf format with every personal detail removed. Name, address, reference numbers and any barcodes/QI codes (the funny square boxes with shapes)

 

 

You are probbly nearing the end of RLP's letters when they will pass it on to their tame pet debt collector of the day (not many will work with them anymore ) These companies have even less power than RLP.

 

 

If there is to be anything serious happening, your friend should receive a Letter Before Action/Claim from a proper solicitor. It is at this time that he sits up and takes notice.


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Read upload one multipage pdf only please


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RLP can do nothing, even if instructed by their client to do so. The client can hre a lawyer but they wont be answerable to RLP and any costs added on are not the whim of Jackie. any deadline she sets is arbitrary and cant be eoforced by her nor anything read into the fact you choose to ignore her.

 

RLP dotn have a legal department becasue they dont need on as they cant actually do anything on that front.

ignore them some more and let us know if the store or their appointed solicitors write

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Easy win for the employer using the provisions of the Civil Evidence Act 1968, S11.

 

RLP : ignore. Don’t ignore a letter before claim from the employer or a real solicitor.

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maybe but there wont be made up costs added to the bill so any settlement may well be half of the amount jackie says is owed

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I don't have the first 2 or 3 letters at hand, but this was the most recent.

img01.pdf

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It's a silly phishing letter. Ignore it. They're hoping you get scared and contact them


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I agree. It is a different layout to ones I have seen before but in this case, it's worth it to them to personalise the letter however it is still just a threat-o-gram with no substance.


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they are asking you do agree to pay them so they can legitimise their claptrap. If you do nothing then they can do nothing other then pass the matter back to the "client". All of the expenses will be the same anyway so no benefit to you in engaging with them and I would say the opposite is true, they wont make money if you come to an agreeement with the original client so they will do ther damndest to keep you apart despite their words saying they want to help settle this.

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Little update:

 

After no replies to the letters, somebody from RLP knocked on the door this afternoon. I was on the school run so it was just my partner at home, he was apparently ex-police.

 

He knocked on the door, partner looked to see who it was then opened the door. The guy said "I'm not here to take anything, I'll go out the gate so we can talk away from the house". He gave his opinion that the case was a load of nonsense, he's read over everything and was originally due to come yesterday but he refused it becaise of his thoughts. He only came today to mark it as 'called'. He said the fact they were happy with his sentence plus punishment etc basically throws the whole thing out the window. The work placement would have covered losses with insurance and all proceedings will be going to RLP. He then continued to say "honestly, if you want this to end, all you really need to do is move house".

 

He handed over the most recent letter with his number on for my partner to contact him if letters continue and he will try his best to close the case.

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now go report them to the FCA/FOS/ICO etc they CANNOT do this .

was he from RLP....I bet not.


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Can you scan that letter up


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Can you scan that letter up

 

There is the same letter on the previous page. Only difference to the one from today is that he has handwritten his phone number and name, which I wouldn't be able to disclose.

 

now go report them to the FCA/FOS/ICO etc they CANNOT do this .

was he from RLP....I bet not.

 

That will be our next step, thank you for your help with all of this.

 

He had ID on a lanyard but couldn't visibly see any company. His handing of the original RLP letter gave him the assumption. I said it was probably a DCA.

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would be nice to findout who he works for


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I gather the number is a mobile I bet


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I gather the number is a mobile I bet

 

It is indeed a mobile. We have no alternative phone number to ring it either and I very much doubt he would answer to a private number if we withheld ours, so he doesn't have mine or my partners number.

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Could be a low level DCA theyre using, and the DCA decided to send someone out pretending to be from RLP


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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wont rlp for sure

Jackie would never cross any official body..she'd get crucified.

lowlife DCA that knows no better sadly.


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

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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