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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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Moradin

Startline motor finance - Failed DD charges. **WON - REMOVED**

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Have a car hp agreement, regulated by the CCA 1974

 

Had a dd bounce. just checked the conditions.. and its stating

 

25 for a bounced dd,

 

AND

15 for a letter.

 

Surely, they can't do both.. the costs are supposed to be 'reasonable' and a true reflection of the costs for a failed dd

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cant charge anything

its a penalty and the FCA deem them unlawful and unfair

 

who?

 

Thread title amended


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thanks.. is there any guidance i send them when they send me a letter ?

 

Startline motor finance..

 

25 unpaid dd

15 letter

15 per phone call

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look in the FCA conc rules...iike…

 

"CONC 7.7.5

01/04/2014

FCA

A firm must not impose charges on customers in default or arrears difficulties unless the charges are no higher than necessary to cover the reasonable costs of the firm."


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look in the FCA conc rules...iike…

 

"CONC 7.7.5

01/04/2014

FCA

A firm must not impose charges on customers in default or arrears difficulties unless the charges are no higher than necessary to cover the reasonable costs of the firm."

 

Doesn't that slightly contradict what you said earlier in the thread about not being able to charge anything?

 

I agree that the actual charges in this case seem to be massively excessive and probably easily challenged, but generally speaking if a firm can prove or justify what their reasonable costs are then they wouldn't seem to be in breach of any rules, or am I missing something?

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courts have decided that it is reasonable to charge a fiver for a letter as long as it was necessary to send that letter. Now if they are sending out so called reminders for stuff they have already charged for that is called churning and is against the rules so cant even charge a fiver for that.

bounced dd? costs them about a quid if anything.

Edited by Andyorch
typos

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courts have decided that it is reasonable to charge a fiver for a letter as long as it was necessary to send that letter. Now if they are sending out so called reminders for stuff they have already charged for that is called churning and is against the rules so cant even charge a fiver for that.

bounced dd? costs them about a quid if anything.

 

 

Thanks for the info guys.

 

They wrote to me stating they would add the charges to the direct debit, i wrote back saying that the charges were excessive and i would not be paying them, in this case, they didnt actually need to send me a letter, because i phoned them the next morning after the dd failed, asking for manual

sort code and account. so their money was no more than about 12 hours late.

 

So cancelled the direct debit and told them i would pay it manually each month.

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Update on this.. just received an email.. asking for the £25 again.. but further on , it states..

 

You will continue to incur late payment charges until your arrears have been cleared.

 

so they seem to be implying that they are going to charge me for not paying the £25..

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Update on this.. just received an email.. asking for the £25 again.. but further on , it states..

 

You will continue to incur late payment charges until your arrears have been cleared.

 

so they seem to be implying that they are going to charge me for not paying the £25..

 

 

As i suspected.. they have now added £15 for a letter charge, and now saying my arrears are £40

 

I have written to them saying their charges are excessive,and against fca rules.. etc.

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when another co did this to a friend

he simply cancelled and got ins elsewhere

he got a couple of snotty letters from I think close brothers

but nothing more

turned out is was them that were charging the penalty fees not the ins co as he had chosen pay monthly.

 

 

nothing ever showed on his credit file , don't think they can trash that for car ins funding,


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Its Car finance. as per post one.

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Sorry was thinking it was another thread screen

on a small screen


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So currently i was going to write back to them, and offer £5 as compensation for the 10 hour delay in them getting their money.

 

They are referring to the account, as 'in default' which ofc, it is not. i am siumply not willing to pay them 25 for a bounce dd, and 15 for a letter, that they did not need to write.

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Update for anyone else coming to this thread in the future.

I wrote back to them, stating that their penalties were not inline with the consumer credit act, and they dropped them all.

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well done.

you mean FCA/OFT guidelines not the CCA?


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

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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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Doesn't that slightly contradict what you said earlier in the thread about not being able to charge anything?

 

I agree that the actual charges in this case seem to be massively excessive and probably easily challenged, but generally speaking if a firm can prove or justify what their reasonable costs are then they wouldn't seem to be in breach of any rules, or am I missing something?

 

To answer this question as to whether there are entitled to charge anything once they have tried to levy an excessive penalty, the answer is that they can't.

 

If they attempt to levy an excessive penalty then the term of the contract is void. Although the rest of the contract can continue, there is no power – even in the court – to order that the unfair term should be reconstructed in order to become lawful.


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