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    • Either party in a marriage can seek an entry on the Land Registry protecting their right to occupy the matrimonial home (/ prevent it being sold from under them!) where the other party in the marriage holds the sole legal ownership (at the Land Registry). There is no need (nor ability) to do this if the legal title is held by both the married people. This harks from the era where the man was the breadwinner / the name on the title, and was to protect the wife from being able to be put out of the matrimonial home and it sold without regard to her rights. Times have rightly moved on, and the matrimonial home sections of the Family Law Act 1996 don’t consider which partner holds the legal title, just that the rights of the other can be protected. https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996   https://www.beestonshenton.co.uk/divorce/matrimonial-homes-rights-is-there-any-point/   Neither has rights over and above the other, it just gives protection to the one who doesn’t feature on the title. It also ceases when the divorce is finalised (where it is expected the financial aspect is also finalised)   So “if she wants him out” : this can’t be forced until the divorce is concluded. What she can ask the solicitor to aim for is: a) how she can get the divorce ASAP (& how long this is likely to be!), b) if a realistic financial settlement is that one of them gets to stay in the house with the children until all the children reach 18 (or 21 if in full time education) : the focus will be on keeping a family home for non-independent children i) if this is likely to be her that stays with children ii) that the other holds a charge / interest in the property but can’t order the house sold until the children become adult / independent.   At some point he will be able to insist on his share of the property, though how much his share will be will depend on the “common intent” between them when they a) purchased it, and b) married. The starting point is 50/50 split, unless it can be shown a different arrangement was agreed or envisioned.
    • Still not heard anything since, i was under the impression that having a letter before action and a letter telling me i have 14 days to respond things would of moved on by now?
    • With his medical issues, he might well end up in hospital before very long.
    • always better not to appeal in 9/10 cases as you shoot yourself in the foot by ID'ing yourself as the driver and lose what protection you had under POFA.. please complete this: and scan up their NTD BOTHSIDES to ONE multipage PDF after carefully reading upload guide. also post up the appeal you sent and their response.   they will know their machine was not working but are just trying to fleece you 
    • there are over 15 erudio claimform threads here with how people have responded to their claim by entering a statute barred defence you need to be reading up as part of the self help of CAG as what to do how to do it whats next how things progress through the differing stages of the claim   dx  
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fkofilee

Instant Cash Loans / Money Shop - Wind Up / Creditors / IRL Info

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And another PDL Firm hits the dust. 

 

The Money Shop has announced that stores will be closing and the Business will be be facing massive layoffs. 

If you have a IRR Lending Complaint open then the chances of it being paid out have just decreased massively. 

 

Quote

Exclusive: Hundreds of jobs at risk as payday lender The Money Shop goes under following 'unprecedented number of customer complaints'

ICL, which trades as The Money Shop, has told staff of plans to cease trading

  • It has launched a mass redundancy process with its 427 employees
  • ICL will seek to shut or sell off its 100-or-so UK stores 

 

https://www.thisismoney.co.uk/money/markets/article-7166393/Hundreds-jobs-risk-payday-lender-Money-Shop-shuts-shop.html

https://www.ft.com/content/50139102-941b-11e9-b7ea-60e35ef678d2

 

Credit - Daily Mail / TIS 

Credit - Financial Times

 

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It's becoming more common, no doubt they will sell their loan book just before going into administration, like oakam, wagedayadvance and the rest.

 

Possibly leaving consumers with no recourse against the sold accounts. 

 

The FOS have decided in some past complaints that redress should be set off against accounts that have been sold. 

 

It should work the other way too.

 

Consumers should be able to bring forward complaints for accounts which have been sold, if they can't complain directly to the original lender. 

 

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You could challenge this under section Section 82 Consumer Credit Act 1974 the European Union Directive Assignment of Rights.

 

16.5 The definition of "creditor" in section 189 of the CCA applies to this requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party."


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See I was once told by a DCA in my younger CAG Years that they do not have any responsibility for anything the OC did - Only that they purchase the debt and they can do what they please? 

Even if the company has gone under? 

 

Am i getting this mixed up here? 

They also claim they purchase the account in "Good Faith" but then play blind when problems are bought up? Ie IRR Lending? 

 

 

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On 23/06/2019 at 15:14, Andyorch said:

You could challenge this under section Section 82 Consumer Credit Act 1974 the European Union Directive Assignment of Rights.

 

16.5 The definition of "creditor" in section 189 of the CCA applies to this requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party."

Thanks for this information. 

 

I lodged an IRL complaint with a debt buyer last week for an account they bought.

 

If they come back and say its nowt to do with them, I will definitely ask the FOS to look at it.

 

With the info you've posted and the approach the FOS take now, setting off redress against sold accounts, I think there's a good case for them to look at it. 

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I've just recieved this by email :

 

I am sorry for the delay in replying to your complaint. 11 August 2019

 

We have written to you separately to explain that Instant Cash Loans Ltd[/The Money Shop] is planning to go into a Scheme of Arrangement, which wil set a process for considering and, where appropriate, paying claims such as yours.

 

It would not be fair to consider some customers’ claims before the Scheme and others in the Scheme, as the outcomes may be different, so we are not able to make any new offers before the Scheme.

 

The Scheme, if customers vote for it, and the court gives its approval, is expected to come into force in October 2019.

We wil register your complaint in the Scheme, though we may have to write to you to request further information.

We wil do that through a Scheme Portal we are setting up, and you wil receive log in details for that site soon.

 

You wil receive an update from us after the Scheme is effective te ling you what your redress offer is, though this may not be until the middle of 2020.

You wil receive your payment at the end of the Scheme, which is expected to be before the end of 2020.

This is because we have to consider everyone’s claim before we know what offers we can make.

 

The Financial Conduct Authority / regulations on complaints-handling gives a business eight weeks to respond to a complaint and, as this time has passed, this means you have the right to refer your complaint to the Financial Ombudsman Service, free of charge.

 

However, because we are proposing the Scheme, we understand the Ombudsman Service is unlikely to look at individual complaints until they know whether the Scheme is approved. If it is, they may dismiss any complaints and ask the customer to go through the Scheme process instead.

 

You can find out more information on its website at www.financial-ombudsman.org.uk.

The Ombudsman also might not be able to consider your complaint if:

* What you are complaining about happened more than six years ago; and * You are complaining more than three years after you realised (or should have realised) that there was a problem.

 

If this is the case and the Ombudsman agrees with us, they wil not have our permission to consider your complaint and so wil only be able to do so in very limited circumstances.

 

For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.

 

A leaflet from the Financial Ombudsman Service is enclosed for your information and you can visit their website at www.financialombudsman.org.uk.

 

Should you wish to contact me with any further information or queries regarding this issue, please either telephone or email us using the details below and quoting the reference number above. Our telephone opening hours are from 9am to 5pm Monday to Friday. Yours faithfu ly,

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Is it worth going to FOS ?

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Update from ICL - This important;

 

ICL confirm that the High Court has agreed to the Redress program and its now up to the Creditors to decide if they want to go ahead. 

ICL have advised they will have a further £20 Mil at their disposal to settle PDL Claims. 

 

ICL - Invitation to Vote - Redress.pdf

 

Quote

Dear Victim

 

Please do not ignore this email as it is important and may require action from you.

 

Attached to this email is a document relating to the voting process for the Scheme of Arrangement being undertaken by The Money Shop, please read this document carefully and take the appropriate action required.

 

You will need your Reference Code: xxxx-xxxx to vote electronically on our website at https://www.themoneyshop.com/Voting

 

More information can be found on our website at https://www.themoneyshop.com/FAQs

Please do not reply directly to this email. If you have any questions after reviewing the document and the FAQs on our website, please email them to scheme@themoneyshop.co.uk quoting your unique Reference Code: xxxx-xxxx

 

Yours sincerely

 

The Money Shop

 

 

The scheme will not go ahead without enough votes so;

 

Make your vote count... 

Once the vote has concluded - More info will be posted here... 

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Thanks - fko just got the email this afternoon 👍

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What is the best course of action when I had a successful complaint against them through the FOS, reducing the amount I had to pay back but I head nothing from them until today saying it is with BW Legal now an advises me to contact them. Should I wait for them to contact me?

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Best to create your own topic please


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