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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver.  (Although earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.  I don't clearly understand it, but legal advice was something to do with the role the receiver has acting as an agent for the borrower which makes it hard for a borrower to make a claim against the receiver ???).  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate app for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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HBOS Marbles Card - Unpaid & Lost PPI Plevin Cheques


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Hi

 

Just wondering about something with reference to a merger of so called solicitors who are also a so called DCA

 

I have been paying a large debt to Fairfax Solicitors for a debt due to HSPF,

but, I now notice that they have merged with Drysdens and call themselves DrydenFairfax (exactly as it is)

 

Would I need to be told of this merger because as far as I can work out they will be sharing my data with another company

 

Okay, maybe a silly question but I am trying to find a way of stuffing Fairfax

for the way that they stuffed me almost 3 years ago before I found this site.

 

Many thanks for any response

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No you do not need to informed, your case remains as before, there is nothing to contest as they are all one company.

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  • 2 months later...

That is what I understood

but the letter clearly states that Call Quest are now the Data Controllers and own all of the rights.

 

Maybe they will pass it on to CrapQuest,

thier sister dregs of the barrel to collect.

 

I for one will be after the CCA and associated documents before I start to pay them anything

Edited by Queens_king
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Supposedly ''early arrears management'' outsourcing for creditors with accounts early in the arrears process.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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As this has done the rounds (I think this is the fifth Dancing Clown Agency) I have that feeling that the agreement may be unenforceable or something not right otherwise Marbles would have taken court action four years ago. I may be wrong but hey, who knows until I get the CCA and assocuated documents

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  • 3 months later...

Hi

 

May seem a little frivislous but I have a question concerning CrapQuest and CallQest

 

I have a debt that has been purchased by CallQuest as stated on the hello/goodbye letter from the original creditor.

 

The letter states CallQuest a trading name of CapQuest Debt Recovery.

 

On visiting the Company Check website I find that The CallQuest company registration number is that of CapQuest Debt Recovery. Are they allowed to use the same Company Registration number.

 

I ask as the entire CapQuest Group all have separate Company Registration numbers

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Yes they will have different company names and registrations. This is nothing unusual.

We could do with some help from you.

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Hi

 

May seem a little frivislous but I have a question concerning CrapQuest and CallQest

 

I have a debt that has been purchased by CallQuest as stated on the hello/goodbye letter from the original creditor.

 

The letter states CallQuest a trading name of CapQuest Debt Recovery.

 

On visiting the Company Check website I find that The CallQuest company registration number is that of CapQuest Debt Recovery. Are they allowed to use the same Company Registration number.

 

I ask as the entire CapQuest Group all have separate Company Registration numbers

 

These companies trade under group licences.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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It's all down to group licencing intercompany agreements etc.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 7 months later...

Hi

 

 

Can anyone help. I am in desperate need for an email address for the Bank of Scotland Credit Operations.

 

As I am living in SE Asia letter will take to long ny snail mail and this one is quite urgent and email will be super.

 

Thanks in advance.

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  • 3 weeks later...

Hello and good day

 

MOORCRAP and BANK of SCOTLAND

 

May have seen the answer somewhere but currently in such a mess that I dont know where or how to look and I expect this to be a simple answer

 

I have a debt with the Bank of Scotland £14,000 and originally had me fooled with the solicitors for hire ... DrysdenFairfax ... for three years. Now the solicitors have passed the debt on to Moorcroft.

 

I assumed that when I made the CCA Request I should send the request to Moorcroft as they are the ones fleecing the cash.The request was made on in September but due to me being at least 28 days post away I have only just received thier reply.

 

[ATTACH=CONFIG]47662[/ATTACH]

 

If the reply is correct then fine but this obviously indicates that Moorcroft do not hold the CCA requirements, I will have to write to the Bank of Scotland, if not can someone who has the expert knowledge of CCA and OFT regulations so I can put them right (okay, you all have expert knowledge in some form or another re: debts), or maybe help me write a letter to Moorcroft.

 

I am not trying to dodge the payments but being 17,000km away and now an ex-pat it is sometimes difficult to get things done as they should be.

 

I would also like to know where I stand with the Original Creditor with regaurds to my new address.

 

I have not received any contact from them scince and no longer have the address to contact them and I have asked about an email address but have got no replies in the bank forum here. I started to pay the Lawyers for Rent. I was then living in the UK at the address I took out the loan. Since then as stated above I have now become an ex-pat and have informed the DCA on many occassions and requested that they inform thier client. Where would I stand if the creditor decided to try for a CCJ. Would I be able to use the DCA refusal to inform thier client as a defence. I know it is getting close as the new owners of the house have had letters from Northampton and they have been returned with my new address written on the reverse and I will not let them get a CCJ or anything else by default.

 

I have currently sent an email to Moorcroft placing the account in dispute

 

Many thanks for the help in advance

 

Anon

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You need to ensure that your UK credit record is noted with your foreign address or that you are gone away. Whoever owns the debt currently should be sent a recorded delivery letter with proof of your foreign residence. Ask them to ensure that all records including credit record are noted that you are no longer in the UK. Advise them that you will be checking with the credit reference agencies in due course to make sure this is done and if no done you will start a formal complaint with the ICO.

 

In regard to a CCA request, if they have supplied all of the information that would have been provided at the time the CCA was issued, so it is reasonably true to the original, then it should comply with the S.78 request.

 

If you are not in the UK, they cannot obtain a CCJ in regard to any debt that comes under the CCA. They can however go for bankrupty if you have been away from the UK less than 3 years. But unless they are certain of getting their money back, it is doubtful they would spend £1500 + on bankruptcy.

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Thanks unclebulgaria

 

 

I have received nothing from Morrcroft apart from the letter attached in my first post, they say that I must write to the original creditor, or should I say that the original creditor has told them that I must write to them and not the DCA

 

 

Thanks for the info regarding the CRA's, most of the creditors have my new address and I think it may only be the BoS for whom I have nothing address wise. I have been trying to leech an email address but seems like no one has one.

 

 

Lowells chickened out of a small debt

Crapquest have not replied to a CCA request from January this year

Wescot failed to respond to a CCA Request in June

Santander, who continually sent mail to my old UK address had to go to the ICO.

 

 

So all in all I am only worried really about BOS

 

They are welcome to go for Bankruptcy as all my cash has been transferred to my wife when I got married and I don't think that the Philippine government would allow her to be made bankrupt for a debt that is not hers.

 

 

Anyway, thanks for the info re: change of address

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Hi again

 

 

I only have part of the answer with the replies I have.

 

 

I really need to know who should be holding the CCA as the Moorcroft have referred it to the Original Creditor who state that I have to go to them for it. Surely if Moorcroft are collecting they must hold a copy of the said agreement and if this is correct then can someone point me in the right direction of the legislation / OFT guidelines with reference to this.

 

 

Thanks

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  • 1 year later...

Good day all

 

Just had a snotty resoinse from Marbles Credit Card concerning my PPI.

 

I had forgotten about a company called xxxx who were dealing with my PPI claims early 2013 and

 

I recently sent Marbles a complaint.

They sent quite a snotty reply stating that I made a claim in 2013 and provided a barely legible copy of thier final response on Mar 2013.

 

I have never received this response frpm Marbles or xxxxxxx

 

However that also made it quite clear that I am no longer able to use the FOS as it has been in excess of six months from thier final response

 

. Is this correct as being an ex pat I* could not get to any court hearings i9f I wend down that route and therefore require the help of the FOS

 

Many thanks to all

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Hi,

 

" You must complain to the Ombudsman within six years of the event complained about, or three years after you first became aware that you may have grounds for complaint, whichever is longest. For example, if you were sold PPI in 2005, you may still be able to take your complaint to the Financial Ombudsman Service if you only became aware of the possible mis-selling last year."

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Maroondevo52

 

Many thanks for the reply, so Marbles (HFC) have been telling me porkies with the six months. Time to ge the FOS involved me thinks.

 

2013 when I became aware. Two years ago

 

Again, many thanks

Edited by Queens_king
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The fos can look into the matter after 6 months from receiving the final response only either with marbles permission or if you have an exceptional reason for not contacting them within the six months

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 weeks later...

Theoldrogue

 

Thanks for the info. The reason that it has been left so long is that I was using a claims company (12%) for more than a 12 months. During that time I made arrangements to marry my fiance and emigrate to her country. I informed the claims company of my new address and set up a 12 months mail redirect with the post office.

 

However, after a mammoth job of obtaining mt Credit Report I realised that the claims company had not notified me of either a claim or a response after all I had received all the others that I gave the company so I decided to make a claim. Lo and behold I was informed that the claim had been rejected 6 months before I emigrated. Now if I had been given that info at the time of rejection I would most certainly taken it through the courts but now as I am in SE Asia I find that it is impossible to do (now retired and would have a fee reduction due to income) and I am not prepared to fly 8,000 miles each way to have it settled at the court doors. Solicitors on a No Win No Fee require a fee insurance ranging from £75 to £150 which is out of my range due to retirement.

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