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    • Millions of bicycles were sold this year, with fears there won't be enough for the festive period. View the full article
    • Thanks DX, I'm happy that there are no valid reasons for them not to send us documents via royal mail - they were after all perfectly capable of sending these two letters.   The 12+2 days end on 7 December so I will ensure the DD's are cancelled for these and the Hoist one that is also being paid monthly on that very date. 
    • Sorry to hear the news Dave.   As for sums on top of the £100, maybe the judge ruled against the £60 Unicorn Food Tax but allowed £25 claimform fee + £25 legal costs.  Just a guess.
    • Hi guys!   Update:   Been forwarding all the text messages to 7726   These were the text messages:   28 October: We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.   29 October: It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    30 October: The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.    2 November: We are now preparing to send a Letter Before Claim. Call 01422746202 to resolve this matter.    6 November: We have now have issued a Letter Before Claim which you should receive in the next few days. Pay the balance due to Photo Studio Group now.  It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group online now.    8 November: Click the link to address the £1182.89 due to Photo Studio Group to avoid legal action 12 November: A County Court Claim will impact your ability to obtain credit for up to 6 years. Pay online to stop action.  13 November: We are concerned you have not responded to the Letter Before Claim regarding the balance due to Photo Studio Group?   15 November:  Call AJJB Law regarding the letter you have received from us in order to stop Court Action on 01422746202.    21 November: IMMEDIATE ACTION REQUIRED. Pay £1182.89 due to Photo Studio Group online to stop Court action.  23 November:  We haven't received a response to the Letter Before Claim issued by us. It's imperative you act now to avoid Court Proceedings.  We will be conducting a Pre Court Action Review this week. Pay £1182.89 online today or set up a plan to stop.    26 November: IMMEDIATE ACTION REQUIRED. Pay the balance of £1182.89 online today to prevent further legal action.  29 November: We will be conducting a Pre Court Action Review this week. Contact us today on 01422746202.  2 December: You haven't replied to the Letter Before Claim from us. Costs and fees will be added if we issue a County Court Claim.    Emails:   10 Nov:   Dear -----, LETTER BEFORE CLAIM AJJB Reference: .... Our Client: Photo Studio Group Balance: £1182.89 You will now have received a Letter Before Claim issued by us regarding the balance due to our client. It is important that you do not ignore this letter and read the contents carefully. If you have a query relating to your balance then please contact us to discuss urgently. If you wish to make payment to settle the balance you can do so through our website www.payajjb.co.uk or by calling us on 01422746202. Alternatively an income and expenditure statement is enclosed in the letter, if you are unable to repay the balance in full, payment arrangements will be considered based on your circumstances. Payment arrangements can also be submitted via our website. Please respond urgently to avoid Court action. Yours Sincerely, AJJB Law   19 Nov: Dear ----, RESPONSE REQUIRED AJJB Reference: ..... Our Client: Photo Studio Group Balance: £1182.89 Our records show that you have not responded to the Letter Before Claim issued by us, or our previous attempts to contact you. We hope to resolve this matter without the need to issue a County Court Claim but we only have a limited time to do this. In order to come to a suitable way forward to address the balance please contact us today using one of the following methods: - Email - reply to this message - Online using our secure customer portal - www.payajjb.co.uk - Telephone - 01422746202 Hopefully we can agree a way forward without the need for further action. Yours Sincerely, AJJB Law   27 Nov:   IMPLICATIONS OF A COUNTY COURT JUDGMENT (CCJ) AJJB Reference: ..... Our Client: Photo Studio Group Balance: £1182.89 We are now in a position to issue a County Court Claim to recover the balance due to Photo Studio Group as we have not received a satisfactory response to the Letter Before Claim. This could result in a CCJ being registered against you As previously mentioned, we wish to resolve this matter without the need for legal action, however, we are unable to do so if you do not address the balance due. A CCJ will have an adverse impact on your credit file and will be registered for 6 years. It will affect any future lending decisions including applications for loans, mortgages, tenancy agreements and the purchase of goods on credit (for example a mobile phone contract). You can stop further action now by contacting us to discuss your circumstances or by making payment: - Email - reply to this message - Online using our secure customer portal - www.payajjb.co.uk - Telephone - 01422746202 Please do not ignore this email. Yours Sincerely, AJJB Law I also received two letters to the address I currently live in:   1.  A letter before claim    2. Implications of a county court judgment   Please let me know if I should proceed in any way.   Thank you all for your time!        
    • for whatever reason they fail the 12+2 working day time limit you may cease payments.   as for their stupid excuse to gander email details you do NOT.   they know full well there are ZERO Gov't guidelines regarding mail , .
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Did you mention that your family own the freehold ?

 

If so, is the bankruptcy a tactical move ?

 

 

We could do with some help from you.

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A trust set up by family many years ago has the fh within it, yes. But Im not a beneficiary.  Trying to make me b wouldn't affect the trust or fh. I'm just a trustee. It's not a charity nor a company - I wouldnt have to resign as trustee.

 

I think uncleB you are correct - that I need to focus on the court and getting the sd set aside

The more I read, the more I see they got substituted service passed by a judge.

No idea how they succeeded without any proof of service, my old property being in a completely different geographical location and zero id at the relative's property.  But it seems they did. 

 

And now there is a b petition also in the court system.  Which I now understand makes it harder to get set aside.   But I must and will.  Thankfully due to lockdown I have time on my side.

 

Do I need to find out which judge passed the sd? And write to her/him?   

Is there a specific form to fill in - for being in the period of post-substituted sd service and before b petition hearing??

 

Also re the trust - the property purchases were completely separate. 

A different group originally owned the fh and issued a lease. I bought the lease.

As a separate deal years apart the trust bought the fh. 

The original owners kept it separate so that's why it was also put in a trust. 

 It's just sadly ironic that I lost the lease and the trust kept the fh

 

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https://www.gov.uk/statutory-demands/challenge-a-statutory-demand

 

You will have to read the above link and consider reasons for trying to set aside the SD.  

 

And as you may be late in applying for the set aside, you should ask the Court for process for making a late application. 

 

This could lead you to facing the Bank in Court, so you might want to seek further advice from someone qualified.

We could do with some help from you.

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Where I have sight of a letter which states the following:

"a) the case is removed from scheduled date and time on the court list forthwith   

b) the case will be re-listed on the 1st open date after x few months, a date to be advised"

Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?   

 

Could the bank ask it to be brought forward even with lockdown still in place officially til end July?   

Would that depend on them physically serving a b petition?

 

Could the 1st open date be any time up to Christmas with such a potential back log of cases?

 

UncleB - where you write "This could lead you to facing the Bank in Court..."  

1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?

 

2ndly - Does the application for set aside automatically prevent the B hearing going ahead?

 

3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address

 

4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.

 

I want/ need to get a set aside.  But don't want to shoot myself in the foot.

 

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What are your reasons for set aside ?

 

Why can you only provide a mailing address ?

 

The Courts will have a backlog of cases and they will be listed for whenever they re-open.

 

You said the Court has accepted substituted service. 

 

Have you contacted the Court to find out what could happen next ? 

We could do with some help from you.

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  • 1 month later...

Brief update on this

 

I sent in a SAR to lender at start of year.  They took a month to give a feeble reply with no recent info and certainly nothing to suggest they may have started a B legal process against me.   

I chased them immediately but had no reply.   

 

Due to Covid I left it a bit   

I have recently chased again reminding them that i want full disclosure.   

 

They did reply almost immediately - to simply state that they don't have to disclose what I am asking for. 

They wrote a long email saying why they didn't think they have to. In that email they still made no mention of any SD attempts/ substituted service nor any B petition attempts and nothing about any potential court hearing.   

 

In fact to the contrary they specifically stated there's been no third party processing of data or addition to any lists that may negatively affect my credit rating. 

They have not provided any financial statement. 

No evidence of interest accrued. 

No evidence of any costs they have attributed to my account.

 

I asked for specific info pertaining to my asset they repossessed - I wanted to know about all offers and status of marketing/ sale via agents/ receiver and all interest accrued to date and all costs added.   They have not given any financial info at all. 

 

They did provide info  on sales interest/ offers for a few months up - from initial repo until apx last October. 

But they have told me nothing in the last 10 months.   

 

They went silent, stopped communicating - whilst obviously attempting to pursue me in a location where they knew I wasn't!.    I know the asset has not yet sold.

 

Are they obliged, under the terms of the SAR, to inform me all the details I requested??   

I had a debt secured by a property - surely they must disclose what they have done/are doing to offset my debt to them?

 

I am just trying to understand my position.

What exactly does a lender have to disclose via a SAR?

 

In terms of a loan being secured by an asset - should the lender disclose accrued interest and costs added to the loan?

The lender has written to say they don't 'believe' they have to disclose any such info.

 

Also - if a lender has appointed other companies  - 3rd parties - to initiate legal action, should they disclose this via the SAR?

 

on a different thread in May last year Ell-enn wrote:

"When you start to receive demands for money - you can send them this (Special Delivery)   and see what they come up with - usually gets rid of them for a long time as they don't want to send you that info" 


Subject access request

  Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

  1. Details of the agent(s) responsible for marketing the property,  a list of the offers received and how they were reviewed.

  2. Copies of any newspaper or internet advertisements relating to the sale of the property.

  3. Copies of the valuations received on the property (minimum of two is required under the CML rules).

  4. Selling agent’s report on activity and any reports relating to visits to the property to ensure security of the property.

  5. If the property was sold under value please provide reports and supporting evidence to prove that the best offer was obtained.  

  6. If the property was sold at auction, please provide reports to support the decision to sell at auction.

  7. Specific details of the fees or charges levied by any other agency in respect of this account and a detailed breakdown of said fees or charges and what each charge relates to and on what date said fees or charges were levied.

  8. 8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

  9. 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

Well - I pretty much sent this (and more) to the lender and they are refusing to  provide any details.  They say  its not within their role/ their duties to provide such info as a 'financial lender'.

 

Complaint to ICO is in a 10-12week delayed response due to covid. 

 

Is there a good letter to write to them now to remind them of their obligations to provide such info?

 

 

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Wait to see what the ICO says.   

 

Have you complained to the Financial Ombudsman service about any issues to see if they can get the Bank to disclose more information ?  If not, might be worth doing so.

We could do with some help from you.

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Thanks uncleB

The ico is such a long wait tho!

 

Surely the lender "must" disclose all the costs they've added ??

 

I will have a dispute with the lender on interest amounts and costs added if this goes to court re B.   

The bank has failed to disclose the monthly interest accrued, any penalties added, or any costs that have been bundled on to my account. 

 

They have disclosed the names of a few companies - 3rd parties - that they have given my details to.  But they have not disclosed why or what costs these 3rd parties will have accumulated and added to my account.   They have deliberately stopped disclosing anything for 1 year.   I have given them the opportunity to advise me in writing - yet they haven't.   

 

They don't care about the ico.  And the ico have clearly told me that I will have to take independent legal action against the lender.  The lender clearly doesn't care about getting a fine.

 

I thought sending in a SAR was the legal requirement for them to disclose all details?    I will call the fos.  But I suspect they will say it is the ico that needs to handle this.

 

To give a tiny bit of credit to the lender - they did send me a document, as part of their SAR reply - which showed initial instruction of the receiver.  However, as I read through the correspondence my jaw dropped.  The receiver was charging £450/hour and ... did  half the report - including pics, floorplan, valuations and marketing - of a completely different property!   

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  • 2 weeks later...

just going back to the threat of bankruptcy.. 

Is it possible for lender to fail to disclose details of intended and commenced legal action when they reply to a subject access request ?   And to fail to disclose other direct requests by borrower for details of what has been going on with the account?

A B petition previously failed due to lack of proof of service.

Is it possible for lender to return to court and lie / pretend they have tried everything to serve papers?   Would judge be able to let them get a Bankruptcy based on such lies?

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  • 3 weeks later...
Posted (edited)

Is it possible for a lender to ask a judge  to make someone bankrupt on the basis they have not been able to serve petition??   

Alleging they have tried everything to find borrower?  Although in reality never admitting in email correspondence that they were already or intended to follow a legal path.

Can they attend a hearing alone and ask the judge for Bankruptcy?

Or must the lender always prove they have done everything possible to locate the borrower or bring it to their attention they wish to serve a B petition - for a judge to allow bankruptcy to proceed?

Edited by HP Mum
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There are some good articles online about this subject matter.   Search for  "How to speed up service of Bankruptcy petitions on evasive debtors. "

 

If a debtor is trying to avoid service of bankruptcy documents, there are processes creditors can follow.  So it appears the answer to your question, is yes it is possible you could be made Bankrupt without you knowing about it.

We could do with some help from you.

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thanks uncleB

In this instance - neither lender nor process server has attempted email, text or phone to ask where the debtor is. 

Lender knew they made debtor homelesss.  Debtor has no fixed address - therefore has not changed any addresses with any company.  Mail is just on divert to a mailbox.

And debtor has told lender this.

The debtor served SAR and the lender has not disclosed they are attempting legal process for bankruptcy - as recent as 2 weeks ago

Debtor doesnt have social media accounts so notification can't be done that way by lender or process server

It is not a question of the debtor trying to avoid service.  It is rather a question of lender not wanting debtor to know they want to make them bankrupt

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  • 2 weeks later...

So - just to be clear:

The borrower not avoided lender; rather lender avoided trying to serve the borrower correctly

 

Normally, I thought a claimant would have to prove an address is correct and papers served.

If not, would it still be possible for a Judge to make borrower bankrupt?

 

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You keep asking the same question.

 

The Bank have tried to make your bankrupt before and they were refused due to service issues. 

 

It would be up to a Judge based on the document they supplied, if they tried again.  

We could do with some help from you.

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Does anyone have any idea why there is no record of the lender or any default on my credit file records?   I just checked and there is no record at all of my loans,   Could the lender have removed them?

 

 

Edited by HP Mum
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I would think the CRAs removed them if over 6 years old.

We could do with some help from you.

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Loan taken out 4 years ago.. Lender trying to pursue for B    So doesnt make sense that there is no record on the credit file.   Unless Lender is trying to pretend there is no secured asset against loan??

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  • 1 month later...

I have been trying to get detailed information from lender about my account - interest, costs added, offers received on the property etc. 

 

They have refused to disclose. 

I tried SAR and they still refused. 

Can I serve some kind of legal injunction on them to force them to disclose?

 

Also could I do the same to the agents? 

Or would that be impossible because I am (now) not their client and they would not be able to disclose (gdpr rules) - even though I have a financial interest in the property?

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Make a complaint to the FOS would be the next step.

 

 

We could do with some help from you.

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Thanks uncleB

 

One other question:

Can a mortgagee in possession refuse to sell? And instead rent?   Or do they have legal obligation to sell?

The property has been taken off-line and hasn't been marketed for last 2 months.  

Edited by HP Mum
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After a repossession start 2019 the lender marketed the property and received offers within weeks - which were relayed to the mortgagor.  All were low offers compared to lender's original valuation.  2 of the offers were unable to proceed due to other legal issues. One was able to proceed - but lender failed to accept.   One year later lender organized sealed bids situation with agents to try gather interest.  The same buyer as one year earlier placed the highest bid - the same level as before. 

However I now understand the lender is renovating the property with a view to rent it.  And now pursuing mortgagor for bankruptcy.

What can mortgagor do?

Lender has wasted 18months adding interest and extra costs.  And created a huge shortfall.

Meanwhile, lender has refused to disclose costs or interest accrued since repossession 

 

 

Edited by HP Mum
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15 minutes ago, HP Mum said:

Yes. It is.  Sorry I thought it might be best to start a new thread

 

Not usually, I'm afraid, it tends to confuse things and we like people to stick to one thread per issue. If you aren't getting replies as quickly as you like, it could be that you're asking about complex issues that not all that many people have experience of and will need to be patient until they can get here to answer you.

 

I'll merge your threads.

 

HB

Illegitimi non carborundum

 

 

 

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thanks HB

 

Yes it IS complicated!!  And I'm just not sure what step to make first.

Firstly - can a mortgagee in possession stop trying to sell a property and simply refurb/ rent it instead? 

I thought they had a legal obligation to sell? 

 

And I thought they shouldn't let interest accrue if it puts mortgagor in a worse position - ie large shortfall/potential bankruptcy.  

 

I've been reading a lot.  But can't find clarity.  So any input would be appreciated

 

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