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    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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Backdoor 2018 CCJ Lowell/overdales - old 3 mobile debt - - now Marstons HCEO threat of writ of control ***Set a Side & Discontinued***


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mobile number page 1.

 

we need all the exhibits too!!

 

that WS is a load of old twaddle!!

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they mention exhibit pages in their WS, they should all be included 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Like I said, I knew nothing of the ws until I was sat in the court room.

 

The rep didn't have any additional stuff as I said, I've had no proof of this alleged debt, they just asked him what he had and he waffled on that mobile phone companies wouldn't keep the records for this long.

 

Should I ask Lowell for these exhibits?

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Yes their objection was to the set aside is meaningless anyway, but even more so without the exhibits!!

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'd ring the court, 4 days to put in your statement when the claimant s Statement does not contain any of the exhibits they refer too?? You need more time, at least 2 weeks to file yours 

 

See what they say 

Unless you heard wrongly?

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Just spoke to court. They said overdales sent them and me a bundle via email on 12th Sept. I said I've not received it, she told me the email address it was sent to, it's not my email address.

 

I'm now currently speaking to overdales, who are saying they don't have my file as it went to marstons, I've explained the writ was stayed in May. I'm on hold whist she is trying to find the writer of the ws

 

Hi, I'm still on hold, clearly having trouble tracking down the witness....

 

however I'm just going through my notes from the hearing on the 16th Sept.

 

The judge kept referring to cpr13.3.1 this seemed to wind up the overdales rep,  he and the judge had a heated back and forth, until she ruled the set aside, the rep looked peed off..

 

..just thought I'd mention this incase you find it relevant.  Lucy

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cpr 13.3.1 surrounds your rights to set aside.

so the rep thought you had no reason, the judge though very much otherwise then..

 

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

After 57 minutes on the call, the lady came back to say she can't track down the case handler, max humphrey who wrote the witness statement , and she can't find another case handler to speak to me.

 

She checked my email address, it was correct on her system, but sunderland cc confirmed it was sent to incorrect email.

 

she's sending an email and if I don't hear anything bk in 2 days, ring them bk. Seem to be going around in circles with them

 

They have emailed the hearing bundle.  all the letters they have sent me to various addresses over the years, this is their exhibits. Shall I upload? If so shall I blackout my addresses on all the docs? Thanks

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and ref / a/c numbers etc

 

leave all dates figures times etc.

 

simply anything they could see that they would be able to xref .

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

OK dx...give me a while, they emailed it it's a 30 odd page pdf...I'm going to have to see how I can edit the pdf, other than screenshot every page, then scribble out the bits then reconvert bk to pdf to upload....as you can see I'm not very techy....bare with me pls

 

Hey dx....OK I've tried to simplify the document overdales sent me, I've not bothered with the whole document as it's just duplicates of stuff I've already uploaded to here.....so please find attached the exhibits.....if you can't make sense of it, give me a shout and I'll do it page by page, thanks in advance 😀 

exhibits .pdf

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You cant request an extension to directions dates.....take a look at other users statements and have a go at drafting similar......i should be able to pop in before Friday to check before you submit.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Use our enhanced Google search box 

 

Claimform mobile.

Or 

Add witness statement

Too.

 

Dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks Andy, I've read a couple, I'm going to give it a go now. I'll upload my draft when I've done it. Lucy 😬😊

 

Okay, This is what I have so far, Im really not sure if im doing this correctly or not, or if its even relevant, or am i just waffling on..... Could you guys have a look at what Ive got so far, Thanks in advance

Witness statement 1.pdf

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Requires work......you will be okay submitting it Monday and I will get back to you over the weekend.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I Know but I cant help you just yet as I have only just got off a plane...I will look over the weekend. You are allowed a little leniency by being 1 day late 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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