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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?   On this point - 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 that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a 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 application 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      
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    • 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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Start of my journey - +£70k debt


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Hi everyone,

Firstly quick background I owe about £60k all in unsecured thankfully.

The largest is to Nationwide £22k

rest is split amongst various loans and credit cards.

Halifax

MBNA.

Only one other is above £10k just.

My fault entirely fantastic job changes to mediocre one.

Trying to keep head above water and latest bill increases have caused me to take control of my past idiocy.

Home is in joint names no loans on car.

These accounts are all only a few years old all in my name.

Am I right in thinking

1. Create a parachute bank account.

2. Allow the accounts to default.

3. Wait for them to be sold or legal action started.

4. Request the CCA's

5. Then decide payment plan etc if applicable.

Do I only make contact if I receive a claim form etc. 

Do you then make payment arrangements etc if I feel it and they supply the CCA's?

Thanks very much in advance

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Welcome to CAG
best to list each debt and when account started individually for better advice
Your certainly along the right lines on your general understanding

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Welcome to CAG, another great first post! :)

 

Yes, list all debts as there could be something else worthwhile depending on what info you provide us.

 

I agree you're definitely on the right track, a couple of notes to add to your already decent understanding though:

Once defaulted start pro rata payments at £1 PCM

Only once a debt is sold should you CCA

 

BT

  • Thanks 1

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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7 hours ago, Badtimes123 said:

Only once a debt is sold should you CCA

if the debt is seriously old from takeout date say 10yrs+ , then CCA regardless as long as it's covered by the consumer credit act.

if its an OD i would seriously consider an SAR and stop any payments if its opening date is that historic

 

this 22k nationwide one concerns me the most..

 

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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Yes it's a big one. Luckily it's not secured.

 

Would you let it default and see what the postman brings?

 

Thanks for your advice

 

Missing information as promised

 

Credit cards

 

MBNA £7000

 

Halifax £8000

 

PayPal credit £5000

 

 

Loans

 

Nationwide £22000

 

Shawbrook £9000

 

Hitachi (Novuna) £6000

 

Post office (Bank of Ireland) £10000

 

Creative Finance (CURRYS) £4000

 

Sorry it's actually £71k I added wrong, good god.

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and the dates the various accounts started? seems to be a lot of loan accounts were they all taken out around the same period of time?

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Hi,

Most of the loans were taken out during 2021. The Hitachi one was the start of this year 2022. Mbna 2017, Halifax 2019.

 

Thanks 

 

Do just to confirm a few things :-

 

1. Don't speak to them on the phone.

 

2. Pretty much ignore letters.

 

3. Safety save everything  in folders (I usually take photos and keep important letters). Especially official notices.

 

4. If I get a letter before action post it up. Would you then consider pro rata payments if it's a large amount and CCA is supplied or wait for PAP to be adhered too?

 

My employment would not be affected by CCJ's luckily.

 

Thanks again all for your help.

 

I know it's a long road but I slept much better last night. 

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Glad you slept better! :) that's a good sign as you are taking control.

 

1 - yep, letter only comms

2 - All EXCEPT a letter of claim, but return to CAG if you're ever unsure about a letter

3 - yes definitely will help

4a - If you get a letter of claim <-- click and follow post 2

4b - Guidance here suggests starting pro rata payments as soon as the account defaults

 

Lastly, spend a few evenings reading up threads on CAG so you get even more comfortable with what's to come

Edited by Badtimes123
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CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

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seems to me 51k in loans in one year is verging on irresponsible lending, unless your income at that time warranted it
the two to be most wary of are as dx says Nationwide and imo Bank of Ireland 
Organise your parachute account asap
You need to be careful being a home owner
Are all the debts in your name only?
 

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  • dx100uk changed the title to Start of my journey - +£70k debt
  • 1 month later...

Just like to give a very brief update.

 

Firstly Shawbrook are a persistent bunch over 5 letters and 16 calls none answered.

 

Secondly Post Office (Bank of Ireland) have started ringing a company I used to work for over 3 years ago. I wouldn't have given them the number as I didn't work there when the loan was taken out. Really not happy about this at all as I never gave it them or told them I worked there. My friend forwarded a recording of it to me.

 

I opened another bank account just to be safe. Neither NatWest or Coop would let me open one this was at the beginning. Luckily HSBC would not trouble at all. 

 

That's about it so far

Edited by Mr Ploppy
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you must have put where you worked on the agreement.

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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simply to try and pressure, harass embarrass and intimidate

thats all they can ever do.

 

 

 

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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As I said previously Bank of Ireland are one to be very wary of

Start researching CONC in regards to debt collection 

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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Another brief update. Today I received a Default Notice from Novuna. They were quick but at least it will stop the amount increasing.

 

It seems compliant has the latest notes on etc. Dated 28th July arrived 5th August, action required before the 18th. I'm assuming it's 3 working days for 2nd class post.

 

Once it's defaulted should I write to them offering token payments or sit tight?

 

Thanks in advance.

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Yes you can start the pro rata process.

 

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

So the time line would look like this.

 

1. Default.

 

2. Token £1 payments by standing order.

 

3. Sold or Letter before action received 

 

4. Request CCA

 

5. Agree Pro rata payments on receipt if everything checks out.

 

At the pro rata stage would you supply your own IE breakdown?

 

Just planning ahead.

 

Thanks again for your assistance 

 

 

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  • 2 weeks later...

Just a brief update.

 

Received a DN from Nationwide which is good as being the largest one I'm glad it won't increase anymore and I can get it sorted.

 

I have decided to change my plan of action to the following. I think I would prefer to deal with the OC. I know this will change but it can't hurt. Plus I would rather pay them than the other parasites.

 

I have prepared all my IE forms and Pro Rata letters for defaulted accounts. Once the default date is passed I will send them. 

 

Thanks all

Edited by Mr Ploppy
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Yes always only deal with the OC if the debt has not been sold 

 

 

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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Yes agreed far preferable than dealing with the parasites 

If or when they do sell the accounts then change your approach 

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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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Just a thought if you come to an payment agreement with the OC is this binding even if it gets sold on?

Especially if it has no time limit.

 

I have heard some DC's can get a bit excited if they know you have some money or property.

 

Thanks in advance 

 

 

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