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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
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    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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Lowell/Overdales - Halifax One Credit Card Debt


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Hi, 

 

Like most people here I'm looking for some advice and haven't found a similar question already posted.

 

I ran into financial hardship in 2012 and struggled to meet the minimum payments to a Halifax credit card.

 

 That same year service was withdrawn by the bank and I entered into a peppercorn payment plan that I paid for a number of years.

 

 After sometime the debt was sold to Lowell and I actually #cringe continued to make payments.

 

In 2018 I wrote to them explaining I wouldn't be working due to health complications and made them a full and final payment offer which was rejected.

 

They wanted me to raise my payments even after I provided evidence I was in the red at the end of each month and living off of support.

 

 At that time I was fed up, felt harassed and stressed so wrote back stating that I've tried to work with them its going no where so I'm not making any more payments and I wont be corresponding with them again.

 

Over the years since this they'll periodically write and I'll ignore.

 

I did move, they found me and started sending letters to my new address.

 

I've had several we're considering referring to solicitor letters from them. 

 

Last week I received a 'Notice of Acting' letter from Overdales Solicitors. As per advice here I'm still inclined to ignore unless its a 'Letter of Claim'.

 

Over the weekend I did a credit check and there's no defaults in relation to this card, its not even listed as an old account.

 

Could it have been removed because of the age of the debt?

 

Is it possible they could still legitimately take me to court for this balance or are they trying new scare tactics for me to make contact?      

 

You're advice and experience would be appreciated. 

 

Much thanks. 

 

Have I posted this in the right place?

 

Edited by dx100uk
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Topic moved to Halifax Forum.

 

Keep the letters secure that they do have your current address for future reference...as for anything else continue to ignore.

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  • dx100uk changed the title to Lowell/Overdales - Halifax One Credit Card Debt

i am wondering if YOU have actually written to Halifax or Lowells simply stating your current and correct address?

if you have not, it might be wise to do so to prevent a possible backdoor CCJ?

 

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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Then they are known for purposefully filing to last advised address.

 

Simply WRITE to Lowell inform them of your correct and current address as per debt ref xxxxx 

 

You should be doing this also regarding any debt you last paid/used that type of credit in say the last 7 yrs.

 

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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***UPDATE***
I have now received a ‘Letter of Claim - 30 days to prevent legal action.’

 

Included is a reply form. 
Section 1: Do you own the debt?

Section 2: How will I pay?

Section 3: Do You Intend to get debt advice?

Section 4: What documents are you sending or requesting? Inc. financial statement. 
 

Is this the point I engage? 

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Hit letter of claim follow post 2

 

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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now go back and read it again CAREFULLY.

 

and...

i'm not quite sure if you've done any reading around but you should also carefully note....

 

a DCA is NOT A BAILIFF.

and has

ZERO legal powers on ANY debt - no matter what it's type.

 

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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  • 3 months later...

I submitted a CCA request in October 2022

 

receiving a package of documents in February 2023 providing a copy of the signed credit agreement with Halifax dated 2005 along with some of the statements of the account.

 

I believe the statements provided are incomplete as they start several years after the account was opened and doesn’t include the payments made after the card service was withdrawn and once the debt was sold nor included default notifications.

  

Overdales cover letter states if I wish to dispute the matter to provide further information or any evidence which will support my dispute.

 

To kindly note they are able to accept an affordable payment offer and they require me to make contact with my intentions towards the matter otherwise they may request a CCJ.

 

Further advice would be appreciated.

 

Thanks

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Quite a std reply, same as everyone gets 

 

Can you scan up the CCA return to one mass pdf read upload carefully.

 

We don't need to see, nor you, the statements.

 

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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tiss a bit blurry to read 

please dont compress it so much

max file size is 4.8Mb.

 

think you duplicated the same 9 pages 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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I have no idea if or how I compressed it in the first place. Should I try again? 

There are two sets of documents. One starts with the personal details page followed by points 1-23.6. The other starts with personal details followed by point 1-17.6. 

Edited by Unique
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pages 11 to 18 dont have a sig page

 

page 2 is blurred and the signed date is not showing?

is that your sig?

 

it looks to me 

pages 1 & 9 are dupes?

 

 

 

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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Bundles go 1-8  then 9-18 both have the duplicated pages 1-2 & 9-10 with my signature dated 2005. No signature on behalf of bank. 

I rescan and try to get a better view of the blurred page, the font is far smaller than on the others.  

 

**edit** I can rescan and try to get a better view of the blurred page. Its not the best quality and is a small font size.       

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just that page

 

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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id say thats enforceable but ofcouse that is not all they have to supply should they be brave enough to do court...like the default notice etc etc

 

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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Thanks.
I’ve not had a default notice, payments stopped in 2018. Should I advise them they didn’t provide all documents requested or go back to ignoring? In your experience are they brave enough to go to court?

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god no.

dont tip them off

as i said ignore them until/unless you get a letter of claim.

 

 

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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