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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!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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debt help scotland


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Hi all

 

got myself in to debt with credit cards and 2 loans , and cant afford to cover the payments on them all , no arrears yet but think this month probs will be, and looking to do self debt payment plan,

 

do i have to wait till they default before i send letter pro rata payments or can i do that now , I just opened parachute account with co op

 

many thanks

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do you think this will prevail for a good while?

 

if so why dont you try the breathing space scheme 1st?

 

 

 

but if you know its going to prevail, then, the best thing is to get defaulted ASAP IMHO.

the quicker you do that, the quicker they fall off.

 

glad you've read a good few threads ...well done!

 

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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hello dx100uk , 

 

thanks for quick replay and yes been reading and reading posts  , still have few questions if you could help as I  defo want to go down the self help debt payment  route and send pro rata paypent letters , am in scotland also if that matters?

 

so just wait till they send me default letters then shall I send pro rata payment letters and do i need to sent a budget and expen to them?

 

many thanks for your time

 

All the debt is with OC , just dont know if i wait for default letter from them all , then send them pro rata letters and what amount do you recommend £10 ok 

 

i have cancelled all the dd to them

 

aahhh found your post about it remember seeing it but couldnt find it there 🙂

as this DN gets issued on each account, then you look toward entering them into your pro rata agreement. (letters are in the debt collection section of our library)

 

 

Edited by razorc
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  • dx100uk changed the title to debt help scotland

correct..debt wise

just transfer over what you need too and only pay the dd's you are legally obliged too.

pers i see no problem is having dd's to sat ctax/mortgage/rent/utils on your parachute account though.

 

ideally do what i do.

i do not use dd's at ALL

on the co-op account you can select/enter people to do BACS transfers, then you control things totally, just dont forget each month..:pound:

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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thank you for info and assistant , great help.

 

also when i am doing the pro rata , once the defaults appear , when doing I&E do you have to include partners income or just mine

 

 

Edited by razorc
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you can include your partners income but it cant be taken into account  for debt solely yours

 

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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  • 4 weeks later...

god NO!

none of their business

 

see the Pro rata letters in the debt collection section of our library.

 

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

Afternoon all , 

 

so starting sending pro rata letters off the other day , the ones that have sent me default letters, still have to send other 2 for loans but not had default letters from either , can I just send them pro rata letters now or better waiting for the default letters 

 

JN Bank (loan) have just sent a few letters with you have missed this months payment please pay now

Creation Loans - also the same  

 

no default letters from them yet

 

many thanks 

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i pers wouldn't be offering payment until you know the debt has been defaulted.

 

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

Will hold fire then , till then , just wanted make sure doing it correctly

 

thanks for quick replay

 

could i upload barclaycard letter dx100uk , to check its a default letter if that be ok with you 

 

thanks

Edited by razorc
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ofcourse 

read upload pdf only please

 

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

thats not a default notice

 

it say what it is 

a default notice must be in a set format.

 

use our search default notice,

 

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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ahh no problem , will have a search on it , thank you

 

sorry for being stupid been searching but getting no where finding it , 

 

so i have letter also from virgin just arrived has on that - Notice of Default Sums is that same as default notice , really sorry if stupid here 

 

 

 

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notice of defaults sums is not a default notice 

 

use our enhanced google searchbox

default notice pdf

 

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

Think I need to slow down , god i sent barclaycard the pro rata , yesterday , hopfully wrong po box i sent it too , have i messed it up 

 

will have a search on that now

 

defo know now what a default letter is  , righty i shall await them coming , was hunting on the search bar and getting know were quick  , didnt even see the enhanced google search bar

 

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  • 3 weeks later...

Afternoon 

 

just received letter from tesco credit card accepting offer of pro rata payment , letter says for 6 months then will be in touch to review , i have received a letter of default if anybody help if this is defo letter of default they have also sent this time

 

i have attached letter , 

 

many thanks for your time all

tesco default notice 14April-CAG.pdf

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That's a Default Notice

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

 

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Well done settling down nicely

 

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

  • 2 weeks later...

afternoon ,

hoping someone can kindly help ,

sent creditors the prorata letter with the budget spreadsheet on the forum , and JN bank have come back to me saying i havent done the pro rata correctly , 

 

they have said - 

thank you for your response.

We note that the payments are still not pro-rata;

A pro-rata payment would mean that your disposable income is spread fairly over creditors, not equally. For example, a balance of £600 would receive a lower payment than a balance of £6,000. By spreading the disposable income across creditors this way it ensures that there is no preferential payments and you can clear the debts off at the same pace.

 

 

i have 9 creditors

- and what i had left each month divided that by 9 so each get the same amount , is that wrong? as it doesnt work that out on the spreadsheet

 

many thanks 

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