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    • Yes almost Stature Barred. Which means? So basically I wait and see what happens?  Yes i believe so and is this a new 1 upon you guys? 
    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
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Mr&Mrs-v-Halifax


mr&mrs
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Hi, put our story on the welcome page so won't bore you all with it again (I tend to waffle). Having read some of the other postings it seems it may be best to start this thread with our progress.

 

Halifax deny having received our pre lim (so LBA sent Recorded and emailed all letters...we live and learn!). Tried e-mail and telephone communication with Halifax prior to and since LBA but no koy so far (other than "we have 8 weeks to respond").

 

Due to submit MCOL on Fri 23/02/07 £1933 charges + £604 interest...a little nerve racking! Was hoping they would at least discuss it with us prior to action:sad:

 

Anyone else at the same stage as us with the Halifax?

 

Pre lim sent 26/01/07

LBA sent rec del 16/02/07

Mr&Mrs

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Hi mr&mrs,

I phoned twice & e-mailed 2 times the Halifax last week as my LBA was due to expire on Fri. 16/02...very polite people on phone but no joy!! So, I filed my MCOL claim on Monday 19/02...they were given the chance to settle before interest was added on but didn't seem to want to!! More money for me then!!

Let me know how you get on!!

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Hi Docannie

 

I agree...they are polite and nice but like you say...no joy! I've just sent another e-mail to customer relations urging them to get in touch prior to friday and confirming that at that stage I will be reserving my right to claim interest rather than being willing to negotiate but if your experience is anything to go by I've just waisted my time:D

 

It is more money if they hold out...daunting though eh? I really hope you get a swifty resolve.

 

Please keep me posted on how you get on...good luck;)

Mr&Mrs

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Progress! I hope so. No joy at allwith general customer relations numbers or e-mail...no response or effeort to negotiate from them. Have used one of the senior CRM's numbers as posted on here and I'm on the phone to them now...they are looking into the charges whilst I wait...keeping fingers crossed! Will let you know

Mr&Mrs

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WOOHOO!!!! They have agreed to pay full £1933 in charges and £250.00 toward the interest we would have claimed had we issued court papers on Friday!! We are very happy with that. We have to wait for the offer in writing and sign the acceptance so won't count chickens just yet but hey, what a result! Thank you to this forum and it's members for the useful advice and tips...we couldn't have done it without you. Donation will be made once money received!Pre lim 26-01-07LBA 16-02-07Settlement (full charges and partial interest prior to courtaction) 21-02-07

Mr&Mrs

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Well done!!!!! I think i'll try that when i get to your stage!!!

 

What tel number did you call and who did you speak to?

 

Also, was your account still open before you started claiming?

 

Matt

19/02: S.A.R - (Subject Access Request) sent to A & L

20/02 S.A.R - (Subject Access Request) sent to HBoS

20/02 SAR sent to Capital One

21/02 Prem letter sent to RBS for £304

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Well done!!!!! I think i'll try that when i get to your stage!!!

 

What tel number did you call and who did you speak to?

 

Also, was your account still open before you started claiming?

 

Matt

Well done!!!!! I think i'll try that when i get to your stage!!!

 

Matt

 

I'm not at home at the mo so can't give you the number/name offhand. I got the number from this site though. It was under the thread giving contact names and numbers for Halifax. The name given (that I asked for) wasn't in but the lady I spoke to was a senior customer relations manager at Leeds.

 

She was very nice actually. She gave me the usual "it's highly irregular for us to negitiate over the phone" and "this is a one off". She also came in with a much smaller offer at 1st but I held my breath and went for it. In actuial fact the interest on our claim had we got that far would have been £604 but I was happy to take the charges and the £250 extra just to have it finnished with to be honest. I was 2 days away from putting in my claim which perhaps gave me some leverage so it may be worth you going down the same route when you get that far.

 

Good luck!

Mr&Mrs

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Hi all, I sent my LBA on 12th Feb and recieved the standard letter saying they are looking into my account blah de blah.

Should I be thinking that I should contact them or just issue court papers on Monday?

 

Star2544

 

I got my result today by phoning prior to issuing court papers (which I would have been due to do on Friday). I have been phoning every day since Monday and getting different responses each time but today was a phone call worth making! It's surely worth ringing them, you have nothing to loose. I played it by saying I kept ringing so that I could note my efforts to settle out of court. Maybe contact them again friday if you haven't had any joy?

Mr&Mrs

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Thanks very Much. Well done on you win.

Is there anything that I will have to say or can you suggest anything that worked for you.

 

Thank you! I just tried to keep it friendly, I got a little forthright (out of frustration!) with a chap on Monday and he really dug his heels in and gave me the blank 8 weeks response. I thought at one point the guy was going to try and haggle but after asking if I was recording the call (:???: ) he changed his stance. My call today however was to a senior customer relations manager using the contacts provided on this site. She was great. I also e-mailed [email protected] after each call, stating who I'd spoken to and the outcome of each call and expressing my dissapointment at their being unable to make effort to negotiate prior to Court Action. DOn't know if it all helped nut got there in the end.

 

Hope you do too, keep us posted on your progress!

Mr&Mrs

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Congrats to both Mr & Mrs and docannie..

Seems to be the day for settling today - called them this morning and was told '..sorry, its 8 weeks..' However, I kept my cool and explained that I had hope to settle prior to court, but had now filed N1. Woman I was speaking to was very apologetic and told me that she would e-mail customer relations. 90mins later got a call from customer relations and after I rejected the first offer, she offered the full amount - just waiting for written confirmation :D

Survivor :cool:

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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