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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      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • 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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Too late for claiming contractual


wendypowell62
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Could someone please tell me if its too late to claim for contractual interest, I have already sent my LBA letter off without it (was going to claim the 8% at the MCOL/N1 stage but thought sod it). Any advise please as Im about to put my claim through.

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

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HI WENDY

 

I am at the same stage as you, didnt put the 8% on the spreadsheets sent to capital one, have been trying to do my mcol but it wont SAVE have done spreadsheets for mcol with the 8% but dont know if ive done the other daily rate right? been over and over some treads but carnt seem to find anyhting to help me?

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if this is a credit card a/c you are entitled to claim com int at their int rate.

 

anyhow, you can add/change what you like until it actually gets to court

don't worry. send a revised spreadsheet if you wish

 

dx100uk:p

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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use the daily rate *12 for APR on your latest statement

use vampiresses no.13 spreadsheet

it will do it all for you

all you need is to create a new google ID.

once done, export it as PDF & print!

 

dx100uk:D

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'm afraid i disagree with the advice given already, if you simply add contractual interest without giving the defendant the chance to respond you may come unstuck at the court stage.

 

So although you can change things prior to court without any cost in monetary terms you should give the defendant the opportunity to respond to your changes.

 

If the change to your claim is significant then it may be wise to consider starting again unless you have made provision in your earlier letters for some changes based on some logic.

 

JMHO

 

Glenn

  • Haha 2

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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thanks for that, ofcourse it is the gentlemanly thing to do, but i think there is a thread somewhere that says to the effect that as long as you advise the court and the defendent of the change, it is ok?

 

but yes, the over-riding factor here is the monetary significance between the two. nothing like making yourself look a right prat to the judge:p

 

 

dx100uk:)

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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Hi Wendy

 

Follow Glenns advice.. You could amend your claim but you must give the defendant a chance to reply, even if you know what the answer is likely to be.

 

If you amend the paperwork to the court once filed, it will cost £35 for the amendment, which you can't claim back. Best to get it right first time.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi Wendy, I was in exactly the same situation you were in and asked the same question several months ago, and I ending up sending an updated LBA with a paragraph stating that I am now claiming contractual interest along with an updated schdule of charges and gave them an additional 2 weeks before filing a claim.

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Thanks for all the advise everyone, I think I will send a new LBA Letter and spreadsheet showing the new amendments, as syrill-sneer did.

Thankyou one and all.

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

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  • 2 weeks later...

can anyone advise sonic007?

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

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