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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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Happygilmore

Happy v HSBC

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I dont know if i should print my statements off as i just browsed through each month online and totted up the charges , came to £2991 :x

Sent my prelim letter off yesterday so the clock is now ticking.

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i just did as you have, gone through them all online and put them into a spreadsheet, for possible future reference, sent mine of yesterday (£4115 :mad:)


HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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who did you send your preliminary to?


HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Just addressed it to the Branch Manager of my local branch.

Then sent it recorded delivery.

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Hi Happy,

 

For calculating the charges online statements is fine. However, the DPA request asks for notes and evidence of manual intervention. If there has been evidence of this, the bank could justify their charges by saying they had to 'work' on your account.

 

My suggestion would be to make a DPA request ASAP, but start to calculate your charges anyway. It is unlikely you will get more than statements from HSBC anyway...

 

Once you are 12 days into the DPA request, you can issue your prelim, safe in the knowledge that if the bank does provide this evidence, you will be in a position to consider whether to raise a claim or not when the time comes.

 

Good luck and keep us posted.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Ive already sent my prelim letter off , do you think i should send a dpa request tomorrow then just delay my LBA by a few days?

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Yes - that sound about right. Don't forget - the option to raise a claim remains with you, so you could do letters one and two, and then wait until the DPA 40 day limit is up before raising your claim. Don't forget to allow a couple of days for the bank to receive the DPA letter, include the stautory maximum £10 fee, and send it recorded delivery to your local branch.

 

Good luck.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Yes - that sound about right. Don't forget - the option to raise a claim remains with you, so you could do letters one and two, and then wait until the DPA 40 day limit is up before raising your claim. Don't forget to allow a couple of days for the bank to receive the DPA letter, include the stautory maximum £10 fee, and send it recorded delivery to your local branch.

 

Good luck.

 

Oh bugger! I didn't do that! Added up charges online and then went straight to Preliminary! Mentioned manual intervention aswell! Is this going to screw things up for me????


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Oh bugger! I didn't do that! Added up charges online and then went straight to Preliminary! Mentioned manual intervention aswell! Is this going to screw things up for me????
Probably not - as I say, HSBC are not likely to send anything more than statements.

 

However, you could do as I suggested to Happy: send of a DPA request ASAP, but continue with the rest of your timetable. Just delay raising your claim until the 40 day deadline expires. That will prevent any nasty surprises after you have raised your claim...


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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I didnt get any kind of reply from my prelim letter and the 14 days will be up tomorrow.

Will be posting LBA tomorrow afternoon.

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Recieved letter from bank saying that they have stated their position in previous letter so starting claim with money claim although having a few problems with particulars of claim.

When clicking the reserve the right to claim interest tab i get pop saying

Do you want to reserve the right to claim interest?

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

where it says {put the amount} is that the total amount of my claim including interest and also what do i put in {enter the daily rate of interest}?

Hope someone can help me out , thanks in advance.

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where it says {put the amount} is that the total amount of my claim including interest and also what do i put in {enter the daily rate of interest}?

Hope someone can help me out , thanks in advance.

 

No, this is the amount of interest at 8% on your total charges from the date of the first charge to the date you submit the claim

 

Daily interest is total charges times 8% divided by 365, which is added for every day between the date you submit claim and the date the claim is settled.

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Would my total charges be including the interest?

If so it works out to be 3753.85 x 8% /365 or if it doesnt it would be 3133.50 x 8% /365.

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The daily rate is the claim amount x 0.00022

Your claim is roughly the same as mine, so it's going to be about 75p per day.


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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That would make a daily rate of £9.27 , does that sound right?

 

That's a great daily rate, if only it was true!!!

 

:D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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works out to be 82p :) , £9.27 sounded a lot nicer though

 

One of my fav films karnevil :)

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Excellent!

Your money is very close now, about 15 to 20 days tops.

Can you smell that cash?

 

Crusher :-D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Recieved a letter today from D G Solicitors reading :

Dear Sir

Re : Yourself v HSBC Bank plc

 

We have been instructed in relation to your claim you hvae recently issued against hsbc. To enable our client to consider your claim please supply a breakdown of the amount you are claiming.

 

 

 

 

What do i send them? A complete list of every individual charge or just what the charges total up to and then seperate list how much interest i am claiming?

 

Also recieved letter from moneyclaim saying that Acknowledgment of Service has been filed and then ive got a copy of the Acknowledment of Service.

D G solicitors

12 Calthorpe Road

Edgbastion

Birmingham

Are the solicitors involved and they have ticked the I intend to defend all of this claim box.

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They should have the full details of the amount claimed then shouldn't they? Hopefully a moderator will be along to advise you but if the same solx are acting then they should have received full details of the claim, they should have it?

 

x

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Absolutely positive it is stalling tactic Karnevil....

 

...this site makes me wonder if I am going into the right profession - I went in thinking I would be upholding law and seeking justice:?

 

Sorry to hijack your thread Happy and Good Luck though.

 

x

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 256 days.

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