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DCG
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B132 NOTICE TO A REGISTERD PROPRIETER OF AN APPLICATION TO ENTER AN AGREED NOTICE

 

 

the aplication was lodged by

 

shoosmiths of bedford road the lakes northampton nn4 7sh

 

on behalf of alliance+leicester personal finance

 

wat is it and wat can be done about it

 

its in connection with this

 

http://www.consumeractiongroup.co.uk/forum/ppi/72085-had-ppi-loan.html

 

plz help

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they refused to pay the ppi on the loan we were ccj as we had limmited income we could not pay the loan

 

as they refused to pay the ppi but the same company genwerth financial also payed anothere ppi for some thing else we had not sure wat that was

 

but wat can i do about it

 

thats wat i need to no

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From reading your thread, it seems that they are refusing to pay out because they have classed depression and psychosis under the same umbrella of "mental illness".

 

The only thing you can do is to try and fight it out with the finance co. behind the PPI... by arguing that although they are both types of mental illness, they require a different diagnosis... and different medication to control their symptoms. It's worth a shot.... especially when you have said that they have paid up on another claim, but a different account. You can ask them to explain the logic of this to you, balanced against the logic of their rejection of the claim you are writing about.

 

Having said that, I think you will have a battle on your hands.... because although the more serious mental illness was not an issue when the PPI was taken out, psychotic illnesses are often considered to be more serious forms of depression and often co-exist with depression anyway.... which I assume is why you are having a problem getting them to pay out. My ex was diagnosed with schizophrenia approx. 2 years ago... but also suffers with manic depression, which is how I know some of this.

 

I am sorry that I cannot be of more help on this occasion. Hopefully, someone else will be along to help you later on....

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how do i do it m8

 

as they payed out on one and not the other also will i need the letters sent from the mental health team also telling them the diffrences and the letter that they should of asked the psychietrist for but dont think they did

 

do i sar the insurance with both there claim number ie the one they payed and the one they didnt both clames were sent at the same time ????

 

looks like a case of left hand right hand to me

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how do i do it m8

 

I have never been down this route with PPI... so can only advise what I would do if presented with the same circumstances. You have a fight ahead of you, but if you are prepared to pursue it and try and get some answers, then you have to keep everything in writing and send all correspondence by rec. delivery.

 

as they payed out on one and not the other also will i need the letters sent from the mental health team also telling them the diffrences and the letter that they should of asked the psychietrist for but dont think they did

 

Get hold of everything that you possibly can that explains that the 2 conditions are different and require different treatments. Make copies to send and keep the originals.

 

do i sar the insurance with both there claim number ie the one they payed and the one they didnt both clames were sent at the same time ????

 

I cannot advise on this one.... it needs someone with more knowledge of PPI.... It sounds good in theory though and will certainly do no harm.

 

looks like a case of left hand right hand to me

 

:)

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Hi DCG first let me say don't panic

 

They are asking via the Land Registry that your mortgage lender be asked to agree to their placing a charge on your property without the need of obtaining a CCJ.

 

The homeowner can object before the Notice has been registered, in which case the Land Registry will investigate and consider the position and the registration cannot proceed until the dispute has been resolved.

If the Notice has already been registered, the homeowner can still write to the Land Registry and object and they will again investigate. If anybody at any time finds anything registered against their title to which they object they can write to the Land Registry. It will be treated as an application for rectification.

This is clearly a new tactic introduced by the legal lapdogs of the finance industry which once consumers become aware of is also doomed to failure

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My post is in response to the op's original request for advice as to what is a NOTICE TO A REGISTERED PROPRIETER OF AN APPLICATION TO ENTER AN AGREED NOTICE & how to deal with it.

 

I have also posted my answer in the general knowledge forum so that home owning members will become aware of this new tactic by the debt collectors & how to fight back

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I have had some more thoughts on this DCG. Although your partner is on meds. for a mental health condition... has it been diagnosed with a label ? I you can get a diagnostic label from her GP, it may help your case that she is suffering from a different condition.

 

I realise that this is an extremely sensitive issue, but the meds. she is on.... Respiridon (not sure that is spelled right)... is often prescribed to schizophrenics and is an anti-psychotic drug. If she has not been given a laballed diagnosis for her condition.... it may be a route worth pursuing to help you fight your case. She/you could then ask for some specific written confirmation of her condition to send off.

 

On a different note.... if she is not claiming DLA (Disability Living Allowance), it's worth asking for a claim back to be sent to you.

 

:)

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MY EMAIL TO THEM

 

hope its ok

 

Thank you for your letter dated 3rd april

TITEL NUMBER C******8

With regards to the application I must insist this is not recorded yet as the account is going in to dispute

With regards to an insurance clame on the ppi sold on this loan from a+l

There insurance genwerth financial refused to pay the insurance due to a medical condition

But the same insurance company valid another clain for a different account at the same time given the same information

There for I object to any notice placed un till this dispute is sorted

Thank you

 

DCG

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Hi again DCG,

 

Two things....

 

Firstly, I think it may be worthwhile contacting the Land Registry as advised by Pliny in one of the above posts, inform them that you are disputing the charge and therefore, are objecting to the Notice.

 

Secondly, since they have already obtained a CCJ... you cannot withhold payment now, no matter how much you disagree with how things have panned out. You now have a Judgement against you and you cannot afford to mess around with that.

 

This does not mean that you give up your battle with the PPI issue...or pay more than you can afford to pay.... but you do have to pay.

 

Under the circumstances, I would write to Shoosmiths with a payment proposal. Include an income/expenditure breakdown and offer to pay what you can realistically afford to pay. Was a monthly amount agreed when the CCJ was issued ? If you maintain payments, then you will cover yourself against any further action re. their enforcement of the CCJ. You need to cover yourself... you have enough worry and stress without having to deal with this threat as well.

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Firstly, I think it may be worthwhile contacting the Land Registry as advised by Pliny in one of the above posts, inform them that you are disputing the charge and therefore, are objecting to the Notice.

 

thats done with the email sent

 

 

Secondly, since they have already obtained a CCJ... you cannot withhold payment now, no matter how much you disagree with how things have panned out. You now have a Judgement against you and you cannot afford to mess around with that.

 

ill sort that wen i di the insurance firm involved no payment as ive no cash at the mo

 

This does not mean that you give up your battle with the PPI issue...or pay more than you can afford to pay.... but you do have to pay.

 

i wont give up cannons loaded

 

 

Under the circumstances, I would write to Shoosmiths with a payment proposal. Include an income/expenditure breakdown and offer to pay what you can realistically afford to pay. Was a monthly amount agreed when the CCJ was issued ? If you maintain payments, then you will cover yourself against any further action re. their enforcement of the CCJ. You need to cover yourself... you have enough worry and stress without having to deal with this threat as well.

 

no there was no payment plan with it but i will contact them by letter on tuesday

 

as for the insurance firm im also going to try and angle it as to the disstres caulsed to my partner and try to get some compo for her stress

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ill sort that wen i di the insurance firm involved no payment as ive no cash at the mo

 

 

A token payment can be between £1 to £5 per month and if it's all you can afford, then they have to accept that. You cannot offer nothing at all with a CCJ on the account.... Shoosmiths will be on your case straight away.

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