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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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molly1959
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Hi

 

I have sent off copies off charges to solicitors, so just have to wait to hear from them. I am just trying to do daughters boyfriends he is with HSBC but the layout of his account is differant and you have to go back to the begining of the statement and go through all the years:mad: His go back to 2002 and it just says total charges and not if they are dd/so etc so am i ok to just put total charges for all of them on the spread sheet?

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Hi

Not sure if any one can help We had a loan with Endeavour Personal Finance for 6,500 think it was in 1996 we took it out any way fell into problems paying it they took us to court to reposse our house but they were not allowed and judge told us to pay think it was around £181 a month we had 4 years left to pay so we never missed a payment when the 4 years were up i rang them to say we were all paid up, They then told me we had not paid any interest in the last four years and still owed them £8,000 i was near suicidle by then they would not budge but in the end we had to remortgage to pay it off. I have not got any details of my account number with them. Was wondering if i would be able to claim any charges back as we were always getting charged for letters late payments etc and a £6,500 loan cost us about £15,000 think it was around dec 2004 we paid it off.

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Hate hsbc even more now, went to see them on friday as we are struggling with our mortgage and our overdraft is going up and up because of charges not at all helpful wouldn't add o/d to mortgage said i would be better off selling up and getting a cheaper place and pay them back, as i told them we only bought an x council house so not exactly living in the lap of luxery. They asked why our mortgage d/d had been cancelled and have we got another bank occount else were i denied we had, as my mortgage payments are going out my daughters account. I asked could they not freeze the interest on my o/d no chance they said, this was all from a kid who was no more than 19 She did ask me if i had thought of claiming bank charges back, so i acted soft ha ha not hard to do, i didn't say i was so it must not come on screen that we are doing this so i will be trying my best to get a chq back from them as not much they can do about o/d and i am still, paying my mortgage all d/d go out of my other account. Well thats my rant of my chest feel a lot better now.

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Hi

 

Just looked on my notice of issue it says '' Your claim issued 26th june the court sent it to defendant by first class and will be deemed to be served on 1st july. the defendant had till 15th july to reply. Then i got Notice that acknowledgment of service has been filed that just says on the front 28th june so which date do i use. Thanks

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i'd say you could start checking the status of your mcol claim around the 24th of july - just check each day - to see if it's changed - you might try pressing the judgment button once each day but don't keep pressing it - i know someone who did and it caused a bit of a meltdown on his claim. by the 24/25th i bet they have filed a defence and it will say "you can not proceed on mcol".. then you know they have defended.

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Hi

 

Today my daughter and i received an offer of HSBC say's without predjudice and they are not admitting liability. The offer is around £500 les than each claim and they are saying it is a full and final settlement. We have got 10 days to reply. We don't want to accept as have already done mcol and thay have only got till 29th july to defend claim. The address to reply to is still Hsbc what is my best move to take now.

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You can send a partial acceptance letter accepting the offer on the basis that the rest gets forwarded on to you within the next 10 days. Here is a copy of the letter I sent.

 

 

Thank you for your letter dated xx.xx.2007 offering £xxxxx.xx in full and final settlement of my request of the bank charges you levied from our account during the last six years. We are prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder of £xxxx.xx is to be paid within the next 10 days. This amount is made up of £xxxx.xxx being charges levied from our account as detailed in my letter before action dated xx.xx.xx, £xxx.xx being the interest claimed under section 69 of the County Court Act 1984 at 8%, and £xxx.xx being the amount paid by ourselves for the claim made against you via Money Claim Online on xx.xx.xx. We have enclosed a copy of our letter before action together with a schedule of the charges and interest claimed.

Please note we are claiming £x.xx per day in interest at 8% until this matter is settled.

Yours faithfully

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Hiya Molly, think you will find HSBC will back off anyway when they find out you have submitted your claim to court but Jo's letter does a nice acknowledgement and refusal job all in one go without you actualy saying no :)

 

pete

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Daily interest is calculated by taking the total amount of charges you are claiming and multiplying it by 0.0002. e.g total charges = £1500.00 then daily interest would be £1500.00 x 0002 = 30p. Then take the number of days since you filed your claim and multiply it by the daily interest figure.

 

Of you haven't specified that you are going to claim this then I don't think that you can claim it now

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You can ask that in your letter. Just state that you want the repayment in the form of the cheque which is to be made payable to xxxxxxxxx

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