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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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Advice needed please


CheeseOnToast
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  • 3 weeks later...

Good news everyone - DG sent me a letter yesterday! ;) Can't discuss specifics because of the confideniality thing :p

 

Can someone please advise me, they offered the full amount of charges back but not with my £120 court fee on top??

 

I'm not trying to be greedy but it seems bad on principal, should I be requesting the court fee on top or just take it run (which is what I feel like doing!)

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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Right I need some advice, please forgive my stupidity.

 

HSBC do appear to have offered me the full amount plus my court fees. They have however not included the interest charges.

 

I have looked at my moneyclaim online court summons to them and although I have noted the amount of interest in the description of the claim, it is not listed under the Total Amount Claimed box on the bottom right (I am assuming I have balls'd up the inputting) - So have I screwed this up as far as claiming the interest goes??

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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it is not listed under the Total Amount Claimed box on the bottom right (I am assuming I have balls'd up the inputting) - So have I screwed this up as far as claiming the interest goes??
I haven't actually submitted my claim yet, but have filled the online form in ready, and as far as I remember it does say you should add the interest in, so the total amount claimed should include the 8% interest. If you didn't include it there, that's why you haven't been paid it, even though you put it in the description part. I don't know whether you can get it back or not now. If you're really concerned about the interest (it can add upo to quite a bit) suggest you need to phone the court and ask them. Unles anyone else here has had similar experience?

 

Neil.

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Personally, I would refuse the confidentiality thing too.

 

Why should you keep quiet about them giving you YOUR money back?

 

Bribing you to keep quiet with your own money...?

 

Nice. I'm damn sure I wouldn't be bought with my own cash - if they want confidentiality then that's a seperate commercial agreement and one that you should be paid for.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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I would think that since you haven't accepted yet, there's nothing to stop you contacting them, and point out you want the interest as well.

They can say yes, in which case all hunky-dory, or they can say no, in which case you say: "ok, see you in court then", then go back to Moneyclaim, alter your claim to include interest.

It will cost you £35, NON reclaimable, as it's your f***-up, but if, as I'm guessing, interest is in the £100 +, you'd still be quids up. You can point this out to HSBC before you do it, don't forget they have a duty to try and stay out of court as much as you do, so once you show them you know you can alter your claim, and that they'll have to pay it anyway, they may well give in.

 

Incidentally, until you have accepted confidentiality, you can blab to your heart's content. (And I agree with Dave, but that's a different story).

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The interest adds up to £350! lol

 

Guys, once again, you have been absolutely fantastic - Thank you for taking the time to reply to me I know you are very busy.

 

I will give them a bell now this morning and see what they say about it.

 

Should I dispute the confidentiality or is that likely to drag things out even further? How would I go about it if I did, write back when I get the offer for the amount I want and say I accept the offer but not the confidentiality agreement and see where it goes from there?

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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After speaking to them, I faxed them a letter requesting it formally and today I got a settlement letter for the full amount.

 

To be honest I didn't want to bring in the confidentiality problem because I am up to my neck in currently going through a new mortgage and this will cover nearly all the remaining debt I have when it's done.

 

THANK YOU CONSUMER ACTION GROUP!

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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