Ok it so complicated to explain though. I have 2 cases: One is personal - which was money borrowed/ secured on a lease property. Property repossessed. But after 4y still not sold. Lender and lpa receiver refused to sell, despite willing buyer. Interest still accruing. Instead they chose to completely redevelop it, added huge cost of works to my debt. They doubled my debt. Not even marketing for sale for 2y+ Now made application for summary judgment for total amount. Other is fiduciary - instead of selling the lender chose to gut the property which was serious breach of lease. Freeholders served them with s.146 for forfeiture. It's going through courts as they made a relief claim and freeholders going for lease to be extinguished. Freehold is protected in a Trust and I'm one of the trustees (not beneficiary). I've been handling this too. They should have sold the lease asset 4y ago - and there'd be no debt. Gutting it jeopardized the security and unnecessarily doubled my debt. They are just trying to bankrupt me for a debt they created. That's what this summary judgment is about. And I want to write to judge to say how bad their behaviour is, the debt should be capped excluding their ridiculous costs and interest, and the property marketed for sale - and let the incoming buyer lawyers deal with the breaches/ remedies (if poss) with the freeholders... or for the whole claim to be put on hold until the freeholders claim is settled one way or another...

Sorry dx. I don't mean to hide stuff It's just been such a unique situation that to discuss openly on a public forum may be detrimental. I've had a court situation before when the opposition confronted me with my posts

I need some urgent help please. Been embroiled in very complicated litigation for several years. Had legal help but recently been let down so am trying to handle alone before I get fresh legal (Pro bono) help. But am under time pressure. Right now a claimant made an application for summary judgment against me. Old lawyer was notified but took 5 days to forward it to me. I immediately drafted a letter to judge - few pages asking for time to find new lawyer and the precise reasons why their application should be be struck out. But court email replied they wouldn't forward to judge unless letter was attached to a form with fee payment made. Firstly - I'm not sure what form to use? I kinda figured a n244 ? But am really not sure as I just wanted my letter to go to the judge, not to the Claimant. And the n244 says I have to "serve" my application on everyone. It took me hours to figure out how to edit a PDF. I had to download a free trial. I'm trying to do that now. But am confused with all the form questions. And also if this is really the form to use? Is there a way to just write to the judge? So I've spent half the day trying to get head round this. And trying to decide if I have to send letter to Claimant too then I'll have to slightly re-word my letter. Do I have to send a n244 application/ letter to the otherside simultaneously as to court? Secondly, whilst I've been trying to figure out the form - the old lawyer just forwarded a 2nd doc from court that says judge already read claimant application yesterday and set a hearing date in a few weeks time. What I want is to - apply for summary judgment to be set aside - any future hearings be heard in my local court - ask for minimum 4w time extension to enable me to sort fresh legal help - but equally ask for the Claimant's claim be "stayed" until an associated claim is settled. Is this all possible? This is where it gets complicated. The other associated claim is really serious and could adversely affect the Claimant. But they are a huge well funded institution and are abusing the system against me. They are deliberately rushing forwards the claim against me personally, giving me no time to prepare, also with a court 00s of miles away. Whilst dragging out the serious claim against them - via court time extensions and last minute delays. They are trying to manipulate the system so that both claims need my simultaneous attention or even simultaneous court attendance in different locations. It's both overwhelming and physically/ mentally impossible to cope. As an example - they already delayed the serious claim a lot - 2 time extensions/ by 2 months - so the judge refused any more. Then a couple hours before a joint doc submission deadline they suddenly asked for another extension and made an application to the court. They did this deliberately. They want to delay evidence in this claim until after the judgment hearing. So I want to tell the judge this - and get the summary judgment against me stayed until the serious claim is settled. Is that do-able? Also - I need to make sure old lawyer is not sent legal stuff anymore. Doing more damage than good by being on the record. How do I do that? Don't really want to be litigant in person. But have no choice til I get fresh legal help

How you force a lender to market and sell a property that they repossessed? And how do you fight the realistic level of debt (w/o lawyers) ? Lender behaved appallingly for more than 3y.

Badtimes - the judge gave an Order that the £s in kids account to be refunded and that the remaining £s - only apx £400 - were to remain frozen until I complied with the claimant request for more info. I complied as said above. It's just that the £s haven't been returned. It seems a bit catch-22. The claimant lawyer wanted even more info - which the original order didn't ask for - and unless I gave more info they wouldn't close the TPDO. It doesn't seem correct that a claimant should hold so much power and a TPDO could remain there for years? This is why I'm wondering if I should write to the judge and ask him to bring closure - give an Order. I consider I did enough to show transparency and no hidden £s/ assets

Skintbadger This site is very useful for a lot of people and one really should stick to being helpful and kind to others. And refrain from personal comments - unless they are positive !

Not that I am aware of HB? This is the first time, I think and hope, that I am addressing this issue.

Skintbadger - No I am not hiding any assets or £s. And No to bankruptcy either. I'm not angry with your comment - but you are being both judgmental and fantastically speculative about a stranger. If you have a valid response to my comment today, then great. If not, please sssh.

Hello I'm just looking at an old debt to check if due process was followed correctly. A few years ago a large financial institution gave me 2 short-term loans with two separate registered entities/companies [lets call them Company A and Company B] under its parent hat. The loan in Company A was considerably larger than the loan in Company B. Both loans had the same repayment date.. I didn't repay either of the loans by the due date. Fast forward many months and a legal claim arrived from lawyers acting for only one of the companies, Company B. When I looked through the papers I noted that the lawyers had 'consolidated the two loans together as one big loan. They had assigned the larger value loan in Company A into the lower value loan in Company B. But they had never notified me. Never sent any notice of Default on either loan. Never sent me a Notice of Assignment. I had no idea at all that this had happened. Their legal papers showed that: a) they considered one loan to be in Default on the payment due date - e.g: 29.04. b) they allegedly had made a Demand on the 30.04 c) they had assigned the larger value loan in Company A into Company B - by way of a deed of Assignment on 05.05. d) they were now claiming one huge consolidated loan all in Company B. My memory is a bit hazy. Aren't companies supposed to wait a certain amount of days from Default to Demand to Notice of Assignment? In this instance they allegedly assigned one debt into a completely different entity in just 5 days. Can they do that? Or did they effectively invalidate the loan that was in Company A ??

Hi Just trying to understand what I should do next with this situation? £s were grabbed via the TPDO. I successfully got most of the £s back. But a small amount - apx £400 - is frozen, sitting in a special TPDO account at the bank. And has been for 5 months. I complied with the claimants request for further info - twice. Twice because at the first response they weren't satisfied and asked for further clarity. I was claiming hardship and no income and in need of the £s.. At first they just wanted 3 months info. After complying with everything they requested, they then asked for 6 months info. They now said they'd only agree to cancel the TPDO if I complied with giving them 6 months info. If I didn't comply they reserved the right to make an application to the court to ask for more info. It is ridiculous situation. I clearly proved I did not have the £s to repay the claimant (a large sum). And clearly proved hardship. I would like to have back the frozen £s that are just sitting in the bank. And would like the TPDO closed. Can I write to the Judge and ask him to now make an Order to release £s/ close the TPDO? It doesn't seem right that this claim isn't closed. It makes me very nervous to have an open-ended TPDO. Advice welcomed

There wasn't a transfer between the tpdo account and the parachute account

Thanks. Yes I understand. The judge/ creditor ordered 3months of bank statements specifically for the account subject to the tpdo up to the time of freezing. That I did. Plus extra info on benefits and tax returns etc. I didn't disclose the new parachute account in different bank. They didn't ask me to and there was only teeny amount in it. There's no debit card for it. I was owed some £s which came in after the tpdo and now sits in the parachute account. The £s will help pay some DDs for next few months. I would also like to understand creditors rights over pensions though? I've recently read legal precedent cases which state creditors can claim/ grab the 25% tax-free-lump-sum from pension funds. But I took/ used my 25%. Is the remaining pension fund protected? Or vulnerable to creditors? I would like clarity on this. Pensions are supposed to help one from retirement to death - not leave one with zero to live off. I may need to take a small pension from Apr 6 (under personal allowance) to help survive. I won't take it if this creditor can claim it.

Thanks The tpdo and all requested info was specifically about the account to which the tpdo related. I wasn't asked in court to disclose info about a separate parachute account

I'm still waiting for Judge to grant order on whether remaining frozen £s can be released. I provided the info by required date. Which was a long time ago now. Long enough ago that I should have received a final order saying yes or no. I'm just a bit confused on the system. I thought I'm waiting on the judge to read my evidence and then make decision? Yet the lawyers have drafted some kind of new consent order they want me to sign. Their own drafted consent order states that "I agree they'll allow remaining £s to be returned as long as I send extra info". I should instead chase the court for the outstanding order, yes? It doesn't seem right that they want to control the situation via their own drafted consent order - when I thought the decision was with the judge? They threaten that if I don't send more info they may make a further court application.

I am confused. But only because I don't think correct process was followed. I received a lawyer's 'LBA' the day after a debt defaulted. The letter advised - almost as a passing irrelevant comment - that the debt had already been assigned to a different company. And they were instructed to take further legal action on the combined debts. The creditor had given no notification that they were assigning the debt, nor did they ever send a notice of assignment. Documents received a few months later showed they had actually assigned the debt only 6 days after the debt defaulted. I am confused with the process. I thought that a debt had to be in default for a creditor to issue a notice of assignment? And to be in default for a certain amount of days before issuing the NoA? I got neither default notice or a notice of assignment. The creditor just assigned the debt to another company. Is this possible?

what is a LOC ?

This happened a few years ago. Attempts to collect on the combined debts have so far been unsuccessful, but think the creditor may try again. I was just going through all my old emails and papers and I noticed the discrepancies on the dates and assignment

Would just like a brief recap please on the timelines required before a creditor/ company can issue a notice of assignment and actually assign? If a debt is due payable on a specific date is that the date the debt officially is in 'default'? Does the creditor have to put in writing the borrower is in default and simultaneously issue a 'default notice'? How many days are required from the default day and/or the default notice to the creditor being able to issue a 'notice of assignment'? What happens if the correct procedure is not followed? Many years ago I had an issue with a credit card company which issued a default notice and then issued a notice of assignment (to a dca) too early . The assignment was deemed invalid and the credit card debt was written off. Is it the same now? I'm a bit out of touch with current legislation. I have a situation where I received a 'letter before action' - it was dated the day after the default of a debt. The letter stated the debt had already been assigned. Later documents showed the debt had been assigned only 6 days after the default date. No default notice had been given. And no written notification of assignment to a different company had been given. Would this make the assignment - and the debt - invalid? This debt was assigned to a separate creditor/ company to which I already owed a smaller sum. The creditor has since tried to reclaim the combined sums. What are my chances of claiming the assignment was not done correctly and is invalid and thus reducing the amount owed? I have the potential to be able to clear the smaller sum but not the combined sums.

I struggled for many years paying water bills. I had meter issues and many disputes on correct / incorrect usage. Technicians did site visits. Meters changed. Many letters etc. At no point did anyone within management suggest 'Watersure'. Through alternative research I discovered 'Watersure'. I got and provided the required docs, applied, and was accepted - so from then on bills were to be capped. I then asked if the supplier could backdate the claim - on the basis I had been eligible for years? But they refused. I tried to argue that I could have had capped bills for more than a decade. Instead I'd paid 000s of £s. I argued the capping process should have been more transparent . They still refused and simply say I need to clear the accrued arrears. Which is still where I am now. I am paying a token monthly payment towards the arrears - but not on an official monthly plan. Just wondering if anyone has ever had any success in back-dating a 'Watersure' claim? (I'm only talking about account arrears, not current consumption.)

Thanks both. I did 'bother' with exactly what the judge ordered. Its just the extra info the claimant lawyers subsequently want - superfluous to their original request - that I can't be bothered with. I did basically ignore them. I just clarified some hmrc issues re pandemic grants and benefits... But you have answered my question in that it is up to the judge to decide whether my money is returned. Keeping fingers crossed. There's such a covid backlog - apparently Judge's have to write up Orders within 19 working days but they are constantly exceeding that..

Update The judge agreed with claimant they could have sight of tax returns, bank statements etc to ascertain my financial status. I had to provide more info to judge and claimant by a set date. Which i did. The claimant then wrote to me separately. But can't tell if they sent same letter to court? In that letter they were querying stuff and asking for even more statements - for a year rather than the 3m they and judge had requested in court. I was only asking the judge to return a very small sum of money due to hardship i.e. a few hundred pounds. So I don't think claimant's objections and persistence for more info is about that small sum. I think they fully expected the evidence to have shown links to other sources of income, investment or unexplained expenses etc which they could then go after. Which it didn't. Claimant's lawyers are now threatening full scope of cpr rules to allow them to check 'every aspect of my life' and if I don't comply they'll slap contempt of court on me... The time and effort being invested in this doesn't make sense - for claimant's lawyers, me or court. It will take me weeks to collate all the info. And I just can't be bothered. Do I have to bother? That said, I did briefly reply to their letter. I wanted to appear transparent and willing to a degree i.e. I answered some questions - but, the essence was really 'I complied with judge's order so why waste everyone's time when claimant has a CO on an asset?' My query now is - the claimant took correspondence out of court system (their letter/my reply) so should I send this further communication to the judge? I am waiting on Judge's reply to the further evidence I sent to see if they'll agree to return the frozen money. The Judge hasn't seen the claimant's letter requesting further disclosure or my reply. Should I bring it to their attention? Is the claimant lawyer likely to write to the judge and demand more info

After 30 missed calls, 4 WhatsApp texts, and 6 emails from this junior I checked out Edf complaints process. Turns out it's possible to send an email to the CEO. An apology and payment plan reinstated very quickly!

It's just a general question - is info disclosed in one claim subject to GDPR - as in confidential to claimant, defendant and court ?

My court 1st in person/ statement and 2nd written evidence response to the tpdo claim was that the taken funds are needed for essential living costs. Despite the court agreeing the bulk taken could be returned immediately (£s that weren't mine) the court has still not sent the written authority to the bank to release those funds. The bank needs the Order and the Judge hasn't written it. Despite claiming hardship and stating the other remaining funds are essential for life - a call to the Courts advised it could take 2w+ for judge to write up Order to return the £s - or not. And a call to the bank said it could take 2-4w+ for them to release the funds - due to the time it could take for clerks to process the paperwork. Mad. The Judge had suggested in court I use the funds they'd agreed to return to pay for the n244 app form for hardship to submit the further evidence within 2w. Thankfully Judge waived using the form - or wouldn't have even been able to submit further hardship evidence - due to not enough funds in account. What madness. The judge didn't understand the reimbursement process could take up to 6w. And what a farce - that a defendant stating they are broke and in dire need of the taken funds to survive, then is made to wait for weeks and weeks... As an aside - is it correct to assume that the further evidence submitted to prove hardship - i.e. bank statements and hmrc returns - is strictly confidential to the judge and to the claimant lawyers re that claim? That due to GDPR the lawyers cannot disclose the submitted confidential docs to anyone else/ any other company?

Edf set up a payment plan at £x/month. This was to cover old usage, not current usage. There is no current usage as property been unoccupied/ power turned off during all pandemic. Monthly payment is small but it has been paid without fail every month. Manually on the allocated day, not by direct debit. Edf stopped the payment plan once for no reason. After a complaint it was reestablished and payments have been made ever since every month as normal. Yet Edf cancelled the plan again at Christmas without any reason. Edf sent a letter advising they had stopped the payment plan and that within 8 days someone would turn up at the property to discuss the debt and install a new meter. I was shocked at the speed with being aggressive and suggested direct confrontation. I called as soon as I got their letter. When Edf had set up the 1st plan they had sent sheets advising what day the payment had to be made over the next few years until the amount would be cleared. When they incorrectly cancelled this plan the new plan they set up was bizarrely only for 6 months. I didn't know this. The 6 months ended at xmas. On the call Edf then said if a customer has had 2 cancelled payment plans they aren't able to set up a 3rd payment plan. They wouldn't listen that it was them who had cancelled the plan. I had been paying correctly. I reiterated that a) I needed the payment plan b) it wasn't possible to install a new meter/ pay-as-u-go meter. But the person I was talking to had no authority to set up a plan so we ended the call. A couple weeks later someone from the Edf debt team called. I had a long conversation - reiterated what I'd said in the 1st call. They said I could do direct debit but the amount would be divided by 12 (for 1y) - and that would be unsustainable for me. They were trying to pass my account to debt collection company. I had to cut call short. In the space of a few days I had 12 missed calls from Edf. Followed by an email. I will reply to the email. I just want my payment plan at the original agreed level reinstated. Any ideas on how I "demand" this ?