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sparky686

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  1. yes there were some solicitors letters dated after I left, still not opened them as proof I guess that they were never seen, also ferry tickets will prove that I was not around! Thanks CitizenB.
  2. Hi, My home has recently been taken off of me by acenden while I was out of the country for 7 weeks. unfortunately, unknown to me (because I never check my bank, and in the past 8 months I've hardly been in the country to open post) payments had not been made, whenever home i'd not seen any alarming looking post, ie from solicitors (I've had these letters before so would clock that straight away) so presumed everything was fine! and then i got a phone call from a friend who works with a lodger of mine, telling me he'd been woken up to locks being drilled and then told to get his stuff and leave within 30mins! after the initial shock, I got hold of the company now managing the property, who told me that it would be sold at market value etc, and i would receive any equity, as I was due to sell upon my return anyway, at this point I figured to let it go peacefully and hope for a fast sell! Now the property is on the market, I'm thinking that I'm being screwed a bit, the amount is almost identical to the amount outstanding, and is less than 2 other properties in the same post code that both have 1 less bathroom and bedroom! where do I stand with this? the fact that I'd never received the letters for court as i was abroad didn't give me the chance to defend myself in court, at which point I would have been able to clear my arrears, surely for eviction (I know this to be true with tenants) there must be proof that the receiver has received such a letter! there are many other issues here, fees and charges for one, PPI miss sold, and the mortgage itself was a self cert and the company who'd arranged it (warrick finance) told me I had to tweak my income by 5k to get the self cert mortgage, which at the time was to stop a repossession order, at a time of panic, they offered a way out, but into a mortgage that has since been in trouble, as I could never afford ot to start with.............. surely this is irresponsible lending! I am now currently under a high level of stress due to the prospect of the debt from fees this is going to leave me in, and wonder where, if anywhere I stand to take action I will first be sending a SAR to acenden, warrick finance no longer trade, so I'm not sure how to get info from them, I hope somebody can help, thankyou!
  3. Hi, My home has recently been taken off of me by acenden while I was out of the country for 7 weeks. unfortunately, unknown to me (because I never check my bank, and in the past 8 months I've hardly been in the country to open post) payments had not been made, whenever home i'd not seen any alarming looking post, ie from solicitors (I've had these letters before so would clock that straight away) so presumed everything was fine! and then i got a phone call from a friend who works with a lodger of mine, telling me he'd been woken up to locks being drilled and then told to get his stuff and leave within 30mins! after the initial shock, I got hold of the company now managing the property, who told me that it would be sold at market value etc, and i would receive any equity, as I was due to sell upon my return anyway, at this point I figured to let it go peacefully and hope for a fast sell! Now the property is on the market, I'm thinking that I'm being screwed a bit, the amount is almost identical to the amount outstanding, and is less than 2 other properties in the same post code that both have 1 less bathroom and bedroom! where do I stand with this? the fact that I'd never received the letters for court as i was abroad didn't give me the chance to defend myself in court, at which point I would have been able to clear my arrears, surely for eviction (I know this to be true with tenants) there must be proof that the receiver has received such a letter! there are many other issues here, fees and charges for one, ppi miss sold, and the mortgage itself was a self cert and the company who'd arranged it (warrick finance) told me I had to tweak my income by 5k to get the self cert mortgage, which at the time was to stop a repossession order, at a time of panic, they offered a way out, but into a mortgage that has since been in trouble, as I could never afford ot to start with.............. surely this is irresponsible lending! I am now currently under a high level of stress due to the prospect of the debt from fees this is going to leave me in, and wonder where, if anywhere I stand to take action I will first be sending a sar to acenden, warrick finance no longer trade, so I'm not sure how to get info from them, I hope somebody can help, thankyou!
  4. Hi, not really sure which forum this would belong in so hoping that somebody can move it for me once posted. basically my problem is this, last year I joined up to one of the many local golf clubs, paying for this by way of monthly direct debit (april 2011 - april 2012) this was fine, but come the start of a new year, I decided that i wouldn't continue as I didnt want to be tied to one club, and to be fair, I'm not currently playing enough to warrant paying £60/month. This month, my mortgage bounced, and as I was sure i had funds in there, i checked my account, only to discover that the club were still taking for membership. I called them earlier today, and it turns out that in their t&c (which I signed but as is so often the case, didn't read) they automatically renew the membership, unless i tell them not to, they have agreed to cancel the agreement, but refuse to refund money which in my opinion, they have conned me out of! can they do this, as I feel this to be completely wrong, and if I were to take this further, would the t&c stand up in court, as in my opinion, I don't think that the small print is read by most people (unless it's just me ) Would appreciate any help on this one, cheers, S.
  5. Hi Pt, just read ur response, and have already spoken to the solicitors today and made arrangements to pay the outstanding debt with them over the next few days (to be fair would rather pay them before they think about extending the writ again), this has now also gone down to £199.07, so happy days all round I cannot thank you enough for your help and advice on this case and to all who run this site helping myself and others like me, rest assured, a donation is on its way from myself in the next few days! Have repied to mr W as there are still unanswered questions, have also asked for a refund, I have no intention in letting the preasure off of them now, even if they do no longer have the right to persue me, if I can take any action against them, I will, and am wondering who the regulatory body would be to log a complaint with, and is it worth speaking to hmrc about the vat thing? So now to wait for the sar request, have pointed out that refusal will result in a court order being sought! will update when I hear back from them! Many many thanks again for all your help so far!
  6. Just had a reply from andrew wilson, this is as follows;- Dear Mr XXX, I have now found that our instructions have been withdrawn on this case, as the writ against you had expired. I am not aware of what further action the Claimant may now wish to take. I am happy to answer any further questions you may have. A Subject Access Request is unnecessary, as we hold very little personal information about you--we are not a public authority under the Freedom of Information Act and so will not simply let you have a copy of your file on this case, most of which is protected by legal privilege in any event. I am not sure that I understand your VAT point--VAT is payable on all enforcement fees currently at 20%. We charge and account for this tax but are unable to provide you or any business debtor with a VAT Invoice to reclaim it, on the grounds that the VAT Policy Directorate decided in 2000 that this would be contrary to public policy. Our fees are based on a scale under the High Court Enforcement Officers Regulations 2004 (Schedule 3) which you can access at Andrew Wilson so, obviously I need not worry about these people anymore and need to once again speek to the original solicitor, but I'm wondering now if I have grounds to a refund from them as they are no longer instructed to chase this debt coupled with the fact they they had tried to caim for charges that the director (Mr Wilson) has admited were wrong? I'm hoping that they are now going to need to worrie about me, but obviously need to know what, if any, grounds I have hear for refund and complaint against them! Also, is his comment about the pointlessness of a subject access request correct? This will be on they're doorstep already i should imagine, but will have to check it has been recieved.
  7. Stillwaiting for a response from them now, seems as though they don't want to talk at the moment, have been calling them to get a response, apparently mr wilson is dealing with it now, but he never seems to be in the office!
  8. Right, have tken some advice now and have sent another email back to andrew wilson concerning the vat charges that seem to be all at 20% despite only 1 of them being on, or after the 4th of jan when the rate changed! also they still have a fee on there for removal of goods that has never happened. I will chase this up with them today (kind of ironic that recently they've been getting calls FROM me) As soon as I hear anything I will update on here.
  9. Right, I hope this works, I've had to put in some spaces so that it doesn't look like a link in order to post it!
  10. The forum won't let me post links without having 20 previous posts, so please ignore the next 15 posts, then i'll get it up here!
  11. Hi Ploddertom, I hope you can zoom in and read this, for some reason it has scanned and come through as a thumbnail, will try to see if I can get it on in a readable size for you!
  12. Hi Ploddertom, fees are as follows; percentage fee £35.88 mileage fee £41.85 enforcements under fee £323.13 disbursements under fee £109.32 vat £102.03 these are the fees they are still claiming for, if it helps i can scan in the copy of my statement as amended, which will show andrew wilsons adjustments. And yes, I did try to deal with the solicitor directly, but was informed that as i had broken an arrangement with them that had brought it back away from these hceo types in the first place, it could not be retrieved a second time! I have also spoken to them about my questions with AW's fees and explained my intentions to pay as soon as the actual amount has been resolved! they were, not so long ago, about to try and push for bankruptcy, so it has been good to keep them in the loop, thus avoiding this action while the claim is being investigated! Cheers, Sparky
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