Mortgagepro direcor renames company - now threats me with court over 'sold' polies

[magic_bloke]

Hi, this is my first time posting here. I have already posted on 'moneysaving expert'.

 

This is what I posted -

 

'In 2013 I took out 3 insurance policies through a broker called Mortgagepro UK Ltd.

I signed a client agreement that stated if I cancelled the policies within 4 years

I would be liable for any lost commission clawed back by the insurance company.

 

In January 2015 I found I could not afford the premiums and cancelled the policies.

I had forgot about the client agreement & heard nothing from Mortgagepro UK Ltd.

 

Last week I received a call from a director of a company called Mortgage & Insurance Professionals.

He claimed I owed his company the money and said he was willing to go to court if I didn't pay.

I have since received 3 texts.

 

 

I then got a letter stating the debt had been sold for £1 to another company called Fast Reclaims.

I noted the director who contacted me had signed as a director of Mortgage & Insurance Professionals AND Fast Reclaims.

 

I wrote to Mortgage & Insurance Professionals asking to provide proof I owed them the money

because they were not the company (Mortgagepro UK Ltd) that I had originally done business with.

 

 

I received a text from the director saying he will prove I owe the money in court.

I don't see how anyone would pay nearly £1,200 on the basis of a telephone conversation & a few texts.

 

This is where the plot thickens and I thank you for sticking with me so far.

 

 

I searched the Company House website.

It showed that Mortgagepro UK Ltd were in liquidation and a new company called Mortgage & Insurance Professionals

had been set up at the same address & the director who contacted me was a director for both companies.

Also, these companies sound very alike, but are not the same.

 

I am really REALLY worried.

 

 

I always pay money I owe, but so far I have not received anything in writing requesting this money.

 

 

I can not afford legal advice & the thought of going to court scares me.

 

I am not going to pay until I receive proof I owe the money,

but this director seems very keen to go to court rather than supply the information I am requesting.

 

What am I to do?

 

 

I am writing this after 1am because I can't sleep because of the worry. I hope someone can help.

 

Thanks in advance.'

 

I have complained to FOS as I recently received a letter from 'Fast Reclaims' stating they were preparing for court action.

 

Mortgagepro UK Ltd were put into liquidation by creditors.

 

 

How can a company I have never done business with demand money?

 

Please ask if you need more information.

 

 

Thanks in advance for any help you can give.

[honeybee13]

Hello and welcome to CAG.

 

I've moved you to the general legal forum which I think is the right place for your query.

 

I see you posted on MSE a week ago - did you not like their advice?

 

My best, HB

[reallymadwoman]

Anyone demanding money is obliged to provide whatever proof is necessary before they start court action.

This should be done via a letter (not a text, though an email might suffice) clearly marked 'letter before action'

stating exactly what you are alleged to owe and why, with proof.

 

 

If they don't do this and start court proceedings,

they will have to produce the proof at some point and are leaving themselves wide open to a claim for costs against them

. I would suggest that if they are so reluctant to provide proof now, it's because they don't have any.

 

I find I worry far less if I'm doing something so

 

1. Write to Fast Reclaims stating the alleged debt is in dispute and you require proof of liability and proof that they are entitled to make the claim.

If you want help wording it, post a draft with no personal details and you'll get help.

 

2. Speak to the Insolvency Service (google for contact details, it may be better to write).

 

 

Without naming names, explain what this person is trying to do.

I have a feeling it's not entirely legal for the director of an insolvent company to claim money that should be paid to creditors.

 

 

However, you may be opening a can of worms here in that they might not realise you are a potential debtor

, so avoid naming the company if you can unless you're happy to pay the creditors of the original company.

[GrumpyToSayTheLeast]

Yrs, if in liquidation, id imagine what the director is doing is very very illegal.

 

You also run the risk that if you pay him, the liquidator may chase you as you would be classed a debtor yo the company in liquidation and the receiver will want to collect.

The fact you paid a 3rd party that has tried to collect wont sit with a liquidator and you may have to pay twice.

I would certainly be contacting the defendant company liquidator and broaching the subject with them on an anonymous call.

[magic_bloke]

Hello and welcome to CAG.

 

I've moved you to the general legal forum which I think is the right place for your query.

 

I see you posted on MSE a week ago - did you not like their advice?

 

My best, HB

 

Thanks for moving my post honeybee........a couple of people tried to help which how I came to complain to FOS. I then received a private message from someone who recommended this site.

[magic_bloke]

I have had a letter from Fast Reclaims saying they are compiling the evidence which they will send me

and are in the process of issuing a court summons.

 

 

Any paperwork they can be produce will be in the liquidated companies name as I have never done business with the new company.

 

 

I am hoping that FOS will contact them as I gave a very detailed report of what has happened.

 

I am not totally sold on contacting the liquidators as it may cause more problems.

 

Thank you for your help.

[dx100uk]

its willy waving

 

 

let him get on with it and try and fleece you.

 

 

he'll fall on his knees in court

if they were stupoid enough to go that far.

 

 

pers I'd be totally ignoring them now totally.

 

 

unless ofcourse he does issue a claimform..

 

 

dx

[magic_bloke]

its willy waving

 

 

let him get on with it and try and fleece you.

 

 

he'll fall on his knees in court

if they were stupoid enough to go that far.

 

 

pers I'd be totally ignoring them now totally.

 

 

unless ofcourse he does issue a claimform..

 

 

dx

 

Thanks for your reply.

 

I really hope you're right.

 

Oh..........'willy waving'? I'm definately going to use that in the future.

[Ethel Street]

When/if you get the "proofs" from Fast Reclaims check who it says they are working for (if anyone).

 

 

It's possible they liquidators of the original company, Mortgagepro UK Ltd,

 

 

have hired Fast Reclaims to collect debts owing to the liquidators,

 

 

although from what you've posted that sounds unlikely.

 

 

I agree that it would be unwise to contact the real liquidators of Mortgagepro UK Ltd

 

 

if it would alert them that they might have a claim against you.

[citizenB]

Thanks for your reply.

 

I really hope you're right.

 

Oh..........'willy waving'? I'm definately going to use that in the future.

 

 

Just not on any court documents, please

[magic_bloke]

When/if you get the "proofs" from Fast Reclaims check who it says they are working for (if anyone).

 

 

It's possible they liquidators of the original company, Mortgagepro UK Ltd,

 

 

have hired Fast Reclaims to collect debts owing to the liquidators,

 

 

although from what you've posted that sounds unlikely.

 

 

I agree that it would be unwise to contact the real liquidators of Mortgagepro UK Ltd

 

 

if it would alert them that they might have a claim against you.

 

The 'Notice of Assignment' letter is on headed paper from 'Mortgage and Insurance Professionals'. The deed shows it is executed & delivered by Online Financial Solutions Ltd Trading as Mortgage & Insurance Professionals. The name of the company receiving the debt is Fast Reclaims Ltd.

 

There is no mention of Mortgagepro UK Ltd, which is the liquidated company I arranged the policies with.

 

I am also wondering if there is a data protection infringement here. I am not a client of Mortgage & Insurance Professionals and yet they appear to hold data on me.

[SabreSheep]

OK im getting confused. correct me if im wrong

 

 

1. Mortgagepro UK Ltd is the original creditor

2. Mortgagepro UK Ltd sold for £1 the debt to Fast Reclaims.

3. Mortgagepro UK is now in liquidation.

 

Im guessing that

 

a. Mortgagepro would need to send you a notice of assignment stating they have sold the debt to Fast Reclaims Ltd

b. Any contract you had would of had a clause allowing them to sell the data to third parties.

c. ONLY the debt owner can take you to court. Now that would be FAST reclaims.

d. They told you how much they sold the debt on for? this is very odd. Almost educational project like

[magic_bloke]

OK im getting confused. correct me if im wrong

 

 

1. Mortgagepro UK Ltd is the original creditor

2. Mortgagepro UK Ltd sold for £1 the debt to Fast Reclaims.

3. Mortgagepro UK is now in liquidation.

 

Im guessing that

 

a. Mortgagepro would need to send you a notice of assignment stating they have sold the debt to Fast Reclaims Ltd

b. Any contract you had would of had a clause allowing them to sell the data to third parties.

c. ONLY the debt owner can take you to court. Now that would be FAST reclaims.

d. They told you how much they sold the debt on for? this is very odd. Almost educational project like

 

It is complictated, but here goes........

 

I took the policies out & signed a client agreement with Mortgagepro UK Ltd. According to company house this company has gone into liquidation. The guy who has been emailing & texting me was a director of this company. The company claiming I owe them money is Mortgage & Insurance Professionals. They have sold the debt onto Fast Reclaims for £1.

 

The guy chasing me for the money is shown as a director for all three companies and they all share the same address.

 

Hope that makes sense.

[SabreSheep]

Wait

So

 

1. Mortgagepro UK Ltd is the original creditor

2. mortgage & Insurance Professionals.sold the debt to Fast Reclaims for £1

3. Mortgagepro UK is now in liquidation.

 

That means there should be notice of assignments for the transfer of the debt to the second comnpany and then Fast Reclaims.

[magic_bloke]

Wait

So

 

1. Mortgagepro UK Ltd is the original creditor

2. mortgage & Insurance Professionals.sold the debt to Fast Reclaims for £1

3. Mortgagepro UK is now in liquidation.

 

That means there should be notice of assignments for the transfer of the debt to the second comnpany and then Fast Reclaims.

 

BINGO!

 

It was Mortgage & Insurance Professionals who originally contacted me claiming they own the debt.

 

 

My fight has been trying to get any information out of them to prove any of this as I have never conducted business with them.

 

 

Their reaction was to sell the debt onto Fast Reclaims who as far as I know is one person passing paper-work over to another person on the next desk

as both companies share the same address.

 

I have just had a reply from FOS saying they have received my case.

[reallymadwoman]

Do you have the original client agreement which you signed? If you do, is there anything about passing your data to another company?

 

If there isn't, then you definitely have grounds for a complaint to the Information Commissioner's Office, and even if there is, that permission was for the original company to pass your data around, not this new one so you probably still have a complaint. I'd think it's worth the effort of completing the complaint form either way.

[magic_bloke]

Do you have the original client agreement which you signed? If you do, is there anything about passing your data to another company?

 

If there isn't, then you definitely have grounds for a complaint to the Information Commissioner's Office, and even if there is, that permission was for the original company to pass your data around, not this new one so you probably still have a complaint. I'd think it's worth the effort of completing the complaint form either way.

 

Unfortunately I do not, but this is what they should be sending me. The agreement will be with Mortgagepro UK Ltd so they will have to prove how the debt got to be the property of Mortgage & Insurance Professionals.

[renegadeimp]

So, no written correspondance at all regarding this? No chance to rectify the issue at all? No following the Courts pre action protocol? This will be a fun one if it ever gets to court> It has the hallmarks of a shady company, especially the liquidation aspect and your 'debt' being sold for £1 to the same owner. As stated above, it could be very very illegal for him to do this, and he knows he could be losing out on a lot of money so is trying to bluff you.

[steampowered]

I would probably either ignore them or write back a short letter telling them to bring it. Small court claims like this are quite common and are nothing to get stressed about.

 

 

If you wanted to you could say in a letter that:

 

 

• 1) They have completely failed to comply with the Protocol on Pre-Action Conduct, which requires the Claimant to provide clear information as to the basis on which the claim is made and to provide a copy of the essential documents which the claimant intends to rely on, and that you require this information and will draw the court's attention to that non-compliance.
  
• 2) No proof whatsoever of money owed has been provided
  
• 3) The Deed of Assignment would appear to be an intentional transaction at an undervalue, in clear breach of criminal provisions in the Insolvency Act 1986 and that you will be writing to the liquidator and the insolvency service accordingly