paratus again

[joedachef]

Hi All
new to site,so please bare with me,3 years ago i lost my house,gave it back to they sold it at a loss,leaving a balance of £87,639
which they ask me for,i told them sorry have not got that sort of money,so 3 years on I've heard nothing,it's on my credit rating but they have not contacted me apart from a couple of letters a few years ago about making payments,as i reach pension age next month i am a bit worried about it,as also tied to the mortgage was Welcome financial services,and there out standing,which is more then i borrowed is £13,691.38p that equals £101,330.38p. now being pestered 3/4 times a day by PRA Group
As the house is sold i presume these debts are now un-secured debts
I just want to clear them out my life,is there a way-the silence of gmac,now know as AMC is scary
So any help available or advice
One forum suggested bankruptcy-cant afford that

[Amethyst]

Re: paratus again

Do you own any property now?

[joedachef]

Re: paratus again

No they were going to take it back but i gave them the keys,it was 3 years ago,they originally was going to give me 3/6 months to sell it,but couple of weeks after saying that they just said they were going to reprocess it,i had it valued at 225k with a selling price of 210k/215k they sold it for about 154k

[Openlaw15]

Re: paratus again

No they were going to take it back but i gave them the keys,it was 3 years ago,they originally was going to give me 3/6 months to sell it,but couple of weeks after saying that they just said they were going to reprocess it,i had it valued at 225k with a selling price of 210k/215k they sold it for about 154k

It sounds like you had equity at the time they sold it. Did they have a court order for possession? However, you say you voluntarily handed the keys over in which they had taken possession? Why did you do this?

[joedachef]

Re: paratus again

It sounds like you had equity at the time they sold it. Did they have a court order for possession? However, you say you voluntarily handed the keys over in which they had taken possession? Why did you do this?

PRIDE,plus my wife was getting upset,they sent a letter stating a repossession date and just phoned and said you can have it,thought it would save some money,they knew that i had got a estate agent with a quote
but they said the arrears were to high and they were going to take possession
So i thought to leave on my terms,I rang about year and a halve ago and told them i got no money to pay them,i was told that they would not writ it off,but i heard nothing from them
As for PRA i just wondering if the 3 letter thing would work as it is no longer secured loan-I paid them for 9 years

It was just hard at the time i had been made redundant-couldn't get work as i was a 62 year old chef

[Openlaw15]

Re: paratus again

PRIDE,plus my wife was getting upset,they sent a letter stating a repossession date and just phoned and said you can have it,thought it would save some money,they knew that i had got a estate agent with a quote
but they said the arrears were to high and they were going to take possession
So i thought to leave on my terms,I rang about year and a halve ago and told them i got no money to pay them,i was told that they would not writ it off,but i heard nothing from them
As for PRA i just wondering if the 3 letter thing would work as it is no longer secured loan-I paid them for 9 years

It was just hard at the time i had been made redundant-couldn't get work as i was a 62 year old chef

It's a shame because you had property rights and could have defended it just by appearing at the local court, where someone would have advised you for free on the day. It's a shame you never posted previously to us. Now you have to go over the finer details, ie did the company have legal authority to do it? Was it a mortgage by deed? If so, based on very controversial case law they have the right to take possession. Nevertheless there are also standard guides where the Council of Mortgages state they will never do this. Are they a member of such a practice. You may also be able to take this to the Financial Services Ombudsman. The Ombudsman will possibly take a dim view of handing over possession. However, they may take your mitigating circumstances into account, ie an elderly couple. It's a shame you never consulted a lawyer before hand.

[joedachef]

Re: paratus again

I have a box full of papers,I had been to court,before and won my case on 3 occasions,but it was one of those high interest rate , 2.5% above the normal one I was paying through the nose for and
It was mis-sold mortgage,but the firm-Black-white mortgages went bankrupt ,I still have there proposal some where.You hand over when all seems lost

[Amethyst]

Re: paratus again

Well if you have no property or assets to speak of now, there is very little for them to do. You don't have £87k, they could make you bankrupt if they thought it would get them any return on the money. They would have done this already. Well Paratus would have before chucking it over to PRA.

As for PRA group - No leave the three letter thing alone. It doesn't work in normal cases and just causes derision to be honest.

You should though write to them about the harrassment - I'll find a letter for you.

Get the hassle stopped then look at what happened and if it should have happened. It all happened 3 years ago? so there's time to look over it all.

[Amethyst]

Re: paratus again

Something along these lines;

Dear Sirs DATE
I am writing to place you on notice that your company is causing me alarm and distress due to the frequency of the telephone calls which I am receiving in relation to Acc: XXXXXXXX
Whenever the telephone rings, I am left feeling anxious and ill at the prospect of speaking again with your company as I have already repeatedly explained that I am unable to pay any/more money per month towards this account.Please be clear that these calls are far beyond a simple irritation or an unwanted interference, they fall clearly within the definition of Harassment.
I have made it clear to your company that I do not have the funds to pay you what you are asking. I have asked for these calls to cease however I have been told by your staff that they will continue to telephone me even though I have made it clear that I do not wish to discuss this matter further via the telephone.
I have received calls from …………………… On the following dates:
1)
2)
3)
(cont’d overleaf if required)
I require you to ensure that the recordings of these calls are secured and protected and above all must not be deleted, erased or tampered with as they will be key evidence in a claim which I am preparing to bring against your company. Destruction of these records may lead to contempt of court proceedings being brought against you.
I require these calls to cease with immediate effect; I will not discuss this matter with your company by telephone. I draw your attention to the Court of Appeal ruling in Roberts v Bank of Scotland PLC (Rev1) [2013] EWCA Civ 882 and in particular paragraph 37 & 38 of the Judgment. The court made it clear that the existence of a debt does not allow a creditor to persist in harassing the debtor.
I require you to confirm by return that you have secured and protected the recordings of the calls detailed above, I also require you to confirm that these calls will cease with immediate effect. Relevant numbers to remove from your system are listed below:
If you persist in telephoning me, I will issue an application for an injunction under The Protection from Harassment Act 1997 and I shall also seek damages for the same on the principles laid down in Roberts v Bank of Scotland [2013].
I trust you will treat this as a matter of extreme urgency.
Yours sincerely XXXXXX
LIST OF NUMBERS NUMBERS AFFECTED:

you can probably expand in there that they are fully aware you do not have £87k to give them and chasing you constantly is of no point.

[Amethyst]

Re: paratus again

Is this the Black- White you were talking about? http://www.mortgagesolutions.co.uk/n...banned-by-fsa/

[joedachef]

Re: paratus again

if it was Birmingham yes-i will try and locate the orignal paper work as i still have it
Its PRA with the 13k debt from Welcome Finance THAT RINGS 2/3 A DAY
Paratus -just silence-its on my credit reference to them

BTW- one of them back back and rent companies offered 170k-Paratus said no not enough yet they sold for 154k

[Amethyst]

Re: paratus again

Okay forget Paratus then, send that letter to PRA about the phone calls.

I might be inclined to have a nosey on land registry see who bought the house off paratus...

When was last time you had any contact with Welcome - were you still paying them up to losing the house?

[joedachef]

Re: paratus again

I went to the CAB, and the guy said go bankrupt-he said i was just paying a massive rent or give it back
He then said dont pay your mortgage or any bills tied to the house save it up, as i would properly have to pay rent up front when i moved-he was right on that score-so we moved back to Devon
That mortgage company I have got the original loan from was 1-2-1 mortgage services -Birmingham guy called Paul Leonard
House was sold by Paratus,