Relative victim of fraud/investment scam/Bank acted irresponsibly

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

This is particularly unorthodox way of doing it and is solely to keep the claim unjudgmented while we get everything sorted out, so don't submit this and then just wait to hear back, we've got a fair bit of work to do between us, your Uncle, CAB and Trading Standards.

Once we've got everything we can apply to amend defence etc if necessary.

I think your Dad mentioned on the phone that your Uncle thought he'd had a payout from an insurance policy he had a number of.... on one of those insurances he might have a legal services insurance - so worth having a look through any of that paperwork, just in case it's needed.

We'll send off a CCA request for copies of the loan documentation from Lloyds and statements, get CAB to give you copies of what they have done to date on the case, and ask the court for copies of the original claim form etc (that'll cost £10 I think) and of course talk to TS regarding the scams.

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

This is particularly unorthodox way of doing it and is solely to keep the claim unjudgmented while we get everything sorted out, so don't submit this and then just wait to hear back, we've got a fair bit of work to do between us, your Uncle, CAB and Trading Standards.

Once we've got everything we can apply to amend defence etc if necessary.

I think your Dad mentioned on the phone that your Uncle thought he'd had a payout from an insurance policy he had a number of.... on one of those insurances he might have a legal services insurance - so worth having a look through any of that paperwork, just in case it's needed.

We'll send off a CCA request for copies of the loan documentation from Lloyds and statements, get CAB to give you copies of what they have done to date on the case, and ask the court for copies of the original claim form etc (that'll cost £10 I think) and of course talk to TS regarding the scams.

Hello Ames

Sorry for the large gaps between my responses - just wanted to talk things over with my dad - he has now returned from his shift at work.

I have now electronically filled out the N180 form as advised above, I will print it and ensure my uncle signs it on Saturday - this is when we can next get up there.

Thanks, as ever for all of your continued brilliance!

[Tools]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Hi SB

Good to see you're on top of the N180, thank you Ame.

When you go see your Uncle on Saturday try and get as much paperwork as possible, take time to sit down with him and get as much background info as possible, it will all help. Specifically any court paperwork or Loan paperwork if you can.

When I spoke to your Dad earlier I did go through things with him and asked if he would come on the forum also. Register him as "SpringBreaksDad" or something, would be helpful to keep you both up to speed.

I spoke at length with my contact at Trading Standards earlier who has taken down a brief overview and is keen to try and help if they can. The scam company is on their radar already and he is looking into the state of play with the FCA investigation. I explained we are trying to stay any court action first as a priority, if we can avoid your Uncle having to release any equity from his home even better.

Will keep you informed of any updates and likewise if you could also do the same.

If you hear anything else from the guy who contacted you over the phone let me know asap, any time of day, your Dad has my number, happy for either of you to call.

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Okay if you're seeing your Uncle Saturday I'll sort out a couple other letters he will need to sign too tomorrow so you can take those with you as well

Oh and Happy Birthday to your Dad, I hope stressing about this hasn't taken up his entire day.

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Just been reading the Homeloan Express info - urghhhh. Never rains.

How did your Uncle get in contact with CAB and did he go to a meeting with them? Which CAB was it ? Could you give me the CAB email address you are receiving emails from ? Could you possibly forward those emails to me (admin@legalbeagles.info )

From this ( particularly - (or go for equity release) - with regards to the call from HomeLoan Express)

I've seen an e-mail from the CAB to my dad - there is no mention of this in the defence. We did take a lot of time persuading him to go to the CAB, so I presume they thought he was mentally capable, but it take a lot of persuasion on my dads part to get to that point.

I think that although the CAB are of course assisting, they haven't got a clear enough view of the situation to take that approach.

The e-mail we've received is to the effect that they've heard from the solicitors (I don't know who they are) dealing with this case, haven't been informed of a date for the hearing, but they think "it could be a couple of months away at least"

The next part is almost directly quoted:

If he decides to sell (or go for equity release) and raise enough money to pay off the debt before the hearing, then this will close the matter. On the other hand if there is a delay in raising the funds they will seek a deferment of the case.

No mention of irresponsible lending! Bit of a surprise.

My dad is just e-mailing the CAB now to get a picture of what defence is being entered (if any - it would seem like it's been referred to a third-party solicitor of some sort)

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

This is particularly unorthodox way of doing it and is solely to keep the claim unjudgmented while we get everything sorted out, so don't submit this and then just wait to hear back, we've got a fair bit of work to do between us, your Uncle, CAB and Trading Standards.

Once we've got everything we can apply to amend defence etc if necessary.

I think your Dad mentioned on the phone that your Uncle thought he'd had a payout from an insurance policy he had a number of.... on one of those insurances he might have a legal services insurance - so worth having a look through any of that paperwork, just in case it's needed.

We'll send off a CCA request for copies of the loan documentation from Lloyds and statements, get CAB to give you copies of what they have done to date on the case, and ask the court for copies of the original claim form etc (that'll cost £10 I think) and of course talk to TS regarding the scams.

Okay so I'll make notes on the above - I'll look to find any paperwork relating to insurance policies my uncle has, as well as any copies of loan agreements or anything indicating credit - he does have a file with his paperwork - I'm hoping he'll agree for me to take this to look through -I don't foresee any problems in him agreeing to this.

Okay if you're seeing your Uncle Saturday I'll sort out a couple other letters he will need to sign too tomorrow so you can take those with you as well

Oh and Happy Birthday to your Dad, I hope stressing about this hasn't taken up his entire day.

Again - cannot thank you enough.

Hi SB

Good to see you're on top of the N180, thank you Ame.

When you go see your Uncle on Saturday try and get as much paperwork as possible, take time to sit down with him and get as much background info as possible, it will all help. Specifically any court paperwork or Loan paperwork if you can.

When I spoke to your Dad earlier I did go through things with him and asked if he would come on the forum also. Register him as "SpringBreaksDad" or something, would be helpful to keep you both up to speed.

I spoke at length with my contact at Trading Standards earlier who has taken down a brief overview and is keen to try and help if they can. The scam company is on their radar already and he is looking into the state of play with the FCA investigation. I explained we are trying to stay any court action first as a priority, if we can avoid your Uncle having to release any equity from his home even better.

Will keep you informed of any updates and likewise if you could also do the same.

If you hear anything else from the guy who contacted you over the phone let me know asap, any time of day, your Dad has my number, happy for either of you to call.

My dad has said he finds it a bit 'intimidating' the idea of using a forum (more the technical side of things I think!)

However I am happy to sit and have him dictate or relay answers via the forum.

Absolutely brilliant Julian thank you for doing this - given that this time two or three months ago we were under the impression the money was written off it's great to hear there may be some hope of, at the very least providing information that may prevent this happening to others and who knows what else

We haven't heard anything yet - I believe my dad might has been successful in warding him off by simply explaining the well had 'run dry' - however brilliant to know and again thank you for being so dedicated to this.

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Just been reading the Homeloan Express info - urghhhh. Never rains.

How did your Uncle get in contact with CAB and did he go to a meeting with them? Which CAB was it ? Could you give me the CAB email address you are receiving emails from ? Could you possibly forward those emails to me (admin@legalbeagles.info )

From this ( particularly - (or go for equity release) - with regards to the call from HomeLoan Express)

My uncle went into the local CAB office (it took a while for my dad to persuade him to do this)

And he has had meetings with the CAB specifically concerning the bank - he has also been in to talk about the fraud however we're under the impression that they felt there was little that could be done.

Three weeks ago my dad went along to a meeting with the CAB and has had one e-mail from them concerning this, and he replied however is yet to receive a response - I'll send that over on my dads behalf now

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

The CCA letter needs to go to Lloyds - it needs a £1 postal order with it - letter is http://www.legalbeagles.info/forums/...y-of-Agreement you just want the simple one, it is to obtain a copy of the agreement your uncle signed, the letter will need to come from your uncle - so try ensure he keeps all his mail for you. As it is recentish loan there shouldn't be any issue getting the agreement, we need to see what he signed and the surrounding terms.

[Tools]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Okay so I'll make notes on the above - I'll look to find any paperwork relating to insurance policies my uncle has, as well as any copies of loan agreements or anything indicating credit - he does have a file with his paperwork - I'm hoping he'll agree for me to take this to look through -I don't foresee any problems in him agreeing to this.



Again - cannot thank you enough.




My dad has said he finds it a bit 'intimidating' the idea of using a forum (more the technical side of things I think!)

However I am happy to sit and have him dictate or relay answers via the forum.

Absolutely brilliant Julian thank you for doing this - given that this time two or three months ago we were under the impression the money was written off it's great to hear there may be some hope of, at the very least providing information that may prevent this happening to others and who knows what else

We haven't heard anything yet - I believe my dad might has been successful in warding him off by simply explaining the well had 'run dry' - however brilliant to know and again thank you for being so dedicated to this.

No problem at all, I just hope we can help you and your family, I/we feel very strongly about vulnerable people being taken advantage of and I will do all that I can to help or put you onto the right people who can.

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Now I would also like to get a Subject access request in to Lloyds, this means any information they hold on your uncle should be sent out to him... screen notes of telephone calls, transaction lists, agreements, details of all products held etc .... this costs a tenner but in this case it will be well worth the investment.... http://www.legalbeagles.info/forums/...Protection-Act- again just the simple version is fine.

Basically if there was any knowledge of your uncles difficulties or any suspicions raised about the sudden large transactions going abroad it should shpw in the files, and that would be very useful.

[Tools]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

The CCA letter needs to go to Lloyds - it needs a £1 postal order with it - letter is http://www.legalbeagles.info/forums/...y-of-Agreement you just want the simple one, it is to obtain a copy of the agreement your uncle signed, the letter will need to come from your uncle - so try ensure he keeps all his mail for you. As it is recentish loan there shouldn't be any issue getting the agreement, we need to see what he signed and the surrounding terms.

Also try to establish with your Uncle what purpose he gave Lloyds for the loan.

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Also try to establish with your Uncle what purpose he gave Lloyds for the loan.

Brilliant guys - thanks once again - I have filled in the blanks for the letters and will again make notes and speak with my uncle tomorrow.

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Okay - so having visited my uncle yesterday I feel as though I have less idea of what is happening than I did when I began!

I found out some more interesting things about the payments - he didn't go into the bank to make payments, he faxed over all the necessary info to someone else - presumably they then went into the bank/or used online banking to make the payments to these obscure overseas accounts - but he is firm in that someone else made the payments for him.


Again, from what I could tell my uncle has not been into the bank to agree the loans - but it is extremely difficult to get a clear picture of what has occurred.

We have three loan agreements on three different loan accounts - I believe I mentioned this in my first post - it would seem all three loans have been agreed as there are three loan account numbers - my uncle said he did go into the bank to agree these loans.

I had him sign the paperwork (N180) & CCA/SAR letters too.

The CAB have e-mailed my dad to advise that the bank are indeed chasing for over £10,000 - advising his situation 'looks pretty horrendous' and is beyond what they can advise. I can forward the e-mails if necessary - but between us, the CAB and the bank it's pretty impossible to work out what is going on.

Would our next steps still be to send the N180 to the courts, the CCA together with £1 postal order & SAR request to the bank just to buy more time?

I have brought back what paperwork he has - some of it is a previous SAR request on his mortgage accounts - presumably arranged via the CAB.

There are copies of his mortgage agreement, all the screen notes on his mortgage accounts, arrears history and various other bits - but other than three bits of paper indicating loans have been taken out no mention of any loans.

There is also no information on any insurance policies except that he had a life insurance policy attached to his mortgage in '87 - I believe the term may have come to an end.

I explained to my uncle that the letters he had signed would mean that he will be receiving some stuff from the bank and to contact us if he received anything by post or anyone who is calling him.

Hope you have caught the best of this lovely weather!

Please feel free to ask any questions on the above or anything else.

I have just forwarded the further e-mails between CAB & my dad. What do you feel is the best way forward?

[Tools]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Again, from what I could tell my uncle has not been into the bank to agree the loans - but it is extremely difficult to get a clear picture of what has occurred.

We have three loan agreements on three different loan accounts - I believe I mentioned this in my first post - it would seem all three loans have been agreed as there are three loan account numbers - my uncle said he did go into the bank to agree these loans.

The plot thickens as they say, can you just clear up if he did or didn't go into the bank for the loans.

Would our next steps still be to send the N180 to the courts, the CCA together with £1 postal order & SAR request to the bank just to buy more time?

Yes definitely send those off ASAP, as Ame has mentioned make sure it is the N180 not the N181 ,you also need to contact the court and ask for a copy of the claim form and any other paperwork issued.

I have brought back what paperwork he has - some of it is a previous SAR request on his mortgage accounts - presumably arranged via the CAB.

You need to clarify this with them ASAP, if they didn't then who did and why?

Did you manage to arrange for your Dad to be able to speak to Lloyds on your Uncles behalf?

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

The plot thickens as they say, can you just clear up if he did or didn't go into the bank for the loans.



Yes definitely send those off ASAP, as Ame has mentioned make sure it is the N180 not the N181 ,you also need to contact the court and ask for a copy of the claim form and any other paperwork issued.



You need to clarify this with them ASAP, if they didn't then who did and why?

Did you manage to arrange for your Dad to be able to speak to Lloyds on your Uncles behalf?

Sorry just re-read what I had written I meant to say 'didn't' go into the bank - sorry for the confusion.

I have just phoned my uncle to make absolutely sure he hasn't been in to the bank to arrange a loan, or arranged a loan over the phone and he said he hasn't done this - it's possible someone else may have done this having gleamed all the necessary info over the phone (I've seen more paperwork now that includes his driving license number and who knows what information he has given up over the phone)

My dad has said he will contact the court tomorrow to get the claim form and any other paperwork - I've written him some notes on what to ask for.

I am just responding to the CAB's email on my dads behalf - I think it would be a good opportunity to ask them to send over any information they have on his situation - can I keep the request for info pretty vague in the hope they send over everything they have or will I need to be more specific? To be honest I'm not totally sure what to ask for

Unfortunately we haven't arranged to speak with the bank on his behalf - I will press the issue with my dad - it's all very overwhelming for him and I think it's too raw for him to face - I am more prepared to deal with the practical part I think just as I am a step removed I suppose.

Thanks again for your speedy response - again please feel free to ask me to clarify any of the above or anything else you need to know.

Thanks

SB