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Matt63

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  1. Sorry I seem to have missed your reply from earlier in the week. These protocols seem just what my friend was looking for. Am I right in thinking that the mortgage lender has to demonstrate that they have followed the pre-action protocols? Do you have any anecdotal stories about judges get annoyed with lenders that do not comply with the protocols? One of the issues in this case is that a couple of key letters were never received and therefore a dialogue did not start until after the issue of court papers. Thanks again.
  2. Yes the court papers have been received albeit several weeks late as they had been delivered to a neighbour. It appears there is a discrepancy between the land registry address and the postal address. Apparently a letter had been sent in July to the land registry address which had not been received. The solicitors are offering a 'suspended possession order' but my friend is minded to argue the case because she feels she has kept to the arrangement. The downside is that if she loses they might get the full possession order to vacate within 28 days. The other issue is that the date and time of the hearing is very inconvenient for her, requiring an overnight stay in a hotel to be certain of getting there for the 10am start. Is there a document somewhere as to what to expect in court?
  3. Hello everyone, yes my friend has discovered that payments are due on the first day of the month but must be received by the last day of the month otherwise a default is recorded. What my friend has been doing is as follows: as soon as her salary is received from her employer, she sends the agreed amount by cheque in the post to the mortgage company but as to when it arrives depends on the post service, weekends, bank holidays etc. From the statement it clearly shows payments made 4/1, 1/2, 4/3, 3/4, 1/5, 30/5, 1/7, 2/8, 30/8, 1/10, 29/10. So as you can see it is a good regular pattern of payment. She had pointed out that the payments dated 30/5 and 30/8 were "early" payments but what they are saying is that overpayments are gratefully accepted but as she missed the agreed payments in June and September so they are entitled to go for a possession hearing which has been set for 12th December. It all sounds daft to me! Any ideas?
  4. Has anyone any experience of payments being paid early thus leading to a default? My friend is facing repossession proceedings because RBS say she has not stuck to her arrangement. They are saying that she missed payments in June and September. However from the statement it is clear that she did not, she just paid them early and the statement clearly shows payments made on 30th May and 30th August, and thus shows two payments in both May and August, but no payments in June and September. But the arrears are where they are meant to be (in fact she is a little inside as she has genuinely made a few small overpayments from time to time) The mortgage has 13 years to run and the arrears are exactly £2,400, and the agreed payments are the regular payments plus £100 per month, so it should be cleared in two years. Is there any case law in relation to this? Thanks in advance
  5. Hello Jacqueline have there been any further developments? If you have a receipt you have the perfect defense against any bailiffs.
  6. No I didn't. From memory the bank refunded the final payment under their direct debit guarantee based on the paper trail I presented to them but to be honest I was not really too concerned with the past, more that I did not have to pay the remaining four figure sum that they were demanding. I think a key fact was that they admitted they had "lost" the recording of my original call to them in which I told them that the original policy was not going to be renewed. Fortunately my itemised phone bill clearly showed a half hour call to them on the correct date and it was obvious from their own notes that other vehicles were being discussed. Ii just think they took a view that if they had to take me to court they would not win and quietly dropped the matter. The lesson for other forum members is that if you "stick to your guns" you can often get the desired result.
  7. Just to follow up on this thread: I wrote a firm rebuttal of their letter and asked them for three things: a) the transcript of my ex g/f's conversation with them in which they said she renewed the policy, b) a copy of the authority giving them permission to accept my ex g/f's instructions to take out a new policy in my name. c) a copy of the letter sent to my ex g/f in reply to my letter dated 5th August 2011 I never heard back from them. And thus the matter ended, and I never had a call from any debt collectors. An interesting lesson.
  8. Hi, Jacqueline, it truly is a difficult situation. Presumably you signed a finance agreement and have a copy? Did you pay a deposit? Do you have a receipted invoice? Have they sent any letters to you?
  9. Congratulations! I had thought about your case a few days ago, thanks for letting us know.
  10. All the returns have now been processed. The total they now say they owe me is about £3,900. But they have decided they won't pay it until they carry out "security checks" which can take "several weeks". Great!
  11. After six weeks they have finally processed two of my five outstanding returns. Guess what, they owe me about a thousand pounds for each of those years!
  12. Well I have had another letter on the subject. It's three pages long but I shall summarise: i) I cancelled the direct debit that that is not sufficient to cancel the insurance ii) In any case, I phoned them and told them that I wasn't going to renew but they had a technical failure and do not have a recording of that phone call. iii) I then wrote them a letter but they say they didn't receive it. iv) They say my ex g/f renewed the policy. She denies this. She says she asked for the policy to be changed to her address and her bank details. I can see the ambiguity in this. The AA however say they had my authority for her to act on my behalf as a result of a telephone call that they made to my mobile after an accident she had in which I authorised them to speak to her directly regarding the accident. v) As soon as they say they became of aware of the situation (my 4th letter), they cancelled the insurance. But because my ex g/f had had an accident in the meantime, they now say the full year's premium is due. Therefore they conclude "The facts are that a policy was taken out in your name using your bank account, and ultimately you are responsible. In the circumstances I am obliged to ask that our collections unit recommence their usual procedures in these circumstances." Ideas anyone? Thanks in advance.
  13. Thanks for the replies. My friend is British, having lived here until the age of 26. Went to America on holiday, met the guy out there and she moved out there. She is very unwilling to go to the CAB as she had a bad experience there about 10 years ago.
  14. Hi, this is completely outside my field on knowledge, but an old friend of mine has arrived back in the UK from the US, having divorced her husband, with two twin boys aged 3. She has nothing apart from what she brought in her suitcase and a promise from her ex-husband to pay maintenance when he can. She is currently staying with her sister but has asked me to help her out as she can't even buy food for her boys. Now I don't really want to get involved, but she's an old friend of mine and I do want to help in some way. I asked her if she was on benefits and she said no, as she had been overseas, but she couldn't anyway as she is staying with a member of her family? Now I have no knowledge in these matters at all, but can anyone give some sensible advice as to what my friend is eligible for and what she should/could claim? Thanks in advance Matt
  15. Thanks, I have certainly learnt a lot about insurance as result of this. I had never heard of the concept of "insurable interest" and I had never realised that if an insurance company cancels a policy mid-way through the year and a claim has already been paid then they still expect the full-year's premium to be paid. Certainly these concepts do not appear on the Meerkat advert! Indeed it took me a several weeks to realise what might have happened and my first letter to them reflects my confusion but the letter did point out to them that there must have been a mistake somewhere. I was looking back at that letter this weekend and was thinking that i could have written it so much better with the benefit of what I know now. Nevertheless, had they responded to this letter at an early stage I am sure the confusion could have been sorted out and my ex g/f would still be a customer of theirs. An interesting possibility has occurred to me overnight, in that my ex g/f is even less savvy with these sort of matters than I am. Several years ago we went on a shopping trip to London and we took my car. I asked her to get a congestion charge ticket from her local newsagent, and when she came out I realised that she had purchased a ticket for her registration number not mine. She said she had done nothing wrong as the man behind her counter had asked her what her registration number was. I explained to her that the ticket had to be for the car that was going into the congestion zone, she said she had paid the money and it would be OK. We argued about it for the rest of the day and refused to buy another ticket, so I had to! The AA themselves say that she changed the address of the policy and said she said she was going to make payments on her debit card, it's not impossible that my ex g/f might have confused them (and indeed herself) when she phoned up to get the policy in her name. The only way to be sure is to request a transcript of that conversation. Another interesting comment that the AA made was there appeared to be a lack of communication between my ex g/f and myself. Well, yes, obviously, that's what happens in these sort of circumstances!
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