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mkandy

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  1. Spiteful, and a bit...dense I think. She still thinks there is money locked away in the property and can't comprehend that negative equity means it's not worth anything (in terms of profit) to her. Essentially they just want to milk my brother dry. I've told him to go to Citizen's advice in the first instance and write a letter to Capstone afterwards.
  2. No he's not in arrears and never has been which is good, I do believe their lender is Sub-prime, it's Capstone Mortgages, they couldn't get a mortgage due to her poor credit rating. The other side's family are now instructing her to demand a 5k pay out before she takes her name off the mortgage which I feel is extortion considering she doesn't even earn 5k a year!
  3. Need some advice for my brother. He's in a mortgage with his now ex-girlfriend, he is the principle earner in the relationship and has a clause that if anyone was the leave the mortgage it would have to be her. Anyway, things have got rather sour, she will only leave the mortgage if he buys her out, i.e releases equity on the house. The house was bought for 150k at the beginning of 2008, it's a 50% shared ownership house, making it a 75k mortgage. The house is now valued at around 130k. Obviously if they were to sell up they would be in negative equity and would make a loss. My brother however is quite happy to take on the house himself and not sell up. The main spanner in the works is his ex has a kid from a previous relationship and wants to lose the house so her and the kid get rehoused by the DSS. Is there anything my brother can do here, since the inception of the mortgage he is the only one who has been paying anything towards it, but i'm guessing because both names are on the mortgage, that's all that matters.
  4. Nothing back from the ICO yet unfortunately. I did mention default removal, but rather stupidly did not back it up with a statute. I merely said i wanted the unsubstantiated default removed.
  5. All charges have been refunded on the account, so that matter is largely settled. My problem is the default only now. Is it worth entering into further litigation with Citi just to get this removed? I received default judgement against them last time, so didn't prove either way if charges were unlawful.
  6. Still no response from the ICO on this one, how about you Enron? I'm thinking of stepping up my attack as this default is actually causing me financial hardship with mortgages/loans that sort of stuff.
  7. Judging by some of the problems people are facing in this forum, my own problems may well be seen as tiny in comparison, but I'm willing to bet a lot of people are in a similar situation to me. Re-wind 5 years, I was working for the RBoS, unfortunately not with the kind of pension Mr Goodwin is on, far from it, I was earning 10k a year!Struggling to make ends meet I got involved with credit cards and loans, then the usual thing happened, bills piled up, debts grew larger, and I started ignoring them through shame. Things picked up a year or so later, new job, more money and set about paying off bills, pretty much an entire year of doing nothing in life but paying debts. Last year, thanks to this place I hit back at most of these companies, got all my money back and defaults removed. Except one. Citicards, who point blank refuse to remove the default but have refunded me all the money. I managed to get my first credit card in 5 years just after Christmas and have been using it to buy everything I normally buy, fuel, food, and other necessities. I pay it back in full every month, and plan to do so for a long time as it should help fix my credit history, or so I thought. I'm still ineligible for a small (£50) or so overdraft on my bank account which has a decent salary in every month, not to mention a savings account with a big sum of money in. Nor it seems can I get a mortgage because of this default, or even be able to lease a car. I have one default, almost completely comprised of unlawful charges, that represents me missing payments at a time that I was earning less than 2/3's of what I am now. Citicards as i say refuse to remove it, the ICO are likely to take 6 months to respond to a complaint i raised about it, and it makes me angry. I want to say 'b******s to credit history', but the reality is, without a clean history, especially in the recession we're in, your name is as good as dirt.
  8. Bloody hell it just doesn't get any better for you does is mate! Just reading through your post i see you're thinking of having a closing down sale, or maybe retaining ownership and opening up at weekends only. My only comments on that subject would be, is it going to cost you more to sell up now, or to keep the shop open? If it's cheaper to close up, and you've got other employment options lined up, personally i'd go with that. You could have the potential to work overtime at the new place, and therefore gain guaranteed finances, rather than hoping you get takings at the shop. Just think though, the shop might not have been successful so far, and it might be painful to close up, but, once you've stabilised your finances, and your life is back on track, there's no reason why you can't try it again in the future. Andy
  9. Unfortunately I do not think i can take the CCA route, my account is now closed, and was closed at the time of my initial litigation with Citi. I do have a question though, if judgement was awarded in my favour, all be it in default. Does that mean that because Citi have failed to defend, their charges must have been unlawful?
  10. Hopefully something, i've got something which may come a cropper for Citi..!
  11. Purpleperson, your story is really heart breaking and puts a lot of things in perspective, i'm sure not just for me, but for everyone reading this. You've already got a lot of good advice from people, I myself found myself in a situation where I had more money going out in debts than I did coming in, but thanks almost entirely to the good people on this site, I have claimed ALL of my charges back and almost entirely cleaned my credit history, so every cloud does have a silver lining, believe me. I would definitely start on the case of reclaiming as much of the charges as you can, it's a lengthy process admittedly, but you'll get a lot of capital back in the long run and more importantly, you may even be able to stop any further late payments and such being applied to your accounts, which may help. One question though, which may seem a bit bleak in all honesty. Your shop, obviously it means a lot to you, but could you not close it briefly, and find some other temporary work just to get some money in? Like everyone has said, look after number one first, if that means closing up for a little while to get yourself sorted, that could be the answer. If you're not bringing in enough income to cover your costs, you need to think logically. What kind of a shop is it by the way? If it's a sweet shop, i'll be right there!
  12. What impact would there be if the account was now closed?
  13. Good idea that. Citi literally have nothing to substantiate the default, no CCA, no proof a default notice was ever sent out (all manual intervention has been 'purged'). All of this coupled with the fact they had judgement against them for unlawful charges which make up the amount of the default make it hard for them to defend really.
  14. Not much of an update, as i've been busy with work and Christmas, but the fun and games continue. S.10 Notice served to Citi around 2 months ago, no response obviously. Sent signed for though, so i have proof it was received. Contacted Experian to complain about the unsubstantiated default Citi are recording against my credit file, no response well after 28 days from Experian. What's the best course of action to take to speed up proceedings?
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