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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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2 Cap1 cards, one defaulted the other with late markers.


Elliot2011
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I'm seeking some advice on how to manage my current debts.

My credit score hasn't been brilliant since making some silly decisions when younger, but I had been making large steps in improving my score and almost cleared the majority of my debts.

 

Unfortunately over the past 6 months my partner has suffered with mental health issues (some of which manifest in a physical way and require her at times to have 24 hour care).

 

Her illnesses cause her to be off work from two weeks up to over a month depending on the severity of the episodes.

 

During these times I've either had to be off work so we have had no income at all for significant periods, or I've had to have family members help and use a much loathed credit card to cover basic bills.

 

The good news is I'm up to date on my rent and council tax.

Electric and gas bills are also up to date, and an affordable plan in place to cover my water bills.

 

I am however concerned about my credit card debit

, it's got to the point where I almost reach a time I can afford to clear the debt almost totally and then my partner gets ill again and I suddenly have no disposable income.

 

I think the credit company have become frustrated (understandably) with lack of payment.

I have tried to explain the situation to them but they don't seem to really read my letters and keep asking for proof that I myself has been ill, which isn't the case.

 

I want to get the debt under control and clear it as soon as possible and I am just looking for advice on how to handle it. Currently showing one in late payment and one about to default.

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I think the starting point is probably to start listing out your debts here.

 

It was the creditor, when was the debt taken out, how much is outstanding, when were last payments made – et cetera

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Without knowing more about all of the debts you have, it is difficult to advise. I guess what you are trying to avoid is defaulting on credit cards, as that might mean increased interest rates making it more difficult, credit record black mark and possible CCJ at some stage. Also the credit cards are your current safety net and if you lose these, then you would be in more difficulty.

 

Your main issue is your partners health and it affecting household income. I wonder whether you qualified for any government help during these period e.g tax credits, carers allowance, universal credit. Did you investigate ?

We could do with some help from you.

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Well done for dealing with your priority debts, rent, ctax, utility bills (less clean water).

 

These are, as you have correctly established, your PRIORITY, and MUST be paid, otherwise things will go from bad to worse.

 

Have you checked your credit file?

 

When did you take this credit card out and WHO is it with?

 

CC's are a NON-priority debt, have you informed them, in writing, that your circumstances have changed?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you've got defaults paying off the debts in bulk won't help

Hope you are not paying any powerless dca's

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A free debt advice group, like Step Wise or CAB may better advise you.

You may need to compile a monthly statement of savings, income & expenditure.

CCs may not be a priority debt but can be used to defer payments if paid off in full by the Statement date, otherwise they are an expensive form of credit.

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Thanks for the replies.

 

Yes I check my credit score weekly using the free Experian service and ClearScore as I have been really trying to improve my financial standing and wanting to correct past mistakes.

 

Both credit cards are with Capitol One.

 

 

One I've managed to keep up the minimum payments on most months but it does show late payments, the other is now defaulting.

 

 

I have tried to explain my change in circumstances to them but it seems as though they don't fully read my letters and keep asking for proof of my own Ill health,

which isn't an issue,

it's the situation created by my partners ill health that's causing financial hardship.

 

I'm not paying any DCA's.

 

Currently unsure what help government wise is available.

 

 

My partner was forced to apply for PIP after being awarded DLA for life, and as many people with mental illness are finding she was denied and is currently appealing.

 

I will try one of the free advice agencies too thank you.

 

 

I thought I'd ask here as the advice received previously when I was dealing with an unruly council was excellent.

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ill pop in later

 

 

bit busy today.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

well in all reality you are going to default on both

so 6yrs bad credit rating sadly whatever you do

 

 

you are quite correct in not sending medical info.

it wont make any diff and its none of their business anyway.

only a judge can demand such info.

 

 

how old are the cards please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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