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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Halifax/Ascent - home repossession***Suspended* **


morgan8080
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hi,

very worried as

I had missed a payment early on after getting the possession order

then been paying on time and

 

missed a payment as I had changed my card details and couldn't afford the payment by time I realised it hadn't gone through.

 

Been having non stop calls for past few days

as I am a student nurse I was at work and missed the calls.

 

I called tonight to be told it had gone to litigation that morning and although took new payment details he said he would speak to manager in morning but it would prob go down lines of eviction.

 

Total arrears 7000 and of those the 2000 are under the possession order.

I don't know what to do or try.

 

I want to keep my house and can maintain payments even though its hard

I am not ready to give up.

 

I also have suspended possession order on my first mortgage but its much less and am managing that.

 

The plan is to remortgage in a few years when I can finally get out of arrears and the possession orders and improve our credit rating.

 

 

Please help

 

Please help they are calling me tomorrow

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That's strange! I thought I had posted to reply to this but it seems to be on another thread, unless I'm going ga-ga! Anyway as I said somewhere else, I have large arrears and found Christian Debt Line very helpful. "They'll give it to you straight" as to whether or not you have a defence.

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  • 4 years later...

Hi

been given a reposession date after mounting arrears and not keeping to the suspended possession order given about 5 years ago.

 

I haven't worked since 2011 but am starting work next month so offered Halifax £90 extra a month.

Was told by Halifax a month ago that we could make a payment arrangement but first they needed to get another possession order but not to worry it was cos old one had lapsed.

 

I then swiftly got a possession date through.

I have liased through Ascent and they won't accept it they want the £9000 arrears.

 

I have had medical problems and a break down a few years ago and still on medication.

Halifax have all medical notes .

I didn't just have a bit of depression it was very very bad and on a lot of medication.

 

Any advice as am putting an n244 in.

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I would

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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Might be better to now stop using the phone and tell them you wish a paper trail by letter only from now on

 

Get an SAR running too as I bet you've got £1000's to reclaim in letter arrears etc fees too

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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I have emails in have sent to them are these ok or is headed letters better

 

I am doing a SAR but I need to concentrate on getting the eviction cancelled . She sounded like they would but couldn't say on phone till she discussed with someone else Monday at 8:30.

Does it sound like I have a chance

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Of course you have a very good chance

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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If you can prove you have a job and are able to make payments going forward then I'm sure the judge will give you a chance. When you say you need to get the eviction cancelled do you mean you have received an eviction notice? or is it a possession hearing you have been notified of ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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About 6 years ago I had an eviction hearing as I put in n244 and it went in my favour.

 

I have had a couple of times they gave me an eviction date and it got cancelled as I paid something and offered a payment plan... it's hard to remember.

 

I have had a terrible night and not slept I am so close to taking diazepam for the panic again but I really don't want to.

 

I don't understand why they wouldn't make a decision yesterday after I begged them not to leave me over the weekend as I would be panicking ( I have been hospitalised in past)

 

I feel maybe they are trying to teach me a lesson by leaving things hanging till Monday , it's cruel

 

it's the eviction .. they told me in June that they were gonna apply for a possession order as the previous had lapsed but not to worry and it meant we could set up a payment arrangement.

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Hi, just to be clear - have you received a Warrant for Possession with an eviction date on it ?

Help us to keep on helping

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Yes the date is 2nd October

I put proposal to Halifax they wanted lots of proof of me and are going to decide Monday as they don't know if it's in my best Interest having the mortgage which I found patronising.

 

I send bank statements and they picked through them and said I had spent a lot at JD sports one day etc...

but my spending had reduced since June ??

 

They have made me feel like a complete failure and a liar

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OK, lets wait and see what they say on Monday, then we will know whether you need to enter an N244 to get the eviction stopped. I am away from tomorrow until Wed evening and won't have internet access. I will look in again on Wed to see what needs to be done and can help if you need me to.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If you can show the court you are able to make payments going forward and can prove the new job offer then you have every chance. Judges don't like taking people's homes away when they can see there is a possibility of them reducing the arrears.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Well am in still in limbo as Halifax have called and picked through last 4 months of bank statements every penny...

questioned me for ages and still reviewing account .

 

I cried on phone as I said it's stressing me out and feel being judged and cannot cope with these calls .

 

I asked if I could do it through email she said not .

 

I am expecting another call and am hoping I don't feel so bad on the next one.

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post 6

STOP TALKING ON THE PHONE!!

 

writing only put the phone down!!

 

bet they'd never ask those questions in letter

 

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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no not email either LETTER

if this is what they are saying then you put the phone down on them after stating writing ONLY/

 

it proves what I said

they'll threaten and allsorts over the phone

and do things they are NOT ALLOWED TOO.

if they put it in writing they'd be told off by the regulators

 

if you must talk on the phone

you tell them it is being recorded

bet they'll say you cant do that.

 

 

sorry but you are letting them treat you like a fool.

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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I have an open complaint ...

they have said they can't stop eviction unless I pay £2000 .

I said I cannot afford that.

I can pay £1000

if I pay any more I am jeopardising next months payment and I want to pay on time from Now on.

 

The woman kept hastening me asking what I wasn't happy with and what she had done and why I was complaining and she needed to know .

I am going to speak to someone in complaints and put it in writing to them

 

I was on phone 2 hours to her .. I kept saying I need to go now as I am worn out emotionally with it all but she kept talking and asking me questions. I need copy of this call.

 

Apparently in June I had agreed a payment arrangement ... I don't remember this ?

I was told to wait for an extension of possession order

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that is totally out of order

well done

now you stay off that phone

 

 

I know this sounds silly but

it IS Halifax you are talking too?

whats the number they use we'll look it up

 

 

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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