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Everything posted by rcl

  1. Sorry for the delay. Thanks for your help so far. Yes, defence issued. I chucked everything at it, statue barred, dispute amount, ppi, unlawful penalty charges , I did finally receive info from dlc. - copy of the cca agreement, and statements, which all arrived after I had submitted a defence. Solicitors have since taken some interest off - original claim was for over £10k. They offered to reduce it to £7500. Then sent an additional 'without orejudice' letter saying they would settle for a Tomlinson order for £5500 I'm still disputing the amount, and inclined to proceed with defence. The original loan was only for £5k. About to send another letter refusing to accept their offer of a Tomlin order
  2. ok I thought it might be better to defend based on what information they have, rather than defend based on their inability to provide information, and have it come back again at a later date. Can they do that?
  3. So, shall I submit defence before 15th December, or allow them an additional 2 weeks to give me their paperwork? I've emailed hills den today and reminded them their 14 days is up today (Wednesday).
  4. Last payment was 1st December 2009!!! I don't know why, but he made monthly payments up to and including 1st may 2009, then the next payment was 1st December 2009
  5. He cant be sure when the last payment was, however, he is confidant it was in excess of 6 years ago. He has checked his credit file with Equifax and Experian, and there is nothing on either of those relating to this Im hoping they will send the statements and I can just use the statue barred defence
  6. Hillsden have asked for a ref number relating to the account as they are unable to find any records. I've emailed back saying I don't have one, only the ref number on the court claim The solicitors have written back allowing 28 days to submit defence and advised me to let the court know. They have asked me to confirm what paperwork we do have before they send anything. I will reply saying please just send everything, and I will forward their letter to the court
  7. Thank you I will post an update as soon as I receive anything back
  8. Also - I can confirm I have sent a CCA request to Hillesden and a CPR request to the solicitors via email. I have also acknowledged the claim
  9. Name of the Claimant ? Hills den securities ltd Date of issue – 13th November. What is the claim for – 1.By an agreement between black horse ltd and the defendant on or around 22/05/2008, black horse agreed to loan the defendant monies. The defendant did not pay the instalments as they fell due and the agreement was terminated . The agreement was assigned to the claimant on 19/10/15. 2.The claimant therefore claims 1. £6897.70. Interest pursuant to section 69. Blah blah What is the value of the claim. A shocking £9705.11 plus £410 court fee plus £100 legal costs. TOTAL £10215.11 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? The court forms say may 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Seems to be assigned to hills den securities, but no letter received advising me that the debt had been assigned. Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Husband realised there was PPi on the loan. He applied to get the PPi back, and black horse said no. He ceased making payments because of this. In November 2014, black horse sent him s cheque for £2500 for the PPi on that loan He phoned and asked them to take the cheque amount off the balance due. They said they couldn't as the loan no longer belongs to them. What was the date of your last payment? Unsure on this date, and there are no records on his credit files, which is why he would like copies of the signed coca agreement, and statements. Was there a dispute with the original creditor that remains unresolved? No, but there was initially. Although they sent him a cheque for the PPi, they couldn't tell him how the amount was calculated. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No, the only reason he stopped paying was because of the PPi
  10. HI I am wondering if someone can help me word defence to a CCJ application that my husband has just received from black horse. I have 14 days to acknowledge and then 14 days to defend, but am struggling with the wording I want to defend on the basis that 1. Id like a copy of the CCA agreement 2. I want statements to check the balance 3. The loan is statue barred 4. There is PPI on the loan Can someone help please? Thank you
  11. I've been to court this morning. Kensington solicitor LIED!! She met me in the waiting room, and asked me to adjourn the case, and then I wouldn't need to go in and see the judge. I explained I wanted to go in and ask the judge to dismiss the case as there are no arrears. The solicitor then rang 'Martin' at Kensington, to confirm all the arrears have been paid. He said there was £669 still in arrears on the account. I asked for clarification that this was the January payment which falls due on 1st January, and becomes overdue on 31st January - Yes they are classing this as arrears Then in court the solicitor tells the judge that £669 was due 31st December. I denied that being correct Because of the conflicting information the judge explained that as a compromise, he would adjourn the case for 12 months, with instructions that the case be dismissed/struck out in 12 months if all future payments were made It's not the best result, but it's not the worst either
  12. No, they can't just take your house off you
  13. Thanks for the advice. I've emailed the solicitors to ask them what they expect to gain from the hearing. The way I feel at the moment, I won't be consenting to the adjournment, and will be attending on Tuesday
  14. Lol, I'm tempted! I claimed back the arrears fees a few years ago, but there is at least one been put on since, in October 2014. £50 I don't see the point of adjourning, and don't see I have anything to lose. I'm up to date, and paying more per month than I should be I'd be happy with a 'case dismissed'.
  15. Hi, I'm looking for some advice Approx 4 years ago, we went in to arrears on our mortgage, to the tune of £3000. and have been paying back £50 per month, in addition to our monthly mortgage every month. We also did a lump sum payment of £1500 two years ago, and another payment of £500 18 months ago. Fast forward to July 2014, husband was made redundant, there was £230 left on the arrears, but we then missed another 3 payments of £705 per month. (July, August and September were kissed). Husband then started a new job in November 2014 October 2014 we paid £750 November 2014 we paid all the arrears off. (£705 x 3 plus £230). Finally, no more arrears!! This was done, in full, in to their bank account on 15th November, and an email was sent to kensington advising them of the payment December, payment was made of £750, so now, not only are we up to date with the mortgage, but we are paying £45 per month extra, so we can build up the equity in our home 2 weeks later, we receive a solicitors letter advising us that we were due to attend court for a repo hearing on 6th January 2015. I respond by email to the solicitors and kensington, advising that there are no arrears on the account, I am paying over the monthly mortgage fee. I then also send a letter of complaint, as they have increased my monthly premium to £733 as they state I have no buildings insurance in place, and they have added £50 monthly arrears fee to my account. I also resent them a copy of my buildings insurance, which is backdated I receive an acknowledgement of my complaint, and then last week I receive another letter saying my complaint is still being investigated and they will get back to me soon Today, I receive a solicitors letter saying they have asked for the court date to be adjourned to the first available date in February, but the court require my consent to do this. The letter asks me to either contact the court on Monday and give consent to the adjournment, or attend court on 6th January, or 'an alternative order may be made' I don't understand why they are still taking me to court. I have no arrears, and I am paying over my contractural monthly payment. I'm tempted to attend on 6th January, and stop this fiasco once and for all Your advice would be greatly appreciated , would you attend, or give consent to adjourn? Thanks
  16. I have saved it. Redundancy was a concern I had about the path they might take, but can't now because of the job advert. Thanks for the replies think we will speak to union on Monday and then see what happens
  17. If there was an investigation, at no time was my husband questioned/interviewed or invited to attend an investigation meeting
  18. On site, if anything has been done, or not done according to procedure, then a report known as a critical risk is logged. This could be anything from someone spilling something, and not barrier-ing it off, and getting it cleaned up, to someone who doesn't have security clearance not being escorted (even to go to the toilet), to someone not following procedure, using the wrong tools/equipment. In the instance with my husband and the work order card, no CR was raised, which I presume means there was no risk deemed. Due to their being no CR raised, no investigation, no disciplinary, I personally think they would struggle with the GMC route at this late stage. It's doesn't mean they won't try, but we can prove they haven't followed their own every day procedures, and disciplinary procedures. Yes, he was allowed to work on site for another 3 weeks, before going on garden leave. He was given 3 weeks notice, basically told, as from 13th September, you are not wanted on site. He was them told that a training package would be put together, authorised by site, and once the additional training was done, he would be allowed back on site At the end of October, he was told by head office that they were waiting to the guy who initially threw a wobbler, to authorise the training package that had been out together. As far as we know, they are still waiting for that authorisation. In December, he received a letter thanking him for his hard work this year, and awarding him a pay rise! (This happens every December) At the beginning of January, we saw the same job being advertised on the internet. Husband rang his manager on site, who said that he should receive a phone call in the next couple of weeks, and he would be back on site then. That was 3 weeks ago - still waiting for a phone call. He questioned if he still needed the training package, to be told no, he didn't. I personally didn't think they could go for Gmc, for the reasons given above. I thought they may make him redundant, but this is a multi national company, with hundreds of employees in the same job role as he is, at many sites all over the world. Redundancy procedure would be costly and time consuming I then thought they may simply end his contract and pay him his notice period, saying there was no linger a requirement for his role on site, then if saw it being advertised.
  19. This is the confusion. Could they still sack him for gross misconduct?
  20. Yes, unite. He was reluctant to contact them before now, for fear of being branded a trouble maker, but I think we have left it long enough, and need to call them on Monday
  21. Yes, definitely over 2 years employment. I think they would struggle to dismiss him over it now with no investigation or disciplinary in the 5 months since the event, plus I didn't think it could be classed as gross misconduct as they allowed him to work on site for an additional 3 weeks after the incident. He has a clear record as far as disciplinarians are concerned, and all his personal development reviews have been above target. We spoke to acas, who said he was allowed to be on garden leave for a reasonable amount of time, but couldn't define what reasonable was. It doesn't look like they want him back there if they are advertising the same job I'll ask him if eh has a copy of the learning contract at home
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