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Cristal

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Everything posted by Cristal

  1. my god, what a saga!! I so wished I had found your thread earlier. I'm also with DB - they are monsters, threatening to evict at moment's notice (I've had five eviction notices from them and am expecting another any day now). Did you ask them to capitalise the arrears into the mortgage? My situation isn't identical to yours (I have a thread about it) but you've given me hope I might be able to battle DB back. i'd love to get another mortgage elsewhere but, given the current financial situation and my credit rating, I think I'm stuck with them. Well done for taking them on!!! CXX
  2. my god, what a saga!! I so wished I had found your thread earlier. I'm also with DB - they are monsters, threatening to evict at moment's notice (I've had five eviction notices from them and am expecting another any day now). Did you ask them to capitalise the arrears into the mortgage? My situation isn't identical to yours (I have a thread about it) but you've given me hope I might be able to battle DB back. i'd love to get another mortgage elsewhere but, given the current financial situation and my credit rating, I think I'm stuck with them. Well done for taking them on!!! CXX
  3. I am only now just finding fellow DB victims here!! I DETEST them and regret the day i ever got involved with them (I have my own thread). Am wondering how you're doing? Cx
  4. DB are the pits (see my thread for my experience). how are you coping with them?
  5. Just found your thread!! DB are VILE (I have a thread about my experience with them - hideous). I have a SPO on my flat and a HUGE mortgage, they are always trying to evict me. So unbelievably stressful. they refuse to capitalise the arrears into the mortgage. how are you getting on?
  6. Annabelle, have just found your thread - I have one about my ongoing experience with DB. I, too, have a suspended possession order over the property and have received numerous eviction notices from the Court (I always manage to pull something together in the 11th hour). They are threatening an eviction notice again (am about 5 months in arrears) but I don't think i'll be able to come up with the money this time around. When i ask them to capitalise the arrears into the mortgage, they simply tell me 'it's not DB policy'. All hideously stressful ( tho i have to admit my monthly payments are v large, so the arrears are big too). what happened to you? Are you okay? Cristal x
  7. Haha!! I thank the discerning conduit! X
  8. Thanks so much for the clear thinking and the terminology. I intend to get my head around it and compose a killer letter. Don't think I have much to lose!!! Thanks to all for your help.....CXXXX
  9. Ha! Great idea! Will follow upon it and keep you updated. Huge thanks!! CX Quote: That is only if there is NO further acknowledgement of the alleged debt by the Debtor. (...Assuming a properly prescribed Default Notice was actually served on the Debtor of course. ) e.g....Any payment credited to the account re-starts the 6yr *SoL* period in which the alleged debt can be legally recoverable through the courts." QUOTE Thanks for this valuable info......will look into all theses details - enormous thanks!! Cx
  10. Hi Everyone! Thanks for the rapid responses. I think I'll lie low, but continue to look into this somewhat 'gray' area. I am intrigued by Desperate Daniella's reasoning, i.e, without a copy of the agreement, how do I know their calculations are correct? Am assuming the '6 years' of this debt on the CRA started ticking on the day of the Default? Again, huge thanks for your input! CX
  11. Hiya, Not sure if this fits in with this thread.....but not sure where else to go! Have just rec'd a letter from Cabot confirming the original creditor (Goldfish) cannot provide the Agreement and that Cabot is treating the balance as 'unrecoverable'. THEN...'Please note that this decision is not be confused or interpreted as a write-off....as the debt legally remains......we shall continue to report to the CRAs accordingly'. How can Cabot admit the debt is unrecoverable in one breath and then tell me it's within their rights to continue to register negative info on my CRA? Is there any way to contest this? Apologies if I'm on the wrong thread! CX
  12. Hi, just wondering what's happened in the intervening months? am hoping it's good news!! CXX
  13. Sorry not to have posted in ages...am now in a Groundhog Day situation. I DID get a payment holiday (tho they never let me forget what a huge favour they were doing me!) but got into a pickle (erratically paid by employer) and had to fight off an eviction by negotiating w/DB - I paid off half of the 'arrears/payment holiday' and resumed payments. Am now late with 1/6th for the July payment and can't make the August payment (due tomorrow). The intimidating calls and letters began two weeks ago, hugely stressful. It's a real threat because there is a Suspended Possession Order over the property. I've asked repeatedly if DB would capitalise the 'arrears/payment holiday' amount (3 months worth) into the mortgage but they simply say it's not 'their policy'. Well, a payment holiday wasn't, either!! My two year term ended in May, bringing my payments down by a third but they're still huge. In anticipation of another eviction notice being served shortly, can anyone give me any advice? Should I ask again if they'll capitalise the 'arrears/payment holiday' and give me a breather so i can either sell the flat of remortgage (tho give my credit rating/self employed income this option is unlikely). I originally remortgaged with this AWFUL company in order to invest in my company. My intention was to go back to a normal 'mortgager' at the end of the first year but, by then, the global financial landscape had changed! Hoping all of you are well and coping!!! CXX
  14. Nicklea!! Disaster struck today! Today I received THREE Notices of Allocation to the Fast Track and ONE Notice of Hearing. And the Court dates are consecutive days in 3 months' time. The Judge has helpfully added a Note at the end of the Order that are a variation on this one: ‘This case is listed immediately following the cases ----- and ----- and ------ which involve the same Defendant and similar facts and legal issues.’. All the files are reserved to this Judge (which I assume means this Judge will be at at all four hearings?). The last hearing is for the Claim you recently helped me with (Amended Defence and Skeleton Argument). This Judge has set aside the previous Judge's Order and it seems like it's all starting up again. I feel defeated - clearly the Court, and specifically this Judge, has already made up its mind about these Claims. And not in my favour!! Eeek!! Would love some advice as to whether or not to proceed! Huge thanks!! CXXX
  15. As ever, thank you!! Have spent an hour in the forum.....but can't find anyone yet with legal documentation (e.g., discontinuance, withdrawal) or letters from creditors/DCAs confirming lack of agreements...will keep looking but may also just write to Experian and Equifax and request deletion or marking 'settled' any references to credit companies that have been through the court or have written letters confirming no agreement exists. Again, huge thanks!!!
  16. Well, no reply from CL Finance's solicitors! Bet they're still working their way through your argument! I have rec'd an Order on another claim, from the same Judge I was convinced had it out for me. It was for a 5 figure loan that had been passed to Cabot. After a lot of back and forth, including erroneously issuing a CCJ, the Order states that Judgment is 'set aside'. Great! I'd really like to start mopping up my credit files, which I'm sure are a total mess. I've received 2 Notices of Discontinuance for 2 credit cards and 1 'withdrawal' on another credit card through the Court. I also have responses to my CCA requests from various creditors in which they state that an enforceable agreement does not exist and they will not be pursuing me (though they also insist that I am legally obliged to pay back the debt!). I've not been able to find any posts/threads that might help (maybe I'm just looking in the wrong place?). I've found a few that use the 'no default notice served' argument when cleaning up their credit files but that doesn't really apply in my case. Again, apologies that this thread goes off on so many different trajectories!!
  17. Well, the docs have gone whizzing off to the Judge and the solicitors!! A MILLION thanks for all your help........I really can't thank you enough!! Will let you know the response ASA I receive it!! CXXX
  18. Ah....I understand. I assume my (written) amended defence will by submitted to the court? My two previous experiences with CL Finance followed this pattern: they dragged me to Court, after inconclusive hearings asked for an adjournment. Immediately after the hearings in Court, the solicitors tried to intimidate me into a payment arrangement, which I rejected. A week or so later, notices of discontinuance were filed and the matters disappeared. Incidentally, the amounts were MUCH greater than this one. Anyway it would be great if the amended defence scared them off! Huge thanks! CXX
  19. Wow!! Im trying to assimilate all this! What is the difference between a skeleton argument and an amended defence? I THINK I signed this in the store - the Judge asked me as well, but I was unable to say 100% that I did sign it in the store. I'm more like 99% sure. Wondering why this is significant? Enormous thanks for all your help! Cx
  20. I will scan and email it to you - sorry I can't post it for some reason I just can't make it work!! Thanks! CX
  21. Howard Cohen and Co, solicitors for CL Finance sent to me and to the court 'a further copy of the agreement and 2 copies of the terms and conditions showing the top and bottom of the form'. However, some of the lower, right hand side of the doc has been poorly photocopied some (very little) info has been cut off. Anyway, it does not resemble the doc originally presented in Court as the back of the 'Credit Agreement' - that was titled 'Credit Agreement regulated by the Consumer Credit Act 1974' and continued 'By the Agreement made between you the Customer named below.....'. Well, I wasn't 'named below'. Is the fact the are now presenting a totally different doc a significant discrepancy? Is this the moment to write to the Judge about the DN? Many thanks!!!!
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