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connors

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Everything posted by connors

  1. it was credit card, load, overdraft, which they put into one load, can't remember wat they called it, hsbc were excepting payments, but now passed it on, we have two charging orders on property, with these asking for amount in full i think they too are going for charging order, i am sick with worry, i am at the moment trying to get another job in order to buy out my hubby, would i be allowed to do that do you know?
  2. my hubby has a dmp with payplan and has been making regular payments for 2 years, however hsbc have just contacted us to say that link have now taken over this debt, link have contacted us to state they are requesting the full amount, with a bit thrown on, looks like they are going for charging order on property, any help would be greatly appreciated, debt is 14,466.54
  3. seems to me that once thet apply for charging order they get we had dmp with payplan never missed and judge has allowed charging order on our property all we did was delay it by putting forward advice given, judge told us it just safeguard should we sell and leave country, also this was only my husbands debt so makes no difference if it jointly owned. We were told they have right to turn unsecured debt to secure, we have been assured we will not be made to sell property but this means nothing, as in my exprience they move the goalposts to suit themselves:-x
  4. received some correspondence from payplan not all we asked for mind, gonna get onto that today but there is a letter from february this year requesting re-determination, so looks like they have got it, becoming despondent now, looks inevitable they gonna get it,
  5. they seemed pretty sure this doc did exist, we have requested payplan to send all correspondence from A & L court case back to us so will update you when we receive them, either way it all just seemed like a formality to me that the charging order is going to go ahead, if this re-determination is in existence can they do that? how would i know a manufactured copy? would it be difficult for A & L to obtain one if indeed they do not have one now????? sooo many questions, :?
  6. to me it was just that the solicitor did not have the paperwork for the last court appearance nor did we. but they were both saying that it was a ccj requesting the full amount and that's why it is now broken, it all just seemed formality that the charging order is going to be granted, the judge kept reiterating that this is just insurance for the A & L, solicitor told us anybody has the right to turn a unsecured debt into a secure one where there is property concerned and nobody is planning to make us homeless it's just in case we sell, they get paid out, re-determination does not ring a bell, if you could explain to me what that is, maybe it will, (sorry to sound so stupid).... actually the second court hearing in liverpool (our area ) may have been a re-determinination??????
  7. hi everyone, been to court today, not really sure what happened there, i told the judge that i was of the opinion that a charging order could not be made until a ccj had been broken, the way i understood it as he explained it was we have broken the ccj as it was for full payment, he explained that the first court appearance was for monthly payments and that the second court appearance was to demand in full although we have never had a letter demanding full payment. any way the second court appearance docs, the slimy solicitor did not have, the judge was very condescending and kept on reminding us that the charge did not mean that we had to sell the property it was an insurance for the A & L, i told him we understood that but i was still under the impression that no ccj had been broken, the judge and solicitor had a sort of head and head and decided that the docs had to be produced, any way it ended up that it was adjourned for the A & L to produce the last court appearance letters, we have no correspondence as my husband has sent it off to payplan, we are waiting for them to contact us to request a copy. the slimy solicitor said to us as we were walking out that all we are doing is delaying the charging order at more cost to ourselves, hope someone can understand all this as i can't
  8. ahh thanks was beginning to lose hope there !!!!
  9. how can they do this if a ccj has to be broken first?:-?
  10. hsbc not taking him to court they have accepted payments from pay plan, insurance and charges total about £4,000-£5,000 from these, £2,349 in useless ins making debt £15,000
  11. thanks to all for advice i am going to sort out SAR, and will phone the court later on as i am just on dinner hour (not enough hours in day) will keep you posted thank you all once again for all your advice:p
  12. thanks it does but still dont like the idea of anyone having that hold on my home
  13. this all came to a head whe my husbands car broke down on christmas eve 2 years ago, as he is self employed he had no income coming in so fell behind with payments on loans and credit cards with it being holiday time the car was off the road for about three weeks the hsbc battered us for charges even though he phoned and explained situation they were of no help our joint account ended up around £600 in arrears. i knew nothing of this until they phoned me and told me my mortgage was due and there was no money in account to pay it with the help of family we sorted that account out it was then we contacted payplan over the level of debt he was in and entered the dmp. he has insurances on all his loans which to me are of no use to him as he is self employed (he cant sack himself or make himself redundant). eventually the hsbc rolled his loan and credit cards overdraught into one loan with reduced payments and a cost of course. we applied to remortgage the house as we have quite a lot of equity in it but got refused because of missed payments, so realyy we have had no change in circs
  14. does it matter that the date for the objection was the 8th of May, he is in court on 29th of May which is next week
  15. it is my husbands debt, he is going to attend of course, payplan already advised this, i am not too good with all this court business but he is even worse and never seems to understand what's been going on, i did look up on the forum the sar,you suggested, is it a lengthy process to get the charges off? do they really have to take them off, HSBC have absolutely hammered him for charges and continue to do so, insurances and everything, you name it they've hit him with it should we also be sending them one? thanx for advice so quickly,
  16. hi Patrick, the dmp does include the A & L, they have accepted the payment of around £70 per month and then applied for the charging order, the S.A.R - (Subject Access Request) you talk of, i'm not too sure what that is, he is not disputing the debt, he agrees he owes it, you say the judge will be sympathetic, when my husband went to court he was told that they would grant the application for the charging order but not let it be enforced, it was only after reading the threads that i realised you can object to a charging order do you think it will help if i go to court with my husband and voice my concerns or is it too late, :-?
  17. can anyone give me some advce my husband is in a dmp with payplan it has been running for nearly 12 months and never been missed, however Alliance & Leister have obtained a ccg and now want a charging order put on our property, payplan did tell to expect this so we did but after reading through the forums i see that a charging order should only be put on if the ccj is broken. i immediately got the charging order letter to put in a protest but it had to be returned bt the 8th of May, so i have missed deadline he is due in court on 29th May, am i now too late to stop this, is there anything i can do, any advice greatly accepted, he does have other debtors the judge did say these may object to the charging order, :-?:-?
  18. connors

    connors

    i have received a letter today informing me that the bank are looking into the matters i raised and will contact me with a full response as soon as they have completed their investigations, they have provided me with a reference number to quote if i need to contact them,is it too late to send them a list of revised charges, and which letter should i now send,
  19. connors

    connors

    hi jo, is that worked out for me by the spreadsheet, on my early statements we just have random £27.50 charges, we have then put money in to cover it and there has not been another charge applied in most cases, so i can't understand the charges on charges bit, know i sound stupid, feel it, connors
  20. connors

    connors

    oh i finally get what you mean, sorry, takes a bit of time to sink in, not sure if we've incurred charges on their charges, maybe we did in january of this year, is it worth claiming that? :o Connors
  21. connors

    connors

    hiya, i put all charges on the spreadsheet as you instructed, most of them say they are for 'total charges', am i okay to claim them? is it okay to cut off the end column? do i need to hand deliver or send to the bank, getting all different advice, help!!!! Connors
  22. connors

    connors

    hi, it's now been 14 days and no reply from the bank, i have re-calculated my charges, am i right in sending this letter with my revised charges, LETTER BEFORE ACTION Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxx I am very disappointed that you have failed to respond to my letter of the [XXDATEXX]. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]
  23. connors

    connors

    the reason i took 4.50 off for each charge was because that is what i thought the Trevor McDonald programme advised, so do i now need to add up each charge with interest as above, also i have just been charged another £100, and i'm not even overdrawn, but they kindly informed me this is for being overdrawn on the 13th of February even though they've taken £225 out up until the 16th of February, is it okay to put that on the next letter? A 'Revised schedule' of charges,before i send next letter i will seek advice from you all, also i will scrutinies new users guide, thanx for all your help
  24. connors

    connors

    got our statements on line and the charges added up to £2,228.50, we have requested charges to be paid back for the sum of £2,034.72, does that sound right, we done that by taking off £4.50 for every charge and adding interest of 8%, sent letter today, will let you know what happens next,
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