Hi, thank you for your reply, hopefully someone will come along with some advice for her regarding her mortgage arrears payments and how to proceed, thanks

Hi again, lots of people viewing this but no advice as yet, for the mortgage arrears, advice. Would appreciate comments, thanks

My friend is having mortgage repayment arrears problems as follows; she has a mortgage of 109k owing to Capstone, she has 31/2 k arrears and is paying an extra 100 pounds a month on top to try and clear the arrears, (totalling 784) a month. The tie in finishes in may 2009. She also has a secured loan with Welcome of 20k (258 a month) they ring her up each week asking when she is going to make a full payment, she then gets scared (as she had to provide a contact list of friends and family, so if she doesn't pay or they can't get hold of her they will start ringing her contact people up ). She has offered to come in and pay an amount of money, not the full amount and they refuse to accept this, why is this, and then to make the full payment the following week. When she gets paid. Welcome then threaten her with going to contact her mortgage provider, who she is struggling to pay also, she has only just paid the last months mortgage. Also threaten with litigation proceedings. Basically she has 4 children, one has adhd, she works all she can fit in is paying back tax credits as overpaid but thats another issue their fault not hers, has had 2 strokes in the past, shes under 40, and is taking her ex to the csa to try and get more money for her childrens basic needs and until then hes stopped paying her maintenance so shes even more short of money. Having been in a similar situation myself I advised her to do a income outgoings sheet, which she will do, cut down on cancellable things like sky, go over to prepayment for gas, electric, and pay the dept each week of on them. So what is your advice.? So she can keep the roof above their heads. Sorry its a bit rambling.

Hi have 2 accounts with halifax, was overdrawn on current account thru charges, received 2 letters saying need to rectify account, which could not do, benefit only goes into savings account, bank has transfered without my consent money from my savings account to my bank account to cover overdrawn amount, then charges another 38 quid, can they do this, without my permission, or is it stealing from me!!!!

hi thanks for that, so will need to sar cca them to find out info on charges etc, then?

If its the court form you are refering to no, as we dont see we should have to pay more as given car back and the dept is bigger than amount owed before, so they can go and jump, plus have other depts trying to sort out and cant afford to pay any amount to them, did think of bancrupcy, but that costs too ,as hubby working.

Bump

bump please need some answers quick. Can we apply for it to be set aside?

just asked hubby the car was an HP agreement, he first started to not make his payments in 2004 when he had to change jobs to move in with me. Was just doing agency work a lot less money. So can we still cca, sar them for info.

We get so many dept letters from a few places people, gats confusing, we were out of time by the time we managed to get some advice on it, was left in the dept pile for a few days also on the tv, did respond saying handed car back etc, just recieved letter today from court saying 'defence out of time. Default judgement entered 18 sept.' 'Claimant Black horse claims payment of balance due of 3,765.83 under credit agreement dated 06/12/01 made between black horse and defendant.' court order repayment notice sentby solicitors Sechiari etc. So can we sar/cca them still for info of dates interest etc, how much car sold for, as voluntary return of car or they would take us to court so they said. Just read the letter again from the solicitors, mentions attachment of earnings, if they take the 255 thats we only just get by now. 'bancrupcy receiver will be appointed and all of your assetts will be sold to pay your depts', we have none, just 2 old bangers from the auction worth 200 quid. and we need them for work etc. 'These will all incurre more costs which u will have to pay.' 'please note our client may be prepared to offer a rebate on an ex gratia basis to any customer who can settle dept in full.' we have no savings or insurance policies to cash in, nowt. Help

black horse issued default notice, taken husband to court, didn't get our defence back in time, court issued us to pay back over 3 grand for car loan (when we gave it back well over a year ago, assumed dept repaid, at no time informed us how much sold for even when we asked them for info,) at 255 a month and gave us 2 days to pay first payment, we dont have that kind of money spare, on the letter it says attachment of earnings, or court bailiff to enter home and take and sell belongings, is that true or are they trying to scare us, husband is worried that they will come when he's at work and I will have to deal with them, not good for my breakdown recovery. We have nothing of value, just ordinary furniture, please advise

Have now received a judgement by the court for full amount and have only 2 days to come up with first payment of £255. As if we have that kind of money!!! Have sent in defence see what happens, they mention a fee just sent it on its own

RE-black horse car loan-ist credit-court papers As no answers to my dilema, if not heard nothing by tomorrow will send the forms anyway, kaz

Bump

RE-black horse car loan-ist credit-court papers Also just realised no SAR or CCA forms have been sent for this black horse car loan, as copies cannot be found only for the tesco credit card (SAR, CCA sent) so post shouldn't have been joined, confused so am I. SO can I still send them even tho the court is involved and the time limit is up to defend?

Hi, yes I think so, hubby had to fill out some paperwork to show what mileage and condition of car was like, a geezer from ist credit came round, he then said car would be auctioned off for 'the best price possible', yeah right, and we hear accordingly, and said hubby had to make an minimum dd payment monthly until then, which was £10.00, which he did for a few months, then stopped as we couldn't afford it. Heard nothing until this year when sent them a cab letter re financial difficulties then next thing, stat. demand and now the court papers.

Re: yorkiebarkid V bishops investigations/ist credit Hi, yes husband was in arrears as he lost his job and was working for a lot less money, they were informed of this, they pressured him into surrendering the car back, or threatened court action. Have CCA'd Bishops investigations, no reply to that just passed it over to someone else, ie court papers from Sechiari, clark & mitchell, litigation recoveries centre o/b, herts. For Black Horse, Cardiff. Haven't sent LBA as didn't know what to edit out.

Hi, yes husband was in arrears as he lost his job and was working for a lot less money, they were informed of this, they pressured him into surrendering the car back, or threatened court action. Have CCA'd Bishops investigations, no reply to that just passed it over to someone else, ie court papers from Sechiari, clark & mitchell, litigation recoveries centre o/b, herts. For Black Horse, Cardiff. Haven't sent LBA as didn't know what to edit out.

Sorry vindicator, bought car for 10,000, paid back 8k and still they want nearly 4k, and had car back to resell at auction. kaz

Hi, they would not tell us how much it was sold for auction, car was fine good condition, or where it was to be sold.

Hi, now been sent court papers for whole of dept of what they say we owe for the car after handing it back, 14 days are up to put in defence what do we do, we thought by giving it back dept would be finished, only one year left to pay of dept. Help please, kaz

what can I leave in or change above as dont know what interest or costs occured and need this info to pursue claim, thanks karen

OOps, just looking up files and realised missed LBA date it was 5 june, its now 13 june, will send it in the morning, better late than never. Will it affect claim? Really annoyed with myself, have got about 8 different claims/issues going on, thought was doing so well. k

bump, ta

Thank you for your replies, will send a letter offering amount again to include your sentence re 'cashing amount agree to terms' and enclosing a payment of £10.00 Like to send letter re 'taking the car' but feel the less agro at the mo the better, thanks karen