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kiruji

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About kiruji

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  1. Hi all, About 18 months ago, Link were trying to take me to court to get a charging order attached to my house because I refused to attach one voluntarily. To cut a long story short, after much to-ing and fro-ing, I convinced them (with your help!) that letting me pay the outstanding off at a rate I could afford would be a nice thing to do. Since then, they haven't added any interest to the amount and it is coming down slowly but surely. I've just registered with Noddle though and noticed that the debt with them is showing as in default and has been since they took it over from MBNA. I know I was in default with MBNA, but is it correct that the debt should show as being in default each month with Link even though I'm paying it off at an agreed rate? If it is, fair enough - it's my own fault, after all - it just struck me as kicking a man when he's down! Thanks in advance, and apologies if this is in the wrong forum.
  2. So, I've just listed everything I have. Do I need to send a copy to the court? I can't see any mention of it in the court papers, but I'm pretty tired!
  3. Sorry, here's what they say they have that they're willing to share: I'm just going through the mountain of paperwork I have - should I be declaring everything I have in a big list and let them figure out if they want it or not?
  4. Thanks for the replies. Would it be acceptable to just ask for everything from their list?
  5. Hi everyone. After months of silence from all concerned, this week stuff has started happening again. Unfortunately, I've been away for the last fortnight and have returned today to two envelopes sitting on my mat. One from the court, one from IDR. The court one is a notice of allocation to the Fast Track. In it, it says: The envelope from IDR contains their "N265 List of Documents as filed at Court." This has a disclosure statement and the a list of documents I can inspect and can't inspect, which totals 36 documents! I know this is short notice again, and I'm sorry for that, but I obviously need to get my list of documents sent off to both IDR and the court tomorrow - I'm going away again on Sunday until Thursday. Typical that this all starts moving again during my busiest period of work. Can anyone give me some idea of what I'm supposed to include? I think the only documents I have to rely on are my statements from MBNA detailing the charges throughout the life of the account? Is there anything else I should be including? Do I need to download/print/fill out an N265 form? Once again, thanks for any help offered.
  6. Thank you guys for your comments. I'm a bit confused as to why they are so adamant on getting a charging order. They keep banging on about their security, but I don't see that it really offers them much. If I don't move house, and I can't afford to, the charging order wouldn't have any effect, would it? I'm beginning to think they are, for want of a better word, bullies that revel in throwing their weight around causing undue stress. I currently have no idea what to do for the best, to be honest.
  7. Hi all, Quick update... IDR Finance made an offer to me that was essentially the same as the offer they'd made last year - pay them £75 per month and sign a voluntary restriction against our property or they'll seek the same in court. I made them a counteroffer of reducing the total by the amount I'm counterclaiming for and giving me two years to remortgage my house in order to repay in full - while I'm doing that, I offered to pay £50 per month. I also offered to sign a voluntary restriction if I hadn't paid off the debt in full within the two years. I essentially copy/pasted their Tomlin order and changed the relevant bits (yes, it was a silly thing to do). Today, I receive this in the post: I admit, I should have come here first and asked for advice. However, does anyone have any advice to offer now? As I read it, they are not going to consider any offer unless it's either the full amount or it comes with a restriction on my property. I'm more than a little scared that, as they suggest, the counterclaim will be thrown out, they'll get judgment against me and will then get a restriction against my home anyway - the only difference being it'll take longer, be more stressful and result in me owing them even more money. I'm willing to remortgage my house and increase my mortgage to the point that I can pay off all of my debts, but I'm unwilling to take out a secured loan at an exorbitant interest level and I'm unable to remortgage my house immediately thanks to my credit record. I'd even consider dropping the counterclaim if they'd give me the two years to pay everything off before a restriction is put on our home - however, I'm sure they'd reject that and then use my offer of dropping the counterclaim as some sort of 'proof' that it is without merit. Anyone got any ideas on how to placate the beast and allow me some breathing room while avoiding court and a restriction? As always, thanks for reading and for any advice offered.
  8. Do I intent to make any applications in the immediate future? And if yes, what for? Other threads I've read normally say something like "An order seeking the Claimants compliance with information previously requested" - but I haven't previously requested it from IDR. Just to be clear, I include the Draft Order and write this in Section I (In the space below, set out any other information you consider will help the judge to manage the claim) - assuming I can fit it in!
  9. Yes, I'll send it Special! Mike, I don't have an email address for Northampton Court! Is adding the following point to the Draft Order acceptable?
  10. Thank you so much for your reply. It needs to be returned (to Northampton CC?) by Monday 4pm, so I need to get it in the post today for delivery Monday, so I have a couple of hours left to get to the post office. I'm aware it's a weekend and people are busy so if necessary I'll fill out as above and send it off. I'm just worried I'm doing everything wrong, especially in light of IDR telling me I'm trying it on.
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