Dear forum members, I am defending the eviction order for the last 4 years now. In 2007, I was 6 months late in repayments and hence Bank of Scotland acquired eviction order, which was subsequently suspended as I appealed in the court. The arrears outstanding were around £14,000 of which £6000 were the charges. About 9 consecutive payments later, I defaulted again. The bank’s solicitors applied for the eviction order again. I appealed but judge did not grant any relief. However, bank asked for £5000 before they could even think of stopping the eviction. I arranged and paid and bank stopped the eviction. Ever since, I am regular and even pay a few quids extra on top of the regular payments. But back in June 2011, I started receiving letters from bank’s solicitors demanding the outstanding arrears. When I called BOS collections, they informed that they have the right to ask for the arrears whenever they want. According to them they reviewed my account and decided to make the demand. I appealed in the court again with all evidences that the repayment is regular for the last more than 26 months. On the hearing date (last week) bank solicitors did not turn up and Judge accepted my appeal and suspended the order. She also ordered to make regular payments which I am already making. However, Judge did not comment on my request that arrears be merged to the mortgage account. I had also made this request back in 2008, even then court had not commented on this. I am not sure whether or not the procedure is correct for the request of merging the arrears into mortgage account through court. Perhaps I need to ask bank directly. Please help me in writing a letter that I can send to bank asking them to merge the arrears and also to ask them to provide all the outstanding arrears details and composition. I would be grateful and appreciate any help and responses in this regard. Thank you in anticipation and best regards, LaClassy

Thanks ZillaK, I wouldn't be knowing the act, however the default notice reads "Notice is Served under Section 87(1) of Consumer Credit Act 1974. I am married with 2 dependents. I had no contact with the lender between July 2008 until I received the default notice. The rebate is mentioned as £170 only that is applied to the accumulated amount. I have made IE and Personal statement. Please advise what else can be sent to stop going them to court. Thanks

Dear fellows, For sometime I could not pay back my secured loan taken from Welcome Finance. However I have tried to keep up the reduced mortgage payment on time. Needless to say that I am in financial crunch and cannot afford two payments at this time. As per the Default Notice (Dated 6th of January and received yesterday) I need to respond within 14 days and pay back the huge amount in lumpsum payment else they will apply to court for attachement of earnings and further actions. Please advise how can I respond to this letter urgently to stop them from going to court. I only have a disposible income of £35 per month. The loan taken in June 2007 was only £21,000. I paid for one year and then could not pay it from July 2008. Now the amount shown in Default Notice is around £37,000. I cannot pay this amount at once. How can I convince them to start accepting £35/month for at least next coming 6 months. I would appreciate your quick response. Regards,

Hello, Thanks for the replys.. However, in our case the judge has flately refused to grant any relief and ordered that the eviction will stay as it is on the due date. Court provided with three copies of appeal form which has 10 sections altogether. I have filled in the form however it aks for the sealed original order from the court. However we have not received anything as yet? I dont know if we can ask the court to provide us with the order so that we can make an appeal (without that the appeal will not be entertained I suppose, though the form does have a section where it asks about the approximate date that the missing document can be provided, nevertheless I think the decision order is a must in orde for the judge to allow the appeal!). Your advice is much needed at this time and will be highly appreciated. Regards

Hello , Just an update... Today I have received a two liner letter from the county courts mentioning that " Upon hearing the solicitors (hearing date mentioned as 10/02/2009) from claiment and defendent (me) not present, it is ordered that the case be dismissed"..... Now what the heck is this... I dont even know if there was any court date and what has been dismissed. Is it just that BOS requested for an eviction order and that has been rejected or what ? Can anybody out there help me. Its started getting on my nerves now. Regards,

Hello all, Thanks very much for the information. I could not make any payments for the period that I have mentioned. I made one payment for the month of February and planning on paying for the month of March at the end of February. As mentioned in my message, I have tried speaking with the bank and their solicitors but they are as adamant and stubborn as can be. They keep on demanding the outstanding amount before they can accept anything. I thought if there is a way that I can go to court and make an early request. I would appreciate your advice and guidence. Regards, AUKSHON

Thanks very much Sequenci - No paperwork has been received at the last known or so called the address on creditor's file (the last billing address of the Barclaycard when so called defaulted). The only papers that I have received are sent at the property address and people who are renting it at present gave the letters to me.

Any respected member out there to comment and advise on this matter please? Regards LaClassy

Dear all respected members - Upon arrival from a business trip after 4 months, found Interim Charging Order from some FV-1 for Barclaycard for £3600 in total including charges. No idea whatsoever how and when did I enjoy this money and did not pay back?? Now, 1. Received all this documentation at my property where I DO NOT LIVE. Its been rented out for almost 4 years now. 2. This so called FV-1 company did a land registry search and applied for CCJ in 28th November 2007. 3. Acquired interim charging order on 12th of Dec 2007 4. Actual hearing to be held on 4th of March 2008. A couple of points with regards to the status of the property: 1. The property was already in the market for sale before FV-1 acquired CCJ 2. The buyer is fully prepared and completion is due by 10th of Feb 2008. Question: 1. Can this property be sold while the interim charging order is in place Please advise promptly as completion is so close to happen. Regards LaClassy