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Fighting-Back

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  1. Thanks for that 42man will get a form into the courts asap.
  2. I think our replies must have crosssed, but in answer to your second question no they didn't reply to the SAR either. Gary
  3. No because of the situation with my father in law we got so distracted it fell down the list of priorities.
  4. Hi again, having to revive an old thread as MCE have taken the matter on to another level. As mentioned previously I didn't hear anything from them after sending the CCA & SAR, until they replied saying that they were still looking for the information and I would need to pay £10 to receive it followed swiftly by them applying for CCJ for £14k. Due to me being distracted by my father in law being diagnosed with cancer I didn't get around to doing anything about this. MCE have now applied for a charging order on our property through the Land Registry, so despite not returning any information as they should have since my initial CCA/SAR request they are still perusing a debt that I am disputing. Obviously I am keen to prevent the charging order from being granted so need some advice on the best way to defend this. The court date on the letter from there solicitors is for the 6th October although a letter from the Land Registry mentions the 24th September so I need to move quickly.
  5. Hi Bona thanks for your advice, no defense has been put in yet, as far as the value of the property goes as I undersatnd it there is still the 1st mortgage on the property which is relatively small, plus some other cautions totalling about 100k, even if the house was sold they could still walk away with about 200k (if they paid the full 312k to natwest). There is a good chance the signature was forged by my father in law, but if this was the case where does this leave their defence? As I said in the beginning I am still trying to understand it myself, my mother in law remembers signing for a 11k overdraft, but not 60. So it sounds like either the amount was changed or her signature copied onto another form, but surely the bank would have had to have helped for that to happen. They are the witnesses on the copy my wife saw. Also can they turn an overdraft into effectively another mortgage and charge such high interests? my wife has seen the forms and they were
  6. Sorry if this a little vague as I am still trying to get to the bottom of it myself. Approx 26 years ago my father in law had an overdraft of 60,000 pounds for his buisness, the bank apparently put this into a second mortgage on the property. In 1992 they apparently wrote to my wife's parents (they say they did not receive the letter) requesting 84,000 pounds that instant. They had not received any letters from Natwest for the next 16 years until her father was in the process of sorting out a bankruptcy order four years ago when he contacted the bank, as they were shown as a charge on the property. He offered to pay them a lump sum of 70,000 but was unable to put together the finances, so Natwest agreed for him to pay 75 pounds a week with an assessment after a year. About six weeks ago he received a letter from the bank requesting 314,000 (to include interest) and subsequently a repossession order was received by my father in law from Natwest. He has offered to pay them first 60,000 and then 80,000 both offers have been refused. My mother in law's name is allegedly also on this agreement and she insist that she knew nothing about it and has never signed or agreed to this loan. She was shown a copy of an agreement but states that it is not her signature on the form. Is there anything that can be done to prevent the repossession of their home. It was suggested by their solicitor that if this is the case then he would refer her to another solicitor. Can my mother in law have a separate solicitor and what are her chances of winning this case in court? They are due in court next wednesday 21st May. Their current solicitor seems to be unco-operative and does not possess expert knowledge of how to handle this case. He has however, requested certain information from Natwest which they have not provided him. Due to this can the case at least be adjourned? Thanks in advance.
  7. Hi 42man and thanks for your help, the court papers I originally recieved where from MCE attempting to put a 2nd charge on my house. I acknowledged the claim and said I would be defending it. I recieved a letter from the court saying that the case had been deferred or suspended, I haven't got the letter with me at the moment to confirm the term used. Is there a standard letter that I should use now as they seem to have changed tactics and got the CCJ by default? Or do I just quote the sections of the act you have pasted above as my defence, also I am now a bit confused as to which of the actions I am now defending? Thanks.
  8. Well things have taken a unexpected turn, I finally heard back from MCE with a letter saying that they are still looking for the information on the credit agreement, they also said that this request would require me to pay ten pounds! I had to go a away for a week and when I returned in all of the post was a Judgement for the Claimant for £14k from the court, now I didn't even recieve notification that they was going to apply for a CCJ, and also I thought that as the debt was in dispute they was not allowed to persue it? So guys and girls what do I do next? I intend to dispute the CCJ, but what should my argument be?
  9. Anyone got any adbice on what my next move should be?
  10. Hi again, well I have heard nothing from MCE, they signed for my letters requesting information about the credit agreement on the 11 March. So do I now need to apply to the court to rule that the debt is unenforceable, is there a template for this? Or do I just ask the court to rule on the fact they have defaulted in not supplying the information I requested? Or do I first need to post the details of the claim they made to the court on here before anyone can advice on the next step? Cheers in advance.
  11. Thanks a lot 42man, will get a letter of to them straight away.
  12. Anyone please, I just want to make sure I am taking the correct 1st steps in fighting this?
  13. Hi all, my first post on here been reading a few of the other cases which have been quite eye opening. I sort of know what I need to do now but thought I would check first before doing anything. About 7 years I took out a £4000 car loan with British Credit Trust which I defaulted on after approximately a year, the car was repossessed and sold and I heard nothing more from the finance company until about 2 years ago when letters arrived from Marlin Finance & subsequently MCE Portfolio asking for full & total settlement of over £10,000. As you can imagine I was shocked after all that time to receive the demand, I called and said that I didn’t owe nowhere near that amount and I had assumed that as the car was sold and I had heard nothing the debt had been cleared/written off. This was quickly followed by a barrage of phone calls demanding payment. Eventually after they threatened to go to my employers for an attachment to earnings (I wasn’t aware then of this illegal bullying tactics) I agreed to pay instalments of £75 a month, they wanted £200 to be reviewed after 6 months.After 6 months later this went up to £85. In December 2007 the DD bounced and even though I paid by debit card soon after, I received a letter from MCE’s solicitors asking for full payment of over £11k. When I called to ask why they said it was because of the missed payment, I said thought that was totally unreasonable and they said they would go back to MCE to see if the instalments could continue. A further 2 payments were taken in January & February and then last week I received letter from Mortimer Clark (their Solicitors) saying they require full payment of £14, 000 or they will be applying to the court for a CCJ to attach the debt to our house. I spoke to MCE this week after receiving the application from the court, and they insisted that they wanted to apply for a charge against our property. I realise now the mistakes I have previously made in my ignorance, e.g. speaking with on the phone, caving in to their demand for monthly instalments etc. but now that I know better how do I proceed. From reading on here I intend to first reply to the court saying that I dispute the amount of the debt they are claiming, and then to write to CCA MCE Portfolio. As I have already been paying I assume I can’t now turn around and dispute the total debt, can I? I only started payments because of their threats, which I guess I cannot prove as I doubt they will produce the phone recordings, but should I stop payment in lieu of any possible court decision? Sorry some of the detailed information is a bit vague but I am looking to see if I still have the original loan agreement to get correct amounts and dates. Any help will be greatly appreciated.
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