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  1. They will never get a charging order imposed by the courts if the mortgage is in joint names but the d ebt is in one name. They will simply apply a restriction on your title deed held by the land registry so that they will be notified when you come to either sell your property or remortgage only to a different lender. There are solicitors who know how to avoid paying any monies owed to them when you sell your house
  2. hI, Can anyone please hep? I have a restriction placed on mine the debt was for £4593 and I have been paying £50 per month since Nov 2008 (£1900) at a final CO hearing.I have tried several times offering final and full settlement and we simply have not reached an agreement on the figure. I was happy to just continue paying the £50 as it was going to take over 7 years to settle the whole debt.However, today I was successfully approved for a morgage to buy my othe 50% SO and take my ex off the mortgage. I am now worried that the Restriction will be flagged in the mortgage process and therefore the mortgage offer being withdrawn.I spoke to the LR and they informed that I can apply for the Restriction to be cancelled but don't think this will be agreed by the creditor. I have therefore emailed the creditor offering to pay FF amount of £1800 (my last offer was £1500 which was rejected) of the £2693 currently owed. I am waiting to hear from them.What should I do? Is it likely the Restriction will come to the attention of the new mortgage lender?Please help as I want to settle the Restriction issue firts before I appoint a solicitor. Also the lender has offered me fee free to use their own solicitor.
  3. great to know. so should i ignore then? Was thinking of contacting CRA and see if I can get my old reports. It was showing until last few of last year
  4. Hi All, I need some advice on what to do. This debt was entered on my credit file in Sept 2005 and showing as Settled a month later. It has now dropped out of my eperian credit file and never showed on my equifax. Capquest have now sent me the letter stating that they will instruct their field agent ResolveCall to attend at my address and personally serve me a SDB. Should I take this seriously or is it one of their several threats? I am not bothered about them turning up but just don't want anything damaging my credit file which I have worked hard over the last few years getting in a good shape. This is a debt I did owe but when it appeared on my credit file as settled (don't know why) I never bothered to try and pay it. The debt was with Natwest and since it has dropped off my credit file I feel that I have nothing to use to show them that the debt is status barred. What should I do? Thanks
  5. DK that's a really good idea will try that and if they accept then I should be able to pay them when I get my bonus in May
  6. Thanks Ell-enn - Thanks X20 The amount owing including court cost after the final charging order was granted by the judge at Brighton County court was approx £4,600 . They were yesterday seeking to add an extra £994 to this amount - this included the court cost, fees charged by their local legal agent, cost of letters sent to me etc. Now this would have result in the final amount owing after yesterday's judgement stand at approx £5,600 to which I have to pay £50 p/m for the next nine years. I initially suggested the £50 p/m payment plan to both the AMEX and the court. This was accepted in writing by AMEX on condition that I pay the full owing amount of approx £5,600 at £50 p/m to be reviewed every six months. I later withdrew my £50 p/m offer in the judge's chambers he then ruled that I pay £50 p/m on just the £4,600 but went on to deny the Amex request for order of sale, a six monthly review request and the £994 amount they were seeking to add on Hope this makes sense. I am going to either phone or write to AMEX's solicitors for their bank details and set up a standing order. I take your point on not contesting the charging order and will go ahead and request a breakdown of cost from Brighton county court One more point to highlight, The judge insisted that he had the power to order me to make payment of £50 p/m until all the debt is paid He recited CPR section 10. To be honest I was not listening at this point as I was fuming. I just kept repeating CPR section 4 on how the order of sale request was flawed. As mentioned earlier, AMEX wrote to me last week insisting that no interest were added to the initial debt.
  7. Good News - I won Before I go into detail I want to say a big big big thanks you to surfaceagentx20 Ell-enn X20 - you gave me all the defence I needed to contested this case - without your help I would have definitely not be able to take this to the last round and won by KO - You my friend gave me ample confidence. Ell-enn - thanks for helping me prepare my case - getting me to move the case to my local court, preparing all the necessary statements. This is how it turn out today; Got there 15 minutes before and the solicitor's agent decided to have a friendly chat with me which turns out to be a briefing on her behalf as again she wasn't fully briefed properly by Amex's solicitor. The friendly chat turned out to be a case building for her. She was instructed to accept my £50 p/m payment plan her client. Thanks to X20 I declined and basically told her flat out that the judge was going to rule in my favour and that I intend on winning today and then appeal against the previous judgement (final Charge). I made it known to her that this case and the previous judgement are flawed. The co-owner (HA) was never informed and even after the last adjourned case couple of months ago, they still failed to get the HA involved. I pointed out that I have a tenancy agreement with HA and payment for their 50% share so therefore the judgement cannot grant a sale when infact the main co-owner is not aware of the situation. So we left it at that! Got called into the judges chambers. The solicitor put her case forward and how they are prepared to accept £50 p/m to be reviewed every six months should I still fail to pay the full amount. Now up to when the final charging order was made, the £3K debt now stood at £4.5K. Today's judgement would have added another £994. The judge then asked me if the offer of £50p/m was still acceptable to me as per the statement & SOA I sent to the courts after the last case was adjourned. I did not answer to this but pointed out to the judge that how unprepared and the flawed the case was. Appealed to him to deny the order of sale on that basis. Pointed out that all I got from the Amex's solicitor from day one was of threats and harassment. That it was me who suggested the £50p/m even before they seeked the charging order judemnet. Their attitude and interest was always to sell my house and not resolve the debt. I pointed out that whilst I defaulted on an agreement, I tried to put it right and had that been accepted then the amount owing would not have escalated to from £3 to £5.5K. The judge at this point wasn't happy and told me off for interrupting him and the legal agent to which I apologised. As the hearing went on, I grew in confidence and angry at the same time. Basically pointing out how the agent was not fully briefed about the case and that all the defence she was making was as a result of the 15mins chat I had with her. Also that in a nice and direct way that sale cannot be granted without the HA - That in today's housing market (down at least 15%) since the last external valuation in 2007 is out of date. Anyway - both of us got kicked out of the chambers as the judge was going to have a private conference call. Before doing so he instructed me that when he calls us back he only wanted to hear one answer from me - if I was willing to pay the £50 p/m or wish to withdraw my offer. Sat outside for 10 minutes - at this point I was fuming but composed Got back in he asked me and I just came out with it - that I wanted to withdraw my offer of £50 due to he fact that this case along with past judgement was flawed. That I wanted him to make the right decision and deny the order of sale - after which I intend to apply against the first judgement. He was bemused - He then said that he heard enough and was going to make a ruling. Picked up the green law bible and started reciting CPR section 10. Waited for him to finish and I said I seek permission to appeal and quoting SPR section 4 (once again thanks to X20)- he rejected this and as he felt he ruled in my favour - this is when the pin dropped HAHA. I enquired about the court cost of £994 - he said he hadn't come to that part yet. Asked when I can make the 1st payment - I mumbled end of December - he said no - then I said end of this month and he accepted. Now regarding the court cost he asked what the solicitor proposed and she waffled about how I never made any payment towards the debt - how all the charges were just etc - I interrupted for the final time and was again told off. The solicitor requested the I pay the cost - this was denied and the judge pointed out that their case was flawed. She again asked that the £50 payment plan be reviewed every six months - again was rejected on the same basis - YUpee When we were dismissed - thanked judge, apologised for my disruptive behaviour and left feeling like the king of the world! What a feeling - the feeling of Victory is so sweet. I know I still have to pay more than the initial £3k debt (now at £4.5K) but; a) they will have to wait for a whole nine years to get all their monies b) How I felt is worth every single penny. I can now if I want go back to the previous judgement and appeal against it - Well I wish - I think??????? I can see AMEX now or at some point in the next 9 years accepting a final settlement figure. I am comfortable with the £50 payment plan What is the best way to make this payment - by cheque or DD? Sorry for the long post - but I just felt that I didn't want to miss any detail out. Once again THANK YOU X20 - couldn't have done it without you. THANKS THANKS THANKS Also Thanks to Ell-enn
  8. I have not received any CCA from them - but I am denying that the debt is mine. Although I am clueless about legal matters, I am a very logical guy and I always knew there was something smelly about this whole matter. I intend writing back to the solicitors and letting them know I want the judge to rule on the day. With all the help I am getting from your guys and work I have already carried out, I intend to put forward a strong defense on the day. I went to see our local CAB but had to walk out as they weren’t interested on helping me or even trying to first understand the case before giving any advice. I spoke to one of the solicitors they recommended and he was quoting about £1K to take on the case. Can I appeal/challenge the previous judgment made on Oct 2006?
  9. Can you please honestly tell me what to do - if it was you would you settle this rather than attending the final hearing on the 3rd? Also the judge already told me in my previous hearing that his hands are tight as far as the previous judgement is concern. So looks like the judment on 28/10/2006 will stand - They put in a claim of £4,327 and a £266 court cost was added making it £4,539 owing plus potentially another £904 to be added. Should I lose on 03/10/08 then I will owe 5,443 and at £50 p/m starting this month then it will take me over 9 years to repay the whole debt. I am not really afraid of taking them on all the way to the last round and the idea of them waiting for 9years to get all their money appeals to me. I know this will continue affecting my credit history - which I am not bothered about because I have no intention of ever getting any thing on credit ever What do you guys think?
  10. Thanks for your reply X20 The letter I received form the solicitors this morning contained the following points The card was cancelled on 14/10/2008 and they were instructed by Amex on 02/02/2007 and that I have returned there mails as Addresses unknown' when infact I was know to be still at this address. That I eventually contacted them on 14/02/08 wishing to pay £50 p/m and that my attitude to them was 'see you in court' That no interest had been appied to the debt since judgement on 28/10/2006 was made. Should I felt that the amount claimed was unjust then I should have objected back then and entered a defence. They are not prepared to allow any attempt to look back behind that judgement That my offer of £50 p/m was never made to them. However they are prepared to accept my proposed payment subjected to a review every six months if payment cannot be made in full. They will now seek a suspended order of sale at the next hearing. They want me to send confirmation within 7 days and they will contact the contact indicating that an agreement has been reached. Most of the points above are bunch of rubbish - I tried the £50 offer prior to the first judgement - which was when they applied for an interim charge. As far as I can tell they have not applied for a final charge. It's true that I did return some mail back to them after I was harrassed and threatened from pole to pole. I still have no idea and have not seen any breakdown of how the debt went from £3,300 (the amount it was when they were instructed to collect) to £4,900 (potentially another £900 of court cost to be added). This is what their latest cost of hearing for the 3th of November 2008 is Solicitor 1 = £190 Solicitor 2 = £120 Attendance on Court = £120 Routine letters Out; To defendant 4 letters = £48 To Court 4 letters = £48 To Spouce 4 letters = £48 To Estate Agent 1 letters = £12 To defendant 4 letters = £48 To other Occupiers 3 letters = £36 --- what other occupiers Attendances on documents £190 for 1.5hrs Other Expenses Court Fee to Issue £159 office copies of register £6 OS3 search x3 £12 Solicitors agent's fee to 08/09/08 £105 Solicitors agent's fee to 03/11/08 £105 All the above amounts to £904.50
  11. They have again added more cost for the cost of court hearing. I really don't want to pay these extra cost as the court pointed out last time that the court cost will be paid by the losing part and I feel that I should not lose this case I am off out now for the nest hour but will post when I return. Thanks
  12. I need you help once again. The court case for the 14th October 2008 was again postponed until 3th November 2008. I submitted further evidence to both the Solicitors and the court - This included further prove from both the my mortgage provider and the Housing association that I own only 50% of the property. I also as instructed by the judge provided a SOA - showing after all expenses we only had £103 left each month. I sent this statement to the Court and their solicitors on 29/09/08 and today I received a letter from their solicitor wanting to settle (agree my offer of £50 p/m) before our next court date; I am the defendant in this case and respectfully request the court not to rule in favour of the claimant for an Order of Sale on my residence. I wish the court to consider the following when hearing the above numbered claim: An order of sale is made by the claimant without the full knowledge of the co-owner of the property. 50% of the property is owned by Waterloo Housing Association whilst the remaining 50% is mortgaged. There is possible a £14,000 equity of which £7,791 is an outstanding balance of an existing secured loan on the property. 50% of the equity less the outstanding secured loan balance is owned by me. There is therefore no remaining equity once all the other charges are taken into account. An early settlement the secured loan (approximately £600), Early Repayment charge on the outstanding mortgage of £3,056.65 and other smaller charges will be imposed by the mortgage company (Halifax Bank). I have enclosed evidence from Waterloo Housing Association showing that I own only 50% of the property I have also requested further evidence from my mortgage provider that on 11/03/2003 I took out a mortgage of £63050 with a 3% deposit (£1950) to purchase a 50% of the property with Waterloo Housing owning the other 50%. This evidence is still forthcoming which I will be able to present to the court at the next case hearing The property was valued in 2007 for £145,000-£150,000 by the claimant. In today’s current housing marketing, this valuation is no longer valid. It is evident that House prices are continuing to fall by an average of 10-15% per year. The overall housing market has slowed down and should the court grant an order of sale, it is likely top take a very long time to sell this share ownership property. Legally as I own only 50% of the property of which there is no equity should an order of sale be granted by the court. The enclosed statement of affair shows that I potentially have a total net asset of £7,601. This is based on an estimated value of £70,000 (50% property share) and a car worth £1,000. The enclosed Statement of Affair shows that there is only a surplus of £106.37 each month for my family and myself to live on each month. Also enclosed is evidence of my rent/service charge statement from Waterloo Housing association showing the amount I pay each month for the 50% share. This shows from when we entered the share-ownership scheme. There is also evidence of the outstanding secure loan balance of £7,791 which has a further 5 years remaining. The previous offer of £50 per month which was refused by the claimant is still offered. I ask the court to accept my offer of £50 per month from the £106.37 surplus my family and my self are left with each month The claimant has added a number of charges/fines/interest to an initial debt of £3,000 resulting to me now owing over £5,000. This I deem wrong and very unjust. I respectfully request that the court take into account the excess amount of interest and charges added on the debt. I also want the court to take into account my desire to resolve the debt owed without the need to grant an Order of Sale. I tried to explain to the claimant that the property is share ownership property, that there was no equity on the property and my offer of £50 per month. This was met by the claimant threat of pursuing the case through the courts and making sure that my residence was sold to settle the debt. I respectfully ask the court to take into account The Trusts of Land and Appointment of Trustees Act 1996 S.15 and consider “The welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as his/her home”. There are two children aged one and twelve years and we are expecting a third child in February 2009. I therefore respectfully ask the court to dismiss possession in order for me to provide a stable home for my children aged one and twelve. The claimant provides all information relating to debt before an agreement is made on how I should repay the original debt without any added charges or interest.
  13. Sorry for the delay in replying The local solicitor did not have a glue about the case - he kept making excuses that the solictors he was represnting did not fully briefed him. One thing on his side was that he is close pal with the judge - looks to me that he was the judge best drinking partner. The judge was glad about the points I raised especially about section 15 and my desire to pay £50 p/m. I also don't mind the case being adjourned as I will have more evidence that the property is a share ownership property. If you remember the original debt was £3K but now stands at £4.8K and with the latest addition cost of £700 that will put the debt over £5k. The judge made it clear that he can't do anything with additional charges prior to the case. Also he mentioned that who ever loses will have to pay the the £700 court cost. How can I go about hiring a solicitor to represent me before my next court appearance? I will be asking both the bank and housing association to provide me with more evidence. Can you please help on to put together my SOA to the court? Thanks
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