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mr nice

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  1. Do you include the day that you are served with the SD as one day. I got my through the letter box on 10th October 2013. I'm also a bit confused in filling the 6.4 for in section (d) I have Lowell and in section (a) I have BW Legal. The date I got the SD served is 10th october 2013 but on the paper work by BW legal it says 24th September 2013. In section (b) do I put the 10 October or 23rd September.
  2. I also had a SD from BW legal which was served on 10th October 2013 and according to my calculations 18 days were going to up on this coming Sunday. Managed to fill the 6.4 and 6.5 forms and took them to court this afternoon only to find out the court times had changed a few months back from 10.00am to 4.00 pm to 10.00am to 2.00pm. The person at the court said I could leave the forms in their post and they will be seen first thing Monday morning. I have bought the forms back and will go first thing Monday morning but it will be the 19th day on Monday.
  3. Thanks a million for everyone's help. I filed the defence couple of weeks back and I have hot a reply back from the claimant's solicitor. They have sent me a Tomlin order and proposed some terms for me to agree within 14 days. The claimant want's to settle at £5800.00. The amount they asked for on the court order was £6552.09. The original amount was only £3440.99 and the rest was added interest and court costs when the court was sent. Secondly they have agreed on me to pay £25.00 per month. They want me to agree to this. After I sent the defence of I also made a request of them for CPR Procedure and requested the relevant documents. It's been nearly 2 weeks and no response. I am thinking of writing back to them until they don't reply to my request I can't consider their offer. Advice appropriated on how to go forward on this.
  4. It's a credit card debt which goes back to 2000. HSBC have passed this to a DCA. They also sent a statutory Demand in November 2008. I stupidly ended up paying £500.00 straight away and then got in to a payment plan with them. To stop the Statutory demand. I have not asked for a CCA. On the claim form shall I just dispute the whole amount and request fro CCA from the claimant. How do I go forward on this. What is a CPR please.
  5. I have been sent a county court summons by Phoenix Recoveries (UK) Ltd Sarl-Marlin Recoveries. They are acting on behalf of HSBC Bank. I have an outstanding credit debt which was with HSBC bank and over the years I have been on a payment plan of £30.00 per month. Recently I got a letter from the solicitors that the amount was not enough and they sent me a income & Expenditure form which I filled in. It was a very basic form and did not ask me to list all my out goings. I sent this off and then I got a letter back saying there is a monthly surplus of £300.00 and that part of this should be applied to the debt. I do not have a surplus and this £300.00 was for other debts. Any how by the time I was in the process of writing back within couple of weeks I got a court order claim and they not just requested the £3440.99 already owed but also interest of 2821.10 which has never been mentioned before with courts costs amounting to a total of £6552.09. I am able to make a offer of anything from £30.00 to £40.00 per month but can someone help me with extra interest and that it looks like that the intention of the claimant was always for a court order then why ask for income and expenditure. How can I dispute this and I really don't want a CCJ registered against me. Unfortunately I have just realised that the form has a date of 8th June 2010. I have already sent the acknowledgement within 14 days. Basically today is the last day within the 28 day period. Firstly I was going to admit and pay a monthly payment but know I have decided to dispute the whole amount and request the credit agreement from the claimant. Can someone tell me how to go forward on this.
  6. I have an outstanding credit debt which was with HSBC bank and over the years I have been on a payment plan of £30.00 per month. Recently I got a letter from the solicitors that the amount was not enough and they sent me a income & Expenditure form which I filled in. It was a very basic form and did not ask me to list all my out goings. I sent this off and then I got a letter back saying there is a monthly surplus of £300.00 and that part of this should be applied to the debt. I do not have a surplus and this £300.00 was for other debts. Any how by the time I was in the process of writing back within couple of weeks I got a court order claim and they not just requested the £3440.99 already owed but also interest of 2821.10 which has never been mentioned before with courts costs amounting to a total of £6552.09. I am able to make a offer f anything from £30.00 to £40.00 per month but can someone help me with extra interest and that it looks like that the intention of the claimant was always for a court order then why ask for income and expenditure. How can I dispute this and I really don't want a CCJ registered against me.
  7. I have an outstanding credit debt which was with HSBC bank and over the years I have been on a payment plan of £30.00 per month. Recently I got a letter from the solicitors that the amount was not enough and they sent me a income & Expenditure form which I filled in. It was a very basic form and did not ask me to list all my out goings. I sent this off and then I got a letter back saying there is a monthly surplus of £300.00 and that part of this should be applied to the debt. I do not have a surplus and this £300.00 was for other debts. Any how by the time I was in the process of writing back within couple of weeks I got a court order claim and they not just requested the £3440.99 already owed but also interest of 2821.10 which has never been mentioned before with courts costs amounting to a total of £6552.09. I am able to make a offer f anything from £30.00 to £40.00 per month but can someone help me with extra interest and that it looks like that the intention of the claimant was always for a court order then why ask for income and expenditure. How can I dispute this and I really don't want a CCJ registered against me.
  8. I also am having the same problem with these idiots. Even though I have agreed a payment plan of £25.00 on the 8th of every month. I still get silly text messages all the time requesting payments. Couple of days back I got a letter with a notice of intended recovery even though this month's payment was only due by the 8th (last Saturday). They have had last month's payment. This is completely getting put of hand.
  9. Can any one help me out there as the N9A from the court has to be sent back.
  10. The finance company is Capital Bank (Bank of Scotland)
  11. My sister got a car out on finance for a 3 year period starting from January 2007. The total finance was £15899.04. She was making regular payments until last August and had paid £8250.28. Its then she was involved in a road traffic accident and since then has not worked. She is currently on Family Credit. The current outstanding balance is 9132.29. The initial outstanding figure was £7770.50 plus charges of 1361.29. Some of these charges have been horrendous like £150.00 for each letter sent. It also includes £250.00 for Solicitor costs. A possesion order (Claim Form) has been sent for the return of goods with form N9A. My Sister has sent a offer for a full and final settlement for 50% owned taking out the additonal charges which is half of £7770.50. This has been rejected DLC (Direct Legal Collections) and instead they have asked for £7300.00 as full and final. Can you tell me the way forward as my sister wants to keep the car. If it gets repossed then it will sold at give away price at the auction and my Sister will still be chased for the debt.
  12. I have checked the figures again and you are right it is £250.00 short. They have been one payment of £604.67 as the 1st payment followed by 15 payments of £454.67. A total of 16 payments. Is that not 1/3 payments or does it have to more then amount in the CCA. Can't find the Default notice. Send for a subject Access and request for DN. Not received any court order so far.
  13. Got a reply from the finance company. A copy of the CCA has been sent which looks ok. A breakdown of all the payments has also been sent. The total payable at the starting of the agreement was £22024.16 and the current balance is £14599.44. In the agreement it says £7674.72 has to been paid or 1/3 of payments then goods cannot be taken away without court order. In the letter the finance company has said the account has been passed to their legal department to begin issuing proceedings in order to secure our outstanding balance.
  14. I have property worth about £90,000 to £100,000 in current market conditions. Until last year the property was freehold. Then June last year I took a re-mortgage of £35,000 for 6 years. Instead of a normal re-mortgage I ended up somehow getting a buy-to-let mortgage. The property has always been rented out for the last few years. I started having financial difficulties at the end of last year and also the tenants moved out and property remained vacant for a few months. I kept on informing the mortgage company Cheltham & Gloucester about the situation. The monthly payment was only £577.00. As I am self-employed I was awaiting payments from suppliers and I had also found new tenants. Until end of April I was 5 payments behind. I got a letter from Solicitors on 10 May 2009 that the lender was going to appoint a receiver or unless I cleared all the arrears. I told C&G about my situation that I just required a few weeks to clear the arrears but they would not listen and said they will not stop the action until the arrears are not cleared. Last week I managed to pay 2 monthly installments. When I was making the payment I got told that an receiver has been appointed. Currently I am 4 payments behind amounting to £2300.00. Not a very large amount. Today I got the dreadful letter from Touchstones that they are the receiver on the property. I am currently only 4 payments behind and the next payment is on 23 June. My aim is to make 2 more payments this week and hopefully another 2 the following week to clear the arrears. I don't want any receiver being appointed. Can I force the the lender to take the action back when I clear my arrears or is it too late. The receiver fees £500.00 just to set everything up, 10% management fees, £125.00 an hour etc. Is day light robbery. I have been a long time Lloyds TSB customer and this is really sad the way threy threat their customers. Is there a way out after clearing the arrears. One thing for sure I won't fall behind any more payments. I was a bit naive which I have to admit. What's the way forward. Can I complain.
  15. Got both letters but don't have the actual default notice and got the termination notice letter.
  16. I have seen the letter by the Bailiff and it has no court ref.no. Its just got the company name and says "I.............. working on Behalf of Lancashire Collections (Certified Bailiffs) through Preston County court called today. Then says call immediately. No mention of any charges. Got a mobile no. and the company does not even have a full address or contact.no. The total balance payable on the agreement is £22024.16 over 48 payments. The settlement figure until 14th April 2009 was £13999.78. It does not include May's payment of £454.67. How do you find out if a court order has been obtained. What template (letter) is to used to say the account is in dispute. A request for a copy of CCA and a breakdown of all the payments has been requested.
  17. A close friend is getting her Car repossessed by Northridge Finance. The car was taken out on a 4 year Hire Purchase Agreement on 14th March 2007 over 48 payments. Last year she fell behind payments and stopped paying after June 2008. She was served with a default Notice in August 2008 and after that did not hear anything from the Finance Company until this April 2009. They came to inspect the vehicle and offered her to pay the arrears by end of June 2009. She made one payment when they came to see to her. What the finance company really offered was her to pay about 3 payment every months and complete the payments by end of June. Each payment amounts to 454.00. She was sent a written letter with this agreement and as no payment was made in April 2009 a default notice was sent. An another letter was sent on 15th May 2009 stating as "you failed to remedy the breach detailed in the Statutory default notice within the time specified. As indicated to you in SDN the agreement is now terminated. As a consequence of such Termination you are requested to : a) Return the goods b) Pay the arrears amounting to .... c) Pay compensation for any resulting from any breach of the Agreement by you. If necessary we shall take legal action against you and any surety to enforce our rights under the Agreement and to seek a decree on such grounds as the court may decide." The above letter was sent on the 15th May 2009 and today the Bailiffs came to collect the car. A company called Lancashire Collections certified bailiffs through Preston County courts. Currently my friend is 10 monthly payments in arrears and is raising the money to clear the arrears. So far according to my calculations from April 2007 to May 2009 making it 26 months. If she is 10 payments behind then she has paid 16 payments which is a third of 48 payments. The finance company will need a court order for the return of goods. So how can they send the Bailiffs. No repossession order has been sent. I have asked my friend to ask the finance company for the breakdown all her payments and a copy of her CCA. In the meanwhile how does she deal with the finance company and the Bailiffs.
  18. A close friend is getting her Car repossessed by Northridge Finance. The car was taken out on a 4 year Hire Purchase Agreement on 14th March 2007 over 48 payments. Last year she fell behind payments and stopped paying after June 2008. She was served with a default Notice in August 2008 and after that did not hear anything from the Finance Company until this April 2009. They came to inspect the vehicle and offered her to pay the arrears by end of June 2009. She made one payment when they came to see to her. What the finance company really offered was her to pay about 3 payment every months and complete the payments by end of June. Each payment amounts to 454.00. She was sent a written letter with this agreement and as no payment was made in April 2009 a default notice was sent. An another letter was sent on 15th May 2009 stating as "you failed to remedy the breach detailed in the Statutory default notice within the time specified. As indicated to you in SDN the agreement is now terminated. As a consequence of such Termination you are requested to : a) Return the goods b) Pay the arrears amounting to .... c) Pay compensation for any resulting from any breach of the Agreement by you. If necessary we shall take legal action against you and any surety to enforce our rights under the Agreement and to seek a decree on such grounds as the court may decide." The above letter was sent on the 15th May 2009 and today the Bailiffs came to collect the car. A company called Lancashire Collections certified bailiffs through Preston County courts. Currently my friend is 10 monthly payments in arrears and is raising the money to clear the arrears. So far according to my calculations from April 2007 to May 2009 making it 26 months. If she is 10 payments behind then she has paid 16 payments which is a third of 48 payments. The finance company will need a court order for the return of goods. So how can they send the Bailiffs. No repossession order has been sent. I have asked my friend to ask the finance company for the breakdown all her payments and a copy of her CCA. In the meanwhile how does she deal with the finance company and the Bailiffs.
  19. Please can someone give me advice on how to deal with the REMOVAL NOTICE from Equita.
  20. I have just had the REMOVAL notice from Equita today. Spoke to the council again they in turn want me to speak to equita. Just spoken to Equita and they have said they cannot set up a payment plan for non-domestic rates. I will keep on getting the letters and the Bailiff keep on visiting my property until the full balance is payed. This is what I was told by Equita. I have just made another payment of £75.00 and this time to Equita. I can't undertsand how to approach this as I have had no reply's to any of my letters from Equita. The one thing good is that no fees have been added by Equita on the outstanding amount of £1400.00. I have so far paid £150.00 towards that. What should be next step. I can't have the Bailiff on my back and have to keep the doors locked all the time. Its getting crazy.
  21. Thanks for all your recent help. Just want to give give you an update of what's happening. The council is being is very reluctant to bring the case back from Equita. I sent them a cheque for £75.00 which they gladly cashed for 1 month payment as part of a monthly payment plan. So far the local councillor has no luck, even the local MP has had no reply instead someone from the council has ranged me and said to sort it out with Equita and then come back to them. Asked Equita to explain the excessive charges and they just sent me a statement with the £1400 owed to the council minus the £75.00 which I have already paid to the council. Equita have not sent anything regarding their charges of £509.00 and its been 2 weeks since I wrote to them. Also got my solicitor to write to the council but still awaiting reply. So far nothing has moved in the last week. Can someone advice the way forward. The council want me to contact Equita directly How do I go forward on this. Shall I get in contact with Equita and see what they say or send in form 4 as a complain against the Bailiff or just keep on paying the council.
  22. The letter for the excess charges was sent out on Monday to Equita. The local MP's assistant has written to the director of Finance at the council regarding the situation yesterday. Do I need to write to Equita again regarding the charges or just sit tight. Fortunately the Bailiff has not come in the last two days but I am still on the edge.
  23. I have already sent one cheque to the council with a payment plan. I have sent a similar letter to the Bailiffs with a payment plan. Do I need to send them a cheque as I feel the council might send my payment back. The councillor had no joy today will ask another councillor also. The MP's secetary is going to write to the council to get the debt back from the Bailiffs. Just filled in form 4 to complain against the Equita bailiff but can't get to Enforcement team to find out where bailiff obtained certificate. Only answering machine. Is it wise to talk to Equita and see if they accept my payment plan. They would have got the letters as they were sent 1st Class recorded yesterday.
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