Hi jansus - thanks for your reply ! In answer to your questions : Just my parents live at the property in question - we have our own property Just mine and my husbands names are on the deeds - we were advised this would be best as they would have no means of paying the mortagage if we defaulted . My parents do not contribute at all - they pay all the bills , council tax , insurance etc - we just pay the mortgage . I think there is equity there now - but doesnt seem like we can access that because of the mortgage arrears . We are already receiving incapacity benefit , child benefit , family tax credits (for me) and my husband works . The business has not been trading since last August 09 - there were no profits /monies left at this point except for tax, VAT etc which . The morgage protection policy will not give us an answer on that one - so we just dont know if they will gie us anything . I already tried to claim when I became ill 18mnths ago and they refused that too - seems they always try their hardest to NOT pay you ! We paid £70 a month for that too - seems like we may hae wasted our mony . I think thats answered everything - any help appreciated - I know this is a difficult one .

Hi there - really hoping for some advice here as cant seem to find any real information on this anywhere. I will outline the problem as best I can . Originally my husband and I were both self-employed and we wanted to invest in something other than a pension plan to provide us with something for the future . My parents were looking to move house and are getting on in years (now 81 & 78 )and with mum being disabled it was beneficial for them to be closer to us for care needs . They sold their house , put all of the proceeds ( approx 95k)- down as deposit on a new property close to ours. We then took a mortgage out for the remainder of the value of the property (approx 60k) - this being our investment for the future . I must point out that Halifax knew my parents were were providing the deposit and would be living there . We have made the correct mortgage payments up until last August when my husband could find no suitable work . I am now not working due to ill health and have closed down my business and my husband his and has had to take a far lesser paid job closer to home to help care for me and the children (he worked away previously ) . So , from last August to mid December we were unable to meet the full mortgage payment on our portion of the property and the Halifax arranged a reduced amount . We could get no help with making these payments from any benefits , and the total mortgage protection policy which we were sold , would not pay out as technically our company still existed until removed from Companies House register . We are still in the process of dissolution of the company as this cannot be completed until after the accounts are filed for the period up to April 09 - it then takes 3 months for it to complete - so are looking really towards October 09. Obviously we are now in serious arrears and the Halifax will no longer make payment arrangements with us & we cannot afford the full amount due . They say they can and will reposess the property in which my parents live and would be prepared to see two elderly people out of a home . (such a nice advisor I spoke to !) lWe have lots of other debts , both business and personal , and also our own mortgage which we are struggling to pay . Our income has halved and I am on Incapacity benefit so are in defecit each month with income and expenditure ! Does anyone know what the position is with this ?? Can they take the whole property - force a sale , even though it is legally part owned and paid for by my parents . We have solicitors documents stating their interest in the property , but Halifax dont want to know. It is breaking my heart and causing me so much stress , thinking that this could happen to my parents . I could never live with myself if they lost their home . Any help or advice appreciated and thanks for reading all this !

Posted this in the Debt forum originally along with all our other debts , but now need more specific advice so have now split original post into its separate issues . We have been trying to negotiate with GE Money since my husband became unemployed last September . They advised us to contact the CCCS and get a financial statement made up and then forward it to them for consideration which we did . This was to see if there was a possibility of them suspending interest or accepting reduced payments . We heard nothing apart from receiving the usual phone calls /letters asking for payment . We always pointed out that we were unable to pay the full amount & had a client case number with CCCS . I eventually rang again at beginning of November worried that nothing had been arranged and was told that we were due up for default/court action as we had not been in touch . I pointed out the fact that on their advice we had supplied a financial statement and again gave all information regarding our current circumstances. The gentleman admitted that the Financial statement HAD been recieved but had been "overlooked " , and then said that in any case it was now too late because default action was being prepared . At this point we were only in receipt of JSA , Inacp benefit and a small amount of familly tax credts . I pointed out that had they acted upon the information already sent , that we may not now be in a default situation as an agreement could have been made to accept token payments etc . I am unable to work due to a chronc health condition and we have 4 children to support , yet the attitude of this company did nothing to help at all . Many other of our creditors had been sympathetic and had special arrangemnts in place for those customers with long term health conditions . I suggested that this might be adopted by GE - the reply was that he was not aware of any department with such policies at GE but , if I sent in supporting documents concerning my illness such as doctors letters/ blue badge proof etc then it could be considered . This I duly did. My husband started a job mid december but our income has ben cut by half and we cannot even afford the full amounts due on our mortgage. Nothing more was heard until January when LINK financial phoned us saying they wanted the balance of the debt repaid . A few days later I recived a letter from GE money saying they had sold the debt to Link . Here are the loan details and its progress to date . GE.Money / Link Financial - this is an unsecured personal debt (joint) . Many errors made by GE along the way all of which have been noted , in dealing with our situation ( loss of earnings Aug-Dec 09 ) . Debt was sold to LINK back in january . We defended part of the claim as we disagreed with most of the charges added during this time - and now have an N152 /N149 to complete as a result . In the meantime LINK have sent two different sets of papers offering a Tomlin order (both with differing amounts - but one more affordable than the other !) - they say they made a msitake with the first one (the lesser amount ) and then sent a second with an amount we cant afford . The court have no info about them doing this either . I have catalogued the dealings with link so have dates ,names etc . Do I try and pay the Tomlin or negotiate a lower more affordable figure or let the court decide ?? The amount of the debt is £4100 with charges by the way (£3500 approx. without ) .If I try and pay then others will have to go without and we`ll proabalby end up having our gas or electric cut off !! If I agree a figure to pay via the Tomlin order they say this will include all charges and interest to date - could I then try and claim back those charges separately ? I am unsure whether the court proceedings that are pending wil cover repayment issues or if it will just deal with our claim for the charges being unfair ? What do we do to prepare for this case - do we have to prepare some sort of defense other than that that has already been sent when we disputed the case ?? Will the judge decide what to do taking into account our current financial circumstances. (husband is working but we still have no disposable income , overdrawn with bansk etc) . I feel that I should say that the judge listen to a transcript of our conversation whereby the GE Money chap admitted that they had not dealt with our details correctly . GE Money say they dont have this !! Do we have to pay for this so called fast track claim as we cant really afford it ? What are tha charges ? I am so worried about the whole thing that my health is suffering badly and am not sure I could deal with going to court anyway . This along with all our other debts ( posted separately ) is making life unbearable right now so any advice would be useful . Sorry for the long post by the way !

Thanks Lilly white for all the info on charging order and other advice ! I have included some of the info you asked about in my post to Debt4get , however I will gather the other information and post in Legal as suggested . Thanks again .

Thanks Debt4get The document I have is for a `Notice of Hearing ` at Leeds County Court - I guess then that in that case they havent yet obtained the charging order ? It also says that `the defendants application to vary wll take place at the same time as the charging order hearing ` . Originally when we submitted the forms sent to us by the courts for this Hitachi debt we returned them to Hitachi and they did not show them to the courts as we thought they would. So as a result we were issued with an N30 Judgement for Claimant (in default) - we disputed this judgement and on the courts advice sent an N245 Application for `suspension of a warrant and/or variation of an order ` . I am not entirely sure what might happen with this application - what will the judge decide , is it likely that Hitachi will have enough legal power just to insist on the charging order ?? I am really confused as to what we have to do to get the best result - we have had no advice as to how to prepare . I have by the way asked for transfer to a local court . thanks for your help .

I have to hand the details of the loan with GE Money - as follows: Start date 17.12.04 - value £10,000 - the paperwork says it was classed as a "Home Improvement account (RCR) ". The loan was for design and fitting of bedroom furniture - wardrobes etc in all our bedrooms . We have no CCjs on anything yet - though not sure what you mean by CCA`d - sorry ?? I will have to look for the details of the Hitachi capital loan , but I do know its a combination of two loans for office furniture for our businesses as was a few years back . I have had to close my businesses due to illness and have been struck off at companies house - so money there . The other business which my husband managed , ceased trading last August /Sept when no work was available . The loan which we assumed (wrongly) was in our company name & should have been was in fact solely in my husbands name . I will post the actual details of this one as soon as I can . I really appreciate your help here as the hearing for the charging order is at the moment set for 23.4.09 though we have asked for a transfer to a court nearer home as nither could attend at LEEDS county court ! I guess this might delay the proceedings ?? Will be back this evening to catch up - thanks again .

Thanks Jonesyblod - Yes am looking into DLA - dont hold out much hope though as their critieria are so strict they like to try and convince you your not as ill as you are , but am plodding along with the form anyway - thanks for that . Im not sure about the mortgage payment help as my husband is working again now - though sometimes it seems like we`d be in less of a mess if he wasnt ! The halifax also told me to look into assistance too - not sure where to enquire though - anyone ?? As regards GE Money I have a copy of the agreement and charges added since the set up of the account . Can I submit a refund for all the charges dating back to 2004 ? If so is there a template letter that you know of I might use ?? Sorry if I seem a bit dull but some days my illness makes my brain very "foggy" . !! Im sure I could look but a link would be most helpful . Thanks for suggesting letting it go to court - at the moment it seems like the easiest thing to do , but I know thats not always the best thing to do . We may have no choice . Hitachi is the worst one right now as they want to charge us interest on the Charging order (if its obtained) at a high rate . This may make iour property almost worthless at the end of the day . Is it right that they could make this order on our property even if the debt is solely my husbands ?? The property is in joint names . We have help from the CCCS - do you think its worth trying a different organisation . ?? At the end of the day the CCCS seem to only want to negotiate with creditors if we are on a debt management plan and at present we cannot do this as we have no disposable income . Thanks for your kind advice - I will be posting more information as suggested by harassed senior regarding the nature and details of the loans so hopefully something might turn up - in the meantime the prospect of cliaming back the charges seems promising .

Hi there everyone - new here so hopefully this is in the right place !Also many thanks Davey77 . Have decided to write it all down here & hope for the best - so here is a quick rundown of our situation (well not entirely quick !) : Myself - now on long term sick with chronic health condition (Myalgic Encephalomyelitis (M.E.))after having to close down both my businesses in Dec 07. Unlikely to return to work . Have 4 children aged 9 -16 yrs. In receipt of IB only + child benefit. Husband - previously self emplyed upto end Aug 08. With economic climate unable to find more work and therefore unemplyed from Sept - mid Dec 08 during which time all business & personal finances were unpaid as he was in receipt of of JSA only . Now in permanent job rather than self employed . We have had dealings with the CCCS who have guided us and prepared a financlal statement which has been forwarded onto all utilty & financial companies . We have many creditors some of whom have accepted arrangements with zero interest and charges - good on them , but others are a real worry . We now find ourselves in a stuation whereby our income has dropped by half and we can no longer pay our outstanding commitments as outgoings exceed income by approx £3000 per month . We are in a no-win situation. Arrangements have been made with our mortgage providers (x2) and at present these remain priority , however we are still in a huge amount of arrears . At present I cannot see a way forward and would be grateful for any advice . Here are the main causes of the sleepless nights . 1. Hitachi Capital - trying to gain charging order on property - we have just asked for transfer from Leeds county court to a more local one (cardiff maybe ) .Have also received B136 from Land Registry re: the same. This seemed like it was pre-determined from the outset - they would never accept reduced payments (after husband lost his job) and we had no contact with solicitor acting on their behalf . (wouldnt answer our calls etc ) . This debt is in fact for business/office equipment but agreement failed to have business name on it - so now it is solely in my husbands name . We have given a financial statement and asked filed an applic`n for suspension of warrant/variation order . Lots more info available as needed . 2. GE.Money / Link Financial - this is an unsecured personal debt (joint) . Many errors made by GE along the way all of which have been noted , in dealing with our situation ( loss of earnings Aug-Dec 09 ) . Debt was sold to LINK back in january . We defended part of the claim as we disagreed with most of the charges added during this time - and now have an N152 to complete as a result . In the meantime LINK have sent two different sets of papers offering a Tomlin order (both with differing amounts - but one more affordable than the other !) - the court have no info about them doing this either . I have catalogued the dealings with link and find them unwilling to help or even understand what we`ve told them . Do I try and pay the Tomlin order somehow or let the court decide ?? The amount of the debt is £4100 with charges by the way (£3400 approx. without ) .If I try and pay then others will have to go without and we`ll proabbaly end up having out gas or electric cut off !! 3.Inland Revenue/Tax credits - have managed to hold them off each time a letter arrives but eventually they will want payment . I have had awful trouble getting them to deal with our self-emplyed earnings correctly and each time I correct them they get it wrong again . as a result we now have an o/pmt of over £3000 dating back to 2002/3 and one of £2000 from current year . None of their calculations make sense and we cannot it seems qualify for anything based on my husbands current wages until april 2010 as they work retrospectively . The whole thing is making my illness unbearable so some glimmer of hope would be appreciated . I totally agree this is a long post - thanks if you`ve got this far ! Feel free to move it to an appropriate place as necessary . Cheers .

Thanks Davey77 Decided to write it all down here instead of PM - so here is a quick rundown of our situation : Myself - now on long term sick with chronic health condition (Myalgic Encephalomyelitis (M.E.))after having to close down both my businesses in Dec 07. Unlikely to return to work . Have 4 children aged 9 -16 yrs. In receipt of IB only + child benefit. Husband - previously self emplyed upto end Aug 08. With economic climate unable to find more work and therefore unemplyed from Sept - mid Dec 08 during which time all business & personal finances were unpaid as he was in receipt of of JSA only . Now in permanent job rather than self emplyed . We have had dealings with the CCCS who have guided us and prepared a financlal statement which has been forwarded onto all utilty & financial companies . We have many creditors some of whom have accepted arrangements with zero interest and charges - good on them , but others are a real worry . We now find ourselves in a stuation whereby our income has dropped by half and we can no longer pay our outstanding commitments as outgoings exceed income by approx £3000 per month . We are in a no-win situation. Arrangements have been made with our mortgage providers (x2) and at present these remain priority , however we are still in a huge amount of arrears . At present I cannot see a way forward and would be grateful for any advice . Here are the main causes of the sleepless nights . 1. Hitachi Capital - trying to gain charging order on property - we have just asked for transfer from Leeds county court to a more local one (cardiff maybe ) .Have also received B136 from Land Registry re: the same. This seemed like it was pre-determined from the outset as Hitachi- would never accept reduced payments (after husband lost his job) and we could not get /had no contact with solicitor acting on their behalf . (wouldnt answer our calls etc ) .The solicitors were Addlestone Keane solicitors .This debt is in fact for business/office equipment but agreement failed to have business name on it - so now it is solely in my husbands name . We have given a financial statement and asked filed an applic`n for suspension of warrant/variation order . Lots more info available as needed . 2. GE.Money / Link Financial - this is an unsecured personal debt (joint) . Many errors made by GE along the way all of which have been noted , in dealing with our situation ( loss of earnings Aug-Dec 09 ) . Debt was sold to LINK back in january . We defended part of the claim as we disagreed with most of the charges added during this time - and now have an N152 to complete as a result . In the meantime LINK have sent two different sets of papers offering a Tomlin order (both with differing amounts - but one more affordable than the other !) - the court have no info about them doing this either . I have catalogued the dealings with link and find them unwilling to help or even understand what we`ve told them . Do I try and pay the Tomlin order somehow or let the court decide ?? The amount of the debt is £4100 with charges by the way (£3400 approx. without ) .If I try and pay then others will have to go without and we`ll proabbaly end up having out gas or electric cut off !! 3.Inland Revenue/Tax credits - have managed to hold them off each time a letter arrives but eventually they will want payment . I have had awful trouble getting them to deal with our self-emplyed earnings correctly and each time I correct them they get it wrong again . as a result we now have an o/pmt of over £3000 dating back to 2002/3 and one of £2000 from current year . None of their calculations make sense and we cannot it seems qualify for anything based on my husbands current wages until april 2010 as they work retrospectively . The whole thing is making my illness unbearable so some glimmer of hope would be appreciated . I totally agree this is a long post - thanks if you`ve got this far ! Feel free to move it to an appropriate place as necessary . Cheers .

Much appreciated - will gather them together and post again !

Hi there davey77 - am fairly new here and have over the past few days read almost every thread you have posted re your battles . I have been trying to find the courage to ask for help with my financial problems with the various "big" companies out there - long story . Anyway , just really to say you have inspired me and given me some hope that I may be able to sort things out . All you guys on here seem so knowledgable its scary ! Anyway I think I need a few cups of something strong to enable me to put pen to papaer so to speak . ! Hopefully I will then start posting my threads - just not sure where to start ?? Congratulations on your win too ......... really well done !!