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obewan

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Everything posted by obewan

  1. HI, Have a pending money claim court case and if lost expect creditor to stick in a charging order. As debt in my sole name, will wife's beneficial interest in any equity be maintained or will all the equity go to creditor ? Also following directions questionnaire now stayed to 19th Feb, any idea timescale to transfer to local county court & actual court date ( may sell home if we can prior to court).
  2. Yes I too got my letter this morning - just about keeping up with payments but this will now tip me into arrears/ repossession & B&B ( walking the streets during the day !! ) at 59 & the wife at 60 this is not going to be easy. I am professionally qualified & cant even get a postman's job or stacking shelves. I suppose the only good point is I have only a few months until the benefit dissapears altogether under the 2 year rule. Anyone got the tablet .. may as well take it now.
  3. Good to see the budget extended the current high rate to Dec 2010. Hopefully the Tories won't scupper this if they win the election ...
  4. Thanks for info , my question was IF HSBC start action - none as yet, but this will help if they do.
  5. No, all the CMG will say is that following the ruling they have to accept what was provided as a " True Copy " and the case dropped. Aparantly they cannot take ANY action unless the Lender states they cannot provide a copy of the original or a reconstituted copy. They will not give any assurance that a court would not accpt the reconstituted copy in Court as the original.
  6. Confused.. My wife is dealing via a large Claims Mgt Co , following recent ruling HSBC have sent them a reconstituted agreement with her name, address & date on it. The Claims Mgt Co confirm now have to accept this as a " TRUE COPY " and cannot take any further action. HSBC do not say in any correspondence if unenforceable or not. What is the situation if they now start proceedings aginst my wife ? Can the reconstituted agreement be used in Court to enforce the agreement or do they still have to produce an original signed agreement. Perhaps someone can clarify
  7. Looks like this is dissapearing in 6 months for unemployed per today's pre-budget announcement..Ouch !
  8. If you can afford to make the regular payments whilst action is being taken against Nat West for a complete write off, your credit file should still be in good standing. Then if Nat West capitulate to the action, you can make it a condition of the capitulation that your creedit file is wiped clean. It is MOST unlikely Nat West would go to trial without an original agreement as costs would outweigh any return IMO.
  9. Is this the end of the line ? High Court decision on debt loophole dashes write-off hopes for thousands - Times Online
  10. Have the agreement - taken out after 04/07 & enforceable, but fortunatly not secured on vehicle.
  11. Understand, that's why I think it may be best to force the issue & get them to trasfer the debt or issue a summons - the court at worst will likely accept the same figure.
  12. Yes, payplan couldn't help as a large percentage are already with debt management companies & they cannot get them to pay them !! So won't take it on & reccomended I do it myself, which I have done very successfully. Other compainies charge say £ 50 monthly which would reduce payments to a very small amount & not worthwhile.
  13. Having arranged my own debt management agreement with all my creditors, one, Bank of Scotland insists on still charging interest - which effectivly means the debt is increasing. Should I withold payments so they instruct a debt collection company ( where another arrangement can be made ) or await a summons & make an offer to pay via the court. Any ideas ?
  14. Award to pay full amount. Last Week. Shown to a solicitor - his view was that defence is flawed, for exactly same reason.. we cannot claim that we did not receive the monies only that the agreement does not comply with CCA, technical defence. On Balance judge awarded to claimant ( HFC). Cannot pay full amount & Restons Solicitors & HFC had already started proceeding whilst a DMP was in place ..would not accept a reduced payment ( unemployed). Solicitor indicated that they may not get a repossession order as debt in a single name & property in joint names, but CAB hav
  15. Despite the agreement not meeting CCA requirements ( only an application form) judge has awarded judgement to HFC as the Bank showed that the monies had been paid out - judge took no notice of CCA requirements. As the judgement is in sole name of one spouse, can they now get a Charging order & repossess even though other spouse who is a joint owner not involved with debt ?
  16. Thanks .. I have also complained about MBNA - not responding, looks like we are in the same position ! Cheers
  17. Has anyone founf the Financial ombudsman any help in resolving claims on validity of Agreements in relation to the Consumer Credit Act ?
  18. yes but how enforceable is this ?? I assume as not " embeded" within the signature document - unenforceable ??
  19. Just received attached documents from MBNA re a postal application with all CCA details on reverse of application - does this meet CCA requirements ? MBNA.PDF
  20. So they are correct at this stage..but if they want to enforce it they have to provide an original copy - is this correct ? How do I stand now if I want to deem the contract unenforceable ? Is there any way to get them to supply the agreement ?
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