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  1. thank you - thats exactly the outside perspective i was looking for.
  2. I think thats pretty straightforward...no? The CCj should never have been lodged due to it being statute barred. I am out of pocket for filing fees and the loss of deposit. Had the CCJ been challenged neither of those costs would have been incurred.
  3. Thank you all for the comments so far. Just to clarify - in 2018 when the case was heard, the debt was already statute barred by 2 years. As i was unable to challenge, the ccj was issued by default. Now that i am challenging, I think they've realised they have a very weak case and have decided not to challenge. The form they want me to sign is a "Consent Order" (to save as to costs). In peoples opinion (and yes im aware the courts can go in any direction), would costs be awarded to me for recovery of filing charges (£255) and loss of rental deposit (£300)? thanks
  4. I'm challenging a CCJ issued by Arrow Global/Drydens in 2018. The CCJ was issued whilst i was working overseas and was unable to challenge. I found out about the CCJ last year when i applied for a property to rent and was obviously rejected and lost the deposit. The debt is statute barred due to age. The court date for hearing is this week 1st Sept. I've now received a message from Drydens saying they will not be contesting. The form they want me to sign has a "No order as to costs" element. The questions I have are: 1) Should i pursue for costs? 2) Should i have itemised those costs when i made the application to set aside? and if so, will the court ignore any requests for costs? Thank you all in advance.
  5. Hi DX, the original was MBNA and the balance is around £12k
  6. OK, so what about the incorrect address details, are they enough to make the agreement unenforceable?
  7. Long story short 1) Tried to start a business and used card to fund it 2) Credit crunch hit, business went down the pan and i used the card to make the odd mortgage payment (I know..I know...) 3) Got divorced and moved out and have been struggling to get back into the job market (odd contract here and there, but nothing in a long while now) 4) Living off benefits and unable to clear any balance 5) Last payment made in Nov 2010, and received DCA letters from Frederikson, ARC, Arrow in August 2011, 6) CCA request in May 2012 7) Reconstiuted details sent through now 8) As mentioned, agreement has the old address, but T&C's has parents address, which ive never lived at and they didnt reside in at the time of the card being taken out.
  8. I don't know how they have got my parents address, Ive never used it for mail forwarding neither have I ever lived there
  9. One address is recognised, the other document has my parents address (which they didnt have at the time of the agreement)
  10. Hi Everyone, I submitted a CCA request to ARC Europe back in May 2012 and didn't hear back from them until now. They have submitted reconstituted agreements, but the details are wrong (address on one document but not the other). How do I best respond without giving them the opportunity to simply copy and paste the right address and resubmit? Also, am I right in thinking the agreement should state the credit limit i was given at the time? Because this is generic and contains nothing apart from my name, an address and an [x] for where my signature would be. Any advice or pointers to other threads gratefully received. Thank you
  11. Thanks dca, I find it hard to accept that despite claims in the media that mortage companies want to help homeowners in my situation - they still want to rush through the repossesion claim. Im proactively trying to resolve the situation, on the one hand i want to fight my corner and ask for more time to get back onto regular payments - but i don't want to close off other options (eg time to sell the house if it comes to it).
  12. Thank you Lea_HTH, you've given me a lot to think about. I suppose realistically, nothing short of full payment plus arrears will do. I'm wondering if the best i can hope for is time to put the house on the market. Thanks again
  13. Hello dcahelp, No im on repayment - they wouldnt agree to interest only. The 3rd May is the court date, not eviction. Than you for responding.
  14. Hello Lea_HTH, Thank you for taking the time to respond. Answers as follows; How much are the arrears? £8500 How long is left on the loan term and is this a first charge? 24years 9m, yes- first charge. How much is outstanding? £270,252 What is the property worth? (i.e. is there any equity in the property?) Maybe £310k for a very quick sale, other properties on the street have averaged around £350k+ Are there any other loans secured on the property? No What are you able to afford to pay currently? £1000 How long do you expect to shortfall the current mortgage instalment? for another 4-6 months maximum
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