Long time no hear but this ac now in the hands of CQ.

I sent off a letter saying I have never had a proper response to S78 request in 2009 and that I have a letter saying no CCA available and they responded saying they would request the documents from LLoyds banking group.

A further letter now saying they have received the documents from Lloyds but need me to call them to confirm some security details before sending them to me.

I definitely will not be calling them and willl write to insist they fulfill their obligations to respond to the old S78 request.

My question is this . Has anything changed regarding S78 requests ? Do I need to send a new S78 request to CQ ?

I am certain they cannot have the CCA as the OC has sent 2 letters confirming none available and suspect they just want a contact number to harrass me on.

I havnt had much dealings with creditors for quite a while and just want to make sure nothing has changed.

Thanks for any input

Summer x

I will tell him to do that but who should he complain to ?

Many thanks to you Unclebulgaria and also Davyly

Sadly the Bullyboy has won in this case. My friend was so scared about this guy turning up in the morning that despite my advice he has borrowed the money and paid up in full !!

I wish he had listened to my counsel but I understand his fears.

Thanks again

Thank you for your help

He phoned Marstons and has got the details of the court now and the date of the fine and amount so he can contact the court .

He told the girl at Marstons he wanted to make an arrangement to pay and she immediately transferred him to the actual bailiff's mobile and he said' No chance .. full payment only and see you at 6am ' !!!

I will write on the letter about sorting it out with the magistrates and about the tenancy and goods in the house not belonging to him . I will state that he does not own a vehicle .

Is there anything else I need to state ?

Should he sign it ?

The Police (if) they are called, often misunderstand the different warrants bailiffs may have. These don't give the bailiff the right to force entry. There are very few occasions when a bailiff can actually use force to enter a private home.

Do I need to put anything about tthat in the letter that will be put on the door?

It will say that the house is rented in a third partys name ? Should the third party's name be stated ?

Keep any car you own away from your house, as otherwise they may try to seize it.

Thanks I am presuming a check would be made with the DVLA before a vehicle is seized ?

Thank you so much.

This matter dates from a long time ago and my friend cant remember the court . He thinks the bailliff mentioned Leicester so will ring them in the morning.

Should I compose a letter for him to stick on the door stating that he is unsure what this is about and is contacting the Magistrates court.

t Just been told thathe bailliff has stated that he is coming to the house at 6am tomorrow with the police and a locksmith!!

My friend is already talking about trying to borrow the £900

Hello

Can anyone advise . I am trying to help a friend.

Its regarding an old fine at a midlands magistrates court that has just shown up out of the blue

A bailiff turned up this morning with a distress warrant for an old fine of approx £600 plus £ 300 charges that are not detailed.

The bailiff says he will not discuss the matter and will turn up in the morning with the police and a locksmith to enforce the warrant.

I have phoned him on my friends behalf to try to make an offer of payment but he was not interested at all.

My friend lives with a partner in a rented house [ partner only is the tenant ] and has very few worldly goods and no vehicle of his own.

The bailliff stated to me that he is an ' enforcement bailiff' subcontracted to Marstons. That I would not be able to phone Marstons and that they would just refer me back to himself.

I explained my friends circumstances and said could an arrangement to pay be made.

He said no only full payment because ' its gone past the stage where arrangements can be made'

I have checked on the Bailliffs register and cant find the name on his card.

Please can anyone help.

I think he wants to attend and try to enforce even though the circumstances have been explained just so he can add more charges.

What can my friend do ?

sorry forgot to say first name only please

A small donation but huge thanks to Martin

She just txt me she has been to Co-op and has to ring in a couple of days for acc details . maybe she will be able to get her wages into there this month after all. Thanks again Ell-enn

Yes I have sent her to the Co-op . Thats where I bank now after former tribulations.

I think she will have to try to manage everything this month as a new account will probably not be up and running in time for her wages this month but should be OK for Oct.

She was also advised to change her bank account so that she can try to gain a little control over the unsecured lending . Those lenders have her bank card details and take payments on a switch type method not a direct debit that could be cancelled.

She did get the statement to the DJ and he did read it before we went in. She has to pay £100 per month to the arrears ....turns out they currently stand at just over £ 4400 not £3000 as I thought !!!

Arrived at court and managed to grab an advisor. Gave her the statement and revised budget sheet and I made my friends case for her and the advisor approached the other side . Flat refusal to accept the new offer to reduce the arrears so we went before the DJ .

He was very nice and friendly but the other side set out at length their reasons to refuse our new offer based mainly on the amounts going out on unsecured borrowing.

The DJ after some time and debate about the amount of unsecured lending asked if my friend would reconsider what she could offer and the advisor suggested an amount exactly midway between the 2 offers [ I was not allowed to speak or I would have suggested somewhat less ].

The DJ bit her hand off and said he was not going to refer that offer back to the other side and set the arrears repayments at that revised offer.

So suspended repo order and a more affordable payment than originally offered.

Hopefully my friend can try to sort her life out a little.

Many many thanks to you Ell - enn from me and my friend . You are a star !!

Thank you so much . Will let you know what happens

Hi Ell-enn . can you help me with the statement ?

Hi Ell-enn

Budget sheet sent to you

Will do :0 )

Printing will not be a problem

I will phone her and see if I can get the info and do the budget sheet myself and how do I send you a copy of it?

Hi Ell enn

I will try to get the info for you re the budget sheet. It may be later tonight or tomorrow.

Yes she has made the offer in a panic in the hopes that she will be able to keep to it.

I believe some arrears had accrued last year and she had begun to pay £700 per month to reduce them. Then due to a family situation which I won't go into on a public forum she felt she was obliged to pay for something very expensive and she then did not pay her mortgage for a few months leading to the current arrears.

Her situation at home is terrible and no matter how we try to advise her she can't see a way out without the total break up of her family .

There are no children living in the house

Hi Ell enn

Thank you . As you know I am concerned that she has offered too much and will definitely struggle to maintain 700 per month so I would appreciate a statement that could possibly reduce the payments and stretch the arrears along the remaining term. Before she submitted the defence and I and E she had no advice whatsoever apart from being advised to throw out the partner!

I wish she would have been more forthcoming before but she was ashamed and was just desperately trying to borrow the arrears from friends and family.

Yes she has submitted that info

hi Ell enn

Ok I have got the following info from the defence form

do you agree with details of mortgage Yes

do you agree with amount owing No as has paid 1000 off since claim

claim only mentions arrears no other reason

do you consider terms of mortgage are fair Yes

Do you want court to consider changing terms No

Have you made agreement with mortgage company Yes 700 per month

Do you want to pay arrears by installments Yes 150 on top of 550 monthly payment

Do you receive benefits No

Any dependants No

Other occupants 1 My husband ( named ) who I am separated from but not divorced . He does not work or sign on but refuses to contribute to household expenses.2 My son who does work pays towards electricity and buys some food for himself.

Other outgoings not in arrears

I am in arrears with gas and electric but now on meters

I am in arrears with council tax and water rates but have made arrangements with them.

That's all she has relayed to me and hope you can help

thank you

Thank you so much .

I will find out as much info as I can and post again later today.

I have a printer