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Everything posted by Mydogsawestie

  1. Ditto keeping my eyes peeled as citizen B has said mines a CCJ appeal ongoing ;-)
  2. Discontinuance and subsequent proceedings 38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if – (a) he discontinued the claim after the defendant filed a defence; and (b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#pagetop I've had a letter too!
  3. As an afterthought...I may with the endowment next year see if we can do some full & final negotiations through Payplan to get rid of some of this debt at the lowest negotiations of course perhaps? Thanks again
  4. Thanks for the info wintry on restrictions this is all helping me become more knowledgeable indeed. It also provides me with a reason as to why I think it may not be ideal to be honest as my husband whos sole name it would be in is self employed too so a regular income is never guaranteed either so may very well fail as he doesn't always have a lot of income either so may not even be accepted into an IVA in the first place. Payplan have suggested an IVA as an option for the last few years, its just from my point of view one of the fruitful endowments are due up next year so wanted to wait till after then. At the recent yearly review though they made it sound attractive to consider again that it got me thinking! I think I will leave things ticking along as they are, maybe consider eventually having him not on the mortgage (ideally) feel its a constant noose around my neck living this way though in a DMP never knowing what hits the fan periodically but have survived 8 years so far . You have been of great assistance - thanks for all your help
  5. Thanks toddle2u and Wintry. Husbands equity share would be 50kish or a bit more by then, so it may be costing more in the long run if they have him remortgage 85% of that value (on top of the 54/60 months of payments also then that would have already been made!!) That interesting protocol link document at 3.3 states there should be no circumstances where somebody is forced to sell there property instead of releasing equity, I suppose being forewarned about all will give us the heads up on how the document is drafted. Payplan though are also asking what the value of the endowments are if we surrendered these early ! Sounds like this could all cost him more to be honest but on the other hand it would be another 40 years with the rate of payments as they are to clear the debt! Its a shame when you have Assets you are penalised & have fewer options to consider than others with no Assets who can enter these agreements more easily (and who can blame them!) What would happen if we wanted to sell the house during those 5 years too or split up & I took over the share of the property guess they'd bring the IVA to a closure early would they & go after his equity then?
  6. My husband is considering an IVA having been in a DMP with Payplan for the last 8 years (60k balance). In year 4 as we have equity jointly & they'd want his share, what lenders are out there to offer somebody a remortgage who has been in an IVA - encouraging more debt? He would be in his fifties then too so not ideal but would rather take out the extension to extend the IVA by a further 12 months instead. Would they insist on some less known remortgage providers (not high street lenders who we currently are with) any body any knowledge on what lenders you might seemingly / unwillingly have to then go with? :frown: And if you didnt do the remortgage option on the table what happens then - are they forced to have to do the 12mth extension what you may ideally want anyway?
  7. If you speak to Consumer Direct they may be able to help you http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/index.htm The sale of goods act also comes into play and so may be worth you looking into that. http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html I would write to John Lewis Head Office & tell them you would like a replacement (can only but try) as repairs are not sorting the problem out & ongoing cracks will only continue. I hope you get it sorted.
  8. If this is a 12mth warranty & the fault was logged with John Lewis before the warranty expired I'd thought it'd been up to them to sort? The Sale of Goods act I think covers you up to 6 years why not give Consumer Direct a ring who will point you in the right direction. Also write to the Head Office of John Lewis & tell them you will be contacting Trading Standards/ watchdog. I hope you get it sorted.
  9. How do you know if you indeed owe them this debt. You could always send a Credit Card Agreement request (recorded delivery £1 postal orders) Compliance Officer 1st Credit Limited The Omnibus Building Lesbourne Road Reigate Surrey RH2 7JP If they dont respond to the CCA letter 12+2 days then send them the Account in Dispute letter afterwards. They cannot enforce the debt until they produce the CCA. Also may be worth noting that you would like to see the Notice of Assignment served in accordance with S136 of the Law of Property Act 1925. A debt can be disputed at any time. The full guidance can be found here; http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf They also cannot CCJ you at this point, it all needs to go to court in order for that to happen that would be way off yet and if it should ever get to that. There are lots of threads about on worst credit. Hope you get it sorted but dont admit anything owing to them or make any token payments at this stage. Maybe this link here to this thread is useful http://www.consumeractiongroup.co.uk/forum/showthread.php?313830-1st-Credit&p=3496815&viewfull=1#post3496815
  10. Hi Hammy Have you rang the court & asked why the financials may have been ignored, its should not seem right to pay out for an application again if your I & E are to be ignored. Can you not just send a letter headed Redetermination appealing it submitting it for proper inspection again with the orig docs you sent?
  11. File and ignore the letters you will get, dont contact them at all. As mentioned already it is an unenforceable invoice, which can be ignored.Only the council / police / court of law / congestion charge / taxman can fine you, full stop. They rely on ordinary folks ignorance and are only after the easy payers who take fright at getting what looks like an official ticket.
  12. My friend was taken to court by Santandur in April for falling behind with her mortgage payments, she got this repossession suspended as they have a sale pending on the property by a family member allowing them to stay in the house as tenants afterwards. Everything is ready for the purchase to go ahead but BHorse who have the 2nd charge wont consent to the sale as the sale amount will go to Santandur as a 1st charge. Payments of nearly £400 month are made to BH but they wont agree to these payments/releasing the charge as it will then be an unsecured loan to them on the remaining £20k. They are fully aware that the house will now continue to get repossessed, Santandur will get what it goes for at auction & it being in negative equity will mean they get nothing. Santandur have given my friend less than a month before proceedings commence again to get BH to release the charge so the sale can go ahead. Can anybody advise on how they can do this? It just does not make sense why BH would allow this to happen to achieve nothing from it? My friend & partner (who has a 10year old child) now have the worry of losing their home and may be forced into bankruptcy as there only option!
  13. Anyone? Just wondered what letter to ask for the refund of lots of £30 collection charges on a secured loan. Thanks
  14. BHorse have been charging lots of collection activity charges (£30) that a friend of mine wants to claim back to help reduce the debt - as this is a second secured loan against the house which another lender has the first charge on do we use the mortgage charge letter template to request these charges back or would it be a different letter These results have come to light from a recent Subject Access request. Thanks
  15. Heres is the link to the main forum & sticky area where the parking details are http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?88-Parking-Traffic-Offences Here below are a few links that you also might find handy http://www.consumeractiongroup.co.uk...blems+ppc+face http://www.consumeractiongroup.co.uk...l-parking.html http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=542355&in_page_id=1770
  16. Glad you finally got it sorted (I orig posted what happened to my mum on post 20 of your thread) I hope your wife has not been put off traveling on public transport in the future. Look after yourselves.
  17. I am helping a friend with knowledge gained and documents to court submitted from the forums here (particularly those from Ell-enn). I was wondering when they attend the repossession hearing can they hand in a Statement of Costs on an N260 for all the work they have done (all be it it can come off the arrears) or is it uncommon to do this at a repossession hearing If there are any documents we could use as a basis to go off it would be appreciated. The hearing is this week (although an adjournment may be imminent but costs will still have been arisen). Thank you
  18. 1blonde - you tell em.... (love my reality tv too)
  19. I believe its due to be listed between May and July thats all I know at present.
  20. Always good to read good news humbleman well done and deservedly so too
  21. Thanks for the advice, absorbing lots as always
  22. Hi Jackblack did anything further happen about this? What was the outcome?
  23. There's a template letter and more info on full & finals here should you be interested: National Debtline England & Wales | Debt Advice | Factsheet 24 Full And Final Settlement Offers HOW TO WORK OUT OFFERS OF PAYMENT IN FULL AND FINAL SETTLEMENT You may have a lump sum that you need to divide up amongst several creditors. The usual way of doing this is to make 'pro-rata' offers. This means that each creditor gets a fair share of the money available. The creditor you owe the most to will get the biggest share of the money and the creditor you owe the least to will get the smallest share. Find out the exact outstanding balance you owe to each creditor. Use the formula to work out how much to offer each creditor. Use the following example on page three to help you. Send offers to all your creditors along with a table like the one shown on page three. It is helpful if creditors can see that they are all receiving an offer of a pro-rata settlement; then they know they are all being treated fairly. If some of the creditors refuse, then write to them again and ask them to reconsider. Point out if any of your other creditors have accepted the offer and explain your circumstances again. FORMULA LUMP SUM AVAILABLE X EACH DEBT ÷ THE TOTAL AMOUNT YOU OWE TO YOUR CREDITORS = OFFER TO THE CREDITOR EXAMPLE You may have £10,000 owing to four creditors. You can raise a lump sum of £4,000. You owe: £2,300 to Mastercard £1,200 to a catalogue company £4,500 to a loan company £2,200 to the bank Use the formula £4,000 (LUMP SUM AVAILABLE) X £2,300 (DEBT TO MASTERCARD) ÷ £10,000 (THE TOTAL AMOUNT YOU OWE TO YOUR CREDITORS) = £920 (OFFER TO MASTERCARD) Your offer to Mastercard is £920. You then do the same calculation for each creditor, using each individual debt in the calculation. Your offers to your creditors should look something like this: OFFERS TO CREDITORS BASED ON A FULL AND FINAL SETTLEMENT OF £4,000 Creditor Debt Full and final settlement offer Total £10,000 £4,000 Mastercard £2,300 £920 Catalogue £1,200 £480 Loans £4,500 £1,800 Bank £2,000 £800 REMEMBER Do not pay the lump sum to any creditor that does not agree your offer in writing.
  24. They may even write to you themselves in the future offering a settlement but if not and they sell it to a debt collection agency, you may have more bargaining power as they have probably bought the debt for between 6p to 15p in the £. Enjoy the interest free loan in the meantime There's a template letter and more info on full & finals here should you be interested: National Debtline England & Wales | Debt Advice | Factsheet 24 Full And Final Settlement Offers
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