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  1. hi there, was wondering if someone can give me any advice......... Long story short, my son is off to Uni the landlord of the student house would not supply students with a freezer - they have a icebox in a fridge which is inadequate for five of them - she did give her permission for them to install their own. I purchased a freezer online from Appliancesdirect to be delivered to the student house on the understanding that he will take it with him when he leaves. Freezer was delivered 10th Sept, plugged in on the 11th and was working fine, the students have been out an bought frozen food to fill it prior to moving in this week (got to admire their preparedness) My son was at the property yesterday which was when he discovered the lights are still on on the front of the freezer so their is power going to it, but the food inside is no longer frozen and not fit for consumption - have checked all settings are correct and its on max as it should be I phoned AD to be told as its still under the manufacturers warranty, ring LEC direct and they will send out an engineer, which i have done he should be here this friday, so it should get either repaired or replaced My issue is the contents, to fill the freezer has used a significant proportion of their grant money yet AD and LEC have both said they are not liable for any of that, they should claim on their contents insurance, which the lads arent able to do as the rest of their stuff is being moved in this week, their contract does not officially start until 26th sept (Monday) Where do i stand on this, can i make a claim against the retailer under the sale of goods act as the freezer was obviously not fit for purpose? Please help thanks in advance angie
  2. Hi all, Just found this thread and need some help. Long story short , mortgage was with GE Home lending; without any notification from them its has been sold to Engage Credit. The issue is payments have still been coming out of my account in favour of GE, the first was forwarded to Engage and they accepted it. Engage sent me a letter wanting to know the relationship between bank account holder and mortgage acconut holder claiming it is company policy that they do not accept any payments whatsoever from third parties or persons not party to the mortgage they also wanted a copy of my insurance docs. i wrote to them sending a copy of insurance doc and explained that the payments are coming from an account set up in my maiden name as the marriage has broken down ( mortgage is still in joint married names as went to court to fight a repossession order, it was suspended but at the time GE refused to take my exhusband off the mortgage even though he no longer lives at address or contributes to its payment. Alo pointed out that that i not company policy as they take payments from DWP and they are not party to the mortgage - (not the case here as i don't qualify apparently but if yu are entitled DWP can pay interest only ) Anyway i know they have received the letter as had a response saying thanks for insurance doc - followed by another letter saying they have put their own insurance in place the payments for which will be added to my mortgage payment and if they are not paid by the first of each month interest will be charged for each days its late - yes that is a cock up , their insurance needs to be removed as i have already got my own insurance and they have acknowledged that - will be writing to them again today. they acknowledge the insurance doc but have not mentioned or acted upon the name change a a result payments have come out of my account to be returned by Engage Credit. i have asked for a new account number and sort code so that i can set up a new DD but still have not got one - they have now returned three payments - a fourth went out yesterday, has not been returned yet but i am waiting for it. How do i force their hand to get an account number or get them to accept the payments that have been made from the same account for 2 years, its almost as though they are desperate to build up the arrears to get it back into court again and subject to another repossession any help would be much appreciated, have emailed and written, don't want to phone as need everything in writing thank you x
  3. it's ok Caro, i am not taking anything as criticism, as totally agree with you, fully appreciate we broke the contract in that sense by not paying, we have never debated that side of it, it was as result of circumstances that were beyond our control. When we bought the shop there were no plans to build the racecourse or bypassing the road through he village so it was not something we could have known about and catered for in advance. We have always been willing to pay what we lawfully owe. That is partly why we have not made payments since being back in employment _ natwest are not really interested in recouping what they think they are owed to be fair, this has not been about us MAKING PAYMENTS from the outset it has been about asset stripping, we offered payment when we were going through the bankruptcy and Stat Dec but they wouldn't accept - payments now would just amount to throwing good money after bad. IT is just a very unfair way of operating - wouldn't be so bad if we just defaulted on the loan and had no intention of meeting our obligations - we were just trying to do whats honorable and would rather see the place used and up and running or rented out rather to just sit there and fall into even more decay. It's a tiny community that everyone is being driven out of as the developers want the land to explain the housing round the racecourse. 25% of the housing they have built was supposed to be affordable housing , but no one from the village has been able to move in, they have all been bought has holiday homes, short lets, by investors and the rents are skyhigh because they overlook the racecourse. The intention i presume is to buy up and demolish our little terrace with Natwest getting a backhander
  4. It was suggested criminal proceedings as what they have done may be fraudulent - don't know, haven't looked into this route yet and don't know enough about it - i thought it was more to do with contract law and the fact that the contract is supposed to be flexible hence the name "flexible business loan" yet they refuse to budge - don;t know enough about that either !!!! The property is in negativity equity they will not even scrape half of what they think they are owed, should it go to auction, the property has been on the market on and off since 2008 with very little interest due to the location, the price ie what's needed to cover the loan amount and the fact that it is in a state of disrepair. As far as the council are concerned, not a priority as i am intentionally making myself homeless and no dependent children, so very low points and therefore they are under no obligation to do anything, there is a ten year plus waiting list in this neck of the woods. cannot private rent with no deposit or rent in advance, would not be entitled to housing benefit anyways as i earn just over the threshold and have assets of more than 16k as far as they are concerned until the property is sold
  5. see that's the issue , its NOT a mortgage, never was, that's why the Stat Dec and bankruptcy was chucked out of court as Natwest kept referring to it as a mortgage. It was a secured flexible business loan. Been through National debtline, Shelter, CAB, local and online solicitors and no one will touch it with a barge pole. The best advice we have had so far is to hand the keys back under protest and duress and start criminal proceedings against Natwest, but the does not help at all with somewhere to live as the flat above the shop is currently occupied, that leaves me homeless which means i will lose my job
  6. yes it went to court, first hearing was adjourned for 14 days as legal representation on either side didn't bother to turn up, we claimed that if no one bothered to turn up technically there was no case to answer, but judge was having none of that. At second hearing we were pretty much railroaded. talked over and not allowed to speak as we were representing ourselves due to the fact that we had lost faith in the no show and no one else is willing to take this case on as it has been going on for so long and is so convoluted. Second hearing had a delayed start as Natwest barrister submitted a witness statement which we claimed should either be disregarded or the case should be adjourned again as they had 14 days to submit that, and had deliberately left it to the 11th hour so that we could not include it in our defense. Natwest was ****ed off at the request for another adjournment demanded and immediate possession claiming enough time has been wasted for a pretty much open and shut case. judge agreed that enough time has been wasted, referring back to the statutory demand and the bankrupcty order (both of those were chucked out because Natwest were ordered to rely on the security seeing as it was a secured loan). yes we submitted a income and expenditure formed and could show that we could now meet the original payments and were willing to extend the term - the only reason the payments stopped was that the business failed (as explained above) and after closure was in receipt of JSA - circumstances have now changed as working etc also flat above shop is home where i living property is not just a business property, in reality the shop could be rented out to raise further income or it could have a change of use and the bottom could be converted into another flat which would provide additional rental income. Natwest refused to accept the £574 demanded ££1,121 a month or immediate possession, could we agree to and maintain that? No, therefore possession was granted suspended for four weeks so we can find somewhere else to live with permission to appeal refused.
  7. Thank you Caro!! there have been no payments for 5 years but not for the want of trying.......... we kept natwest fully informed of our difficulties when business was open , explaining about the loss of footfall / passing trade etc and the expansion of the local community ie racecourse and housing which would hopefully increase trade once road through village was reopened but rather than accepting reduced payments or a payment holiday they demanded the whole amount which was unreasonable and way beyond our means, they went straight for the stat dec and bankruptcy thats why business closed and payments ceased. i do not think the loan has been terminated as such as they are still willing to accept payments of £1000+ a month even though account has been passed to shoosmiths. i just think this is a deliberate and irresponsible conversion of good debt into bad debt, they are trying to just get the debt off there books by inflating the repayments to an amount they know is not achievable and was wondering if there was anything we can do as now employed and we have offered same repayment (£574pm) and are happy to extend the term of the loan until our circumstances improve , but they are having none of it and seen intent on asset stripping
  8. it was originally over 15 years the loan was taken out in june 2005 but repayments stopped 2010 when the business closed
  9. possession was granted on 15th june, but i was given 4 weeks to move out - which i have done into temporary accommodation - some possessions are still there - have been negotiating during that time have submitted an income and expenditure form a nd made a offer to repay, was told that because i had submitted that offer natwest would not enforce the repo order in 13th july - which they havent. i was hoping they would get back to me accepting the offer but they have left it til the 11th hour to refuse it stating they want over £1000 a month This is the same as what they done in court - i submitted my defence - they did not response until the day of the hearing
  10. Hi All , need some help with a very long , ongoing saga with natwest.... has a business loan from natwest for £59.950.. . this was back in 2005 ( bought village shop) long story short had to default on loan as business failed in 2008 , limped along until 2010 .... ........ was hoping it was a recoverable glitch due to losing all passing trade as a result of a major build in the area .. ......was hoping to build business up again after opening of housing estate and race course etc from 2010 natwest went for bankruptcy and failed via a stautory demand they also went for a charging order on residential property but failed recently been to court for repossession whereby they won possession order........ ........... submitted a defence that was immediately thrown out.............. refuse permission to appeal still trying to negotiate with natwest four weeks on, as since 2010 been unemployed but an now working and would like to resume payments as even thought business is no longer trading i am actually living at the property after marriage breakup Issue i have is that natwest have now doubled the repayments from £574 to over £1000 a month which i cannot afford what i want to know is , are there any arguments that can be used concerning the fact that the increase is unreasonable? i know that this is not the same as a rental agreement BUT i am living there and there are rules about excessive rents and i am sure i have read about there being regulations that concern a minimum amount that you need to live on. this is in rural wales and the average income round here is not one that would allow for that sort of repayment each months , if it was repossessed and sold at auction no one local could afford a grand a month just at a loss as to want i can do to keep a roof over my head, i know there is nothing that can force them to accept, however certain regulations and their credit licence guidance says they must exercise forbearance and work with you if you are in difficulty. it seems all along all they are doing it working against me. running out of time now and dont knwow hat else to do i would be very grateful for any suggestions
  11. HI Newstarter, the judge did not give a reason, in actual fact after reading what was put in front of him he did actually say that yes he could see what was offered was reasonable and more than the claimant had asked for but.... he was still going to dismiss it. My solicitor objected, but before she could put forward a valid reason why he came back with "it would not be enforced for 8 weeks" ( effevectively suspending it - despite it being "dismissed") to which the claimants barrister objected demanding that it be enforced immediately - the judge them coming back again with "the courts were not in a habit of enforcing evictions before christmas." The solicitor, did say before we went in ( urs was the last of the day ) that it "was not looking good - as he has dismissed all of the previous applications that day " surely all cases should be judged on their own merit.
  12. HI Ell -enn, no not yet, although solicitors have been appointed on both sides and finance on the buyers part had been agreed ( offer made and accepted)
  13. HI folks I am back again. We are still at the house and GE are still like a dog with an old bone. We have been backwards and forwards to court with various eviction notices. i shall try and fill you in as briefly as possible. April 2009, With regards to the shop, natwest tried to make us bankrupt but failed as they declared they did not have a "secured" interest in the business - they have and we proved it via land registry. they were ordered to rely on their "interest" ie go for possession first. Which they still have not done. We finally had to cease trading June 2010, the shop has been marketed all this time and we now have a buyer and sale going through, althugh natwest are ignoring all requests for a redemption figure???? Apparently the requests are being treated as complaints ?? 18th august 2010 GE Money issued us with an eviction notice again to be executed 1st september 2010 - on the 20th august my dad had a stroke and died on the 3rd sept We applied for a stay of eviction on the grounds that there was a pending benefit claim ( trying to claim income support after business closed in june , still no decision made) application to stay eviction was refused on this point but adjourned until 12th november so that we can submit more info into the court re; the proposed shop sale. Went into court on 12th november , with confirmation of shop sale, solicitors details ect and a sworn affidavit stating arrears to be paid from proceeds of shop sale. Also included confirmation that i am now in receiot of benefit and offering the monthly instalment plus £200 off arrears each month until shop sale completes. Claimant demanded monthly instalment plus £82.73of the arrears each month judge accepted our income and expenditure form and noted that we are offering £117 per month off the arrears MORE that the claimants request but still dismissed the application to stay the eviction but stated that "the eviction is not to be enforced for eight weeks as the court is not in the habit of enforcing evictions before christmas. And he grants us leave to appeal when the claimant gets a new bailiff date " ???? The order came thrugh with 6 weeks on it NOT 8, we now have a new date for 10th january 2011 We are currently making weekly payments by standing order for the monthly instalments PLUS the £200 we offered that the judge refused Obviously we will appeal again , but where do we go from here.........any suggestions............
  14. HI there, I was wondering if someone could clarify something for me as i have been searching on the web and have found nothing relevant as yet, if i do find te information i am looking for i will post it up here. i have an issue with High Court Enforcement Ltd who entered my shop claiming to have a warrant of execution to collect on a debt. This a debt that has supposedly gone to court and jugement was made against us despite us never receiving any paperwork notifying us of legal action. we told the bailliffs that we did not know anything about the hearing and has received no paprwork whatsoever , this was the first we had heard about it, we were told that was irrelevant as the paperwork has been sent first class and was deemed received regardless of whether it was delivered or dumped in the local woods by the posty. the bailliffs proceeded to levy on all the goods and equipment in the shop regardless of being on hire purchase or not, we told then it was an illegal global levy and that it was on the tools of our trade to which they have claimed that tills and shop equipment cannot be regrded as tools of the trade as they can be operated by a third party and are therefore not personal. we sent notices to the baillifs stating the above and that we were not actually the defendants on the warrant anyway, nor was our premises as named on the warrant ( it has the old owners shop name ) furthermore we noticed them that all chattels and possessions on the premises were privately owned. the bailliffs agreed to suspend the warrant for two weeks so that the matter could be sorted out with the supplier, and as a gesture of good will we paid the small amount that was outstanding - ( last paperbill , before we took over) seemed alot less grief and we wanted to get the matter sorted ASAP The supplier has received the payment and has accepted the payment , we have eletronic proof of delivery and recorded royal mail barcode etc but upon receiving payment the supplier has instructed the bailliffs to lift the suspension and enforce the warrant. we have been give 5 days to pay again or arrange an installment plan or the bailliffs have advised that they will be breaking in whether we are there or not on order to size the levied goods - at no point have we signed a walking possesion order - i wrote refused for cause - invalid levy across the orignal form they left and sent it back to then - and they will do this regardless of the fact that there will be a minor on teh premises ( my daughter) with additional fees this has now escalated to well over £1000 and i know there is not enough in the shop to cover the debt if it goes to auction - thats is the take all the shelving as well - its a tiny village sweet shop if what they seize is not enough to cover the debt can they come back again to try and seize goods in payment of the balance , or is one seizure all they get. What they happened to any remaining debt? we cannot be there when they intend to break in my 17 year old will be as we will be in court attending a bankruptcy hearing. situation seems to be we lose everything if we stay and lose everything if we go - can't win the bailliffs have said if we have a problem we can phone the police when they get here, which we dont want to do as we know the local village police that will turn up. In a previous encounter with bailliffs they stated they were there to assist the bailliffs which we know is untrue they would only be there to prevent a breach of the peace, we made a formal complaint then about the actions of the police and the case was refused and returned by the IPCC
  15. thank you everyone , so much for all you help so far , i have finally stopped shaking now , just want to note on heer as a point of refernce that hubby has just taken a photo of both my arms this eving becuase fingertip bruises have come out where the police officer grabbed me . that is resonable force is it ?
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