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Everything posted by greatburdon

  1. Thank you ploddertom for responding ... The non-payment and arrears accrues due to a number of factors but of course they are real and I have to deal with it. My position has now improved but there is no way that £7k can be paid in one payment which is what the bailiffs have stated. I will never let them into my property so that would appear to prevent them from 'walking possession' the only assets that I can therefore see them taking would be the vehicles, mine whick is worthless and the wifes which has value of around £3k but was paid for by her is in her name and therefore they may have difficulty there (at least I will be arguing that they cannot takeit) she also needs it for her small business. As the max. they could raise if they only took my car would be around £300 9it is a real banger) and with no goods as I wont let them in , wil it then get returned to the council who will take the steps ploddertom suggested? They are returning in the morning and my wife is sick with worry ... Thank you
  2. Can anyone please advise whether I can get this alleged debt back to the council and make some sort of arrangement with them or is it too late?
  3. Hi HCEO the car was bought outright by her and is in her name, thank you for replying
  4. Thank you for the reply, I will find out if the order is for 'those liable' or solely in my name, Can anyone please advise how to deal with Equita, do I ignore and/or make a court application regarding the arrears.
  5. Had a visit from Equita this morning regarding 3 years arrears amounting to over £7k .. The demand was to pay in FULL immediately this sum, he showed me that he had scribbled down the registration no's of our two vehicles, one being mine the other is in my wife's name. My questions are ... The council tax is solely in my name does the bailiff have a 'levy' over my wife's car? but more importantly can I get this account sent back to the council by applying to the court and try to negotiate some sort of payment plan? What do I do with the bailiffs as they threatened to return at 5pm if I don't contact them. I will of course not be allowing them entry into my home...Thanks
  6. Thank you for your response Lea - I greatly appreciate your advice ...Thank You
  7. Hi Ell-en, The judge basically said the length of non-payment was causing him grave concern, there had been ample time to resolve issues and simply not paying was something he could not understand. The mortgage appeared to him to be perfectly valid and he agreed that a possession order should be granted. The judge looked at my offer but did not really comment and focused more on the non-payment and therefore the enforcement. Lea .. Any sale is unlikely to be completed in 28 days .. the market is slow and a house 2 doors down has been up for sale for 18 months so that is unrealistic .... As far as borrowing money goes I would only do so if it was certain that would save the house and judging by your response that may not be so. To say i'm devastated is an understatement and am now at a total loss as to any way forward. GB
  8. Thank you for your help ... Judge gave 28 day possession order so I assume I will get a notice for eviction. As there is equity in the property can I place the property on the market and apply for the proceeds to be paid from there. I may be able also to beg from my parents a larger sum to pay off the arrears in the hope of staying in the property. Am I clutching at straws and there is nothing now that can be done? Thnk you Ell-en and Lea for investing your time in me. GB
  9. Thank you again Lea I will pm Ell-en and request to see a duty advisor prior to the hearing. I will outline as part of my defence the proposals i will put to the Mortgage Co. Must admit I think things are looking extremely bleak.
  10. Thank you for your replies - You mentioned seeing a 'duty advisor' who is this and what is their role? I will contact the mortgage co. 1st thing on Monday with a proposal and see where that goes. Do i need to file a defence? and can someone (Ell-en) help with that? Thank you
  11. Oh - No there is no endowment policy in place to repay the capital. GB
  12. Hi Lea Thank you for taking the time to post that detailed response. My current monthly payment should be 813.40 the last payment i made was 1,483.15 on 1st april 2008. The mortgage was taken out in June 2006, so nearly 2 years payments were made not 9 months as my memory thought. I can offer to pay the arrears spread over the remaining period as outlined in your first point, although I understand that this is a 'CAN' and is perhaps unlikely to be accepted. I understand your points two and three. Point four - There is a possibility of borrowing from a relative but the max. that i realistically think that would be is around £5k. Point five - I can afford the 813.40 and an amount upto 300.00 to start payments and chip away at the arrears. Finally - I am not sure that i can get the property on the market before wednesdays court date but will ask for that to be done with local estate agents. If Ell-en could help with form filling that would be great. I do hope i can be given some sort of opportunity to try and recommence with monthly payments but have noted and understood how the situation will look to the court given what you have said. Thank you GB
  13. Hi Lea, 1.Its an interest only mortgage taken out in 2008 with 20 yr term 2.I paid for roughly 9 months in 2008/9 3.The 'error' came to light early 2009 when i received a letter from optima legal on behalf of mortgages plc saying the mortgage deed had not been signed by me and instructed me to do so - I took advice at that time and was told the mort. contract was not fully in place and thats when i stopped my payments .. April 2009 4.i do not have 36k to pay them .. I can afford to re-commence payments and add on to start reducing the arrears. 5.i.r.o. £500 per month 6.I can now afford the payments ... the re-mortgage was a sub prime and the broker invented my income at that time to fit the sum advanced .. It was unrealistic. 7.not had valuation but would say around £450k on the open mkt. Thank you for trying to help .. much appreciated
  14. Thank you Ell-en - the fact that they have not really pushed for 3 years was in the opinion of the 'claims rep' a positive as he said the paperwork did not appear to be in order - hence do not pay.
  15. Ell-en there is nothing in writing ... The mortgage company is Mortgages Plc. Is the mortgage deed which has not been signed and therefore not in place something that legally needs rectifying and I can use to try to negotiate a payment plan?
  16. Hi Ell-en The advise came from a claims company representative. I get the impression that this was wholly wrong - I am just wondering what I can say at the hearing and how I can perhaps come to an arrangement to clear the arrears by recommencing payment with an amount added to the monthly payment? I am really worried and unsure how to approach the situation. Thanks GB
  17. **BUMP** Hi - My court date is next Wednesday and I am not sure what to do ... Is there any help out there please?
  18. Hi - Not sure where to start as my I am extremely anxious and need to deal with this situation. I have received a court date of 6th april for arrears on my joint mortgage. I have not paid since April 2008 as I was advised that there was an error in my re-mortgage and the paperwork was not in order. The Mortgage Deed had not been signed and although the lender had asked on numerous occasions for me to do so I was told that it was their problem and I should not sign and as this formed part of my contract there was no requirement for me to pay the monthly mortgage. Having received this court date I have made further enquiries and this advice seemed to be incorrect as it is easily rectified by the lender by an attendance at court. I am now 3 years in arrears to the tune of over £36k on a £323k mortgage, the mortgage was a self certified re-mort with mortgages plc and there are issues with how it was shown i could afford the payments as the figures were 'massaged' by the brokers to prove affordability but thats a seperate issue. I am not in a position to pay any lump sum but would come to some arrangement to pay the monthly + an amount off the arrears if that is the way forward...As time is getting short should I contact the lender 1st to see if an arrangement can be made or do I attend court and do it that way? Thanks in advance for any help.
  19. Hi Elsa - Yes First Debt gave up eventually and it was passed on to the next parasites. It is sometimes difficult I know but it is a case of standing your ground and not being intimidated. I hope the lady you refer to manages to sort them out, I assume she has sent the 'dont phone me letters' and I would advise blocking their number with the telephone company or using true call for peace of mind. If i can help in anyway please let me know. GB
  20. Thanks Diddy - That is one of the points that I dispute, the O.C. claim to have 'lost' any agreement so would argue that a discussion on an account that does not exist would be futile. They are however maintaining that it is an account opened in 1979 and can use just t&c's and 'clause9' - see above - I am not sure when the account was opened but believe it was post 1985 so have asked then to provide documentary evidence of when the account was opened. GB
  21. Thank you for your replies - I did not make an appointment to see them and have now written to them telling them that they are not to call again unless they have a court order. i again pointed out that this account is in dispute with the original OC and should be returned to them for resolution, I await the next step. Thanks again GB
  22. Just had a doorstep visit from a Moorcroft agent. she was told to go away as this alleged debt is in dispute. I was under the impression that their threatened visits were merely that just threats. i know that they require a court order to enforce, is this a new tactic and should i respond to their office? GB
  23. I understand the debate you have been having and now have to decide whether to respond to Moorcroft (the DCA) , the original creditor (Nat West) or just file and wait for the next threat from Moorcroft and decide from there. GB
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