Hi, yes that is correct my lender took the same stance, my house has now been sold and completion is done, when I received the court summons I asked for it to be adjourned so the sale could proceed the court agreed, so the solicitors went back under their rock for a while, it gave me the time to breath and o sell the house, hold tight and good luck.

Tip top, got an email from the sub prime scumbags solicitors today to say the Court have adjourned this matter generally with liberty to restore and the hearing of 16 June 2014 has been vacated. so the hearing has been cancelled wonderfull, now I can breath and sell the bloody house!!

Thanks born this way I shall indeed do that I shall also chase them for all the £35 charges they have put on the account.

I have filed my defence and I have also requested an adjournment to allow the sale to go through smoothly, I have been in contact with the sub prime mortgage lenders solicitors and sent them a letter from the buyers solcitors stating a completion date and also the memorandum of sale.

I think I have all the bases covered or do you guys think I have missed something?

Thanks for all your help so far.

Thanks, I have pushed the solicitor the buyers solcitor is just finishing the final searches then we are ready to exchange I have already signed the contract and transfer deeds, now I have received court papers for the 16th june, guess I will defend and return the defences forms.

They know full well its near completion my solicitor has written to them and they have written back, there reasoning is based on no suitable arrangement is agreed and it might fall through even though they know the buyers are first time buyers with funds in place and no chain.

Yes it will with 24k equity I'm hoping the lender will have the full sum owed before the hearing and I will defend

Hi,

I have sold my house due to being unable to pay mortgage wife leaving me etc, but I have about £9,000 in arrears it is only a couple of weeks away from completion but the lender wont wait and has issued repossession hearing in about 6 weeks time.

I could exchange contracts any day now advice on stopping the hearing please and what happens if the lender is paid off before hearing?

Thanks in advance for any help or advice

Yes, if you dispute the payment, talk to the banks fraud or debit card dispute team.

I had a £30 no waiting ticket on my car did not pay and Marstons came round and added £320 and they can do that legally? I always though English law was based on being reasonable according to our laws £300 for a man to take my credit card details and then charge me a credit card fee is reasonable the mind boggles!

I will try to find the order thanks for your time guys

sorry guys then I guess it was from SCM sorry it was over 2 and a half years ago and the account was last used nearly seven years ago not an excuse I know, I cannot find the consent order, I remember sending it to county court though

I could afford it at a push maybe £20 would be better, I seem to remember just interacting with the court I may well have defended the action, yes I signed the order but it was from the court im sure

If it was my responsibility by law to seek out the creditor why has judgement simply not been issued against me?

How can I oppose it? all I was going to do was ask to carry on the consent order at a small amount as I have large priority debts and the reason I did not pay was because I had to pay these first and I had no idea where or to whom I sent the money to SCM are difficult to get hold of and like you said it is just as much my fault as theirs

I think its an N244 application notice it says that SCM are applying that the stay be lifted and judgement granted for the balance outstanding because the defendant has failed to make payments in accordance with the consent order

They have not attached a draft of the order they are applying for they do not want a hearing, no one should be served with this application the information they are relying on is

1. A consent order was sealed at county court in Jan 2010

2 The Consent order stated that the defendant would pay the sum of £xxxx by installment s of £30 per month or the claimant be at liberty to enter judgement.

3. The defendant has not made any payments in accordance with the consent order the sum of £xxx remains outstanding to the bank.

4 The defendant has failed to adhere to the terms of the Consent Order and I therefore ask that judgement be entered against the defendant for the sum of £xxx forthwith

The DJ has ordered that this application be listed for hearing

The hearing of the claimants application for an order (see copy attached) will take place on blah balh at the court 15 mins have been allowed The claimant is to pay the additional fee of £35 by no later than the 15th June

The consent order just stated that it should be paid at £30 per month until the debt is paid nothing more nothing less no charges have been added for many years

No they have never sent me anything apart from today with a statement of costs, to be honest all I can remember is that the court sent me the consent order not SCM.

This account had bank charges refunded but the account remained in arrears attracting more charges thus the debt today, which is why I was at pains to pay it, please tell what information you require and I will endeavour to explain it to you if I can.

Today SCM have sent me a statement of costs which total £317...why do I have to pay I did not ask for this hearing oh well let them add it on can't get blood out of a stone!

any hows I have had priority debts that have had to be paid and as I have had no contact with Lloyds these came first if the judge wants to enforce thats his perorgative I can only afford to pay very little towards this debt which I will explain

The claimant did not want a hearing, they wanted it enforced which is natural, but for some reason the judge wants a hearing to maybe give me a chance to explain why it has not been paid I guess, no the schedule just said £30 a month after the consent order was made I heard nothing more for 2 and a half years until now

I thought as much, thanks Andy

For what its worth no contact has been made from me to scm or from scm to me for 6 years only the court has contacted me, doubt that makes a difference though

Hi

Cut a long story short a debt for a current account last payment made over 6 years ago in May 2006, court summons received in Jan 2010, case stayed with consent order sealed at court, no contact made from creditor SCM aka Lloyds TSB to arrange payment 2 and a half years later 6th June 2012 a notice of hearing application arrives just after the 6 year limit, I have to attend court next Wednesday, I am prepared for this but one question is it worth me even mentioning the statute of limitations or is this not allowed due to the consent order.

thanks for any advice/abuse received

read all those still not convinced the level of the charges are fair and reasonable, no chance of getting a breakdown of what their charges actually cost though

Yep I can see why I left here years ago, thanks for reminding me ostrich, and thanks for the links ploddertom, you are like the old school cheers