Upsetandfrustrated
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I cleared it all two weeks before receiving their Stayed with Liberty to Restore notice arrived at home.I suppose it’s time to try and get my MP, or other publicity on it. The chap in the arrears dept said they have standard procedures we agreed.Yet we never did agree, we never had our mortgage with them. We took our mortgage out with Bradford & Bingley.The mortgage was transferred over to them around two years ago, at the same time, our Interest rate increased by 1% as per their standard terms.The issue we have with that is they call themselves “Bradford & Bingley”, the next its “Mortgage Express”. Its putting a great strain on us.
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Andy, Yes, that’s it, you have it 100%. The claimant stayed their application with Liberty to Restore. I was sent a notice from the Court that the Claimant had agreed to Stay the claim with Liberty to Restore. It never went as far as the Court. I phoned the local CC this morning and the woman on the phone said that if I paid their claim including costs, they must update the online form and inform the Court that it’s been paid in full and therefore they must Discontinue the Claim”. She pointed me to the MCOL guide page 20 ”If at any stage of the proceedings you decide you no longer want to proceed with a claim, or if it has been paid in full, you must click on the ‘update claim status’ button from your homepage. Please note that the information may take up to 10 working days to be recorded onto the court system. Remember - it is your responsibility to inform the court that a case has been paid and should be discontinued. You should also inform the defendant that you have taken the appropriate action to update the claim”. on that basis isn’t Mortgage Express breaking the rules by not following CPR 38.2(b) b) where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), Any help would be great. I do not know why Mortgage Express are taking this stance, I paid as per our arrangement (we told them I would receive a large payment on X date from a Customer and once I had it, I would pay them. Come the day, full payment was made. I gave it a few months before calling to ask for them to discontinue their claim. I argued my case with a person in the unit that deals with arrears, he put me on hold and the next person I was talking to was their Solicitors. He hadn’t a clue why Mortgage Express had put me through to them and said “if you have paid several months ago and paid all their costs, I don’t understand why they have not contacted me to arrange for a notice to be sent to the Court. That’s if you are in agreement”. Does this look like I will have to go to the Court myself and ask it for a Discontinuance? thanks everyone
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100% we never had a hearing, nor did they get a possession order. I have had it confirmed by Mortgage Express and the Court. The chap in the arrears dept said he will not discontinue proceedings in case we go into arrears anytime between now and when the Mortgage is paid. I feel I have the Sword of Damocles over our heads.
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Hi Dx100uk, No, we never even had a hearing. I got as far as receiving their N244 claim pack. They agreed to suspend any further action and the proceedings were stayed with liberty to restore.
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Hi BankFodder, Thanks for the advice, the manufacturer is Miele.
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Just an update, Because I suffered a medical issue, ME applied for “Stay in the process, with Liberty to Restore”. We cleared the arrears in May, have just made July’s payment and asked ME for confirmation that they have discontinued their application (we never got to the going to Court stage). I got told by the operator in the Accounts dept that he would not do so as they would, if I ever missed a payment again, apply to re-continue the original application from November 2019. Is this Right? As we have no debt with them, nor the fact we never got to the hearing stage, how can I have a repossession hearing hanging over my head? I told them that I was going to go into arrears before I actually went into it because of an upcoming operation and that I had not been able to do any work for a few months before hand, I was paying the Mortgage out of savings. To be told they can simply reapply to have a hearing for an event that is not only in the past by nine months, one that I had paid for. I even paid the £450 Court fee’s and Solicitors costs on the account. Can Mortgage Express do this?
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Hi, I hope I have the right forum. In short, We purchased an “American” style Fridge/Freezer Three months ago from a local electrical shop. It’s bieen trading since the late 1800’s so felt that there would be no problem if anything went wrong, and I would support the High Street. Two weeks ago the shop went bust, in fact it’s been emptied already as the liquidators say all stock was owned by the suppliers, the shop paid when they sold the item. At the weekend our Fridge Freezer started bleeping and got warm/defrosted the Freezer items. I have contacted the name and number on the shop door, but they tell me I will just be an unsecured creditor (the current/former owner is the Gt Grandson of the original founder and well known in the Town). I have no credit card cover due to paying cash for the item as he gave a “deal” and reduced the item from £1,949.00 to £1,749.00 if I paid cash on the day. I have the warranty from the manufacturer, as perversely it arrived in the post today after we registered it online when we had it delivered. It tells us to contact the retailer in the event of any problem, but there’s no longer any retailer. We borrowed a small small chest freezer from a friend and got a cheap second-hand Fridge from Facebook so we can have some Fridge facility. Both the wife and I are cheesed off as we had to have the broken one plumbed in, new plug fitted and a radiator moved. I simply cannot afford another one to cover the pipework made necessary by having the now broken Fridge/Freezer. Can anyone suggest anything else I can do?
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Thank you so much for your assistance. I am really grateful.
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Thanks for your answer Speedfreek. I assume in the question I posed and others like it I would say "No" then expand on that in the text box why?
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Hi, I hope someone can help me as I have received a form from the DWP telling me that my DLA claim is coming to an end and I was to complete a form claiming PIP if I wanted to be transferred to PIP. I told them that I would like to and have the form. My problem starts with question 3a, onwards. Do you need to use an aid or appliance to prepare or cook a simple meal? * Perching stools, lightweight pots and pans, easygrip handles on utensils, single lever arm taps and liquid level indicators A - Yes B - No C - Sometimes. My problem is I cannot stand unaided, even then only for a short time and drag my leg while moving around the house. The doors are not wide enough for the wheelchair to be moved from one room to another without taking off the wheels, collapsing the back and reassembly, so its left at the bottom of the stairs. My condition has left me bed-bound after an accident in 2010 during spinal surgery. Since then, I have had 31 additional operations to try and help with the pain. I have footdrop on my left leg and can honestly say I have lost count of how many falls I have had breaking arms, elbows, shoulders, jaw, lost teeth and several concussions, I'm into double figures for hospital stays, social services got involved because they thought I was victim of my wife beating me! I had one hospital stays, but one that cuts to the heart on question 3a. as due to scolding on my Torso and "other" areas when I tried to make a cup of coffee and carry it to the living room. the crutch jolted the cup which spilled liquid that made me fall bringing the contents of the cup and part of the kettle as I reached for a worktop only pulling the kettle over the side and on to me. I cannot answer A, as I cannot do it ever, nor, B or C. What do I do when I cannot answer a question? Help would be greatly appreciated.
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Andy, I received a letter this morning with a date next month. They have never sent so much as a default notice, they commenced action 20 days after having our last payment. The Crisis Team who are treating me have written to them, however, they have said they will only discuss any repossession delay once they have had Judgement. I am helpless as being bed-bound, the next visit from the Council is next week, I am worried sick that there’s no options left.
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Sadly, I have a mortgage with Mortgage Express. I never wanted one with them, never knew they were a sub-Prime lender. I believed they were a regular mortgage lender when we first signed for it as their rates were roughly those I had on the High Street. In October I missed a payment, due to illness. I phoned and told them I was ill and would make a payment as soon as I could. They asked to be kept informed. In November, I managed to do some work, and made a payment that was equal to 2/3 the regular sum. However, twenty days later on the 30th of November I received a letter from Hamblins Solicitors telling me that I needed to bring my payments up to date and on the same letter told me they were “attaching Statement of my account”. I had two pages of my statement of my account, payments, interest, payments, interest, missed payment etc. I continued to receieve anything between four four and six phone calls from Mortgage Express, which I answered for the first week, but got fed up of explaining and confirming that I had reached agreement to pay the arrears when I was fit and had returned to work and stopped answering the phone calls. At this point Mortgage Express started to text me too. I cannot change my number as I have had the same phone number since 1988 and have customers call me out of the blue who last used me in 1990. On the 25th January, I received a “Statement of Account” letter informing me that I would have a County Court date in March for repossession. This letter made me very ill, I was put on strong medication and taken into hospital. I was deemed to be better last week and told I could go home, but to be careful to my movements as the several operations would take a while to recover from. Only today have I felt strong enough to go through letters and correspondence. That meant speaking to Mortgage Express, I had a long conversation with one of the service team and queried why they were taking me to court for repossession of my home. I told them I was still bed-bound and that it’s a life changing event I would have to deal with, but once better I would be able to return to work and pay off the arrears. I was told by them that the matter is now in the hands of the court and I could ask for an extension in not being repossessed. My questions are : 1. Are they in their rights just to send me a statement in the same November from their Soliciitors despite the fact I had made a payment and was now 2.1 months in arrears? 2.Is it right the first I know of any Court action is at the end of November with a Court date? 3. They appear to be saying we are going to court to have it rubber stamped? 4. What can I do? There was no notice of going to court either from Mortgage Express or Hamblins until they had done the deed. Thank you you for your time.
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May not be in the correct forum, Mods it needs an idea of both legal and more importantly, DWP. 1. I have DLA awarded since 2008, Mob - High, Care - Low. 2. In 2015 I was run over by a car driver unhappy in having to wait for me to cross the road (slowly) on my crutches. 3. I sued the driver who was convicted of a host of offences. 4. I wasn't awarded anything under CICB payments, I had to sue him myself. 5. The Drivers Insurers have now offered a take it or leave it sum. 6. I know my Solicitor will have to complete a CRU 7. I have searched the net for days for the rulings, appeals etc and have not found the answer which differs from my Solicitors (who I do not believe knows the subject) opinion that the CRU will deduct 38 months of my DLA. 8. Had the accident not happened, I would still have claimed DLA as my disability/qualification was assessed nearly 8 years before on a separate matter. 9. I am on operation 38 for my disability, I will never get better and will die with the same problem. Deduction of my DLA under the CRU would be unjust, wouldn't it? 10. Can I prevent the deduction, using case law, or the rule with respect to my circumstances, or do I have to swallow the loss of money that could have really help me buy new items, not cast-offs to help my disability? Any authoritative response would be most welcome. Thank you
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TBH Andy, I would love to know whether they were filmed by the TV. I never asked, save for the complaint I made with the HCEO as I felt they were dragging their heels. I expect Cabot/Reston is a customer so my Writ may have been a nightmare. I was given the name of one director who liaised with me rather than the people in their office. He kept me up to date and gave me an update on the day. I will make sure CAG has a Christmas box. The cash will come in handy now I have passed my LLB, so need to fund my Solicitors training in the New Year. Once I have some experience, I would love to offer my services to the site in the area I am to go into after my year of training. It's commercial & corporate and good to give back.
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Well, a further update. I issued the application to transfer the proceedings to the High Court, obtained the Writ and the HCEO attended. They claimed their Solicitors we're dealing with it and from my point of view left the situation in the air by allowing their Solicitors to start sending letters telling me they were going to apply to the court for a stay and contest the charges. So, the above while not surprising, it was a frustrating move. I simply told them to pay up or see them in court. Eventually I applied to the court for an application to question the directors on oath. That put the cat among the pigeons to say the least! On the day, they never turned up, so the Judge awarded full costs and as I was at the High Court in Birmingham, the Judge awarded costs of the hearing and £952.65 in time lost. He also issued a pay forthwith notice and another Writ of Fi Fa. The Judge also referred the details of the case to the FCA to review their licence as a DCA. I think they really angered him with their total disregard in not even communicating they were not turning up. He also ordered that they could not return to the court in appeal or for a stay in proceedings. This time, when it went to the HCEO, they gave the 14 days notice, but attended on the 15th day with a van. The director turned up at Cabot's reception and gave the same speech he did two months previous. This time, they started to remove goods because they had forgotten they had signed a Control of Goods Agreement. The HCEO's actually took the 70" LCD TV off the wall despite the protests of the finance director. Unfortunately for Cabot, the company doesn't have debit cards, so the HCEO's couldn't confirm direct payment for a few hours. End result. Full payment and CCJ against Cabot for over £2600, costs and HCEO's time took that to just under £5,000. I have also issued a complaint to the FCA with respect to their suitability in holding a CCA while having a CCJ.
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Its over the limit so the HCEO OK. I have spoken to them today, they have told me to wait another week then apply for the transfer to the High Court and ask for a Fi Fa order. They will then go in an apply a levy. I understand from them that they will have to send a 7 day notice of visit. So that takes the surprise away.
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Hi all, I thought this would die, but hasn't. The Judge awarded me judgement against Cabot and a sum, which I will not put on here for fear of them identifying me. The paperwork for the Country County Judgement has come through with an order for payment forthwith. The amount is well over the threshold of HCEO involvement. My question is, do I now wait longer for them to pay me, or do I send in a debt collector? Advice would be appreciated.
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Question is, how long do I let them have before sending in the Bailiff if they don't pay?
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Success! Judge looked at my paper work train. Admonished the Reston's Trainee Paralegal (not got a clue what that is). Set aside, struck out and gave an order that this shall not come before the Court again. (which I hope means will not get another set of threats from another collection agency) Awarded my £155.00 fee back and awarded costs of the morning for me and my carer of £250.00 to be paid forthwith. So, I suppose they were wrong then? Thanks to everyone for their help.
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Hi Andy, The dates above are correct, last contact was September 2003. When I was contacted by Lowell Portfolio No.1. I'm looking at the letter telling them that it was Statute Barred, which they ignored of course. I sent a CCA, SAR, then S.10 letter with £10 PO. It all went quiet, then our months later I get the same letter sent by a company called Red. Again, I did the same. Thanks for your help. JP
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I completed the AOS, did the defence thinking I had a bit more time than clearly I didn't. I was in hospital at the time with a full cast on my arm and having treatment for my other injuries. It was not the first thing on my mind, I did have it done (as in written out with dates of the "alleged" account, dates of asking for proof, and telling the first DCA it was Statute Barred with a notice to that affect). I had every intention of filing it on what I thought at the time was the last day, however, the day before the date I intended filing, I received the judgement. I then had an operation on the 2nd, February on my arm, 18th February on my spine and elbow operation on the 7th March. How do I lay out the form asking the Judge to set aside and strike out?
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Yes, I understand the dates are out, but can I still get it set aside, then aim for a strike out? Any help is really appreciated
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Andy, The form is stamped 22nd, envelope stamped 26th, my AOS on the 5th on MCOL, asking for 28 Days. I worked out that I should have had until 2nd Feb. but recieved Judgement dated 28th Jan.
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Andy, I was in hospital when the wife brought the letter in that was caught up in the Christmas post. I went online via my Ipad, acknowledged service, asked for the 28 days. I believed that gave me until the 2nd Feb (28 days) which was ready to send, however, I have the judgment dated the 28th come in on the 29th. At that time, I was in hospital with an arm in 16 pieces and other cuts and soft tissue damage (the car drove over me). Hopefully you will understand I was not really in the frame of mind from that point. It may not be the right attitude, I am still suffering, but using voice typing software as my left arm is not quite usable. The £1.00 on the account form that I was sent was when the DCA "paid" for the debt. The letters I sent, CCA & S10, had a paragraph on them that clearly stated that this money was not to be used to set against the account. That was also on the Postal Order that they all cashed. How would I do the Set Aside? The format?
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Sorry if I have the wrong forum. In 2001 I had a Brantano Card via Creation. in 2003 I had a business failure and told them I couldn't pay anything. They left me alone and to be honest, they never came back to me. Time went on and I received a letter from Lowell in May 2014, I wrote back with the template letters from this site, the CCA proof £1, S10 form £10 for Account etc. I heard nothing back. in August, the same from Red, again I sent the two letters with postal orders, all via registered post. Then nothing. November I had the same again from Fredericks, again, I sent the same. I had not sent the Statue Barred letters as I wanted to see whether they could produce anything. Then a problem. I got the same from Cabot, I sent a letter telling them of the above and that I was not sending another £11 when nothing has been produced. They ignored what I had sent, then passed it to their Solicitors, RESTONS. who sent me a letter before action, I was to answer it, but had a really bad accident in my wheelchair when crossing the road. (a driver got fed up waiting, zoomed off catching my handle dragging me along the road. I was being treated by the air ambulance on the road for three hours before five weeks in Hospital, three operations etc.) I managed to access MCOL, said I had a defence, i,e. it was Statute Barred, the debtors had not supplied anything proving I held an account with them, apart from a internal printout showing a payment from £1.00 in April 2014 on the Account. £1.00 that was what they paid for the debt. I have since been recovering, got another operation in three weeks time and I am coping with the aftermath of the accident. I have a Crown Court case to deal with, Police and all this compounds my other problems stemming from my disability. Restons got judgement in default on the last few days in January. I have just not been well enough to deal with anything, now I have a Bailiff letter. Its taken three days just to write this out. What can I do? I stress, no payment has been made since 2003. I would have defended the Court Claim had the Accident not happen. Can I get a set aside, then look to dismiss the claim on the basis of Statute Barred? Help and links to letters, court forms would be much appreciated.
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