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Zaq

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About Zaq

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  1. I too am looking for way to figure out the interest charges. Link above leads back to main menu and not tutorial. Any idea where the tutorial might be found?
  2. Success We went to the hearing and learnt - -The laws changes once an order has been executed. So once my son had been evicted, setting aside the order of possession was not a legal option. -Getting entry once evicted is very rare. -Money talks. When we turned up a lawyer for the other side took us into a room to say he'd been instructed to oppose us and allow everything to stand. We offered to settle the arrears as a lump sum. He told us that we could have done that as any time, and then might have had a case. We had been told by the bank a number of times that we couldn't do this! We insisted we had the funds available immediately and as that was a significantly different offer to the previous one of large monthly payments to cover arrears, he got onto the phone, and after a lot of horse trading back and forth, we settled on a sum that we ( I !) could afford and they would accept. We then went into the judge with an agreement. He can get back into the house but if the lump sum is not paid and the monthly repayments are not made he's back to the process of being evicted. The judge accepted that and he added that this was a very unusual case.
  3. Success We went to the hearing and learnt - -The laws changes once an order has been executed. So once my son had been evicted, setting aside the order of possession was not a legal option. -Getting entry once evicted is very rare. -Money talks. When we turned up a lawyer for the other side took us into a room to say he'd been instructed to oppose us and allow everything to stand. We offered to settle the arrears as a lump sum. He told us that we could have done that as any time, and then might have had a case. We had been told by the bank a number of times that we couldn't do this! We insisted we had the funds available immediately and as that was a significantly different offer to the previous one of large monthly payments to cover arrears, he got onto the phone, and after a lot of horse trading back and forth, we settled on a sum that we ( I !) could afford and they would accept. We then went into the judge with an agreement. He can get back into the house but if the lump sum is not paid and the monthly repayments are not made he's back to the process of being evicted. The judge accepted that and he added that this was a very unusual case.
  4. Hearing is tomorrow 7 Sept. Wasn't getting any replies so posted in different place. Apologies if wrong protocol.
  5. Hearing is tomorrow 7 Sept. Wasn't getting any replies so posted in different place. Apologies if wrong protocol.
  6. My son was evicted 25 Aug 2010. He didn't attend hearing 23 Sept 2008 as didn't know any thing about it and in any case was out of the country. The Hearing we applied for under N244 is tomorrow- for 5 mins. He's the draft statement. • I was evicted on 25 August 2010. • I only came to know of the order of possession, dated 23 September 2008, on 27 August 2010. I acted promptly and made an immediate application for a hearing. • At the end of May 2008 I encountered financial difficulties due to non-payment of work carried out, and my income became irregular. I communicated with the claimant and explained my financial circumstances. • Nevertheless, I have paid £8,750 into the account since then. I was working abroad frequently in 2008. I kept the claimant updated regarding my circumstances. I responded promptly to a letter from the claimant’s solicitors received in May 2010. I agreed payment, the amount to include repayment and a reduction of arrears. I have complied as far as I have understood the agreement. I have paid £4,750 between 24 May 2010 and 31August 2010. • I am working regularly. I am confident that I can make the monthly repayments. On 26 August the claimant informed me these are £460 a month. • I can clear the arrears with a lump sum payment. The claimant informed me on 31 August 2010 that the arrears are £9,132.64. • I wish to bring to the court’s attention that I am unable to reconcile the arrears figure given by the claimant as charges are included. • I wish to bring to the court’s attention the claimant’s letter dated 23 May 2008 demanding full and immediate repayment. I assure the court that I am committed to clearing the arrears and respectfully ask that the order for possession is set aside. I believe the above to be true and factual Does the letter 23 May 2008 from HSBC, after 2 months missed, just muddy the waters? Or worth putting in as shows poor handling/ no negotiation with son.
  7. My son was evicted 25 Aug 2010. He didn't attend hearing 23 Sept 2008 as didn't know any thing about it and in any case was out of the country. The Hearing we applied for under N244 is tomorrow- for 5 mins. He's the draft statement. • I was evicted on 25 August 2010. • I only came to know of the order of possession, dated 23 September 2008, on 27 August 2010. I acted promptly and made an immediate application for a hearing. • At the end of May 2008 I encountered financial difficulties due to non-payment of work carried out, and my income became irregular. I communicated with the claimant and explained my financial circumstances. • Nevertheless, I have paid £8,750 into the account since then. I was working abroad frequently in 2008. I kept the claimant updated regarding my circumstances. I responded promptly to a letter from the claimant’s solicitors received in May 2010. I agreed payment, the amount to include repayment and a reduction of arrears. I have complied as far as I have understood the agreement. I have paid £4,750 between 24 May 2010 and 31August 2010. • I am working regularly. I am confident that I can make the monthly repayments. On 26 August the claimant informed me these are £460 a month. • I can clear the arrears with a lump sum payment. The claimant informed me on 31 August 2010 that the arrears are £9,132.64. • I wish to bring to the court’s attention that I am unable to reconcile the arrears figure given by the claimant as charges are included. • I wish to bring to the court’s attention the claimant’s letter dated 23 May 2008 demanding full and immediate repayment. I assure the court that I am committed to clearing the arrears and respectfully ask that the order for possession is set aside. I believe the above to be true and factual Does the letter 23 May 2008 from HSBC, after 2 months missed, just muddy the waters? Or worth putting in as shows poor handling/ no negotiation with son.
  8. ***** Now realised the 4 uncredited months are actually bounced DDs so here's the next draft... • I was evicted on 25 August 2010. • I only came to know of the order of possession, dated 23 September 2008, on 27 August 2010. I acted promptly and made an immediate application for a hearing. • At the end of May 2008 I encountered financial difficulties due to non-payment of work carried out, and my income became irregular. I communicated with the claimant and explained my financial circumstances. • Nevertheless, I have paid £8,750 into the account since then. I was working abroad frequently in 2008. I kept the claimant updated regarding my circumstances. I responded promptly to a letter from the claimant’s solicitors received in May 2010. I agreed payment, the amount to include repayment and a reduction of arrears. I have complied as far as I have understood the agreement. I have paid £4,750 between 24 May 2010 and 31August 2010. • I am working regularly. I am confident that I can make the monthly repayments. On 26 August 2010 the claimant informed me these are £460 a month. • I can clear the arrears with a lump sum payment. The claimant informed me on 31 August 2010 that the arrears are £9,132.64. • I wish to bring to the court’s attention that I am unable to reconcile the arrears figure given by the claimant as charges are included. • I wish to bring to the court’s attention the claimant’s letter dated 23 May 2008 demanding full and immediate repayment. I assure the court that I am committed to clearing the arrears and respectfully ask that the order for possession is set aside. I believe the above to be true and factual The letter 23 May 2008 was from HSBC - after he'd missed 2 months. Does this muddy the waters? Should we just concentrate on the arrears given how short a time we have?
  9. ***** Now realised the 4 uncredited months are actually bounced DDs so here's the next draft... • I was evicted on 25 August 2010. • I only came to know of the order of possession, dated 23 September 2008, on 27 August 2010. I acted promptly and made an immediate application for a hearing. • At the end of May 2008 I encountered financial difficulties due to non-payment of work carried out, and my income became irregular. I communicated with the claimant and explained my financial circumstances. • Nevertheless, I have paid £8,750 into the account since then. I was working abroad frequently in 2008. I kept the claimant updated regarding my circumstances. I responded promptly to a letter from the claimant’s solicitors received in May 2010. I agreed payment, the amount to include repayment and a reduction of arrears. I have complied as far as I have understood the agreement. I have paid £4,750 between 24 May 2010 and 31August 2010. • I am working regularly. I am confident that I can make the monthly repayments. On 26 August 2010 the claimant informed me these are £460 a month. • I can clear the arrears with a lump sum payment. The claimant informed me on 31 August 2010 that the arrears are £9,132.64. • I wish to bring to the court’s attention that I am unable to reconcile the arrears figure given by the claimant as charges are included. • I wish to bring to the court’s attention the claimant’s letter dated 23 May 2008 demanding full and immediate repayment. I assure the court that I am committed to clearing the arrears and respectfully ask that the order for possession is set aside. I believe the above to be true and factual The letter 23 May 2008 was from HSBC - after he'd missed 2 months. Does this muddy the waters? Should we just concentrate on the arrears given how short a time we have?
  10. Order of possession made Sept 2008, to give claimant possession of property on or before 21 Oct 2008. This was not enforced, and the claimant only got round to taking possession 10 days ago, which is when we found out about it. Is this our best defence for an N244 hearing?
  11. We have a hearing on Tuesday to ask for a possession order made in Sept 2008 to be set aside. First we knew of it was when my son was evicted 25 Aug 2010. I've posted on the house repossession site but have a specific legal question to do with the defence we offer. We only have a copy of the court file to go on. There is a letter there from the bank dated 23 May 2008 demanding immediate and full repayment and threatening court action. We've now learnt about the pre-action protocol, it looks as if that letter contravenes the protocol. Is that right? And if so do we bring it to the court's attention? This is what we have drafted for the district judge as the defence-comments welcome, I respectfully request the court to consider the following information • I was evicted on 25 August 2010. • I only came to know of the order of possession, dated 23 September 2008, on 27 August 2010. I acted promptly and made an immediate application for a hearing. • At the end of May 2008 I encountered financial difficulties due to non-payment of work carried out, and my income became irregular. I communicated with the claimant and explained my financial circumstances. • Nevertheless, I have paid £8,750 into the account since then. I was working abroad frequently in 2008. I kept the claimant updated regarding my circumstances. I responded promptly to a letter from the claimant’s solicitors received in May 2010. I agreed payment, the amount to include repayment and a reduction of arrears. I have paid £4,750 between 24 May 2010 and 31August 2010. • I am working regularly. I am confident that I can make the monthly repayments. On 26 August the claimant informed me these are £460 a month. • I can clear the arrears with a lump sum payment. The claimant informed me on 31 August 2010 that the arrears are £9,132.64. • I wish to bring to the court’s attention that I am unable to reconcile the arrears figure given by the claimant as it includes fees and other charges • I wish to bring to the court’s attention the claimant’s letter dated 23 May 2008 demanding full and immediate repayment. Any help gratefully received.
  12. We've only got 5 mins! How's this? I respectfully request the court to consider the following information • I was evicted on 25 August 2010. • I only came to know of the order of possession, dated 23 September 2008, on 27 August 2010. I acted promptly and made an immediate application for a hearing. • At the end of May 2008 I encountered financial difficulties due to non-payment of work carried out, and my income became irregular. I communicated with the claimant, and explained there would be difficulty making the regular repayments. • Nevertheless, I have paid £8,750 into the account since then. I have kept the claimant updated regarding my circumstances. I responded promptly to a letter from the claimant’s solicitors received in May 2010. I agreed payment to reduce the arrears. I have paid £4,750 between 24 May 2010 and 31August 2010. I have complied as far as I have understood the agreement, • I am now working regularly. I am confident that I can make the regular normal monthly repayments. I can clear the arrears with a lump sum payment. • I wish to bring to the court’s attention that I am unable to reconcile the arrears figure given by the claimant, in particular because the payments of 1 August 07, 1 October 07, 1 April 2008 and 1 May 2008 have not been credited to my account. I assure the court that I am committed to clearing the arrears and respectfully ask that the order for possession is set aside. I believe the above to be true and factual
  13. We've only got 5 mins! How's this? I respectfully request the court to consider the following information • I was evicted on 25 August 2010. • I only came to know of the order of possession, dated 23 September 2008, on 27 August 2010. I acted promptly and made an immediate application for a hearing. • At the end of May 2008 I encountered financial difficulties due to non-payment of work carried out, and my income became irregular. I communicated with the claimant, and explained there would be difficulty making the regular repayments. • Nevertheless, I have paid £8,750 into the account since then. I have kept the claimant updated regarding my circumstances. I responded promptly to a letter from the claimant’s solicitors received in May 2010. I agreed payment to reduce the arrears. I have paid £4,750 between 24 May 2010 and 31August 2010. I have complied as far as I have understood the agreement, • I am now working regularly. I am confident that I can make the regular normal monthly repayments. I can clear the arrears with a lump sum payment. • I wish to bring to the court’s attention that I am unable to reconcile the arrears figure given by the claimant, in particular because the payments of 1 August 07, 1 October 07, 1 April 2008 and 1 May 2008 have not been credited to my account. I assure the court that I am committed to clearing the arrears and respectfully ask that the order for possession is set aside. I believe the above to be true and factual
  14. I'll redraft the document to say he's already been evicted. They didn't credited 4 months of repayment to his account, prior to taking action. On the bank's claim form the date of last payment is out by 2 months, and arrears figures are don't take into account 4 months repayment . Getting a lodger in is a good idea, he's done it before. Went to see a solicitor yesterday to try and get some clarity on all of this. He basically said the whole account is in a big mess, (which it is ) and to give the judge an easy decision by saying my son can pay the normal monthly and clear the arrears.
  15. I'll redraft the document to say he's already been evicted. They didn't credited 4 months of repayment to his account, prior to taking action. On the bank's claim form the date of last payment is out by 2 months, and arrears figures are don't take into account 4 months repayment . Getting a lodger in is a good idea, he's done it before. Went to see a solicitor yesterday to try and get some clarity on all of this. He basically said the whole account is in a big mess, (which it is ) and to give the judge an easy decision by saying my son can pay the normal monthly and clear the arrears.
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