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gideonssword

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Everything posted by gideonssword

  1. gideonssword
    In a mortgage shortfall where the judge ordered me to pay £17517 does it have to state in the original Mortgage agreement that interest can be applied after judgement or not? I telephoned Lloyds TSB today to request a balance and it is £7000 less than what HL Interactive say i owe who are managing the debt on behalf of Lloyds TSB I know that HL applied lots of interest after judgement at 8% but who gets that money, is it Lloyds TSB or HL Interactive Should my next move be to write to Lloyds TSB to request a copy of the original mortgage agreement? When i spoke to the lady from Lloyds TSB on the phone i asked, could interest be applied after judgement she said no, then i asked are you sure she then said let me ask a colleague after a brief pause she came back and said it can but this does not explain a balance lower than what HL Interactive say i owe, the balance Lloyds TSB gave me is a balance without any interest added after judgement. Confused !!!! I certainly am lol.
  2. gideonssword
    Well its been almost a month since i sent off my cca request to Buchanan Clark and Wells regarding Aktiv kapital and Yes car Credit loan. I got a letter this morning saying again that my account has been put on hold whilst they continue to look for the cca and a final response will be given in 4 weeks. My question is: is there a time limit on this before it becomes unenforceable? or if they found it 6 months down the line could they enforce this?
  3. gideonssword
    In the year 2000 i got a car from Yes car Credit, after 18 months the cars gearbox went and i fell into arrears so i eneded up with no car and yes car credit pursuing me. Later in the year 2006 i got a letter from Aktiv Kapital saying that they had purchased the debt and they pursued me for the debt. in 2008 Someone phoned me and i foolishly did not think and they talked me into making a token payment of £50 which would have destroyed the Statute barred angle. These past few weeks i have been getting letters from Buchanan Clark and Wells saying they have been assigned to collect the debt on behalf of Aktiv Kapital. this morning i got a final notice before action letter from BCW so i have sent off the standard cca request letter today, My question is what do i look for on the agreement to check if its enforceable?
  4. gideonssword
    Thank you. I received another letter from Capquest gain this morning stating that their client {Natwest} have instructed them to consider Litigation by 13th of June if no satisfactory response ie received. think i will work out how much i can afford to pay i think it will only be about £50 per month so i need to get the interest frozen as well.
  5. gideonssword
    Thank you Huggy41 Natwest have not told me they have assigned the debt to capquest to be collected, rather it is Capquest who have told me that Natwest have instructed them to collect the debt.
  6. gideonssword
    i got a letter this morning from Capquest stating they were collection a debt of £3115 for a loan i had with Natwest. If i arrange direct debit with capquest can i also ask for interest to be frozen or do i ask that from Natwest? can i reclaim ppi on the loan?
  7. gideonssword
    Thanks Andy, i do not have a copy of the original agreement and i no longer trust HL Interactive to give me a true copy of the original.
  8. gideonssword
    I have a piece of paper from the court which clearly shows interest being added only up to the judgement, i think i will ask the solicitors regeulation authority to look into this, i am convinced HL Interactive have been dishonest regarding applying interest.
  9. gideonssword
    Thank you Andy. Well here i go again, delivering my second letter to the court today in the space of a week trying to get the information i need. If i get no joy is it the ministry of justice i complain to if they will not provide the information?
  10. gideonssword
    My burning question is did HL Interactive get interest after judgement for themselves or is it down to Lloyds TSB nothing suprises me anymore.
  11. gideonssword
    Thank you. The CCJ was obtained at manchester county court on 22nd of September 2006 what i now want to do is check if the court granted permission for interest to be added after judgement, been banging my head against a brick wall trying to get a copy of CCJ as they said its now filed under a new system. The court have told me to put in writing what i am after and they will seek out the information regarding interest added after judgement. Thanks Andy i tried trust online but all that gives is a case number and date of CCJ it does not answer that critical question regarding the interest. as posted earlier it should not make any difference to me because Lloyds TSB were out of time to apply for interest after judgement, i have contacted the Financial Ombudsman and they are going to send out a form to fill in and they will investigate my complaint.
  12. gideonssword
    !!! GRRR !!! So frustrating, the court cannot provide a copy of CCJ so that i can determine if the judge allowed interest to be added after judgement, The court told me that if i write in they will try to get the information i want but as it was 2006 and filed under an old system i have no chance of getting a copy of CCJ.
  13. gideonssword
    Thanks silly girl. When i get a copy of CCJ if it shows interest could not be added after judgement i may report them to a Solicitor regulating body, they need to taking down a peg or two.
  14. gideonssword
    I have found out today from a Land Registry search that after we were repossessed in February 1999 the House was sold at auction on 27th of August 1999. When i get a copy of the CCJ from the court if it shows that they could not add interest to it after judgement then is it Lloyds TSB fault or HL Interactive solicitors? I suppose its immaterial really because they were out of time anyway to add interest, i will draft up letters to the relevant financial regulating authorities the more weight i can put behind my argument the better.
  15. gideonssword
    They must have got a judgement by default, i was a coward and so afraid i never even defended the action at all i had never even heard of this CAG I wish i had the confidence then and the knowledge that i have now, i am contacting court to get a copy of CCJ to see if interest was granted the shortfall after CCJ was 17571 Am i correct in assuming that in Contractual interest the creditor has to inform you that they are applying it? Its been a long time but every day of my life i wish i had a time machine to go back and deal differently with this, Currently i have just over 4 years to go in payments, if i got the interest knocked off it would cut 2 years off so there is a lot at stake. Thanks to everyone for your advice you are such an encouragement to me.
  16. gideonssword
    HL Interactive on behalf of Lloyds TSB. My understanding is that with a mortgage shortfall they cannot apply interest after 6 years, my home was repossessed in February 1999 but there was no contact with Lloyds TSB until September 2005 and they only got a ccj on me in September 2006
  17. gideonssword
    Thanks Brigadier, I will contact court tomorow, and enquire about getting a copy.
  18. gideonssword
    If i obtain a copy of a CCJ from the court will it tell me if the judge granted the creditor permission to apply interest to the debt after judgement was made?
  19. gideonssword
    thank you for your kind responses i am very grateful,. i have checked a factsheet by national debtline in accordance with the council of mortgage lenders, which states that a lender has 6 years to get the interest applied to the debt after the sale of the house, well the house was repossessed in February 1999 and sold early 2000 yet they did not take me to court until August 2006 i now believe that is why they did not want me to go back to court because this would be exposed. my question now is how do i right this wrong i will have to take the Lender back to court if i win and the interest was taken off it was shave 2 years off the repayments.
  20. gideonssword
    I telephoned the Court yesterday afternoon and explained i wanted as much information as i could get regarding the original hearing and they said if i send in a letter they will release transcripts and other things regarding the case to me. I know this is a long shot but at the original hearing the address concerning the mortgage shortfall was spelled incorrectly i know its only a minor blip it should be Moore avenue but they put Moor avenue, would this make any difference in getting the CCJ struck out? kind regards.
  21. gideonssword
    i was taken to court in 2006 by HL Solicitors acting on behalf of Lloyds TSB over a mortgage shortfall. i foolishly did not defend it at all so i was ordered to pay £16k plus £8k in charges and interest. As the house was repossesed in 1999 i was told to pay £40PCM to clear the CCJ. I was made redundant in 2009 and foolishly again stopped paying. i eventually found employment last year and offered to pay so much a month but they were still applying interest so i asked them back to court and they practically begged me not to go back to court to look at the court hearing from 2006. They froze the interest and when i think back the house i was living at in 2006 they released the charge that they put on the property. My question is What are they hiding? is there a way i can find out what they do not want discovered? The guy at the citizens advice was looking into it last year but he said some papers from the original hearing had gone missing from the court {sounds dodgy} I cant help but feel in my gut that a great injustice has occured. It will take me 4 and half years to pay this off but curiosity is killing me... i am desperate to know why they were pleading with me not to go back to court.
  22. gideonssword
    I am in the county court tomorrow regarding this can i ask for a Judgement to be Varied does anyone know if i can ask the judge to look at the interest as well as the creditor is putting interest on every month at 8% when the Bank of England base rate is 0.5% this was for a mortgage shortfall of £17k the debt is now £25k because of the interest. help?
  23. gideonssword
    Hello, i received a letter before christmas from Cabot debt collectors saying they purchased my vanquis credit card account after it fell into arrears in 2009 after i was made redundant i took the card out in 2004 anyway i sent Cabot the CCA request i got nothing back in the time-scale i then sent the account in dispute letter again all i got was they cannot finfd it and every now and then they send me a letter saying they are still looking for it. As they have a default on my file for the debt can i force their hand to remove it? i am 99.99% certain they will never find a Credit agreement for that debt as i am certain that i applied over the phone and to my surprise got the card, i never signed an agreement with vanquis.
  24. gideonssword
    Hi Lowell portfolio are chasing me for a small mobile phone debt from 2006 the amount is only 56 pounds, having looked into it the phone was my wife's and yet they are pursuing me instead, do i tell them its my wife's debt or do something else, thanks for your help my fellow caggers.
  25. gideonssword
    Thank You, i am on a course today and cannot get to the court so hopefully my wife can take it in it must go in today.

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