SunshineSue
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Just spoken to hubby and he is in agreement with me just carrying on responding to them as I have been doing. I think I will just lay the facts out for them, i.e. minimal equity, joint mortgage, my loan, single mum and her daughter living there, income reduces substantially in winter so if I did a new I&E form now the monthly payment would have to be reduced. Or is that a bad idea?
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That's what we are currently doing (renting) and it is something I thought I would feel uneasy about but the honest truth is, I don't at all. There are times I wish it was ours and we could do what we wanted with it but those moments are pretty short-lived, especially when something goes wrong, and the landlord has to sort it
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I just don't know what to do now. Part of me thinks "oh just do whatever you have to (them) and sell the bl**dy thing". The likelihood of us ever paying the mortgage off in our lifetime is highly, if not certainly, unlikely due to re-mortgaging it a few years ago. Bad business decisions led to that stupid decision but life goes on. Even if we wanted to sell it ourselves to free up what little equity there is, it would be pretty pointless as there is no way on earth we could afford to buy another property where we are now, or get a mortgage. I do wonder sometimes just what the benefit of owning a property is (apart from the kids inheriting it - split 4 ways!) - unless of course you do own it outright, or can see that happening in the long term. Unfortunately that just isn't going to happen for us, unless we win the pools - and we don't do those so.....
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Now I don't know what to do for best. The last thing I want to do is antagonise these people by coming across as a "smart Alec" and telling them what I will and will not do, but the reality is that I can only afford £20 a month, at the moment. I have done an I&E form for my own benefit, which is how I know this figure is a realistic one but I don't want to give them more ammunition, if I really don't have to, by handing it over to them. But will I make them even more determined to "win" if I don't? Thanks again guys.
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Hi I could get back pretty quickly if need be and this time of year is the best time for me to be able to do so, work-wise. Is it worth me pointing out that the house is heavily mortgaged (in both mine and my husband's name), very little equity given the current market, and that the debt is in my name only? And that I am prepared to an I&E form should a judge request it - or is that a pointless exercise? Thanks again.
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Oh well, more of the same Their reply today: "Our client has reviewed your email and we confirm that we cannot accept any repayment proposals from you, without having full knowledge of your financial situation. You have failed to complete and return the income and expenditure forms sent to you on 4 previous occasions. We confirm that all correspondence sent to you in relation to this matter will be presented to the court. Our client is not refusing your offer of replayment; however it cannot accurately assess your offer without sight of your completed income and expenditure form. We remind you, that this matter is at a critical stage and that it is imperative you provide full disclosure and evidence of the information requested. Please therefore find enclosed, a final income and expenditure form for you to complete and return, within 7 days, together with documentary evidence to support the information provided. If you wish to discuss this matter and complete and (sp) income and expenditure form over the telephone, please contact our office ........... Failing the above, our instructions are to proceed with an order for sale application. Yours faithfully" Should I just repeat my offer yet again? Thanks
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Hi eggboxy1 - thanks, yet again. I know you mentioned earlier about not having to give my I&E unless a judge requested it - should I point this out to them and also, should I point out that it is joint mortgage, with not much equity to be had, and this debt is in my name only? Or should I just keep it simple? I was brought up in the era when, if you saw a policeman, you felt guilty, even when you knew you weren't and this is taking me right back to those feelings lol.
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Hello everyone (again) Been a while since I posted but I haven't really had anything new to report (or ask questions about!). Letters were still being sent to my daughter, despite promises from the guy I spoke to that he would send future correspondence via email. Anyway, finally sorted on that front and eventually received yet another letter, via email, asking me to complete an I&E form and return it to them. I again told them that I calculated what I could afford to pay without causing myself hardship and today have received the following reply: "Thank you for your email dated 13th October. You are aware this matter is at a critical stage and that it is imperative you provide full disclosure and evidence of information requested. However, you have failed to complete and return the income and expenditure forms sent to you on over 3 previous occasions. Our client cannot accept any repayment proposals from you, without having full knowledge of your financial situation. We therefore enclose a further income and expenditure form for you to complete and return, within 7 days, together with documentary evidence to support the information provided. Failing which, our instructions are to proceed with an order for sale application." One of you wonderful people did tell me earlier that they cannot insist of an I&E form, only a judge can do that, and to stick to my guns. I am absolutely prepared to stick to my guns and not give them the info but just wanted to be absolutely sure I am doing the right thing before I reply to them again. I'm not quite sure what they mean by "you have failed to complete and return the income and expenditure forms sent to you on over 3 previous occasions" - do they mean I have received the I&E form four times, five times, three and half times???, because I haven't - I have received it exactly 3 times lol, twice after my daughter scanned it and emailed me it the 3rd time when they finally got round to emailing me it. As always, help and advice very much appreciated
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lol Brig - very hot and humid here I did an I&E a while back for the people who were helping me sort out what payments I could afford - it was depressing then and I doubt much has changed since then (which is what I based my offer on) but, you are right, a current review of things is required. At least we have the sunshine
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Sorry for the late response - busiest time of the year at the moment so only just got back in. Thank you so much Eggboxy1. Very interesting indeed. When I did say to the guy from the solicitors that I had been advised not to send them my I&E, because they weren't entitled to see it, his response was something along the lines of me having been wrongly advised and that I do need to send them the info as there is already a charging order secured against the property by the courts (I hope that sounds right, I'm really no good at all with things like this). You have also answered a couple of questions I had whirling around in my head, re the fact the CCJ is in my name only and our mortgage is in joint names, plus the amount of equity won't be much at all given the current condition of the housing market. Plus, my daughter is on benefits and renting our house with help from the council. Obviously frightened her to death too. If I offered them, say, £20 a month and no deposit, are you saying they have to accept this - all he kept telling me was that he would have to go back to the clients and see if they would accept whatever offer I make, but until I completed and returned the I&E to them, he wouldn't be able to go back to them. I will do as you suggest and search others posts for Charging Orders - I was searching for "order for sale" which didn't bring up much info (or I missed it). Thank you again.
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Hi eggboxy1 It hasn't been applied for yet - that is what they were threatening to do in their most recent letter. Having spoken to them, I now need to complete and Income and Expenditure form (which they still haven't sent me) with an offer of what I can afford to pay and they will then go back to their clients to see if this is acceptable. So, for the moment they have put the application on hold.
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