Thanks. Yes that SPO is still in place. Aberdein Considine have replied to say that as long as I continue on my repayment plan the possession order should be suspended. They note I have kept to the repayment plan.

Thanks for your help. That post was a different lender but it seems it was a similar situation although it was a long time ago so I didn’t think it would still be there. Just one more thing: If I am struggling to attend the hearing date (due to work commitments) they have given can I get it changed at all?

Aberdein Considine is their name acting on behalf of Santander.

Hi, I’m hoping someone can help me understand what is going on with my mortgage lender. I fell into 4 months arrears but have a repayment arrangement in place for the mortgage amount & to clear the arrears this was arranged by another organisation who work on their behalf. I have now received a court hearing date letter for 20th December for a possession hearing and I’m really confused as to why I’ve received this. I’ve contacted the organisation I arranged the repayment plan with but haven’t had a reply yet. What is the best thing for me to do now to get this resolved?

Will we encounter any difficulty requesting information as we are not the individual? Should my husband refer to the person in the letter as his late mother and then her full name or just use her full name? Do you advise he signs the letter off as Executor or just in his name? Sorry for the questions just want to be clear as it's different when you are not the individual making the SAR but you are doing it on their behalf as they have passed away.

Link responded to our letter advising them of the death. The letter was sent recorded delivery. Their letter stated "We are attempting to finalise matters and would be grateful if you could confirm whether there will be sufficient funds available from the estate to settle the account. If you are not dealing with the affairs of ........... would you please either pass our letter directly to the Executor to deal with or provide us with the relevant details." A SAR will be sent this week.

Ok great, thanks for your quick reply renegadeimp. Really helpful. I'll be back if I need anything further.

Thanks for the replies. We fully intend to make them aware of her death. We just aren't happy to settle a debt that's so old, inflated and may not be enforceable, especially when a previous offer to settle the debt was made.. What do you mean by CCA them? What does this involve?

Hi, I could do with some advice please. My mother in law recently passed away and we are going through all the paperwork for probate. She had an unsecured personal loan with first national for £13,750 taken out in 1993 for a conservatory. The current paperwork is from Link Financial Outsourcing stating the debt is now for £22,667. She was only making a payment of £6.00 per month as was on a low income. We have little information to go on & my MIL only mentioned that they were a horrid company to deal with & refused a settlement offer to clear the debt a number of years ago. How can we find out some information on this debt & if it was handled correctly? Why it is such a massive amount compared to the original amount borrowed, I appreciate they have probably added a large amount of interest. What is the correct way for us to deal with it as we certainly don't want to be making a full settlement from the estate for that amount as it currently stands without being more informed. Any advice would be appreciated. Thanks.

Thanks for your replies. I will get the CCA request done tomorrow. The credit file does show that Lowells are the owner of the debt.

Thanks for your replies and the information. The debt is a credit card debt from 2013 from Vanquis that I defaulted on, stupidly didn't deal with at the time, fell ill and now they are chasing me hard for it. They are threatening court action if I don't set up a payment arrangement with them, which I don't want. So they have asked for the medical info & an I&E or they will continue with the court action & further costs. I'm not sure what you mean by if the debt is compliant and Lowells have the legal right to collect it.

Hi, I'm after some advice on a small debt I have with Lowell. I have offered to make a payment of £10 a month & emailed this offer to them. I mentioned that the offer was low as I had been off work due to ill health. They have replied to say they will accept the offer but they want either a letter from my doctor, a fitness for work statement, a prescription or hospital letters relating to my condition so they can better understand my condition. I am not at all happy with providing my private medical information to a debt collector for a debt of £450. Has anyone else every come across this & what did you do? I would really appreciate some advice on how I can respond. Thanks.

Hello, I would appreciate some advice if someone can help please. Back in Jan 2012 we fell into arrears on a loan secured on our house, we ended up going to court (this site gave us loads of advice & help prior to court) and we agreed to pay an extra monthly amount to clear the arrears. The loan was sold to Moorgate Consulting in 2013. Moorgate wrote to us in October 2014 asking why hadn't made the agreed payments, we called them to state that we had and ended up sending them bank statements to prove payments had been made. They then called us back and stated it was their error and we are up to date but they asked if we could pay any more towards the arrears. We couldn't so they said they will call us again in around 3 months. They called us in Dec 14 to ask again to increase our payments, we stated we couldn't and again they stated they would call again despite me saying the situation wouldn't change. We have now received a letter (hand delivered) from an excel services who have asked us to contact them as they can assist us with our finances and will help us agree a repayment plan with Moorgate. We haven't responded but we've just had our door knocked and its a gentleman from excel services who asked for our ID and wanted to come in & discuss our financial situation & they are here to help. We refused & explained we pay the arrears every month as agreed and that won't be changing for the foreseeable future. He stormed off! 1. My question is can they do is? 2. Why don't they write to us, why send someone else? 3. Are we within our rights to stick to the arranged repayment plan & not feel pressured into changing it? Any help would be greatly appreciated.

Ok thanks again

Thanks, one more question, should I call the lender or put in in writing or both as to what was agreed?

Been to court this morning. No duty advisor on so I spoke to the claimants representative. She was ok and rang the claimnats solicitors prior to us going in to see if they would accept the offer of repyamnt plus the amount towards the arrears. They refused so in we went to see the Judge. He was ok, a bit confused why the claimant had not changed the date as requested. He just suspended the order he wasn't going to be pushed by me at all. He was in charge! The claimants representative has told me I now have to contact them or the solicitor to say when the next payment will be made and advise them the Judge has asked for the contractual date to be changed to the 1st of each month as requested by me. I was pretty nervous and didn't sleep at all last night but the representative was nice although quite a couple of her facts were wrong like the amount of arrears and me never making contact. I had my say so felt ok with the hearing and the Judge just said "Don't let me down and make the payments as you have outlined otherwise I can't stop them taking your house next time. Massive thanks to you all for your help and advice, I know I wouldn't have got through it without the tips you gave me and the knowledge to understand what was going on.

Thank you so much. I really appreciate your help and knowledge.

Thanks Will the judge naturally go for adjournment or will I have to push the issue with the reasons you have outlined?

Thank you for the explanation and your help, much appreciated.

Thanks for your responses. The CMI is £316 per month. We are not entitled to any benefits and there are no children involved. Yes my property has equity in it and the loan is repayment only. Also can I ask is it normal that they have written to my current mortgage provider Santander to say they are taking me to court? Thanks for your advice, can you please explain a little more what a suspended order means for me and why I need to ask for an adjournment. Sorry only been to court once in my life and I was the claimant that time.

Yes the full balance is £42,005.04. I have completed the online expenditure form in the court papers and have a printed copy with me as evidence. I assume that if my circumstances change again I can alter the amount to pay off the arrears faster.

I appreciate your comments and help. The arrears are £3,587.87 with 17 years left to pay. Yes I have my main mortgage with Santander which has never had any arrears in 12 years and neither did this one until now when my circumstances changed. My only evidence is my letters to the claimant and their solicitors and their standard replies back. Despite me asking if my repayment plan had been accepted. Also the fact they terminated the contract without sending me a default notice in the first instance. I want to ask why it was left for solicitors to respond to me and why the claimant didn;t in the first instance, why despite them saying the DD had changed hadn't it. Why I had to chase them for correct pre-action protocol. I just wish I had sought advice earlier and maybe wouldn't be in this mess now.

Yes it includes charges and I have agreed on the court form to pay £50 a month towards the arrears. My argument is asking them to change the direct debit and them not doing it but also informing them that we were struggling with the payments and arrears and just no response apart from standard letters from them stating you must clear the arrears or we will take you to court and me saying I'm not in a position to clear the arrears in total so can you add to the exisitng loan and no response. My husband is still out of work so things are horrendousl financially at present but I am aware that I need to make a contribution towards the arrears. Is the Judge likely to suspend the order or does it really depend on the day?

Yes the loan is secured on my house and I will definitely be attending in court. I have been once previously when I took Abbey to court over penalty charges. I have now accrued 12 months of arrears, and I owe £42,000.The direct debit date was never changed despite me stressing to them and to their solictor's it needed to be changed. They state in their defence that they have no idea of my current state of affairs and I have made no attempt to contact them. I have 4 recorded letters that I have sent them asking to change the DD date and also asking if the arrears could be added to the loan. I have never ever received a response from them to any of my letters apart from saying they would change the DD date and then didn't change it. Just not sure what to expect as it looks like I've made no attempt to pay them I would guess in the Judge's eyes despite me telling them about my current financial issues. I have filled in the defence form and expenditure form just stating the facts and I have the evidence here to back it up. I have listed some questions to ask the claimants representative, is that ok?

Hello, Newbie here. I have a possession hearing tomorrow on a secured loan, I thought I was clear and understood everything until I have just read it's an unregulated credit agreement. How does this affect things? I fell into 3 months arrears and wrote to ask for a change in direct debit (pay date changed) and explained my husband was made redundant so our income had halved. They wrote back to say the DD would be changed. Nothing happened the DD went through on the olda date and bounced. I have written 3 times to ask for a change in date and to complain at the way I feel this has been handled but have never received a proper reply addressing my concerns. I now have a court hearing tomorrow. I have all my papers, filled in the defence etc but am not sure reading through things what is likely to happen. Any help or advice would be greatly appreciated so I can feel that I am going to court prepared. Thanks!