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johnjonjon40

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Everything posted by johnjonjon40

  1. Thank you for pointing me in the right direction, even if I was to pay the extra, the judgment will still be on my file, but just showing as "satisfied", I will be asking the courts to set it aside, as I did pay what they asked for, searching your site gave me two grounds on which to appeal, the fact the amount BW Legal asked the court for was different to what they told me, and secondly the fact I live in Spain have can prove I have not been to the postal address for over a year, (work schedule and flight records), and importantly I was in Spain when amount is supposed to have changed so I never had the opportunity to contest it, and would have been unaware if they had written to me(which they didn't). But I will be looking at the what you mentioned about charges, as it was all charges/ interest, I never have overdraft facilities on my accounts.
  2. Why would the fact it's charges and interest be enough to get it set aside?
  3. Original debt was interest and charges on a business account. I googled applying to the courts and it says about filling a N244 form,. What is a SAR and what does it do?
  4. Not sure if we are at cross lines, the email I had shows the £250.94 as including £25 for court costs. I have received nothing from the courts and nothing from BW Legal mentioning £272, the first I knew about it was when I checked my credit report with Experian and the public records section shows: Information type: Judgement. Date:08/11/16 Court Name:Northampton County Court. Amount:£272. Source:Registry Trust ltd I was aware that they were applying for a judgment, but was lead to believe it was for £250.94, which is what I paid, The judgment can't be set aside as BW legal say there is still £21.06 outstanding on the judgment. What I don't understand is how they tell me that they are applying to a county court for a judgment for one amount, then it changes on the judgment, and yes she did tell me it was for printing costs. Have just googled your term " set aside", I didn't realise this could be done, I knew about the 30 day rule, I will contact the court when I get home in a weeks time, but should I pay what the judgment says, to stop BW Legal trying to enforce it, I don't want bailiffs going to my daughter's home, or should I wait until the court has considered my request?
  5. Because I work 8 months a year in the U.K. I am still a British resident, but I am a live in carer, but my home is in Spain and I can't apply for residency unless I spend more than 6 months a year there, my wife is a resident there. I don't object to paying the debt, but I feel that the email says that they were applying for £250.94 in the judgment, when they actually applied for £272.94, I was not aware of this increase until I checked my credit file, I don't understand how they can apply for a higher amount without me being aware, and as I received nothing from the courts, in the five week between the email and the date of the judgement. I thought the process would have taken longer than that. Had I been aware of the increase before I would have paid it and it's not about the £22 but the damage it has done to my credit score. Can I ask the courts to reconsider the judgment to try and get it removed? And should I pay the £22 whilst I go through the process?
  6. My credit file says date 08/11/16, I paid BW legal late in the evening (online) 07/11/16. This is a copy/paste of the email received on the 04/10/16. I have never seen any documentation from the court and I had no notice in the five week gap about the increase in the claim. The original debt was from an old business account,( bank charges) NOTICE OF COUNTY COURT CLAIM ISSUED Dear Sir, Our Client: Lowell Portfolio 1 Ltd Client Reference: ..... Our Reference: ...... Balance Due: £250.94 Original Creditor 1: HBOS PLC Original Account Number 1: ...... As you are aware, we represent our client: Lowell Portfolio 1 Ltd We have now issued legal proceedings in the form of a County Court Claim which you will shortly receive directly from Northampton County Court (County Court Bulk Centre) as you have failed to make repayments on your above account. The amount of the County Court Claim is summarised below: Principal Debt £161.30 Interest £14.64 Court Fees £25.00 Solicitors Costs £50.00 Outstanding Balance To Pay Now £250.94
  7. Hoping someone can help, I have recently discovered a county court judgement on my credit file. I had a debt from about three years ago, have moved house and country, I use my daughters address in the U.K. For mail. I had a letter from BW Legal a few months ago regarding the debt for £161, but being honest I just thought I would sort it out later but never did, then on the 4th October 2016 I had an email from them " NOTICE OF COUNTY COURT CLAIM ISSUED", and the debt had risen £250.94 including court costs and solicetor fees. I had no contact with them on the 7th November 2016, two weeks after I returned to the UK for work, in the evening I went online and paid £250.94 as I didn't want a ccj on my credit record. Then at the end of November I checked my credit score via my credit card, as I'm trying to improve it, and it had dropped through the floor, I sent off for a copy of my record to find BW Legal had applied for a judgment for £272.94, and the judgement was issued on the 8th November, the day after I had paid the amount requested in the email from October, then on the 7th December I had a letter sent to my daughters from BW Legal asking for the remaining £22 as I was in violation of the order. My daughter has promised me that other than the letter earlier in the year and the one in December there had been no mail for me, including anything from the courts. When I spoke to BW Legal today they told me that it was added as a charge for printing the judgment, and when I mentioned the amount in the email, she just said that was a month previous, when I said that the email said the amount included court costs and solicetor fees she refused to discuss the matter any further, in her words,"I'm not willing to go round in circles, if you don't pay you will incur more costs". I thought the judgement was for £250 and I paid it, in what I thought was in time to prevent it going onto my credit file, is there anything I can do to get it removed and should I pay the extra £22? I just don't understand how they can send me an email saying they are claiming one amount and 5 weeks later get a judgment for a different amount without telling me. I have no other debts and live in Spain, but have been trying to repair my credit score and feel this is very unfair
  8. Yes got legal help from a very nice solicitor from CAB and because of the confusion their solicitor was very nice as well, and yes am very relieved will sleep well tonight, again thank you Ell-enn
  9. Great news order suspended after some confusion with the balifs office, many thanks to Ell-enn for your help and they were impressed with the templates I used for my statement
  10. In court tomorrow fingers crossed, will keep you posted, whatever the outcome would like to thank Ell-enn for your help, a light in a very dark time
  11. not sure what advice to give you, you need to start your own thread..
  12. Have heard the judge can postpone the dste, should I request this as would come me the opportunity to prove I am committed to dealing with the arrears? Also found out that with charges and intrest we are 22 months in arrears.
  13. ok, should I also print off my previous 2 years self assessment all these show is how low my earnings dropped
  14. Yes made a payment on Monday and will make another payment Monday before we go into court
  15. The court clerk done copies for me, have included both offers,outgoing forms for last year and forecasted for this year,copy of email confirming school contracts, letter confirming estate agent valued house(but waiting for email confirming value),and copy of mortgage statement stating balance
  16. no only sent first offer yesterday and second offer today, who could help me with what I should say to the magistrate
  17. have raised my offer to ensure the account is clear by the end of term, but they still refused, have set hearing for 10am 17/06/2013
  18. Have been going through paperwork for the loan and did not realise they had been adding £125 in charges and interest, so we have arrears of £3500 and £2860 left in payments totaling £6360, but letter from southern pacific says the final balance is £11722, so there is £5362 in charges. The agreement term ends on the 1st March 2014, when making my offer to the court do I need to consider the charges or do I just concentrate on the arrears and the normal monthly payments. I can offer £200 per week until August and a maximum of £1000 per month until the debt is cleared, but that would still leave me £3122 short by the end of February unless we manage to sell the house. Is there any positives here am really scared and feel like I'm on the verge of having panic attacks.
  19. 2007 was original order,and two years ago they got a eviction order but we came to an agreement, we are going to court to stop us being evicted at 1pm 21 june.
  20. no the eviction date is the 21st and there is a approx £89000 equity
  21. p.s the move to spain is for a lifestyle change and spend time with my parents in their twilight years, if we lose the house we won't be able to do it
  22. This is my response to question 10 on the N244 form, the reasons we want to sell the house is to clear our debts and use what is left to purchase a property outright in spain,(I have family there), should I mention this. and should I mention the fact that there is only 11 months of the loan left, which was over ten years?
  23. Claim No: XXX In the XXXX Court Between XXXX (LENDER) (Claimant) And Mr XX XXX and Mrs XX XXX (both names if joint mortgage) (Defendant) STATEMENT we are the defendants in this case and respectfully request the court to consider the following information when hearing our application:  The arrears arose as a result of a downturn in work,(me and my wife are self-employed taxi drivers),and the company who we sub-contract to,(***** Taxis),have failed to secure any new school transport contracts in the last twelve months, and Mr.x has always had a school contract to ensure a regular income. Mrs.x also failed to communicate to Mr.x the true severity of the arrears on the account.  Despite keeping the Claimant advised of the situation and making an offer to repay the arrears, they have refused to negotiate and demanded the full arrears to be paid in order to stop eviction.  However our situation has improved as Mr.x secured a school contract in January 2013 with a different company, (*** Taxis), but payment is always 2 months in arrears. Mrs.x has also returned to full-time hours now our youngest son has left school,(sitting exams at present),and she has also secured a regular school transport contract with **** Taxis which began permanently 03 June but will not receive her first payment until August. We would also like the court to know that in April we had a local estate agent,(**** estate agents), value our house. They value it at £185000, (our mortgage balance is £96000), and we have been making the house presentable to put it on the market. As Mr.x has a regular school contract and Mrs.x has now gone to full-time hours and also has a regular transport school contract we are confident that we can maintain weekly payments of £120 until August ,(when we will receive Mrs.x first payment for her school contract), when we be a position to pay monthly payments of£700 Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970.  There is 1 dependent child resident in the property permanently and a daughter to who returns home during holidays as she is studying at Worcester University. we assure the court that we are committed to clearing the arrears and respectfully ask that eviction is suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate. we believe the above to be true and factual. Signed....................................................................................... Date............................................ Signed....................................................................................... Date............................................
  24. Should I also state that we looking to put the house on the market ?
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