elizabeth11
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Hi...We live in a shared ownership property and need to try and buy our home outright this year. We are not totally certain that we can do this but have to try. The thing is that whilst we have been trying to get a guideline as to rates we have been given conflicting advice as to whether this would be a remortgage or a mortgage. We have assumed that it will be a remortgage but we have been told that it will be termed as a new mortgage. Can anyone clarify please? Many thanks
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Hi Citizenb ...we have decided to go ahead and write to the claimant and hopefully that will be the end of it. Many thanks again Elizabeth
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Many thanks for your advice CitizenB
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Hi again...Would be so grateful for a bit more advice on this, My husband filed the defence to the court in good time and sent the CPR 31.14 request to the legal services company acting for the Lloyds Banking group. We received an acknowledgment letter on 6th November but since then nothing, The court finally confirmed that they hadn't replied to our defence so can you tell me how we formally ask for the proceedings to be struck out please? If it is struck out or stayed what does this actually mean? Does it mean there has to be a minimum amount of time before they could start proceedings again for instance? We have now found that it has been listed as a default on my husbands credit file with a default date of 2009 too which is going to cause us huge problems. Many thanks in advance Elizabeth
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Hi Andy Yes it is...we still think that it relates to the lloyds account but don't know for sure because we have no details. Sorry ...should I have kept to the same thread? Apologies if I should have done this .... Many thanks Elizabeth
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Hi ! Following advice to a question we posted regarding a claim from the county court we sent off a CPR request to the Dca. We did this by recorded delivery on the 4th and we received a letter dated the 5th Nov saying that they had requested the details and would get back to us in due course. There has been nothing further from then since then so as 7 days have now elapsed can anyone advise what we should do now? Assuming that we should not give them anymore time to respond do we write to the court with a copy of our letter,their reply and ask for the court to consider the situation ...or is there a form ? If any experts out there could help us draft this I would be very grateful. I don't know if it is necessary to make this point to the court but we are 100% certain that we never received any official notification that the account defaulted. Many thanks in advance Elizabeth
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Thank you abc123def for replying. I do meet the support conditions but the only form I can find is an appeal form for ESA....is this the form you mean? Many thanks Elizabeth
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Hi If anyone out there can give me advice I would be grateful. I was moved,following a medical from IB to ESA last November. I received a letter in November advising that I could only receive this until mid November 2013. Just before Christmas I was diagnosed with cancer and this year have undergone surgery,chemotherapy and radiotherapy. I have been told that the severe pain I am in is a direct result of chemotherapy and radiotherapy but there is hope that it may wear off in time but we are talking months not weeks. I have not felt well enough to face the thought of what options I may have but I have to do something now...Does anyone know if I can ask for the claim to be re-assessed please? If I knew that I could receive ESA for a few months longer it would be a massive relief. If I can ask for a re-assessment to take my updated situation into account how do I do this please? Many thanks in advance Elizabeth
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Hello CitizenB Many thanks for this. So ...just to make sure that I have got this..do we send off the CPR request to Capquest along with a letter saying that we believe this is statute barred as well as a letter regarding the incorrect default date on the Equifax file? And if we do should we send this to the court as well? Sorry..edited to ask ..should he sign these or any letters sent? Thanks again Elizabeth11
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Hi Andyorch The particulars of the claim are The claimants claim is in respect of Contractual charges applied to a current account held with lloyds banking group Orginal Creditor. Demand for payment has been made and not complied with. A notice of assignment has been sent to the defendant notifying them that this debt has been assigned to the claimant. The claimant therefore claims the sum of 5,508.68 plus costs. The claimant has complied with sections III and IV of the practice direction on pre-action conduct. Many thanks Elizabeth11
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Hello CitizenB Thank you so much for this...much appreciated. Please see below the answers to your questions: 1. Issue date is 25th October 2.Last payment was made to the account in 1999 3.Capquest 4. No letters received from them at all -would the Notice of Assignment been sent with a letter? Basically we haven't received anything prior to this claim form from the court Many thanks Elizabeth11
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Hi everyone, This is my first post so I apologise if I am in the wrong section for this type of query. A forum member at Moneysaving Expert recommended I ask for help/advice from CAG and I have spent the last couple of hours looking over posts but I just need a bit of clarification if anyone can help......... My husband received a claim form through the post from a county court on Tuesday. The claimant is a DCA and on the claim form they say that a Notice of Assignment has been sent to him to explain that they now own the debt. The sum they are claiming with solicitors costs is just under £6,000 and they state that it relates to the Lloyds Banking Group. My husband had a debt with Lloyds which defaulted in 1999 . The debt is made up almost entirely of bank charges that piled up when he went over his overdraft after he was made redundant. Since then he has lived at the same address but in the intervening years there have been no letters or phone calls...nothing until now. We have filed an acknowledgment to the court and asked for the full 28days but looking through all the posts that seemed similar to our case I think that this is a statute barred debt but if someone could just confirm that they agree or disagree with me I would be very grateful. One big worry that I have got is that the DCA registered the default date as being 2008. This is definitely wrong but does this affect our claim that it is statute barred debt? If anyone can point me in the right direction regarding the correct templates to base our letters on I would be grateful. Do we send any correspondence only to the court or to the DCA as well ? Any advice very much appreciated Thanks in advance Elizabeth
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