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stegly66

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About stegly66

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  1. Thanks for your replies. I've managed to get the statements and the original agreement, just need to redact and then scan them so I can post them up. I can't however find the judgement from the court. I know I should have received it but I honestly can't remember ever seeing it. I do though have the letters from my solicitor and their solicitor confirming the judgement but not sure if that's helpful. I also have a few copies of their list of charges, which I've been sent whenever they've ben amended. I'll attach what I have anyway once scanned. I have raised a slightly different complaint with them along the lines of not being treated fairly and in contravention of the FCA Handbook which they have obviously rejected but said I could go to the Financial Ombudsman if not happy with their response. I've nothing to lose by doing this so I'll submit that tomorrow, but they have said they won't suspend the court hearing regardless.
  2. I'm looking for any help/advice anyone can offer re court hearing in 3 weeks for repossession, instigated by SPML. I'll be as brief as possible, the background is that I took out a £5k secured loan with London Mortgage Co in 2005 (which became SPML/Acenden in about 2010) fell in to arrears of £400 in 2007 following redundancy. They went for repossession which the judge suspended with an order to pay the monthly payment plus £20 until the arrears were cleared. I maintained this arrangement but the arrears continued to increase as they were adding monthly fees and charges directly to the arrears. When I eventually noticed this, I complained but they said they were entitled to and they weren't doing anything wrong. Unfortunately, I didn't refer this to the Financial Ombudsman within the 6 months time limit, when I eventually did, they said they couldn't help as it was out of time and SPML wouldn't give them permission to look. Any payment arrangements made in the intervening years have been pretty pointless as the charges were always more than the additional payments so that by the time the loan came to the end of it's term in 2015, I owed them £17k. Until this time, even though the debt has spiralled, they have never once gone back to court to try and enforce the suspended repossession order. I feel that I have been treated unfairly but no one seems to be able to offer any advice as what to do in 3 weeks other than hope the judge also thinks I've been treated unfairly. I can't afford legal help and don't qualify for aid and bodies such as the Citizens Advice say they can give me debt advice but not legal advice. Any constructive suggestions would be greatly appreciated as to what I can do to try and fight back or is it a pretty hopeless case?
  3. Quick update.. ..Acenden wouldn't look at my complaint as I've already complained before and they've given me their answer, i.e. they've done nothing wrong and they can add charges to the arrears and they're fair. I've complained to the Financial Ombudsman and they've said that Acenden's final response to my my complaints was over 6 months ago and therefore thay can't do anything unless Acenden agrees. They have written to Acenden and they have refused so the FO said that there's nothing they can do. So, shafted on a technicality.
  4. I now have details of all the charges (£3480). How do I go about reclaiming them? Do I just send a letter asking them nicely? And what percentage of the charges should I be asking for as obviously they're allowed to charge something, just not £85 every month just for being in arrears. Thanks
  5. I have a couple of questions I'm hoping someone can offer some advice with. I have a secured loan with Southern Pacific (Acenden) for £5500 taken out in 2006 and is due to finish at the end of April. In 2007 I was made redundant, got in to approximately £400 of arrears and was taken to court and ordered to pay the full monthly payment plus £20 per month towards the arrears. T his I did but Acenden added a £30 arrears fee each month to the arrears, hence I had no chance of ever repaying these arrears. The situation is that I now owe £12k which is due to repaid at the end of April and is made up entirely of fees, charges and interest. My questions are, 1. Does anyone thing there is any point going to court to challenge Acenden on the basis that they have frustrated the order of a court (or whatever the legal terminology maybe) as by them adding charges to the arrears I could never repay the arrears as directed by the court. 2. Does anyone know of any company that would be able to offer legal help (rather than just the generic advice you get from National Debtline etc.)? I have approached a local solicitors (in Bolton) but they want my to pay £500 up fron t just to look at the papers before deciding if they could help which I'm not in a position to pay. Any advice appreciated.
  6. I've had letters before from various DCA's and I used to phone them to tell them it wasn't mine but they'd just say that they'd investigate and get back to me, which of course they never did. A few months would go by and I'd get another demand and we'd do the same thing again. Eventually I got fed up with it and stopped responding to them as I felt I wasting my breath and money on phone calls. Then lowell got hold of it, sent one letter followed by the court summons. I haven't checked my credit report yet but I will do now and see if this is on it.
  7. Thanks for your response. I will do as you suggest and opt for mediation.
  8. Have a quick question I hope someone can help with. Lowell started court proceedings for an outstanding £200 debt to O2. I have no knowledge of this and I've never had a phone with O2 I defended it with the usual 'prove it'. The court has now said this is suitable for mediation. If I genuinely believe this is not my debt, am I right in thinking that I should decline mediation or would this look bad in the eyes of a judge. I just can't see what there is to mediate about if the debt isn't mine or do I agree to mediation and just state this at that point. Advice would be appreciated.
  9. I wouldn't be too sure about this. Welcome had a habit of 'registering an interest' in the property rather than actually securing a loan on the property, which I believe are two different things. For years, I thought my loan with Welcome was secured on the property (& that's what they led me to believe) but it turned out that all they had done was register an interest with the land registry.
  10. I had a call from Kensington on Wednesday morning, a couple of minutes before I was due to set off for the court to hand in my N244, asking me to go through my income & expenditure once more. I reluctantly agreed but told them in no uncertain terms that I thought they were pulling my chain. to cut a long story short, I then got a call later in the afternoon to say that if I made an immediate payment of £100 to show good faith, they would accept my offer of an additional monthly payment of £100 towards the arrears, which was my offer right at the beginning, and cancel the eviction. I made the payment and I have now received confirmation in writing that the eviction is indeed cancelled. Although this is obviously a great relief, I'm so bloody angry with Kensington 'cause it appears that they've just been playing games and been on a big power trip all this time. I would say that they've gained absolutely nothing from all this, but then again I've no doubt I'll have some pretty hefty charges added to my account just to add insult to injury. I've actually paid a deposit for rented accommodation which I now won't get back as I was expecting to move out this weekend but I hope this shows other people in this position that there is always a faint glimmer of hope to cling to & not to give up, however late in the day it may be, especially markez78uk & olive.family.. .I sincerely hope it goes well for you.
  11. I have now finished my statement to go with the N244 form. Would anyone be able to kindly have a look at it to see if it's ok or not? Any suggestions if it's not would be much appreciated. Not sure how to attach it though...any suggestions?
  12. Thanks Caro...I wasn't aware that they had no right to see my statements. To be honest, I wasn't too fussed about them having a look as I'd warned them that they wouldn't be able to make head nor tail out of 'em but their condescending attitude towards what I allow my children to do really wound me up.
  13. I'm preparing my N244 form and statement to take to the court tomorrow morning and just wondered if anyone has any insight or opinion on one of Kensington's objections to making a new arrangement with me, which is they cannot understand my bank statements and therefore cannot assess affordability. My three children (all over 18) use my bank account on a regular basis as my eldest son lives in Cyprus and he uses my account to pay for things in this country as it's easier, my daughter doesn't have a debit card so uses my account to pay things and all three of us transfer money amongst ourselves regularly. I now this sounds strange but it works for us. If my son in Cyprus is lending my daughter some money, which happens frequently, he sends it to me and I give it to her as apparently he has had difficulty setting up new payees on his account as he's abroad. My youngest son is for ever ringing up and asking me to put some money in his account as he's run out and he'll give it me back when he gets home. Money is therefore transferred between the three of us on a regular basis and some payments that come out of my account are not mine. As I say, this works fine for us and I have no problem with this but Kensington have advised me that I should seriously consider stopping my children from using my account in this way as it will lead to my home being repossessed. I have said that it's none of their business but their response is to agree, but then tell me I'll lose my house because of it. Does anyone think the judge would agree with Kensington on this one?
  14. Please could someone advise me if at this late stage there is still sufficient time to submit an N244 to try and prevent a repossession that is scheduled for Monday 9th June at 10.15pm. The earliest I could get to the court would be Monday morning which I'm assuming wouldn't give them sufficient time to schedule a hearing. I've tried to negotiate with Kensington (they're enforcing a suspended possession order) but they've told me that the affordability isn't the issue, they just don't think I'll keep to any new arrangement. Thanks
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