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Worriedhomeowner2015

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About Worriedhomeowner2015

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  1. I have not retracted any dates and five years would have been in 2018 as the loan was issued during 2013. I think you are right in that the agreement is valid and legally binding. I will just have to hope for the best and see what happens on the day.
  2. I really hope not. I will definitely speak with a local solicitor on Monday. Thank you
  3. Ok I will try and find a local solicitor to look for me Thank you for your advice
  4. Oh dear that's not good for me. Does that mean that the judge will more than likely give the lender possession?
  5. Time would help. Looking back now I don't know why I went down this route and I wish that I hadn't of. I have definitely learnt from my mistake and will never be repeating it again. I guess I have to just wait for my day in court and hope for the best.
  6. When I spoke with him initially we agreed that I would release equity to repay him in around 5 years. The problem that I have now is that he will not even talk to me he is off with his mistress so has no interest in communicating with me.
  7. I just assumed that the the due date would be 5 days after the date of the letter requesting full settlement. The agreement doesn't state a payment date or even if the payments are monthly, quarterly or annually
  8. There is the below clause: 8.2.1 the Borrower fails to pay within 5 Business Days after the due date any sum payable by her under this Legal Charge
  9. Yes I received a letter from his solicitor before Christmas demanding payment within 5 days I advised them that I could not possibly pay that amount.
  10. There is not a due date for payments stated on the agreement, not even a frequency for payments that I am aware of. There are no late payments my only default is that I didn't repay the full amount within 5 days.
  11. Thank you for replying. Below is the clause that the particulars of the claim refer to: 8.2.1 the Borrower fails to pay within 5 Business Days after the due date any sum payable by her under this Legal Charge I would really like to know whether or not my case will be handled differently as the lender is an individual. Is there any hope at all that the judge will suspend possession?
  12. He lent me the money as an individual although he did transfer the monies from his company account which is a limited company. The only other charge is my mortgage with HSBC.
  13. His solicitor wrote to me advising me to settle the balance in full within 5 days because I failed to do so they have commence possession proceedings which refer to clause 8.2.1 of the deed, the failure to pay within 5 days. I assume because I didn't repay within 5 days I have defaulted. I am struggling to find advice as all other posts relate to mortgages or secured loans with banks. I am due in court next month and am petrified.
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