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mischiefmaker

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About mischiefmaker

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  1. Just out of court. Sods law, mine was the last to be heard. Took all of 20 seconds to say an agreement had been reached and that they were wanting an indefinite sist to monitor payments which was granted. Yay! Time for a well earned beer.
  2. Quick update as court day is tomorrow...... Not heard anything from anyone all month. Have been struggling to get a solicitor as one fell through so had intended on asking for a continuance whilst securing a solicitor through SLAB and also give time for my SAR being sent. Out of the blue this morning, I received a call from TLT, not from the woman I had been previously dealing with, saying she was calling about my SARS request to see if I still wanted it as they had not received payment. I advised her that I had responded to their letter asking how to make the payment but had not heard back from them. She then told me she would put me through to a different department to take the payment and mentioned that she was now the one dealing with the court case tomorrow and asked me what I intended on doing with the SAR information. I went through the whole story again about how I had offered several times to clear the arrears and continue making the contractual payments but had never received any form of response from either them or BPF. I also pointed out that I had indeed continued making the contractual payments including one that was due yesterday. Cutting the story short, after much faffing, she said she would speak to the pursuer and ask them what their intentions were for tomorrow and call me back later today. She has just called back and said that she has spoken to her client and they are happy to cease the case indefinitely if I can clear the arrears within 2 weeks and continue making the original payments. I asked if they would accept 4 weeks. I realise I could probably have got the court to spread out the arrears but tbh, I have the money, I do owe it, and I just want this over and done with. Why they couldn't of done this 5 months ago when I first offered, I will never know. She called me back a few minutes later and stated that this had been accepted by BPF. She said she has instructed her representative to present the above agreement tomorrow to cease or cist the case (couldn't tell what it was she said). So a long winded, drawn out waste of time, money and unnecessary stress for what was essentially offered 5 months ago. FMSL.
  3. I'm still in shock tbh. I have never seen anybody be shot down and destroyed so completely before. It's hard to get across in words the atmosphere in that small room. He was so angry that they had rejected my offer of payments, he was literally humiliating and making fun of her. It was clear he thought they were being unreasonable. I'm considering sending a SAR to BPF and TLT to get a copy of emails between them and a copy of the phone calls so I can prove I have offered on multiple occasions to pay and also as I have doubts that TLT ever presented my offer to BPF (which she claimed in a phone call to of done twice and that she was going to recommend they accepted).
  4. Thank you so much for all your help! I have been ill with worry the last few days although I'm feeling pretty good just now. I'll keep this post updated as I'd like to help other people in similar situations and give as much info as I can.
  5. Wow - Just wow! Wanted to update this and let everyone know how it went in court this morning. Before I go any further, I should state that this is not over as the case was suspended for 4 weeks, however, it was very, very positive. I've been up all night with worry, and even managed to turn up at the wrong court this morning. I was so nervous I was shaking! Eventually I was taken in to a small room packed full of other people and solicitors and they started reading out cases. I didn't understand any of it and immediately felt way out of my depth. The judge was incredibly grumpy and super quick which did not bode well for me. After about 4 cases it was mine and the judge read out that I had applied for a time to pay direction and that it had been rejected by the pursuer. he spent a couple of minutes flicking back and forth between the documents and I expected him to just grant it in their favour without even asking me anything. Eventually he looked up and asked their solicitor what they were seeking. She started saying a full decree for the balance of £11,117 plus costs but the judge cut her off and said 'no chance. you''re getting nothing.' I was shaking my head as she said the amount but clearly he knew it was wrong. He then said I had offered payments of £204.xx which they had rejected. he then asked her what the contractual monthly payments were. She fumbled with papers for a minute and I raised my hand but he gave me a wee smile and shook his head at me. Eventually she said she didn't know. the judge said, I bet Mr XXX knows and I said £193.02. their solicitor was so embarassed and started apologising to me and said she would pass the information on to TLT. He then asked her what the arrears were and she fumbled for a minute or two again before saying she did not have that information. He told her it was £356. i said 'correct' he then said it was 'outrageous' and that I shouldn't even be there. he then looked me in the eye, leant over and said 'get yourself a solicitor. I will suspend this for 4 weeks for you to get one' Whilst it means I do have to go back, the demeanour of the judge was extremely positive towards me and completely humiliated their solicitor. I mean he tore her to shreds! I got the impression that the 'get yourself a solicitor' was more of a 'these clowns haven't got a clue what they are doing - this will go in your favour' - I could be wrong but that is certainly the impression I got. I'm pretty sure he had seen from the various documentation that they had submitted the wrong credit agreement, wrong termination date, wrong balance, had never accepted any of my offers to pay, declined my time order when clearly I offered more than my contractual payments, and then turned up in court without any of the information. he was furious with them. Further more, their response of rejection of my time order application again had the wrong balance and wrong termination date on it (they had it terminated before the default had been issued) the only words I said were '£193.02,' 'correct' and 'can I leave?' their solicitor continued apologising to me right at the end saying she would pass it all on to TLT. I'm feeling confident that TLT will agree a settlement before the next court date (30th of September). Fingers crossed.......!
  6. Just to update this and get a little bit of last minute advice.... I submitted my application for a time order to the court offering payments of the regular installment amount plus the arrears divided up over the remainder of the agreement and enclosed a breakdown of my finances. About 10 days later, I received a notification from the court, and then TLT, that they had rejected my offer and set a date for the hearing of this Wednesday. While all of this has been going on, I have continued making the payments on the car. When I call BPF's automated system it still acts as if my account is live and gives me the balance outstanding and tells me I am a month and a half in arrears. They have also sent me an annual statement which shows I have continued making payments on the car. The response from TLT shows an incorrect balance. It still shows the same balance as the letter they sent out many months ago and does not take in to account any payments I have made since. I'm starting to think they are not aware of the additional payments. For going to court, what do you think I need to prepare? I was going to take the following: A copy of all correspondence from BPF & TLT A copy of my recent payslips A copy of the statement from BPF showing all payments and balance I have typed up a list in chronological order showing all correspondence by letter/phone and payments to keep me right Copy of the credit agreement Copy of the CCA 1974 with section 129 highlighted Can you think of anything else I may need? I don't really know what to expect!
  7. Just wanted to say thanks to both of you for all your help over the last month or so. I'll get this time order submitted asap. I'll update this thread with the outcome when it happens. Thanks again!
  8. When I submit my form for the time order, for the suggested monthly payment, do I just put the original monthly payment amount? Also, the amount that is on the writ, doesn't include payments that I had made since first being written to by TLT. By admitting the debt, does that not mean I am going to be paying more than what I should be?
  9. I can't see a date for the hearing. It appears as if I have 21 days to notify the court if I intend to defend or to apply for a time order. It says the expiry date is the 3rd of August. The bit that really annoys me is in the 'Condesendence' of the writ, the fourth and final point is "The pursuers have called upon the defender to return the goods and to make payment of the arrears under the agreements. The defender refuses or at least delays to do so. This action is accordingly necessary" I offered to clear the arrears and make the payments on multiple occasions and each time they have never responded!
  10. It asks for the court to grant an order to return the car, failing that to grant them a warrant to take the car, or if they are unable to get the car, to grant a decree for the oustanding balance. On further inspection, I note that the car registration, and chasis number on the writ is correct, however the credit agreement number specified in the writ is incorrect and contains the incorrect value. I'm not sure what you mean by the number? Many thanks!
  11. Right, I am hoping someone can shed some light on this. I have just had a sheriff officer at my door serving me a citation for court. To give an update, after last speaking to TLT, I continued and made the following months payment plus an additional £30. I received a letter from TLT a few days later saying that Barclays had said that my last payment that I had queried with them had arrived a few days late and that is why they cancelled the agreement. I called TLT and said that this wasn't what I was asking, I was asking for them to accept for me to continue making full payments. She said she had asked them but had not heard back from them and she would contact them again an acknowledged the payment I had made. She also said she would advise them to accept my proposal. I never heard anything again until today. Now the interesting part...... In the claim that was served on me, it seeks possession of my car with the correct registration. However, the credit agreement that they have attached is not the correct one. It is for a totally different car with a different registration plate, along with incorrect monthly payments and total value. The agreement they have sent was cancelled as the car that is on it was sold before the payment was agreed and finalised. They have also included a Time for Payment form which I intend on filling out but I am interested to see where I stand with the documentation that has been served on me! All help greatly appreciated.
  12. Right, quick update. I did try to call back TLT earlier to confirm that they had understood what it was I was asking and offering, however they have not answered or returned any of my calls. I have spoken to NationalDebtLine and also managed to locate a copy of a time order application form. I was advised that these are not very common in Scotland but are most definitely valid. Was advised to speak to either a solicitor or Citizens Advice to get help filling it in (although it doesn't seem overly complicated, but better safe than sorry). I'm going to make an appointment on Monday for this. Hopefully, I will hear back from TLT/Barclays saying they accept the offer of full payment & arrears, but if not, it sounds as though as long as I offer to make full monthly payments plus a bit extra, and can prove that it was a temporary blip and I can indeed afford the payments, then hopefully it should be approved. Please correct me if any of this is wrong or if you have any alternative advice as to how you think I should proceed.
  13. Well, I just spoke to BPF who this time refused to speak to me and told me I would have to go through their solicitors TLT. I called TLT and explained everything to them again. They told me they wanted full payment or the car back. I explained I had the money and was happy to clear any arrears and continue making payments. The lady said she would have to speak to Barclays but threatened court again to take the vehicle. I explained yet again that I was happy to come to a payment agreement with them but if they insisted on going through the courts I would apply for a time order. She told me 'if you knew anything about the law, you would know you cant do that until we have began court proceedings against you'. I've got a horrible feeling this is going to be a long and drawn out process. She is off to see if Barclays will accept my offer anyway.
  14. Bad news! After my initial jubilation, it turns out it all might of been a bit pre-emptive. I called back yesterday evening as I had agreed with them to make a payment for the overdue amount, only to be told by the person on the phone that the person I had spoken to earlier did not have the authority to re-open my agreement and that only the collections department could do this who were now closed. She did say that once an agreement has terminated, they usually will only accept full payment or surrendering of the vehicle but I should call back tomorrow (today) to see if there was anything they can do. Rather frustratingly, today is also the last working day I can speak to the solicitors before they begin court proceedings and I am stuck in work all day. I'm going to phone them first thing this morning, but I am not getting my hopes up as it didn't sound too positive last night. One thing she did clarify is that the reason it was terminated was that although I paid the arrears that was on the default notice and what was asked of me on the automated system, another months payment had been added on literally a couple of days before the payment went through which meant I had underpaid by a month. I've been on the website for my local sheriff court but cannot find anything to do with time orders. Is this something I will need to go in to the court and get a form for? Can I apply for it this morning and any idea how long the process takes? Also, you mentioned telling BPF that I would get a time order when I spoke to them. If I do this, can they decide to rush through the possession before the time order is agreed? i.e. can it make things worse? If necessary I will take time out of work this morning to go and get it filled in and begun. As always, my sincere thanks for your help.
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