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Will Goodfellow

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About Will Goodfellow

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  1. Why does she want to renew the contract if she wants to move out? A new contract would mean that she is bound by the fixed term so would be liable for rent until the term finished. Because there is no renewed tenancy does not mean that she has no tenant's rights. The landlord still needs to give sufficient notice to evict her, and she needs to give sufficient notice to leave too. What that notice period is depends on what type of tenancy was originally signed.
  2. Start parking properly If you keep your doors locked, the bailiffs cannot force entry to take your goods. You might want to hide your car, though, unless it's essential for your work and worth less than £1350.
  3. A CCA request is only relevant where the debt is a consumer credit agreement, it's unlikely this is. What would be useful is a copy of the agreement which your son and son in law signed, then you would know what they are liable for if anything. If there is liability and your son in law is the guarantor, your son and son in law have joint and several liability. If a CCJ is granted against your son in law, a charging order on his property is a possibility.
  4. Don't pay anything until the bailiffs have given up and returned your account to your council. Keep the doors locked and don't let the bailiffs in. If you pay now, some of that money could be given to the bailiffs to pay their fees.
  5. Because the creditor or creditors can does not mean they will but there is no restriction which prevents a bankruptcy because a person has no assets. Disposable income is relevant too as creditors can enforce an income payments order where an agreement is not met which will last for at least three years. It can prevent certain types of employment and directorships amongst other possible restrictions, and also affects certain credit applications in future. Creditors may consider it a fitting consequence of the debt owed even where there is no monetary gain. It makes more sense for the mortgagee to apply for a CCJ in this case as there is more chance of monetary gain in the future. Although there is not much it can do if your friend has nothing to take.
  6. Repossessed properties often sell for less than market price but the mortgagor can argue that it has been sold at undervalue. A complaint to the mortgagee and then escalation to the Financial Ombudsman Service if it is not resolved is procedure. Having no assets does not necessarily stop a statutory demand to start bankruptcy proceedings. Whether or not the executive plan is affected depends on whether it is classed a pension or not and what type of pension it is. A future property purchase could be affected, depending on when the banktupcy is discharged or otherwise if a CCJ is granted. Don't forget the statute of limitations is six years for any interest owed after the sale but twelve years for any capital. A CCJ seems more likely even where an undervalue dispute is successful there is likely to still be a large shortfall.
  7. You shouldn't do that. After any priority creditors are paid, the estate should be distributed to remaining creditors on a pro-rata basis.
  8. It depends on her partner's income, possibly not. Carer's allowance is not classed as income in the calculation.
  9. There doesn't seem to be much point paying £50 to vary the order when Cloverfield has no disposable income to pay the debts of £8k plus in reasonable instalments each month. She doesn't own property, doesn't own a car as she uses her son's motability car, doesn't have disposable income over £50 a month so if the total debt is under £20,000, the £50 fee would pay more than half the £90 cost of a DRO. Even if the order is varied, one missed payment can result in enforcement action starting all over again. It's just delaying the process for a while.
  10. There is no point in applying for an instalment order if you have no money to pay, and no point in applying to set aside if you don't have grounds to contest the CCJs. Were the debts statute barred? Gather information about all of your debts and consider applying for a Debt Relief Order if you are eligible, this will write off all of your qualifying debts and you can forget about them. Although it will affect your creditworthiness for the next six years.
  11. They don't have a lot of choice but to accept what he offers if they cannot take control of goods. The builder can keep his door locked to keep the bailiffs out as they have no right to force entry. If his vehicle cannot be seized for whatever reason, they can't do much else.
  12. The amount owed for the full 48 months is £11,280, you are being charged £7,341 so you have not been charged the full amount of interest due over that period. As you only took the loan out 18 months ago, there were still 30 months left and not 18. Paragraph 2.2 of the Terms and Conditions also states: "Unless otherwise provided in this Loan Agreement, all payments will be applied to default charges, interest, then capital." So any payments which you make offset default charges and interest first before capital. Although as mentioned, the consumer credit act means you cannot be charged the full amount of interest if you settle the loan earlier.
  13. Offering a token payment won't necessarily stop a money claim against you unless the creditor agrees. A judge won't penalise the creditor for rejecting the offer either, particularly if you can afford to pay more.
  14. It's usual practice offering a discount to encourage a payment. If it is almost six years since the date on the certificate of termination you can chance it and use delaying tactics or ignore them. They can either make a claim against you or not. It doesn't seem as if they have long left to do that which is probably the reason for all of the recent contact.
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