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  1. hi both, We have filled in the form and have double checked, but just need clarification on the first part of the form where it states "I cannot pay the amount ordered and I wish to apply for a) suspension of the warrant and/or b) reduction in the instalment". There hasn't been any offers of instalments etc. just a clarification of the amount owed but no payment plan offered nor request to have the monies paid by a certain date or in full etc., so on that basis, which box do you recommend we tick a) or b) or both or neither? Thanks in advance
  2. thanks both for your replies. My husband has taken a few days to consider what he wants to do and he would like to go down the N245 route. I presume that I can download the form off the government website/court website etc. What does the procedure look like once the form has been submitted - is the form sent to all parties for consideration, does there need to be another hearing etc. I understand there will be a fee for submitting the form. thanks in advance
  3. thanks for your reply. re the SAR for Link, the letter was dated 11 January so a little over 7 weeks ago. Kearns have sent recent correspondence from themselves, a letter from lloyds (transferring debt to Link) and LC Asset 1 S.a.r.l; applications, Land Registry RX1 form, Certificate of Services, print outs of activity on their file (including excerpts notes on letters, emails, phone calls etc). All letters prior to claim show correct address. Yesterday we got served a final charging order. I have attached the redacted pdf. Can you confirm if we are accruing interest on a daily basis as the order seems to suggest that "...together with any further interest due"? If this is the case, and if we continued with the advice above re the restriction k in that they cannot force payment or sale etc., would that mean we would be accruing more debt against the house? Having been served this, does this mean that the N245 now is out of the question? What do we do next? redacted final charging order.pdf
  4. Hi, the 28 day deadline for return of the data request has now passed and we have gone through the paperwork. we have had responses from the solicitors, and from Lloyds Bank. The bank sent us 4 x bundles of paperwork, although no. 4 was for a completely different person so they’ve obviously messed up somewhere. But the details we wanted around the credit card was supplied and we now have a full paper Trail of correspondence that we didn’t have. Link received our SAR letter as they signed for it, but they have sadly not responded. Is there anything we can do about that? in terms of our next step I’m not sure whether we have anything to go on to fight this. Would welcome any advice of what to do next. What is the advantage of going down the route mentioned above with the N245? thanks in advance
  5. Hi we have had one SAR letter back from The solicitors. What an eye opener that has been! although we haven’t received any postal letters throughout 2020 at all from the court or from the solicitors/link/bank, the logs show there have been countless text messages and calls to his phone over the the course of the last 18 months plus emails from link unbeknown to me (but not from the bank though). clearly he cannnot deny these and has chose to bury his head in the sand and not tell me about it. You were clearly right that he hasn’t been honest with me. where do we go from here? I would rather him set up a payment plan to pay it back and resolve this ASAP. I understand that the ccj will be on his record for the next 6 years and the restriction k will be on the property and there isn’t anything we can do about that is there. But what do we do next? TIA
  6. So in layman terms this mean that it’s going to go against my name as well? If so, how is that possible? Does this now change your previous advice that this will now affect my credit rating and cause issues for me obtaining potential credit in the future? sorry if these questions seem a bit silly or thick but I am way in over my head with all this, I’m overwhelmed and basically sorting this out on my own.
  7. ok this should be fine now. I note that it states on the interim charging order in paragraph 3 that if the interim charging order has been made by a court officer.....14 days after a party is served with this order that a reconsideration request needs to be made - would this be a request to set aside? Redacted Kearns' letter and encls correct.pdf
  8. apologies I have misunderstood your request. Will upload Kearns letter shortly. The last credit card statement, which I found last night, was received in February 2019 and I can confirm that it has the current address on it.
  9. Here you go. I have uploaded the redacted versions of the letters only. please let me know if I need to make any amendments or if I can proceed to sign and send. thanks for your help so far! SARs letter redacted.pdf
  10. Ahh that’s great will do and have already enclosed with my letters our current council tax bill. So will take a copy of the kearns letter and encl also. will upload shortly.
  11. I'm equally as puzzled! ok I have just done 2 x SAR letters to Lloyds and Kearns. Do I send one to Link or LC Asset in Luxembourg or are they one and the same? Once confirmed I will upload. TIA
  12. ok, here is our completed questionnaire. Name of the Claimant ? LC Asset 1 S.A.R.L Date of issue – . No Claim Form received. Judgment or order on 18 November 2019 Particulars of Claim What is the claim for – 1.the claimant ('c') claims the whole of the outstanding balance due and payable under an agreement referenced 5187913.... and opened effective from 21/11/2012. 2.the agreement is regulated by the consumer credit act 1974 ('cca'), was signed by the defendant ('d') and from which credit was extended to d. 3.d failed comply with a default notice served pursuant to s87 (1) cca and by 15/10/2019 a default was recorded. as at 15/11/2019 the defendant owed lloyds bank plc the sum of 1851.40. 4.by an agreement in writing the benefit of the debt has been legally assigned to c effective 15/11/2019 and made regular upon c serving a notice of assignment upon d shortly thereafter. and c claims- 1. 193140 2. interest pursuant to section 69 county court act (1984) at a rate of 8 % per annum from 15/11/2019 to 20/10/2020 of 12583 and thereafter at a daily rate of 39 to date of judgment or sooner payment. date 20/10/2020 What is the total value of the claim? £2202.65 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? In our local branch Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lloyds assigned/sold to LC Asset 1 S.a.r.l Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Have found out this evening whilst going through bank statements that, husband was paying by FPO monthly up to 28 February 2019 and no payments were made after that. In his records for March 2019 he paid out a lot of money to have the car fixed and missed the March and April payments but having gone through our lever arches I cannot find any letters/monthly statements re his credit card since February 2019 and no emails from the credit card company since 2016. What was the date of your last payment? 28 February 2019 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. Just by way of interest, as we jointly own the house/mortgage, will the restriction k affect my credit rating/means of securing any loan etc. in the future? I have googled this question, but all can find is what relates to my husband's position and not mine. Could we be made to sell our house? thanks in advance. Any more info you require, please don't hesitate to ask.
  13. Hi both We go through our post meticulously and everything is saved in lever arches, especially bank/finances so I can keep a paper trail (unless it is junk and that gets thrown away). I have spent all morning going through all our lever arches and I can assure you that we have had absolutely nothing. My husband has also gone through all his emails (just in case) - nothing. He said he had a few miss calls a few weeks ago from an unknown number but no voicemails were left so thought it could cold callers etc. There has certainly not been any letters or claim forms coming to this address. When my husband took out the card in 2012 we were living at a different address in another town, however, the credit card is with our bank Lloyds. The bank were notified when we moved in 2015 (we have lived here for 6 years) of our new/current address in relation to our current accounts . Im not sure whether these are different entities in relation to areas of business and, therefore, when the current accounts were updated with our new/current address that a separate call needed to be made in relation to the credit card? Also what came with the letter was the application for charging order on land but what was attached to this, along with the Land Registry title, was a retriever search so I'm inclined to think that they have used this to find where he is currently so perhaps did not have his current address and had the old one. Is it normal that the court did not have an original claim form? It would be interesting to know whether it had his old address on it. Could the Claimant's solicitors have issued an updated Claim Form? I presume that the only way I can obtain this is from the Claimant's solicitors? I agree this doesn't make sense to us either. We have been left very shaken by this but I can assure you that this is completely genuine and we really need help. .
  14. Hi dx Rang back the court yesterday afternoon. They do not have the original claim form! I got them to read out the address they have on the judgement and POC and it is our current address. We will fill out the questionnaire today/this evening and will read the link you have kindly supplied. thanks for your help, much appreciated.
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