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Everything posted by horw

  1. Bit drastic and probably a last resort plus couldn't afford anything else nearer work. We're out in the sticks so pay at least half what we would in the city.
  2. Hi Took out a welcome secured loan 5 years ago for £20k paying £353.70 a month over 15 years. Never missed a payment, both myself and my wife were made redundant last November (2011) . We offered £13k to welcome to settle the debt but they refused stating we owe £21k and they could accept no less. We paid off a few other debts and used the rest to help us get through the time looking for jobs. We have both found jobs (my wife is perm and mine is a temp) but the wages are considerably lower than our old jobs (about £700 a month less) plus we now have other overheads such as higher petrol and childcare fees due to working a lot further away from home and varying working hours. We have whittled down our outgoings but are still struggling to pay all basics each month. The loan did NOT have PPI cover. Is there anything we can do. I don't want to default as this may cause problems in future job opportunities. Things are starting to look desperate so need to take some sort of action now. Your advice would be welcome.
  3. Thats given me pause for thought. What about I write to BOS complaining about lack of notification (Termination notice, notice of assignment, copies of payments made etc) also letting them know I will be contacting OFT and also send a CCA request to Cabot? Attack from two fronts?
  4. Cheers 42man, I will send immediately and see what comes out in the washing.
  5. Hi Can anyone confirm if my suggestion is ok to use.
  6. Thanks Both Just want to check whats best? I didnt want to initiate any contact with Cabot so was going to send CCA request with additions such as asking for a copy of termination notice and notice of assignment plus copies of payments to BOS? also stating that as no notices received they call of Cabot until we reolve this situation?
  7. Hi, I have recently received a letter from Cabot stating they have bought my debt from B.O.S, this is the first I have heard about it and was wondering if someone could help? I havent received anything apart from their letter and a copy of a letter from BOS assigning the debt (with my old address on), I havent heard from BOS for years and thought I had been paying through another company? I also think the debt is over 6 years old but have no proof so not sure how to get this? I was going to send CCA letter direct to BOS also asking for copies of notice of assignment etc, can anyone advise if this is something I should do or just leave it as a CCA request? I have not and will not contact Cabot by phone, I wont write either until BOS confirm sale etc, is this legal?
  8. Cheers Bazaar I will wait for someone who has a good legal knowledge and then take it from there, part of me wants to sign and just get it over with as the last 8 months have been hell (not just due to this) but there is still a part of me that wants to fight. Maybe if I ask for the adjournement it will give me time to sort out some legal advice. My partner thinks that as they have knocked off their charges and interest its a good offer, I think they are just pulling another stroke to catch me out. i will see what responses I get this evening and then make a decision tomorrow as I cant keep putting it off.
  9. Hi Jadziadax1 Thanks for the reply, I took the bull by the horns and phoned the court, they were really helpful. Apparently the consent form can be used as a CCJ unless the judgement is actually mentioned as in my case, based on what I told her she explained it would not be classed as a CCJ unless I broke the terms. She also explained if the terms were broken I still have rights to have the case set aside (not sure what this meant) . I also told her about qualifying for legal aid but the court case was very close and I havent found a solicitor yet, she told me to write to the court straight away and ask for an adjournment while I find legal council. This sounds good to me, hoping someone will now look at this and agree this is probably the correct info (I would think so but am double checking everything). Can anyone confirm this is correct.
  10. Spoke to OFT who passed me through to Consumer Legal Services, they took details and apparently I am eligible for legal aid? can this be used in a debt case and as per previous question is a consenmt order considered as a CCJ?
  11. I thought a consent order wouldnt go down as a CCJ?
  12. Cheers Bazaar I will take a look now.
  13. Just read that HFO are having money problems? Any truth to this?
  14. Hi Both The debt is from 2002, they have never sent the CCA (Always ignore this for some reason?) i think I should go with what Docman says and stick to my guns on challenging for this and not accepting agreement. My partner doesnt feel the same. She thinks I should agree but with changes. 1. Request CCA AGAIN 2. Change Review dates to 12/24 monthly in writing only. 2. Payment to be taken by standing order 4. If payment missed then I am to be contacted in writing before any action. 5. All the above to be agreed in writing and signed as per a consent form. This has gone on for a long time and I think she has had enough of the problems it caused. What do you think? I am just unsure of judges at the moment with things I have read and some of the tales like Broken Arrows where the judge didnt give him a chance. And last night didnt help with teh Rankines.
  15. Maybe as licence payers we should all send an E mail to the BBC and highlight the errors and lack of depth in the report, public pressure can make a difference if enough voices speak out.
  16. Hi Docman Spoke to the mediator today and she is happy to help, she did confirm that the consent order can lead to judgement if I failed to keep up payments, she was also very reluctant to advise me any further as she can only mediate, I told her I would need to try and get some legal advice before I decide to proceeed with mediation again. She has rightly pointed out I need to decide what action I am going to take must be this week at the latest. I have just watched panorama, I think they should have looked abit more closely at the practices used by debt collection agencies. If I continue with my challenge based on HFO supplying the CCA I am not 100% confident that in court I can put my case across to the judge. I really am stuck between a hard place and a rock. Confidence is low at the moment due to other pressures at work.
  17. Cheers Docman I have called the court and they have arranged for the mediator to contact me to discuss, I am going to ask that they supply a copy of the CCA before i am prepared to negotiate. The court person did ask why I had already spoken to them and I explained they had called me, I did state that I had mentioned using the mediator but Turnbull had said it would take to long to arrange?? the court chap said that was not the case as there was plenty of time before the hearing? this is probably a case of them trying it on as previously mentioned.
  18. Thanks All I will send a letter today stating that in order to come to terms I would first like a copy of the requested documentation including the CCA. No doubt they will be on the phone to me to tell me the rights and wrongs etc. I do have another option though, the court appointed a mediator so I could phone them and ask them to mediate again, Turnbull asked me not to follow this line as it would cause delay and the court date is not far off. My only issue is that I do owe the money, I have never disputed this part only the way it has been passed to these people with their underhand tactics. Would this not allow the court to move in favour of them??? Part of me does want to agree as to be honest this has gone on for nearly a year and its taking its toll.
  19. Hi All I have received their offer in writing with a General Order of Judgenment or Order n24. They have offered to cancel all charges and costs (about £1000, even though I beleive this was illegal to add anyway) and agreed to acceot payments of £10 per month for the next 6 months then open to review. This is all added under paragraph 1 which shows amount and instalments and dates. Under paragraph 2 is the bit I have concerns - That the claimant shall have permission to apply for judgement forthwith upon the defendent breaching the instalment payments. (they have asked for mobthly payments by credit or debit card and not standing order?) Goes on - And it is further ordered that there shall be no order as to costs And it is further ordered that each party shall have liberty to apply (apply for what?) I would liek some opinions on what is best, I have never disputed the debt only the fact it was passed to them without them following correct procedures and also tyhe additional costs etc. Also is this classed as a judgement like a CCJ? I have to reply within the next week so any help will be appreciated. Thanks to everyone who has already brought me this far, it has been needed.
  20. Hi All Now have my court date and also received a call from the evil ones, they have asked if I am prepared to negotiate with them to save courts and both our time. Anything we agree will be put on a court consent form? which they say isnt a court order or a judgement. can anyone offer some advice please.
  21. Hi All Still awaiting court date, have had nothing yet from anyone. As soon as I know date I will be back.
  22. Hi I have already completed AQ and been through mediation, I am awaiting a court date now, would I be able to use this or is it to late?
  23. evening everyone, Sorry for the delay in replying but pc had nasty virus that has taken a lot of time to sort out. Right mediation went ahead as planned. i asked that HFO produce the correct documents and not the c%$p they sent, they asked for full settlement including court fees and I refused. It now going back to the courts so I am expecting a court date in the near future, I have also taken the time to speak to a few others which include CAB and Debtline, with some of the evidance I have they think I have a good case. As soon as I get the court date I have to call them for further advice. With the advice from this sight as well I feel a lot better about going to court. One thing I will say to everyone is keep hold of everything they send and tape every call they make if possible this will help with your case as the judge will recognise the fact that you have very limited legal knowledge. As soon as I get court date I will be back for further hep.
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