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Norfolkboy

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About Norfolkboy

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  1. Hi everyone, My wife and I separated last year. We have a mortgage in joint names for a property that neither of us now live in, with Platform Home Loans. The property is empty. Because we both now live completely separate lives in new accommodation (rented) neither of us can afford to pay the mortgage in full. We don't want to keep the house, we just want rid. The house has been up for sale since early Dec 2012. We did get into some hefty arrears before we split, and Platform have a suspended court order over the house. Platform are threatening to activate the court order and repossess the house even though they have proof that it's on the market. One of the options we have considered is handing the keys back to Platform so that they have control of the house. Is this a good option? What other options might be available at this point? In some respects neither of us are bothered about repossession, but the costs look horrific. Grateful for any advice. Many thanks, Norfolkboy
  2. Tomtubby, thanks for your reply. I've writtren formally to Rossendales to get a break-down of all charges applied to the account and am still waiting for this, so at the moment I'm not sure about the fees for the levy that never happened. As far as the bailiff himself is concerned, he wants payment in full (funny old thing) and has not been amenable to any sort of payment offer so far. All he has stated is that he is getting hassle from his head office (not true - I checked) and hassle from the district council (not true - I checked) to get the debt cleared off. Although neither of the cars I mentioned above are registered to me, I do have a car of my own. I seperated from my wife recently and given that she is disabled I persuaded Rossendales head office to use my new (rented flat) address as the 'enforcement' address. My car is at the new address - but although my wife and I have parted, there will still be legitimate times when I need it to transport her; so for example, next week I have to get her to a hospital appointment where for treatment reasons she won't be able to drive herself. I have nothing of any value in terms of possessions, but the car is a bit important and in my view about the only avenue the Bailiff could go down to get any sort of lump sum recompense from me..... I feel compeletely stumped with all of this!!!
  3. Apologies - I didn't make myself fully clear. I persuaded the district council to take a payment off me over the phone - effectively I bullied them in to it. The debt still lies with Rossendales, although as I say they were most aggrieved that the council had accepted a payment. What I'd like to do is keep making payments to the council through their website but this won't show as coming off the old debt, it will show as coming off the current year and as I have a payment plan in place for that I don't want to disrupt it. The council have said they won't accept any more payments over the phone and I need to pay Rossendales - but if I pester the council, presumably they aren't going to refuse a payment??!! Please could someone explain the levy situation? Hoew does that work and what does it mean? Thanks for all your help as ever. Norfolkboy.
  4. I'm having an onbgoing battle with Rossendales over an old Council Tax bill. I've followed lots of advice from this forum and incredibly helpful it's been (always is!). I have had some advice from the CAB as well, and interestingly they say that in their experience it's very rare for bailiffs in a Council Tax scenario to touch cars. Not sure I quite buy that, as one visit from Rossers saw the Bailiff bloke looking to seize, impound, whatever the term is, 2 cars on my driveway. Fortunately, neither car was registered to me and he had to back down. My question really is whether anyone out there who has banged heads with Rossendales has had them take their car? I think I have everything else sorted (and indeed have persuaded the district council to take payments from me, with Rossers were most unhappy about), but am concerned that I need to keep the car. I know I can park it elsewhere and walk home, not a problem - but just trying to gauge the likelihood of the man trying to take the car. Grateful for any thoughts. Cheers!
  5. Jogs, Cheers - but we did receive court paperwork.....I just didn't return it because I was so convinced that a lack of an original signed agreement would nullify any action they might take. They just didn't notify us that the court action was actually happening (ie, the date/time). Where does that leave us?? Can I still apply for a set-aside? Thanks again. Norfolkboy
  6. Firstly, some while since I've been on here so apologies straightaway to Mods if I've posted in the wrond place. In 1999 we took an unsecured loan with Nationwide for £15K. We paid approx £6K off it but then ran into major financial difficulties. The loan was eventually sold on to DCAs and did the rounds, as they do. Each time we were contacted, I sent the standard 'prove it' letter with no particular result and so it went on over the years. In early 2010 Nationwide themselves got in touch to say they wanted the loan paid off or they would take court action. I wrote several times and asked them for a copy of the original signed loan agreement. This did not appear despite a number of requests, and Nationwide were extremely vague about the whole thing. All went quiet. Then, this year, around March/April, Nationwide got back in touch again to say they wanted the loan paid off or they would take court action. I wrote again and asked for a copy of the original, signed, loan agreement. Nationwide then wrote back to say they could no longer locate the original signed agreement, but also sent some court papers out. I went back to point out that without a signed original, in my belief, any proposed action would not stand in court (but like a fool didn't send the court docs back). Eventually, we were sent an UNSIGNED print of a loan agreement naming us and giving details of a loan. The Nationwide people stated that in their belief this represented a 'reconstitued' loan agreement and that any action would stand. Whilst I was still trying to get advice about this, Nationwide took us to court without our knowledge and obtained judgements, the details of which we received in the post yesterday. Firstly, grateful for any views on whether printing a new loan document without our signatures can constitute an agreement. This strikes me as just 'making up' an agreement, which could be done to anyone, not just us!! Secondly, we have never ever had a judgement made against us and I am not sure what to do next. Should I speak to Nationwide and seek a payment agreement? The court document says I have 4 days to find £9K, which just isn't going to happen!! Surely Nationwide can't just send the bailiffs in without giving us some chance to find the money? Should I try and strike a compromise deal? Really grateful for any steers - I really feel we have been treated wrongly here and that Nationwide's action has been unethical. Many thanks, Norfolkboy
  7. Grateful for a bit of advice if poss. In June 08, Capquest posted me a Stat Demand in respect of an old credit card debt. The residual debt, which I am paying off with them, is now around £1800. Recently, I completely forgot to send a payment in and received a computer generated letter from the revolting H H Legal (albeit from the Capquest address), pointing out that Capquest had served a Stat Demand on me in June last year and that given that I had acknowledged said Stat Demand (I didn't, but never mind that) they were considering taking me for bankruptcy. H H Legal had also got a much higher monthly instalment figure as well, but I wrote and complained that they were trying to extort money etc and the lower figure was resumed. I then wrote to them with a payment, apologised for the delay (through gritted teeth) and the debt continues to reduce. However, I have 2 questions for you learned ones: 1. I thought a Stat Demand expired after 4 months and would need to be renewed after that? Right or wrong?? 2. How mugh does it cost to take someone through the process of making them bankrupt (I know issue of a SD is no cost)? I thought it was a fairly costly exercise and well in excess of the £1800 that I actually owe? Many thanks, Norfolkboy
  8. Grateful for a bit of advice if poss. In June 08, Capquest posted me a Stat Demand in respect of an old credit card debt. The residual debt, which I am paying off with them, is now around £1800. Recently, I completely forgot to send a payment in and received a computer generated letter from the revolting H H Legal (albeit from the Capquest address), pointing out that Capquest had served a Stat Demand on me in June last year and that given that I had acknowledged said Stat Demand (I didn't, but never mind that) they were considering taking me for bankruptcy. H H Legal had also got a much higher monthly instalment figure as well, but I wrote and complained that they were trying to extort money etc and the lower figure was resumed. I then wrote to them with a payment, apologised for the delay (through gritted teeth) and the debt continues to reduce. However, I have 2 questions for you learned ones: 1. I thought a Stat Demand expired after 4 months and would need to be renewed after that? Right or wrong?? 2. How mugh does it cost to take someone through the process of making them bankrupt (I know issue of a SD is no cost)? I thought it was a fairly costly exercise and well in excess of the £1800 that I actually owe? Many thanks, Norfolkboy
  9. Thanks. Think I know where YOU are coming from.
  10. Presumably, though, if I go to my local court and set this aside, it indicates acknowledgement?
  11. 42man, The SD does not have any court stamp on it at all, official or otherwise! Nor is it original signed, if that is of any interest.
  12. 42man, Thanks. The result of the CCA letter was a photocopy of my signature on the application form for the credit card, titled 'credit agreement regulated by the consumer credit act 1974', and dated 23 Feb 99. The rest of the document is not there. Capquest also provided statements for the account, which do show some late payment charges (£15 each time) and, of course, interest. Not sure if these count as excessive. I wouldn't, of course, send anything to this lot without it being Recorded Delivery. My worry, as I say, is that I might imply receipt of the SD - and this I am not prepared to do. If Crapquest had the b*lls to do things properly, I might give them more time. But as things are, I just want to get the debt cleared. What I will do at a later date is SAR them, as they wrote to tell me they had carried out investigations into my financial affairs before threatening the SD. I want to know what, if anything, they did. And if they didn't carry out 'investigations', then I shall engage my solicitor!!
  13. I have been paying off an old credit card debt (£2650) with the awful Capquest under a payment arrangement agreed with them (quite happy to do so - I owed the money and want to clear the debt, been through the CCA route etc). Unfortunately, I've been ill, ending in a trip to hospital, and missed a payment at the beginning of this month - admin not being top of the priority list! I contacted Capquest and made a payment by debit card when I realised. They then told me that the arrangement was now null and void, and that they had 'writen me a letter' about the matter. The letter, of course, when it arrived was a Stat Demand. They want me to phone thm today to discuss the 'letter'. Now clearly, I am not going to do that as it would acknowledge recepit of the SD. But equally, I want to write to them with an offer for a reduced settlement - which I can just about afford, and I really want this off my back. BUT: I do NOT want in any way to indicate receipt through the post of the SD. Any thoughts please?? Presumably, a straightforward letter of offer would not imply that I had received a SD from them? I'm really stuck with this one. I want to pay the debt, but don't want to get into SD territory, especially as the SD hasn't been correctly served. Help please!! Many thanks, The Norfolkboy
  14. Yes, some considerable while back. They sent me a front copy of the card application form........eventually.....
  15. Hi Folks, Seeking a little help. Lowell/Red have sent me a Stat Demand, 2nd Class Post, about an old Barclaycard debt (originally dating from 2000, but not unfortunately yet statute barred). They did the Stat Demand thing previously at the beginning of 2007 - again by 2nd Class Post - and nothing came of it despite the usual threats from, at that point, Hamptons Legal. Having been through the cycle once already, I have to say that I am less panicked by this than 1st time around - especially as I do not believe the delivery method constitues 'Service'. But on the basis that one should never take these things lightly, nor make assumptions, does anyone out there have templates for the Stat Demand set-aside forms?? Really grateful if someone could pass them to me here. Many thanks, The Norfolkboy
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