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  1. I need help a.s.a.p !! I have a restored possesion hearing on 6th July. I am reading everywhere about entering defence but only got 1 sheet cant locate anything else. we have a 2nd charge for £37000 have arrears of £3100 my husband has gone from 2k a month job to £285. I have today spoken to the company , they have taken income and expenditure form. I have confirmed I can pay monthly payment for 3 months but no arrears as yet i payment made today, previously was March . My husband has a injury claim going through from his old employer so when this is settled would clear arrears. We are alos hoping he can get a job soon. Please help what can i do ????
  2. I'm currently unemployed and claiming Universal Credit and Council tax benefit. My council, knowing I'm unemployed and what I'm claiming is chasing me for arrears and has rejected the best offer I can make and pay every month. I've laid out where my money goes and politely told them to forget it. Where do I stand legally ?
  3. Hi I'm hoping you can help my sister with this quandary. She has some mortgage arrears for various reasons but they are now wanting to sort this issue out. A court hearing has been booked but her mortgage company have called and said they are willing to help and look at options. The arrears are around £5800. Going forward they can pay the contractual monthly payment plus an amount towards the arrears. The mortgage company say they will consider this but a i and e form must be completed. So I'm trying to help her work out what might be seen as a reasonable offer Their income is £2700 pm and essential dd etc including mortgage is £1715. On top of that we've allowed for food and a few other bits. So the remains non essential balance pm is £500. How much of that should she offer and leave herself for entertainment, unexpected expenses etc which would seem fair to mortgage company or potentially a judge.
  4. Hi guys, I'm new on this site, so please be gentle... I took out a £85K loan with Firstplus in 2006 for a business, unfortunately, in 2010 our main client stop paying us, and that's when the problems started. FP were great to start with and let me pay reduced payments, but the arrears built up. Eventually, they transferred the loan to a company call Redcastle (still on reduced payments) and then at the start of this years to another company called Elderbridge. I contacted a website called [removed] and the advice one of their recommended advisors gave me some bad advice. He/she said to stop paying even the reduced rates, starting various things Elderbridge had done wrong. However, it looks like it was all totally wrong. Now I have even worse arrears and Elderbridge are quite rightly threatening repossession. Thankfully, I now do have funds available to start to pay off this loan but was wondering, what I should start paying and should I try to negotiate with them, to try and get a lower figure, as I'm sure they bought the debt for a fraction of the price. Any advice would be brilliant.
  5. Hi everyone, not been on the forum for a long time, mainly due to the help and advice I received at the time! I have a quick question, but first a bit of history. 6 years ago my wife was made redundant. She was earning a great salary at the time, so we were hit quite hard. Had to make arrangements with all creditors, most of whom hit us with defaults from every angle!! We have a Together mortgage with NRAM. The secured element has always been kept up to date, but 3 years ago we made an arrangement to make reduced payments. Should have been paying £140, but been paying £40. They agreed 0% interest too. Well, life has moved on and thankfully now the defaults have started to disappear from the CRA files, and by this time next year they will all have gone. Hallelujah!! Unfortunately (if thats the right word?), NRAM didn't default us on the unsecured loan, so it shows as LATE PAYMENT on the CRA file, with arrears of £4000. I want to pay them more now, but I'm not sure of how to do it in the most cost effective way, but as importantly, I want to get the CRA file cleared up. We're currently paying £40. We should have been paying £140. I can only afford to pay £140 now, so not in a position to clear the arrears & can't imagine we will ever be. My ideas were:- Divide the total outstanding balance by the remaining term of the mortgage = £80 a month. I pay this every month, they amend the CRA file to show no arrears. Obviously they'd have to keep the interest rate at 0% for this to work. I know thats a big ask, but they'd be getting double what they are now. The alternative is I stop paying, they default me, I provide a budget planner to show I can only pay £85 a month, interest is frozen and the default disappears in 6 years. If they won't agree to my idea above, this is probably preferrable for me... Alternatively (and probably more realistically), they agree to capitalise the arrears and I repay the new balance at the original interest rate over the remaining term of the mortgage. This would be about £125 a month. I'd be happy with that too. One thing that's strange is that I'm CERTAIN we took the unsecured loan out over the same period as the mortgage, but it seems to have 10 years less to run now??!! Maybe the old grey matter isn't what it once was! Anyone any thoughts on this situation? Are they likely to agree to my 0% suggestion? Might they go for the capitalisation of arrears idea? One final word for anyone going through what we've experienced over the last few years. Don't Worry! A few years ago we thought our world was ending, sleepless nights, arguments, and lots of letters to various DCA's, solicitors etc. .. 6 years flies by, life goes on, and there IS light at the end of the tunnel. Once thing we have learned is that credit is evil, and creditors are not nice. If we haven't got the cash, we don't have it. A lesson our grandparents tried to teach us, but we knew better didn't we?
  6. Hello after a bit of help trying to reclaim mortgage arrears charges through the Financial Ombudsman charges total £5000 of which i have paid £3500 through increased mortgage payments I have now been allocated to an adjudicator whom i have spoken to today Trouble is he wasn't that clued up and i think he s going to dismiss my complaint he said that he has looked at the charges and has spotted some that should not have been applied but most of the £40 monthly arrears charges are stated in my terms and conditions so he see s these as fair i told him about the FSAs guidance where they state excessive charges can be refunded he said he never heard of it so i sent him a link about GMAC where they had to repay £2.900000. is there anything else i can send him before he makes his decision any help would be appreciated
  7. Has anyone got an address to contact Future Mortgages so as I can try to reclaim my charges?
  8. Hi there, Could someone please advise me. I'm in arrears for 3 months rent on a 12 month lease. I paid 12 months upfront for the first year and am late 3 months on the second year. I have received a letter from the landlords lawyer stating that if I don't pay the whole 12 months within 10 days that they will take further action. I did sign the lease for a further 12 months and am expecting payment from my employer which is late. This has caused my inability to pay the rent. How long do I have until I get evicted? Many thanks in advance..
  9. Amongst other issues dispute with Welcome Finance, initially attempting to repossess car "forthwith no court order needed" as it was "linked" to a joint personal loan the hp in my name only and not in default +over1/3 paid Dealt with that one sharpish. When over 1/2 paid finances tight with divorce very carefully enquired regarding re negotiating payments advised not possible so again very carefully said that I wished to exercise my right as sufficient sums had been paid to return the vehicle in full settlement, after some time I had to sorn it and put it into secure storage. Then it was removed. Then the you owe thousands letters started eventually told to put up or go away ...long silence now after sending a notice they are terminating agreement and will recover car( been gone a year) calls and finally a letter asking for £2,064.19 from Atlas who are "a trading name of Welcome Finance" I have replied: 17/11/2011 Dear RE: Notification of Instruction Your ref: Thank you for your letter 14/11/11 advising me that you have instructed yourselves to deal with this matter. As you have already no doubt carefully noted the letters and faxes sent regarding this issue you will be aware that there is no outstanding liability to yourselves for yourselves to pass to yourselves trading under any name and I am therefore surprised that you have instructed yourselves in this manner. I assume that the turmoil caused by the recent financial difficulties of the group may have introduced some lack of clarity within your procedures. This matter has been discussed with yourselves in detail before your cessation of loan activity and restructure and I see little point in resending the letters etc. to you acting for yourselves under a different name. I would make clear to you that I will not accept any dealings with yourselves trading under any name or by agents acting on your behalf, by means of phone calls, texts or any other means of communication to any phone number or other electronic account that you now hold or may obtain. I will take appropriate and proportionate action should any such contacts re-commence. It is your responsibility to ensure that any such agents comply. As you have drawn my attention to this matter I had considered closed I will of course undertake a review and I will contact you as soon as is practicable should I find any miss-selling, over or unlawful charging or practices which would give grounds for my making a claim against yourselves. Yours faithfully Anyone had any dealings with Atlas Collections? I suppose a SAR is next and settle in for a long haul
  10. Hi I made a complaint to the financial ombudsman regarding the charges that this company had applied to our mortgage. (we are no longer with this company). The ombudsman have come to a decision that SPML must pay us 1500 pounds by the 28th August. SPML have not complied with the ombudsman when they have requested any paper work connected to our old mortgage. I dont think that they will pay up by this Thursday, so what will happen? will we have to take it to court? Can the ombudsman step in or because they ahve made a final decision is this as far as the ombudsman will go? Has anyone else been paid up when the ombudsman has dealt with their complaint? Thanks
  11. Hi all, haven't been online for a while due to wife's MS and fighting a battle with PIP (but that's another story). I have a secured loan with GE Money (formerly I Group) with charges for arrears. GE Money increased my payments to recover the charges and I have been looking at trying to reclaim them, but, as there is still several hundred pounds outstanding, I decided not to rock the boat for fear of them trying to repossess and also the effect it may have on OH's health. So I came up with a plan, as I've just turned 55, take a lump sum from pension, pay off charges and then try to recover what I've paid. I have received a letter from GE this week stating that they have sold my account to Elderbridge, (only giving me 7 days notice). Do I now have to go after Elderbridge for a refund or GE Money? I say this because I have already paid GE Money over £2000 in arrears charges and, I assume Elderbridge will want the remainder of the charges. Any advice appreciated.
  12. Hi everyone, I live in a flat which i have to pay ground rent every 6 months. I've always paid on time over the space of 6 years. The account was setup to have payment requests sent via email, a work email. Since October last year that email address no longer existed, better put i had no access to it anymore. I then received a Payment request through the post demanding what is rightfully owed to them but they have added "Ground Rent Arrears Fee" x4 of them totaling to: £330.00, i disputed this amount and sent a cheque of the original amount due of £200.00 saying there was no access to emails since this had become due. They sent the cheque back and demanded the full payment and still are with arrears fees still being added. In answer to my first letter to them explaining about the email, they said i was bound to the terms when registering for an online billing account that all bills would be sent to that email address only. Do i have any space for argue here? Seeing as the fees are so high every time, i have no means to pay it at the moment due to my working hours have been heavily decreased. Can i argue to the fact of the email account or the extremely high charges? Your help would be appreciated. Thank you.
  13. I have a few student loans taking back from 1997, 98, 99 and 00. I went Bankrupt in 2010 but was told my student loans would not be included in my Bankrupcy. I spoke to SLC and they backed this up. I was still receiving deferment forms from SLC and I kept deferring the payments but have now received a letter from Erudio who say they have now bought the debt. I have now read that certain student loans could be put under Bankrupcy so could be written off. Would these loans have been written off when I was declared bankrupt? Was I miss-informed? Any information would be great
  14. I have a joint mortgage with my sister or rather a remortgage, of 87000, We have kept our payments up to date, until I took sick, and have been off work with PTSD, stress/depression, and am currently waiting for treatment. My sister rang them, and she had to phone the CCCS and get a number or something, so that Santander knew that we had spoken to someone about our situation. The woman suggested we paid £50 off a month, we usually pay £591. So we actually paid £200 off for the last two months. Now we both have received letters today, saying that unless we pay the arrears within the next seven days, we will get a visit from a field person. As far as we were concerned we thought this arrangement was for 3 months, and we had paid over the amount they suggested, and the interest was frozen, with no charges. But they say we owe them over £758.00 This has us very confused and frightened, as money is very tight, and we have our essentials to pay for. Does one dept not talk to the other..
  15. Hi, I've just received a letter from Close Premium Finance relating to my car insurance with Footman James. It first notifies me of being in arrears with them, slaps on a £40 fee for being in arrears and gives a future date on which to pay. Secondly, on a seperate page they serve a default notice! Both in the same letter, both with same doc ref and with the same date 04-Dec-2012. Worse still is that I have not signed or entered into any agreement that I am aware of - in fact they sent a letter on 20th Nov 2012 asking me to sign the enclosed agreement as they hadn't received a signed agreement to that date. I never did sign it as it was the first I'd heard of this credit agreement. When I bought the insurance back in October, completed the web form and made my first installment for the insurance on Footman James's website, I was under the impression that I was entering into a direct debit agreement with Footman James themselves (incidently, in hindsight, there was no Direct Debit logo or agreement terms, only a couple of boxes to enter my bank details) and that no third party was involved. So, my questions: What should my action be to avoid a false default being entered onto my credit file, considering I have NO agreement in place and what action should I take to highlight this as a problem (being entered into credit agreements without my permission) to whichever authority? I'm pretty shocked by Footman James's behaviour here so will change insurer I think, obviously telling them why- they sent a letter before the weekend saying my insurance would be void on 14th Dec if I didn't pay Close Premium Finance! Thanks !
  16. Hi I hope I'm On the right thread ...I sent in the reclaim letter to Santander regarding my arrears fee charges (Mortgage) and they've replied with a standard terms and conditions in contract letter could you please advise as to my next course of action please
  17. I am a freeholder with a covenant to pay for the upkeep of communal facilities - which is shared with other freeholds and leasehold flats. My Transfer (TP1) does not have an annexed 'right of entry' clause. The service charges are regarded as estate rentcharges (although not explicitly stated in the transfer). I have very good grounds on disputing the service charges, for which I would actually like to the County Court to make a judgement. The management company employed a solicitor firm a few years ago to threaten me into paying all costs. I paid for costs that I thought were reasonable, which they did not accept as a settlement. I expected a county court summons - instead nothing happened for a couple of years and now the management company have employed another solicitor firm. I've asked the new solicitors to go to the county court for a judgment. Instead, they've decided to approach my mortgage company based on section 121 of the Law of Property Act 1925. I understand that under this law, the management company can take possession of my property only to recover the cost of the rentcharge. However, my dispute is that that I have not broken the covenant as the costs I'm being charged for are unreasonable. The solicitors wrote the mortgage company saying that "under section 121 of the Law of Property Act 1925, to obtain possession a County Court Judgment is not required... if payment is not made within 14 days, we will enter into possession without any further notice". My mortgage company has told them that they won't be taking any action (at least for now) and for me to contact he solicitors to sort out the issue. I'd be really grateful if someone can clarify how they can enter possession without a County Court Judgement?
  18. Hello, 3 weeks ago Scott&co told me they were going for Bankruptcy. This was on a friday over the fone. On the tuesday I was on the fone arranging a new payment plan, placed on hold while he cleared it with his manager, my credit ran out, so the call went dead. When I called back the next day they were closed. When I got back through to them on the friday, it was then I was told they were going for Bankruptcy, despite me telling them it was only tuesday they were happy enough to arrange a new plan.. The total figure owed is over 8k representing just under half of the last 12 yrs council tax (at £1400 per year) including charges. Since finding out about this, I have paid £250 off of the arrears. Last night when I went to pay another £50 using their automated 24 hr system, it would not let me, informing me the system was down for maintenance. I called the today, and the young man told me he could not accept Any payments, apart form the Full Balance. I asked him to send me that in writing, and also that they were rejecting my payment proposal of £150 per month. He said he is not sure if they can do that, we will see. Needless to say, I am terrified. I work, have lived in this house since march 1997. There is around 6 yrs left on the mortgage, it is my only asset. I have enlisted the help of the local C.A.B., and they managed to get me a 4 week suspension, which is due to end in a few days. There are companies that buy properties quickly, for Much less than market value. I do not know what to do. Whist I am very thankful for the CAB, and appreciate they have a lot to do, the fact is communications with them is like pulling teeth. It is a closed office here in this small fishing town that handles money issues, and I can Not get the to answer the fone. So today I wrote a 4 page letter to them, and posted it through their door. So, I await any reply from them. The only comms so far, has been me filling out a large CAB set of forms, handing them in, then getting a letter stating they had attained a 4 week reprieve. I rang Aberdeenshire Council direct, and spoke to a young lady called Sara, she said she could see the £250 I had paid, and said I ought to ring Scott&Co and given the payments I have recently made, they should agree a payment plan with me, but you can read above what their response was/is. I feel powerless. What am I to do if they will not receive payments, not agree a payment plan, and intend taking me to court. What will happen ? Will the Sherriff put me out the house, and it go up for Auction ? It is Aberdeenshire Council to whom the money is owed (a lot of it is charges and the single persons discount I never received..) I am not expecting miracles, but would be very thankful for anything you may think will enlighten me. S Thankyou,
  19. Hi As the subject suggests, can anyone please tell me what is the time frame in which to start (or complete if required) a case to reclaim mortgage fees etc from acenden? thanks
  20. Hi there. My car payment was missed twice. This is down to a change in bank accounts and carelessness on my part. 4 days after the second payment was missed, a guy from Ceatta Ltd attended my house and attempted to collect car, which was not at the property at the time as my Mrs was out in it. I rang Motonovo and tried to pay the arrears of £850 but they have refused and claimed that the finance agreement has been terminated. I have received no notice of this whatsoever, and the only letters I have received are "notice of default sums". I am aware that those are neither here nor there with regards to the law and are made to look like default notices. The day after the repo guy turned up, a letter came through which was "notice of sum of arrears". This letter states that I should ring them immediately to arrange to bring my payments up to date. However, they won't accept anything but the car! If they take the car, I can't work. I will also owe them around 12 grand as the amount owed is 22k and I can't imagine them getting more than around 10k for the car at auction. My question is can this be done?? We received no notice of termination at all and they are outright refusing to accept payment unless it's the full amount which is around 22k. I have lodged a complaint with ombudsman which could take weeks. I understand that the repo guy isn't a bailiff and has no power to take from private property but motonovo are saying that if we don't allow them to take the car, they will report it stolen. This will greatly affect mine and my wife's job if it goes to police. Can this even be done seeing as it's our name on the log book? This is a hire purchase agreement not a loan. help!
  21. I have about £1400 of student debt from loans I had in 95,96 and 97. I've always been able to defer. Given that Erudio are taking housing benefit, maintenance, etc. into their calculations that takes me over their income threshold. I sent back the old style SLC forms with a letter stating my concerns and requesting clarification over the new form. They ignored the letter and just sent me another copy of their form. My deferrment period is now up and they've since begun to take payments from my account - without any notice of how much and for how long. It appears they've worked out that I need to repay them back over the year and have taken about £110 this month. From what I'd read about repayments I was expecting repayments to be related to a 60 month period. What will happen if I cancel my direct debit? My credit report has only just got out of the red and I don't want them to ruin my credit rating again. Can they really take my housing benefit etc into consideration in their calculation of eligibility for repayments? I'm currently not working so I have no earned income. I always understood that to be eligible for repayments I had to be earning a wage in excess of £20k In the past when I was working part time I never earned enough to have to pay my student loan off. Even so, following a divorce settlement I paid over £3000 of it off when I didn't have to. So I feel really gutted now that I appear to be being forced to repay money to a DCA. I'd like to just cancel my direct debit and just forget about them. Is that possible?
  22. Hi, Just wanted some advice please my son has Rent arrears form 2012/2013 when he was in a hostel for 3 weeks the debt is 580 pounds we have only just recently found out about the debt he has been put on the housing register as he is homeless but he's been suspended from bidding. we have asked how much to pay to be released from the suspension & 3 people have said different things we have said if we pay all off will he be able to bid they said its down to the housing managers to say whether he can bid. one person said 10 weeks someone else said 10 months. my thing is they have had 3 years to find him and they said they don't have the resources to look for him. I don't want to pay all off in one go and they come up with something else for why he cant bid! they say they want to see he pays his bills! can anyone help and let me know what the normal practice is with arrears just want some one to be straight he's been given 30 points for medical & social now he's homeless not because of his doing and he's priority due to mental health so waiting for those points and that process. If anyone can let me know the process would be much appreciated. Thanks
  23. Hi all bit of advice please sorry if am posting in wrong place. Can I still reclaim mortgage arrears charges from Kensington? It's from a closed account from 2007 Thanks
  24. I have a couple of questions I'm hoping someone can offer some advice with. I have a secured loan with Southern Pacific (Acenden) for £5500 taken out in 2006 and is due to finish at the end of April. In 2007 I was made redundant, got in to approximately £400 of arrears and was taken to court and ordered to pay the full monthly payment plus £20 per month towards the arrears. T his I did but Acenden added a £30 arrears fee each month to the arrears, hence I had no chance of ever repaying these arrears. The situation is that I now owe £12k which is due to repaid at the end of April and is made up entirely of fees, charges and interest. My questions are, 1. Does anyone thing there is any point going to court to challenge Acenden on the basis that they have frustrated the order of a court (or whatever the legal terminology maybe) as by them adding charges to the arrears I could never repay the arrears as directed by the court. 2. Does anyone know of any company that would be able to offer legal help (rather than just the generic advice you get from National Debtline etc.)? I have approached a local solicitors (in Bolton) but they want my to pay £500 up fron t just to look at the papers before deciding if they could help which I'm not in a position to pay. Any advice appreciated.
  25. Hi everyone, I've searched the forum and can't find anywhere else to put this thread so here it is. My friend moved into a new council property in July last year. Before moving in and sorting out her Housing Benefit she had to take in proof of income, which she did. Everything was fine and they gave her the keys. She received a letter from her landlord today (the local council). They claim that Housing Benefit wrote to her in February asking for further proof of her income (she never received any such letter) and because she has supposedly ignored this letter, her Housing Benefit was stopped two weeks ago. The Council are now demanding payment in full of over £180 to cover the past two weeks, otherwise they will be seeking a court date for eviction. She telephoned the council and spoke to the woman in charge of this and she was very rude and told her she won't accept weekly payments and if the amount isn't cleared in 7 days then she'll be seeking possession of the property. My friend told her that she'll take all the proof of income into the council and the Housing Benefit will be back-dated but the council lady said this isn't good enough and won't be processed in time to avoid court and then eviction. My friend is obviously worried to death now and scared she's going to end up on the streets. She's disabled and living in an adapted property and wouldn't cope with being homeless, frankly. My question is, can the council behave like this or this just a case of a council employee on a power trip and taking a bad day out on my friend? My friend has no history of arrears and has been a model tenant.
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