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  1. Good afternoon. Received, this morning, a notification of a Repossession Hearing set for 10th April. Brief Details: It is a 'restored' hearing from last year. The previous hearing (March 2013) was 'adjourned' due to the arrears, at the time, being paid off in full. Current Arrears are £1220. Monthly Current Payments £266. No other person named on the mortgage. Any help would be most welcome as to what action I should take, in the event that I don't manage to get the money together prior to the date of the hearing. Cheers
  2. Hi. I have a hearing on Tuesday, 25th. It's for a set aside application. The claimant was order to 'file and serve a bundle relevant to the application together with skeleton argument no later than 5 days before the hearing." I received this bundle on the 21st of March. Date of posting was the 19th. I believe the deemed date of service is two days after posting. Does that comply with the courts ordered? Cheers Al
  3. Hi, I hope someone can offer me some advice regarding the following: I am due to attend a tribunal hearing tomorrow to appeal against a decision to recover overpaid CTB. Although the council in question have admitted it was an "official error" on their part, they maintain that it was "reasonable" for me to have realised the error at the time. The error in question is that I was awarded 100% CTB when I should have been awarded 50% due to me sharing the property I live in with another tenant. I did not question the decision at the time as I had provided them with all the relevant information (on more than one occasion), and trusted that their calculations were correct based on what I had provided. I am also self-employed and consequently the benefit and WTC I receive fluctuates throughout the year, so when I received a letter telling me it had changed again I did not believe anything was amiss. Their argument seems to assume a detailed knowledge of how CTB is calculated that I could not possibly have unless I actually worked for the department! (although it seems this would still be no guarantee... ;-) Having taken some legal advice I have decided to continue with my appeal and am due in court tomorrow. The solicitor has advised me that the Tribunal will take an "inquisitorial" approach, requiring me to give my version of events which I have outlined above. I would like to ask if anyone has experience of these kind of Tribunals and what I can do to give myself the best possible chance of winning the case. Many Thanks in advance!
  4. I self represented myself at an employment tribunal this week for unfair dismissal. After the closing submissions the judge decided that he had ran out of time and would send his decision in the post. I am now totally confused as to how he will award compensation if I do win. How will compensation and mitigation etc be argued between myself and my ex employer? Can anyone clear this up for me as it wasn't made clear so now I am left thinking that as it wasn't addressed I must of lost the case.
  5. Good evening all. I'll be brief. We've rented a property last year, and a couple of times had a representative from GE Money turn up and inquire about the landlord, his whereabouts and so on. Eventually the same gentleman warned us from march last year until now, the landlord has only paid about £480 towards the mortgage of the property we went. Today we had a letter come through advising the landlord a court date will be set in the coming weeks and to prepare for it. He gets all his post delivered to our address and this one was already open, so I decided to take a peek (yes naughty I know). He sent a very stroppy message to my phone at the start of the week saying "call me asap yeah?" Everytime I do, shocker, answerphone. Landlord refuses to discuss the issue and says it's "in hand", GE Money will not officially talk to me as I'm not the landlord - I'm now getting very worried about my family. We have an 18month old and so far social housing have said "can't do anything until you're homeless". Council have said "not our problem until homeless, and even then there's a list". (paraphrasing of course). Where do I go from here with the landlord? *Edit: About me- work for fraud prevention for numerous insurance companies/warranty groups have done a bit of digging on landlord in my own time
  6. I have a hearing on Tuesday for a set aside for a CCJ from a company called Westcot. They applied for A CCJ last year that I only noticed on my credit report earlier this year. The CCJ was recorded at my old address which I moved out of 6 years ago. My defence is that I never received any paperwork, no court letters or default notices from the original creditor who are called Provident and also that they had access to my credit file so would have known that I moved as my new address had been showing for some time as has my registration on the E Roll. I haven't had time to SAR provident to obtain information so I have nothing pertaining to the debt orthe agreement. Just wanted some advice as to what to expect as I am really nervous I was just going to turn up on my own, no solicitor but don;t know what I need to take to prepare and what questions may I be asked to answer? Will the court look at me less favourably for having the debt? Or will the fact remain that I hadn't received anything?
  7. going to my hearing on 28th march and would like to know if I have to put everything in writing or can I just speak to the judge/doctor on the day as they have my medical records etc, stating my conditions, ive read the sticky about appeals and it says to highlight the descriptors you are challenging i did this in my original letter on GL24 saying what descriptors i disagree with, so do i need to send this in again to the tribunal, i have had to deal with my wife battling breast cancer so have been thinking about other things and now got to sort this as well any help would be welcome thanks
  8. Hi everyone, I have to attend a disciplinary hearing at my employers, they rushed out the letters to say that I had been suspended, (letter one) and that I had to attend a disciplinary hearing (letter 2) letter 2 states that the disciplinary hearing will be on 06/02/14, that's right 06/02/14, I presume they mean 06/03/14, shall I ring them and point out their mistake? both the letters were typed on the same day but came in separate envelopes in an attempt to conceal that letter one had been sent first, however the post mark (registered mail) on both are the same. I was suspended on the 18th, date on the letter states it was typed on the 20th, posted on the 22nd. Any comments would be appreciated.
  9. Hi Can anyone give me some advice please. I must admit I have done absolutely nothing to prepare for my Hearing. I have buried my head in the sand. Tribunal next Monday! I have been on long term sick since May 2012. Originally on SSP and then ESA Contribution based from December 2012. I have been diagnosed with lumbar scoliosis/severe spondylosis. I have several diffuse posterior disc bulges etc. At my ATOS examination I got zero points. I have forwarded all x-ray results etc., doctors letters to them but they still upheld the decision. I am that depressed with it all I am considering not even bothering attending as I do not know what else I can provide. I am currently receiving medication with a possibility of laser treatment in the future. Having spoke to the health professionals at the Pain Clinic, I am informed that the best I can expect is getting the pain under control which has not been managed yet. Also on the assumption I will probably not win - what happens next? Thank you. pgtips
  10. Good Evening Im hoping someone can give me a quick response. I was in arrears with GE Money (secured loan) due to relationship breakdown, losing my job, looking and securing child care. GE money had a suspended order in place from 2010 and due to my own erratic payments (redundancy from previous job etc) have received an eviction notice now for the 18th July 2013. I have alredy submitted the court forms and witness statements as per the excellent advice on the forum. GE money have provided me with an arrears figure of £2976.96 and have refused all efforts for reaching a payment plan. I have asked for evidence of the arrears and they have provided me with a simple statement and from my calculations the breakdown is £1178.96 arrears for monthly payment £1767.21 'loan reop instalment due' and "transfer to s/a E' I asked for clarification of what the loan reop instalment due was and received the follow from simply law solicitors Loan re-optimisation, is the process whereby any additional cost and interest that have accrued on a mortgage are paid on a monthly basis over the remaining term of the mortgage rather being due as a lump payment upon expiration of the mortgage term. The claimant believes that it is beneficial for an account to be re-optimised as it spreads the debt out over a long period and prevents the Defendant being asked for a lump payment upon expiry. I have paid all the arrears off now (payment made of £1180 and made the monthly payment last month), despite GE Money refusing to take payment, and will take this evidence to the court hearing tomorrow. I have made an offer of £60 per month to clear the Loan re-optimisation although GE money are adamant they want this as a lump sum due to the £1767.21 which should have been paid previously?? GE Money have also issued me a statement saying in addition to the £1767.21 i owe another £3,894.10 in charges which still need to be re-optimised? This statement includes home visits charges which I strongly dispute. Although no other breakdown of interest is provided etc. I have provided to the court evidence of my income, a letter from my employer stating I am out of my probationary period and not at risk of redundancy, a witness statement, all correspondence to GE money and income and expenditure and proof I am in a good position to maintain this commitment. I have two young children also. I think my questions are as follows (1) As I have/can demonstrate I have cleared the monthly instalments arrears would the Judge except £60 towards the charges on the account. There is 57 months remaining on the account which would mean I would pay approx £3420 which I understand is below what GE money is charging me however I want to dispute these and I cannot afford to pay these immediatley as per the request from GE Money. (2) What is everyones experience on loan re-optimisation and can this be classed as actual arrears on the account. Sorry for the delay (and my unreasonable need for an urgent response I thought I would be ok but I am having wobbles now. Many Thanks
  11. I was taken to small claims court and I lost, the reason that I lost was that the claimant lied in court and the judge completely ignored my evidences and witness statement, also the claimant in question was my former tutor and I got some advice from a solicitor friend and the solicitor says that the judge was bias to the teacher and automatically believe in the words of a retired tutor and ignored the students side of the story, so at the end of the hearing I asked the judge for an appeal. She asked why and I then said that the tutor made false allegation and she did not present any proof to her allegations and the judge refused my appeal and said that I have to ask permission from another court and that I have to pay what I owe, so basically the solicitor said for me to forget about because will ended too costly and a judge will not grant us a permission to appeal because that means going against another judges opinion and I only have 21 days to appeal and before appealing I have to ask permission from the court to appeal and time is against me. So I was given 14 days to pay and I said to the judge I’m unemployed and I do not received any benefits and she simply ignored and said well you have to search online at the small claims website. So now my question is how can I get out of this situation without paying my ex tutor because she lied, so she does not deserve the money? The woman in question took me and my friend to court and my friend is employed and will be able to pay her even thou we both agreed that were stitched up by the teacher, but my friend has a mortgage and cannot have a CCJ, on my case I’m unemployed and I absolutely do not want pay this teacher back, I much rather take the money when I have and give to charity. The only reason the teacher won in court was because she lied and she told the judge that at the time she was a retired teacher working for free foe the University and she never mentioned to the judge or to the court that besides her retirement from teaching she is owns a investment company and she is the director of the company. In court she played the poor pensioner and the money that she’s allegedly say that we owe was for accommodation costs for a field trip to a foreigner country, when we were promised by her that in regards of food and accommodation costs we will not be spending a penny because we’ll be taken care by a the association that we went to work for, but when we arrived there the teacher denied everything and everything that she promised was a lied and she paid and said that we would sort it out once we are back. In court she said that we arrived in a foreign country without money and she said that we were offered free accommodation but refused and asked to be taken to the hotel, so the judge thought that we were taking advantage of this 66 year old lady and ordered us to pay the now £254,00 Without the permission to appeal and completely ignored mine and the other defendants evidences and a signed document accepting our staying for free at the charity association. Plus 3 days before our hearing the teacher contacted my witness and said for them to change their statement otherwise she will drag them to court and the judge completely ignore the fact that the teacher blackmailed the other students and she also asked them to write a statement in her favour. I'm a very honest person and I believe in honesty but the tutor made so many false allegation, she even said that we all have criminal records and I asked the judge to ask for proof of that because myself and the other defendant do not have any criminal records and amongst other lies in which she has no proof to what she’s alleging, but guess what the judge just absolutely believed in the words of a teacher with a PhD and ignore the students. I’m still in shock with the judge’s decision and the fact that a former tutor made up so many lies I do not believe that was a fair decision made by the biased judge. So what should I do? Thanks everyone for reading my lengthy post.
  12. Hi I am in desperate need for help. We are in arrears with our mortgage of £12000 due to mental health and post natal depression issues, all of which were declared to our mortgage company Halifax. We now have a date for a court hearing to determine possession. The solicitors involved have been very helpful in even supporting us with a complaint to Halifax as we do not feel they have followed CML guidelines on arrears. We have set regular repayment plans which have failed because they have not agreed our request to change the payment date of the plan to coincide with my pay date of wages. They have also refused us every opportunity to look at ways to manage the arrears - payment holidays, extended terms etc. I have a few questions to ask.... -does a court order go on file as a CCJ -will proceedings stop if we make a proposal for paying back arrears -will proceedings stop if our employers support us in paying back the arrears in full -if the above, will our name be cleared on our credit report allowing us to apply to remortgage with another company? -can we claim compensation from Halifax for the stress this has caused us as a family? I am now back on anti-depressants and therapy after my mental health was beginning to improve. I now feel I am back to square one!! Any help/advice is really appreciated as we're going out of our mind with worry. Thanks
  13. Any help or advice would be greatly appreciated........ a week before Christmas I was suspended pending a disciplinary hearing. I work for a financial brokerage business, and one day I was on my own at work as my colleague was off. I had to take care of some business, and up to did my job to the best of my ability however on a couple of specific parts of the business did not follow a procedure set out. It was not uncommon for this to occur as it can be rectified. The problem started when I suffered a serious computer system problem, this occurred at the point at which I was looking to rectify my procedural short comings. This problem lasted for around 30 mins at in hindsight the worst possible moment. It was at this stage I realised that I would more than likely have to take a loss on such transactions. I had only the day before been told of a payrise as a result of my good performance, so when I encountered this problem I literally froze and panicked. I and my family have experienced a period of huge financial stress over which time I have been on medication for depression, so the payrise was a huge lift, the shock of the incident coupled with my concerns over the payrise led me to sit and stew over this problem for much longer than I should have. I spoke to my colleague over a recorded line to discuss the business and implied there were no problems, but I was still in a period of distress so to speak. I finally rectified the issue before the end of the day so that there was no exposure, but the loss at the end of the day was quite hefty, at around £15k (around 50% of the revenues for the month). I then came clean, but after working one more day, and a couple of days off received a call notifying of the suspension. I have had a fact finding meeting and awaiting a date for a hearing. I know that I could have handled better, and have always admitted to such, but argue the system malfunctioning led to the initial problem, but there is a procedural shortcoming up until that point, something that i would argue and can prove would have been dealt with. The company are accusing me of not following procedure, lying in telling the client of a different transaction than executed (something that has been done by myself and my colleague previously) and misleading the company. The latter which I can offer the excuse of shock and panic. There was no real intent of wrongdoing, but i fear a gross misconduct charge. I will appeal if that is the case, but not sure how effective such will be, i fear they want rid of me so the appeal will just be a process that they have to adhere to. I have been with the company for 21 months so unfair dismissal is not an option.... please help, more than anything just want someone to say, I have some sort of case and hope!!! thx Phil
  14. Hello! Just looking for some advice; professional or just from someone who has been in the same situation as myself. I've been suspended from my work place for 8 months after a student nursed on a 2 week placement made a false allegation about myself. She has accused myself of throwing water over a patient whilst laughing. The other two people who have also been suspended are respected members of staff who have worked with th trust for 20 years. On the day in question she had made an allegation that I threw water, laughed and turned around and did a curtsy (as a man, this is something I'd never do). It has been a hard 8 months, I've been interviews under caution by the police as they could of charged me with common assault, but they didn't take it any further as there was lack of evidence. I have worked with the trust for 3 years, I have a clean disciplinary record and also no issues about my work practice from my previous employer. The third year student nurse didn't report the allegation for two weeks as she was afraid of reprisal and felt she couldn't approach anyone. I continued to work on the ward for 2 weeks and she was fully aware I was working with this patient and didn't say anything. Surely reporting an allegation becomes before how you would feel. There are no truth in the allegations what so ever and utterly appalled that someone would question the way myself and the other two members of staff work. They have the best relationship with the patient and would never see any harm come to him. The investigating officer has decided to take the case to a disciplinary hearing, the three of us involved have denied the allegations. My ward manager has also commended my work attitude and has never had any concerns about the way I work. Is there anyone out there who could give me their opinion on the situation and when it comes to the hearing, what questions can I ask the person who had made the allegations. Thanks in advanced!
  15. I am about to walk into a preliminary hearing without any representation next week. I returned to a previous employer, and began struggling with mental health issues because I felt my senior manager was neglecting the department. Not being able to progress and develop my work streams was really frustrating, and it began to make me sick. I asked for help and was referred to OH OH made recommendations of reasonable adjustments. Negotiations with my senior line manager in trying to implement the advice broke down 3 times (as she tried to change my contracted hours from 37.5 to 40, refused to accept i had a disability, questioned my capacity, capability and performance alongside. My employer was also trying to discipline me for time keeping without making any effort to adjust.) It got worse: I was overlooked for a development opportunity that lots of people in the organisation assumed i would act in my line managers role. I applied for the secondment under the two ticks guaranteed interview scheme - but didn't get an interview. My senior manager looked at my pre-employment health questionnaire and accused me of lying on it. I grievanced, and was told my complaints wouldn't be upheld and I should put up and shut up. I was told my opinion didn't count because I had a distorted perception of reality. After OH held a case conference to ease the implementation of the reasonable adjustment - i received a six page letter trying to change my terms and conditions and only achieved excluding me further. Within 3 months of being back at work (working to their rules, and with them still failing me) - they started disciplinary action on me for three offenses. Only two complaints were attained - one was linked to them ignoring OH advice. When OH found out about the disciplinary's he advised them to deal with them swiftly - Feb 2012 - Jan 2014 and not dealt with. Finally, I took annual leave and went on holiday. Part way through I liaised with my line manager and add an extra day. It was granted. That day my middle manager rang me screaming that I had failed to report, and refused to accept I had a days leave granted. I was going to be disciplined for that too! Very upset I emailed the person I sent the original grievance to saying that the bullying was still happening. I was suspended in July 2013. I've been suspended ever since. So whilst subject to sanctions of the suspension, and the ?three disciplinary's hanging over me I was encouraged ?(harassed) to apply for other jobs with the employer. On my third application I queried if I should be applying as technically I was subject to sanctions. I was then told, it had all been a terrible mistake and as I am probably going to be sacked I shouldn't be applying for anything afterall. Two days before Christmas I was emailed to pick up a 6 volume report into why they should sack me. And I should anticipate a letter in the new year inviting me to a meeting to terminate my contract. I have complex PTSD after being abused as a child, and delayed sleep phase disorder. Can someone reassure me they can see a pattern of behaviour that displays disability discrimination? Can anyone tell me where I can find a lastminute.com legal eagle to support me at the tribunal? (I've tried CAB, their person who does 'employment' is on annual leave - and they can't get someone from another branch.) Thanks for your time.....
  16. What should I do? I had a Business unsecured loan which turned into a secured ccj and now this month a charging order is being applied for. The debt was on a business which has since closed down. At the time of the ccj I was advised to get help using a debt company which I did and they offered monthly payments on my behalf which was really too much plus my financial problems have got worse (if that's possible) and I am unable to keep up the monthly payments hence I have now a charging order I need to deal with which is coming up very soon. I feel annoyed with myself for getting in this state and annoyed with the creditor as the business loan was from a government backed business centre to help my business grow. I am not saying I shouldn't pay it back but feel let down by a system which was intended to help. Can anyone advise what would be the best way or only way I can deal with this? The thought of attending court is scary! I will appreciate any help thank you. IOU24
  17. Hello, Sorry if this is the wrong place, but I'm new here and it's taken me 2 days to find out how to do this. I have spent a while going through the treads on this website which relate to the ET. I wondered if there was anyone who could give me some pointers on what I should be doing in order to represent my son at his ET at the beginning of October. Brief summary of case: ⦁ November 2011 son sent in a written qualifying protected disclosure about absence due to ill health, the state of his working environment, and the treatment he had been receiving from his new appointed line manager; ⦁ Guaranteed promotion by the PM, but was turned down because the PM said he lacked the ability to lead a team of people and because of his communication skills; although he had been carrying out the role of manager/team leader for at least 18 months; ⦁ Negative Treatment became a lot worse since handing in letter; ⦁ Being told a colleague could speak better English that my son; ⦁ Being told by a manager that a child could do my sons job with his eyes shut; ⦁ Being asked if my son was as stupid as he sounds; ⦁ That my son had no common sense; ⦁ A manager telling another co worker that he suspected my son of stealing; ⦁ The unlawful searching of my sons bag; ⦁ PM lying to OH in order to gain my sons medical records; ⦁ Two false allegations made against my son after he told the PM that he was going with a grievance and taking it to HO. ⦁ Being phoned at home and threatened with dismissal, relocation & further suspension if my son didn't drop the grievances; ⦁ Being subjected to a 5 hour meeting in which the Store manager repeatedly refused to listen to my son and his representative, regarding not wanting to drop 2 grievances; My sons disabilities are Verbal dyspraxia and global cognitive dysfunction. Sent in ET1 in Feb 2012. Attended 3 CMD's. Case began in August, but was delayed after 3 days (halfway through my sons being cross-examined), due to the ill health of one of the judges. Case has been re-listed for the first week in October and it is expected to last 5 more days. I suppose I'm really after some advice regarding how I deal with their solicitors, who, to be truthful, have been awful in regards to including information we want etc. To be honest it sounds as though they are acting the same way as most solicitors do in these cases. So I guess I'm just asking how to play them at their own game. Right from the start the EJ has suggested that the respondent take up mediation, but they have declined all the way through. Even on the first day of the hearing the EJ allowed both parties a 30 minutes, in the hope that the other side would take up mediation, but again they declined. So we went onto the full hearing. How do we go about proving points of law, which is all I keep reading about. We are now happy with the bundle, although we have additional papers we are adding. We can't afford to pay for a solicitor, we don't have legal cover on our home insurance, my sons income is too high to qualify for legal aid (by £30), so up to date we have had to do everything ourselves i.e. witness statements, gathering evidence, attending 3 CMD's, corresponding with their solicitors etc. I really would appreciate any help or advice on how I go about representing my son at the ET. Thank you in advance for any replies
  18. Hi I am being pursued for a credit card debt. I put in a holding defence based on lack of agreement and charges added to the debt. The creditor did not follow through with the action and the case was stayed. Six months down the line the creditor has now applied for a lifting of the stay and summary judgment. A hearing has been arranged for December. As part of my original defence, I asked for the creditor to supply statements of account, documents like the default notice and copy of agreement. They have not complied so it is difficult to comply a proper defence. Can I apply for an order from the court which will force the creditor to supply the statements etc so I can then make a proper defence? And do I need to include in my application a request that the Summary Judgment hearing be delayed until the documents are supplied? Thanks BAE
  19. Hi All, I really need some advice regarding liability for Council Tax. My partner declared himself bankrupt last year and his Council Tax Bill was included in the assessment to determine whether he had enough debts. The Council are now chasing me for the debt, the debt has been handed to BALIFFS, however they have not gained access so the debt has been returned. I have now received a letter for an appointment with a Court Officer at the Council as they are considering a Committal Hearing. I have tried to speak to them on the phone however it is extremely difficult. When I have tried to point out that they have removed my partners name from the bill and the debt is now solely in my name I am being told it was always solely in my name and this is not the case. I want to be prepared for the meeting at the end of the week:- FIRSTLY TO DETERMINE LIABILITY SECONDLY I AM CONSIDERING REBANDING AND FINALLY I AM CONSIDERING ASKING FOR A SARS. There are a lot of inaccuracies with the bills and I need to get this sorted also. Any help would be greatly appreciated. Does anyone know what happens at these meetings? KIND REGARDS S13
  20. Hi All , I have just received a statutory demand from Lovell via BW legal stating that they have bought a debt from Lloyd bank . I have always denied owing this amount to Lloyds(£3000) and asked them to take me to court to argue it . this so called debt incurred as they decided to cancel my overdraft . I came to an agreement to reduce the overdraft by £50 per month initially and was managing fine , then they changed the rate of repayment to £100 per month which I could not manage and assigned some ludicrous amounts in overdraft excess fees to my account and debited these even if it meant I would be over the limit but did not hesitate to reject direct debit for mortgage or utilities (I was at the time receiving family and child tax credit.) i have been reading the forum and need some help with the following points . What is caa and who do I send it to ? does anyone know if the Lloyds compliance department is still in Chatham and is it the best address to send the SAR.? finally , I will need general help on how to proceed as I am well out of my depth Many thanks for your understanding Remi
  21. Hi all, its my first post here and looking for advice. I have been having a tough time lately which has resulted in me going on the sick from work with stress/anxiety. At the time of break up I asked for a bit of help from work as it is a high pressure sales environment and I was struggling with targets, to which I was told they still expected me to hit my targets as I should be able to leave my problems at the door. I have been off for around 2 month now and have received a letter inviting me to a stage 3 disciplinary hearing. The disciplinary relates to a day off I took in July due to car problems. My shift was 10.30 - 6.30 and i got agreement from work at about 2.30 that I could take the day off and make the time back. In fairness I did exaggerate what had happened but they still agreed the day off. Now they are saying that I have lied to a manager so they have lost all trust and confidence they have in me. They have checked with my brekdown provider who my employer are linked to and have found that I have exaggerated the situation. So my two questions are can they check with my breakdown provider or is this a breach of some law? and Do I have to attend the hearing considering I am signed off work on the sick? Thanks.
  22. Hello. My names Holly. I have joined this group today in a last minute plea for help. Long story short - I appealed against ESA Decision that I am 'fit to work' I have had my tribunal date throught, which is on 18th April. I have a 'support worker' who is supposed to be helping me prepare my case against the desision but unfortantly although all the promises have been made he has failed to turn up to any appointments so im left completely out of my depth to deal with this alone. I am so stressed I cant even function. I have no clue on where to even start. As like many ohers it is my metal health which has been over looked by 'Atso' I have depression, anxiety and stuffer with panic attacks - to the extent I cant even leave my home alone, I can stay with in these four walls for weeks at a time. My question is, 1) How do I prepare, where do I start? Please if anyone could help I would really really apprechiate it:!:
  23. Hi i am a new user ,last month i received a statutory demand, i applied for it to be set aside. I have been given a court date for 22nd of august, I need help on how to get this set aside, this is from a french judgement, i lost the case in france, i never understood what even happened. But to cut a long story short we had a charge placed on our property in france. We found it dificult to sell and eventually they told us it would go to auction the amount on the valuation was stupid. We drastically cut the price and managed to find a buyer, they agreed to the sale. They have now come on to us and say there is a shortfall and interest and costs. They also say they have a european enforcement order, we have been given no details of this from England or France. Does anyone know if we would be given details from the court? the first thing we knew was the statutory demand landing on the doorstep, it was served by a bailiff but we were overseas at the time. Any help please.
  24. My Company had a business loan with Lloyds Bank and repaid the majority of it, but leaving a shortfall of about £56K. The bank have directors guarantee (2nd mortgage) on my home. (I have a standard residential morgage on my home as well) The bank turned down all suggestions for the Company to trade to earn the money to repay them and refused account operation with any other bank. In June 2011 I obtained an offer to rent my house and the tenants wanted to purchase it after 1 year - I offered the bank £2400 per month for 1 year & the balance on sale but the bank refused to allow me to rent my property out. I continued to personally pay them the interest in the meantime. In March 2013 without notice Lloyds Bank closed the business current and loan accounts and transferred the balance of the loan to their collections department under director guarantee and they agreed that I could sell my home to repay the shortfall of the loan and pay interest payments until a sale was achieved. I sent repeated written requests for a destination account to make payments into but Lloyds Bank failed to provide this. I've been unable to make payments at a bank counter as I have no destination account details. In June 2013 I wrote to the Bank to tell them I'd received an offer to buy my home and the sale is still progressing. On 20th October I received court papers for possession of my home on the grounds that I had defaulted in mortgage payments to Lloyds Bank and I've submitted a defence saying I will also send in a witness statement and documentation to support my defence. The hearing is scheduled for 14/11/13. I had not received a final demand or notice of intended action, and there's no mention of the amount I'm supposed to be in default for on the Court paperwork. I've e-mailed the Banks's solicitors 4 times asking for a destination account to pay the money into, giving the background and asking them to withdraw the action but they say they're waiting to hear back from Lloyds Bank. I'm at my wits end with Lloyds Bank - I've done everything possible to make sure they can't take my home from me and stand to lose everything I've worked for. The Bank stopped by business from trading and in 2011 told me they wanted me to close it down which I refused to do as I would have been at risk of losing my home. I had to find work in to private sector at a much lower salary and while I've made sure the bank has been getting interest payments it's created a lot of personal hardship and personal debt. I can't see any valid reason why the bank turned down my offer to pay them back in 2011, or why they can't provide me with account information so that I can pay them the money they claim I've defaulted on. I've had to put up with constant threats from my ex Manager that he would take my house and have done everything I can to avoid this happening but now they've blocked me from being able to deposit the payments they've put me in a position of default and risk of losing my home. I'm about to write a complaint to the Bank, but this court action has happened without warning and I haven't had time to do this yet as I've had to concentrate on my defence to the Court. Any suggestions or help will be much appreciated.
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