Hi, I’m desperately in need of any advice as I can’t find any help at all. Barclays bank have executed a warrant for possession due to a possession order granted on August 16th 2011 which was dated for 31st Oct 2011. I made every effort to negotiate with Barclays prior to 31st Oct to try and come to some agreement but all offers were rejected. In fact, during one telephone call the person I was speaking to was so condescending and patronising I felt completely humiliated. Our problem is that we are stuck in a fixed rate mortgage until 2017 at an interest rate of 5.24%. The bank took it upon themselves to change our mortgage terms and increase the length of the mortgage and add another 13 years which reduced our payments by less than £200 but almost doubled the length of our mortgage. After many request the bank finally changed the terms back to the original agreed terms, but to date that is the only option that the bank have offered us in terms of finding a solution. In one conversation I asked whether it would be possible to take a break form the fixed rate period for a year and add a year to the term but I was told, quite harshly, that we had signed a contract and that we can’t just chop and change when we felt like it! To rub salt into our wounds when the bank wrote to us advising us that the terms had been changed and that our mortgage had been extended for another 13 year they informed us that “after 30/04/2017 a variable rate, which is 0.95% above base rate (currently 0.50%) to give a current rate of 1.45% will apply to this loan and assuming rates do not change (our) new payment would be £674.42”, our current mortgage payment is £1503.89 a month. I asked the bank if there was any chance that we could take a break from our fixed rate mortgage for a year but they said NO and to date they have not offered any solution to try and help us other than we need to pay the full amount each month plus a bit towards the arrears, which we can not do. We are currently receiving income support and I am in receipt of carers allowance as I am the main carer for my 18 year old step-son who has a rare chromosome disorder, is autistic, and has severe learning difficulties. My 13 year old daughter is also registered as a young carer with Surrey young carers, therefore we are in an extremely vulnerable position. I wrote to Barclays solicitor on 31st Oct as I was extremely concerned that eviction from our home was imminent. I expressed my concern for my family and once again asked if it was possible for a break from our fixed interest for a year. I also told them of my disgust at the way I was treated by one of their employers but to date we have received a reply or even an acknowledgement back from the bank. I did receive a short email from their solicitor’s saying that the file was now closed and my email had been forwarded on to Barclay’s, but that is all. Since August my mum has been kindly paying £800 straight into our Barclays mortgage account and since Jan 24th we have been in receipt of mortgage interest support which pays £496 directly to Barclays. My mum however, has missed two payments as we suffered the devastating news my nan had taken a turn and she would not recover. My mum was understandably distracted for a little while. Unfortunately my nan passed away at the beginning of Feb, and I explained this to the bank on the 9th March but they seemed uninterested, as well informing them they would receive payment within 3 days for £1100. They received payment of £1100 on Monday 12th March. Since December we have not received any correspondence from Barclays bank, not one letter, in fact I only realised last week that we haven’t received any bank statements either since November. When I told Barclays that we hadn’t received any letters from them since late November I was told that letters were sent out and that there must be a problem with royal mail. When I asked if someone could check to see if the letters had definitely been sent, the woman I was talking to replied “I can assure you they were sent” to which my reply was “I can assure you we have not received anything. I was told that the letters would be resent but we still haven’t received anything and that was two weeks ago. We had no idea that the bank were starting action again and we we have no way of knowing how the bank have calculated our arrears. What I find hard to understand is that although we are unable to meet our mortgage repayments at the moment we don’t expect to be in this position for long. My husband has a plot of land that is in the process of getting a change of use certificate, and the decision date for the application is the 26th March. If a certificate of lawful use is awarded then my husband has a contract in place with an asset management company who will attempt to get planning permission to develop the land and sell it to a developer, but whilst planning permission is being sort the asset management company will pay my husband money per month which will mean we will have enough to pay our mortgage The bank are fully aware of the situation with the land but are still going ahead with the warrant for possession. The effect this is having on us on a personal level is becoming extremely hard to cope with. Our family life is extremely difficult on the best of days as my step-son has quite complex behavioural problems that dominate our every waking moment. Having to deal and face the reality that we may be loosing our home is so stressful that it is effecting how we are able to cope with my step-son’s need causing everyone’s stress levels to be raised. The worry is becoming a strain on everyone’s wellbeing that I can’t seem to be able to focus on there being any sort of positive outcome. The thought of loosing our home is unbearable. My step-son will soon be leaving the safe environment of his school and this is a dramatic change for him. He is very anxious about his future and if we were forced to move his anxiety level would become extremely high which is not good for him or us. In order for him to have any chance of adapting and having a successful transition to adult life he needs stability in his home life. Any disruption to his life now could have a detrimental effect on his ability to deal and cope with the already anxious time he is going through. I’m so sorry for such a long winded letter but I thought it best to try and give you as much information as possible and to see if there is any advice you can give me. Thank you in advance,

Hi I am new to the forum so apologies if I have posted in the wrong place. I was wondering if someone could give me advice? Background: In 2010 my house (which I tried to sell off and on for 7 years) was taken of my hands by a guy who offered a lease option on our home. Basically he was meant to pay the mortgage and secured loan for a period of 6 years, rent it out in the meantime then buy the house at the end of the period. My wife and I moved into privately rented accommodation with our children. We found out christmas 2010 that the guy in question stopped paying the mortgage and subsequently went bankrupt. He had never paid the secured loan either so we ended up reinstating our DD for that earlier in the year. The guy in question also moved in non-paying tenants who refused to leave, so even if we wanted to move back into the property, we couldn't. To cut a long story short, we could not afford rent, secured loan and mortgage and the house was eventually repossessed Feb 2011. Today we received a letter from the bank stating they've had an offer for the house and there would be a shortfall. I'm estimating the shortfall to be approx £20,000 We are not wealthy people, and simply can't afford any shortfall. We have no assests for them to repossess either. My questions are: 1) What happens if we refuse to pay the shortfall? I know they can slap a CCJ on our files and threaten/force bankruptcy, but how likely is that? 2) We are still paying the secured loan on the property. I am starting to resent it now in all honesty! What happens if I stop paying it? It's not like they have a house to repossess? 3) We don't want to go down the bankruptcy route. However would we be able to take out an IVA taking into account the mortgage shortfall, and the secured (soon to be unsecured) loan? Any advice would be warmly welcomed!

can anyone help or give us advice asap. we are heavily in arrears with our kensington mortgage and have this am received a letter from solicitor saying pay arrears within 7 days or calling up notice will be issued.it also says"kensington may be able to agree an alternative repayment arrangement"but they're not accepting any of our offers because we've broken arrangements in the past(not lightly usually because hubby lost job) if they issue the calling up notice but we clear the arrears within the 8 weeks will this stop the legal action or do we have to clear our whole mortgage? sorry for so many questions but we're at our wits end. can anyone out there offer any help or good advice to alliviate our concerns

Hi, im several months in arrears on my mortgage and have had a suspended repossesion order. I have decided let the house go and move into rented accomodation, but i will only be able to move where i want to go in about 4 weeks may be longer. the desission i need to make is if I pay this months mortgage payment, if i can get away with it i need this money for deposit. I have not been told they are going to repossess yet but when this happens how long can i drag it out for? can anyone help with what a typical time fame could be for this please ? its been hard to find information on the internet for this. Many thanks in advance, im eargerly awaiting your reply. Thanks Shaun

Hi everyone I just had to start this thread to see if anyone has any similar responses to their complaint against SPPL Capstone acenden etc. My complaint has been ongoing now for over 2 years and is on its second adjudicator. But the latest letter from the fSO shocked me. The Basic facts of my case are the arrears in 2006 were £800 after I became ill and had a nervous breakdown. The arrears now in 2011 are £4,890 In the past 5 years I have struggled, and yes, I have been late making some payments but always caught up within the following month. I have always informed them of the reasons why and I have always kept my word and paid when I said i would. I have also made overpayment's to try and clear the arrears. Sometimes I can not pay on the date they want, but I am up to date with my payments including the additional payment of £20 ordered by the court in 2007. This was when capstone took me to court and lied through their teeth about me, saying I ignored them and would not agree a repayment plan, and i had not told them I was ill etc etc but the worst of it was that the judge believed them. He hadn't even read my defense which i had sent in to court well before the hearing date just to make sure he had time to read it, but he obviously didn't. It was disgusting so in the space of 10 minutes I now I had a suspended repossession order on my home. I reported them to the FSO and at first they didn't want to know because they said they didn't deal with complaints that had already been to court and they couldn't overturn the court ruling. So I tried again and this time said that i didn't expect them to overturn a court ruling, I just wanted to complain about the excessive charges and unfair treatment this time they accepted my complaint which is still ongoing. The first adjudicator wasn't too bad and agreed with me on most of the points I made like excessive charges and unfair treatment. But then he left and my new adjudicator seems very biased as if he is on the side of the lender. I could not believe in the recent letter I received from him, when he stated that Acenden had not replied to his letters. But he had read their final letter to me. So now it was going to the Ombudsman. But then he went on to give his opinion on the matter and i was taken aback by what he had to say. He stated that he felt that lenders reserved the right to alter their tariff at any time and that although I thought the charges were unreasonable he has to conclude that in his opinion when secured loans go into arrears, the lender is put to additional monitoring and collection work, and after all Acenden did offer me as a good will gesture a refund of 3 months litigation fees £375!!! My reaction to this was I was just a tad angry! (Good will gesture my a-se Acenden wouldn't know goodwill if it jumped up and smacked them in the mouth!)This is 3 months litigation fees of £115.00 each we are talking about which they have slapped on every month whilst my account has been in arrears hence the increase in my arrears instead of them going down these charges should never have been applied in the first place. ( I have been paying every month). The amount I have paid I should be in credit by now to the tune of around £400 but instead because of all the hard work that according to the adjudicator Acenden have had to do by monitoring my account, and buying doughnuts for the whole of High Wycombe:lol:, I have a whopping £4,900 arrears. All I can say is Mr Adjudicator where is your rational? where does your logic come from here? He went on to say that I had stated that I should be able to change the date on which I pay and decide how I pay it either by direct debit or standing order. His response to this was ("In my view the payment date is part of the contract and Acenden could rely on that date if it chose to do so. I consider the charge for using alternative methods of payment is not unreasonable because i am satisfied that there will be additional costs involved") My reaction to this bit was "Are you having a laugh?":heh: He went on to say ("You have asked Acenden to remove all of the charges plus interest on those charges and I do not believe that we could reasonably expect Acenden to do that")Err Why Not??? My opinion on the last bit was just utter disgust to be honest. Why on earth should I not expect Acenden to remove the charges, when they are excessive to the point of daylight robbery. (How can they possibly justify £115.00 a month to cover admin costs on an account that is up to date, what do they have to do for the £115.00, have a little chap sat at the computer 24/7 monitoring my account to see if anything magical happens to it? They do not in any way represent the true cost of admin on the account. So therefore if this charge had not been applied in the first place why should i have to pay interest on it ? These outrageous charges which should never have been applied in the first place! Hence I should never have been taken to court, because after 2 years they had finally agreed a repayment plan which was in place, and I had been paying on time for 3 months, before the court hearing. They said they would cancel the hearing if I paid an extra £100, which I did, and they lied, they carried on taking me to court. If they had shown forbearance and used court as a last resort instead of the only resort. :-(If they had not lied about the payment plan and everything else in court, like they did ,I would not be in this position now, and I would not be going to bed every night worrying if my home was going to be repossessed. Because if they have lied once, they can do it again.It is as if they are above the law! :???:and above all rules and regulations. But I am going to fight these swines to the death :mad2:if it is the last thing I do they are nothing but criminals, thieves, rogues and liars. Sorry I get carried away with my rant:rant: but I have had enough now and the so called impartial and fair adjudicator at the FSO and the comments he made were really the last straw.But we will have to wait to see what the ombudsman has to say. Heres hoping!!!! I have got everything crossed!!! Kind Regards to you all Cher 69. p.s Sorry about all the smilies but they make me laugh when in fact I actually feel like screaming !!

Hi i have a question regarding contracts & financial agreements. I had a car on finance and a very long story short, reached by 50% on a CPA (Contract purchase arrangement). This meant that i was elidgable to return the vehicle without any penalties and this is written on my paperwork. at the 50% point, i called and requested a settlement balance along with the paperwork for a VT (Voluntary Termination). We discussed this on the phone and so forth. The paperwork never arrived so i called again 2 weeks later and asked for them again. At the same time, i advised them of my new address. Paperwork still never arrived so i called for a 3rd time and requested the VT documents. I then received a bill for the balance of the car telling me that i was in default and my arrangement had been cancelled!! Long discussions on the phone finally lead the finance Company to a solicitor. I asked them about 12-15 times for VT forms and finally received them some 8 months later, filled them in and sent them back.. I went to court, it was adjourned for lack of evidence, i went to court again, the Solicitors didnt turn up claiming that they couldnt get hold of me even though, i had 3 phone calls with them in the week prior to the case. I have now received another letter telling my that i havent sent back a VT form and this is why im being taken to court and my statements do not hold any merit but, in previous letters from them which have also been provided to the court, they refer to the VT sent by me......... I now keep even more regular contact like every 2 days by email asking them repeatedly of an update. I have requested notes from their logging system which i believe is my right under the Data Protection act but to date, i have not received anything from them and i have asked them 5 times now in writing. My question is- if i requested the documents 3 times at least with consequent requests to the solicitor and advised them more than once about my new address (which is clearly visible in the copies of the account records i demanded) and they failed to provide me with them, am i ultimately liable even though i had done everything i could in the correct manner? if im not liable, is there any documentation regarding this type of scenario that i can refer to like a point of law or similar? i feel like i am back to square one! many thanks in advance Nigel PS. i have also posted this message here- thelawforum[dot]co[dot]uk/laws-regarding-contracts-finance

Thanks you in advance for your time taken considering my difficulty and your help. I am currently £10,000 in arrears with my mortgage of £299,995 and have been unable to make payments now for 3 months (£1400 approx monthly). The majority of the arrears were accrued in 2009 and since then I have had an arrangement to pay interest only which i have kept to until 3 months ago. My job lost it's funding last August 2010 and since then I have been working on a self employed basis and also selling most of what I owned to keep up to date with the agreement however, my father suddenly became ill earlier in the year and my mother was unable to care for him due to disability so I chose to step up and as a consequence my earnings have been almost zero for the past few months. I have been in regular contact with NRAM and asked them to allow me to pay only £500 for a few months until I get back on my feet however they point blank refuse and have said they will continue with legal action unless I pay the full £10 000 and also make full payments to the mortgage. I understand their position, they want to get what we agreed! I have 2 children (the youngest is 2 years old) and I have no idea of how to deal with this situation? I have had the house valued and if I sell it will just clear the mortgage, I am prepared to do that however, i am concerned that I will put it on the market and NRAM will repossess anyway, does anyone know if they will negotiate on that point please? I will be grateful for all helpful suggestions and advice and thank you again for your time and help.

Due to excuses i wont bore you with, i have fell behind with 2 months car payment with Duncton. The total comes to £698 including default charges. I recieved a letter mid month telling me i had to make full payment of this by the 22nd of this month or the agreement would be terminated. I spoke to a girl shortly after called Esther who had called me as i never had a valid DD set up, and i explained to her that as i dont get paid till the last banking day of the month, i would not be able to make any payment till after the 28th. She said this was ok and that we would set up DD details when i called in.On the 26th, i recieved a letter saying that my agreement was canelled and that i am no longer driving the vehicle with their consent. Included with the letter, was a pamflet detailing what i need to do before they recover the vehicle. This has caused me no end of worry as i only ended up in this mess due to circumstanses outwith my control. I spoke to people at Duncton and i was very apologetic about falling behind and stated that i am still very much willing to pay for the car and need to keep the car. I also said that i wish to clear the outstanding amount and bring everything up to date again so that i keep the car and they maintain to get the money for the car .They have said that i need to pay £1000.56 in one lump or they will pass it to legal to apply to the courts for collection of the vehicle. I cannot afford £1000.56! This is made up of 2 months arrears, default charges and 1 months rental which is due now. I asked if i could make a lump payment and have them increase my DD for the next few months to bring it back in line, they said no! they dont do any form of payment plan and if i have struggled paying my original DD amount of £308 then increasing would not help me. I just asked what i would need to do to ensure that i keep the car and bring things back to normal, they told me either i have to pay the £1000.56 in the one go or:- 1) The account is passed to a collection agent who act on Dunctons behalf to recover the arrears. The agents are instructed not to accept payment plans and are only given a certain amount of time to recover the arrears. When asked about the amount of time, he said "till the end of this month at the most" 2) Duncton apply to the court to recover the vehicle.What bugs me is, i am totally willing to pay and i am in dire need to keep my car, they just seem unwilling to work with me so that i am able to clear this in the right amount of time so as not to fleece me and leave me on bread and water for the month My car is on Conditional sale and i will have had it 2 years this July. Can anyone help me out?

Hi, I bought a car under HP and, due to adverse financial conditions, fell behind with the payments. I have paid well over 1/3 of the total cost. A ROG order was requested and granted. The finance company did not collect the vehicle and after 6 months - only then becoming aware of such an option - I applied for a Time Order and a hearing date was scheduled. At this point the car was repossessed from the street. From browsing previous threads it appears that the car was taken unlawfully as no Warrant of Delivery was applied for, nor a court bailiff. I had to apply for an adjournment so I used that application to vary the original application and asked the Court to order all all sums paid by me to be returned as per s.91 of CCA. The hearing is in a couple of weeks. My question is whether anyone has actually succeeded in such a claim? I understand that it appears from the Civil Procedure Rules that a Warrant should be applied for, however does that mean that not following those rules would contravene s.90 (which rather generically calls for "a court order") which would then allow s.91 to be invoked? Thank you for your help!

Hi everyone, I hope someone can help… A friend has had repossession proceedings started against her by Barclays/Woolwich. The hearing is set for 1st August and I’ve been helping her by writing all the letters to Woolwich and their solicitors trying to get the full picture and making offers to them. Briefly the mortgage was taken out in 2004, all payments on time until Oct 2009 when her work virtually dried up (she is self-employed). She was in touch regularly with the Woolwich - but unfortunately these contacts were all by phone and she was told as long as she made the effort to pay something each month there would be no problem. Her bookkeeper tried to talk to them in March this year to try to get some sort of reduction by reverting to interest only or even a mortgage holiday for a short period until her work picked up again. The answer was a definite “No”. Her work has now picked up and she has made several payments – despite this the case has been passed to their solicitors who have taken repossession action. When the letter arrived stating that she would receive the court summons, the solicitors included a computer screen printout of the last 2+ years statements and I noticed that her contractual repayment of principle + interest had reduced to about £320 from July 1st . I queried this sudden drop of about £100 per month and eventually received a letter stating that she had been on a fixed rate mortgage for 5 years and that it had just reverted back to their current rate. I have sent a SAR to Woolwich to try and obtain all information regarding this and transcripts of the phone calls which were supposedly recorded. However time is running out… Do I fill out a N244 to apply for an adjournment to give them more time to clarify the amount of arrears (They are saying around £3000) but I do not recall there ever being any fixed rates for 5 years – and the mortgage started in 2004. Unless they put her on a fixed rate in 2006 this doesn’t compute. She cannot remember what the deal was. If she was on a 5 year fixed rate and she has got the arrears they state – she is now in a financial position to pay the contractual amount plus around £40 pm off the arrears. This has been offered (and paid for the last 2 months) but basically asking them to clarify the exact amount of arrears first. What do I do? Any help greatly appreciated Thanks

Hi Need some advice Few days ago Cygent Finance had my car repossessed. One would say my own fualt and others may say right for doing to protect your own rights. Briefly Had car since Oct 2008, paid £650 deposit and below is summaary of total amount, amount paid and amount reminaing Amount Of Credit - £4650 total Amount Payable - £10077.12 Total Amount paid to date - £4838.60 Amount Due - 5238.52 My partner at time went on maternity in January 2010 we asked cygnet to change payment dates to coincide with my pay which was 15th for next 9 months whilst she was off work and to drop payments to £120 for same period, letter sent off and no letter ack but accoun manager called and said that was fine. So we made £120 each month, first £120 on 1st of month then had to pay again on 15th to put account in advance did this until September time when I found out they had been marking my credit file late each month for all 9 months. (original date was for 1st of each month), spoke to them and they blamed computer, wrote to credit people who said nothing can do speak to finance company. Cygnet didnt budge, so we fell out. Told them needed to go back to normal as partner went back to work and I had finished my current ocntract. Said the y couldnt change dates and had to keep it the 15th, told them agreemnt was for 9 months but they said no they couldnt change it back. So paid on 15th and again red mark and next month again. So come December I had enough, wrote final letter asking them to resolve issues they had created on my credit file and that I firmly request the date to be amended as per credit agreement. Refused. So told them where to go. By this time I was failing to get credit and my limits were being reviewed by my other creditors. Now upto that point I had paid of over £4800 to them, 1 month went by and no replies, spoke to them and manager agreed they were wrong but still nothing happended. Sated I wouldnt pay until resolved as it makes no difference what they do my credit was now crap. Then in April they send me a default notice stating 2 months behind of £240 under whatever terms they were cancelling agreement and seizing car. We had split up by now and my other half had car so passed it to her. But to cut long story short a bailiff or whatver you call them came, entered driveway at rear of property via gates, and proceeded to enter car forcefully. All hell broke loose and bailiff began threatening as at time partner got in and sat in car. He then pointed out that sdhe could either get out of he would forceablly remove her and that it may be painful if she refused. Police were called due to matter and police then proceeded to declare that this man was in his right should car not have been paid for. They then requested that keys be handed over and that she remove herself from fron tof vehicle or risked being arrested. Finally police escorted her indoors and after bout 15 mins letter was pushed through door of her house with my name on dated 04/03/2011 saying 1 month behind Notice of Termination and Seizure Arrears £120 Balance £5238.52 Paid £4853.23 Letter is photocopy, has been scribbled on my bailiff stating I HAVE TAKEN CAR!!(that is corect number of exclamation marks) 21/06/2011 @ 3.10pm and that was it, since rang asking what the hell they are playing at, told me tuff can do what we want that our vehicle, said would arrange to pay arrears but stil lpending pending resolutions to my personal data and my damaged credit file, they refused to accept the supposed £600 arrears that was owed bear in mind only £120 in arrears on 4th March plus they wanted £580 in costs on top of £600 for taking vehicle. So would only deliver back vehicle if i made debit/credit card payment for £1180. Still waiting months and months down line for them to resolve all bad data they had recorded against me. I understand that anything from February is legit but August through to January has been tarnished by their inaccuracies Also to note Told them to keep it but deciding to seek advice as to whether actions were viable or not Sorry for long winded ness just trying to paint picture and circumstances surrounding the whole affai CAN ANYONE PLEASE SHED SOME LIGHT ONTO WHAT ACTIONS ARE CORRECT ETC, WHAT THIS LEGAL WHAT THEY DID

Hi I have a 300k self cert mortgage at 7.99% which started in Nov 2008 (height of the credit crunch) I was in the middle of buying my ex out of the house and as i am self employed was left with no options as I was self employed. My income has been variable but bank of Ireland were a nightmare from day one, not setting up DD's taking it without warning or not completing the mandate so I ended up with arrears from almost day 1. They also failed to allocate payments to my account. I have repeated complained about the way my account was handled and got the usual fob offs. Anyway in 2009 I lost 5 big customers leaving me £80K out of pocket, then in 2010 another customer defaulted for £120K, the first 5 all went bust because banks called in their OD's and the latter is just a dirty bstard trying to dodge payment. How my business survived is a miracle however what it has done has meant I have taken my eye off my personal ball. I know you will find this incredible but I didn't notice for nearly 6 months that BOI were again not taking my DD various wrangling later in November 2010 we agreed I would pay £2k per month (£1750 + 250) by DD. They this time didn't set up the DD and then didn't collect any payments first I realised was in Jan I got a notice of hearing for suspended possession order, this was had in Feb. and suspended. Prior to the hearing I paid 8K (4x 2K) in separate payments, the judge made this part of the order and ordered I pay the 2K per month amount. This I have done however 2 payments were a few days late because my bank didn't send them in time. I have letter of apology on both from my bank and sent them to BOI. BOI are now claiming they haven't had all the payments and have applied for a warrant to evict me on the 25th May. They are claiming the arrears have gone up. This is a like a terrible joke and is killing my relationship not least my GF is threatening to take my daughter away. Any help you can suggest to resolve all of this would be appreciated.

Hello, im not sure if im posting this in the right place, so admins please move if needed I will start with the facts Mortage with GE money £75.000 owed secured load with nemo finance £17.500 owed council repaymet if sold with in 6 years £5000 owed current property value £82-85,000 both myself and partner declared bankruptcy on 29 march 2010 and it still stands we just had a repo hearing at county court by nemo, we are £4000 in arrears ( i know, i know ) . nemo went for possesion order and money order. the judge declined them on the grounds that we pay our standard monthly rate (£360) plus (£111) of the arrears each month. we can just make the payments but wanted to know what would happen as regards to money order while we are still backrupt if we decided to just let the repo go ahead GE money and council will get there money back, but nemo stand to lose a lot.... can they still chase us for money ?l and can it be dealt with under the backruptcy or when bankruptcy finishes we we still be liable for it ?? Hope someone understands what im saying here and can help many thanks

i have lived in my flat for 16 years, ive seen 3 occupants from the flat below come and go, then 5 years ago a woman bought the flat below me, all was well for 2 and a half years, due to a death in the family,i became depressed and started drinking, with the drink came music, in short a noise abatement notice was served, i paid the fine, had my possessions removed and got told to abide by the housings rules for 12 months. 8 months into my probation the neighbour started bombarding the housing with complaints about me again, this was aug last year, after i had put myself out to comply with the rules,and recovered myself, and has been complaining constantly since, noise she says, banging in the middle of the night, me and my son talking,my tv,my washing machine,me flushing my loo,walking up the hallway and down the stairs, i have so i thought been very careful in what noise i have made but alas it seems that its not enough, i did seek legal advice and got told to keep my own diary of all noise i hear and when i am not in my property as some issues were not accurate the last time. i have done this, when the noise team at my local housing phoned me and told me to expect a court date, i told my brief who said as soon as i know it to let them know, this was befor xmas, i did not receive a date, and yet this morning i get a letter from my court telling me that i have just 2 weeks for me and my son to get out of our home, im at my wits end, how is it possible to remove 16 years in just 2 weeks? no one seems to want to help me at the housing even though i have constantly tried, sound proofing is an issue in my flat as i am unemployed and cannot have sufficiant carpeting, the housing said they would refer me to a department that could help with this but never did refer me, i am a heavy set woman who does not step lightly as i have proven when i spoke to my brief, i have also came close to being admitted to hospital for high blood pressure due to this stress of these ongoing complaints, also being diabetic i tend to need the loo quite frequently which the neighbour has moaned about, i am going to the court tomorrow to fill out a N244 form, even though im not sre if this will help, sorry its been a long winded thread but i am at my wits end, i do not want to be thrown on the street with my son, somebody please help me:-(

Hi Guys, I hope you can help me, I took out a logbook loan in Sept 2009 in the event I needed cashflow, which it later turned out I did not, as I later got the pay I had been waiting for. I tried to cancel the agreement the next day before their cheque had even cleared in my account, accepting that I would probably incur £100 or so in fees. (They had been advised that it may be very short term and they said it was straight forward and not a problem) Upon trying to settle I was advised that if I settled early I would be liable for the entire outstanding amount including the interest that would have been incurred, and that a 'cooling off period' did not apply. I made substantial payments, and upon being a few days late on one payment in Feb 2010, I received a letter stating I had incurred hundreds of pounds in charges. I contacted the LBL office, who informed me that as my very first payment was a couple of days late, every subsequent payment had been late, and therefore incurred charges (this was the first time they had written to me), and upon being late with a payment in Feb they had written to me. LBL stated it had been a system oversight, and that now my account was ahead in terms of payments, I should not give it a second thought, at this time I asked them for a statement, and a breakdown of payments, as I regularly paid off bigger instalments, over and above that required. This never came, I also requested this again by recorded mail, again this never came. I neverthe less continued to make payments until Sept 2009, and obtained the managers mobile number and asked for a settlement figure, he gave me some sky high figure amounting to several thousand pounds, I asked him to break down that figure, as according to even LBL's appauling interest rates it could not be that much. I got a text reply stating I had incurred charges througout the preceding year. I then argued this and requested a breakdown of all payments and charges etc. I received no reply. I have called their office and also left a mobile message requesting a payment breakdown, as I would have had the final payment paid off by now. Again I have received no reply. I made one last monthly payment in October then following LBL's inability to communicate I cancelled my standing order as it was now feeling very much like a loan shark. Sure enough, within a couple of weeks LBL got in touch. First a call on a mobile wanting to know where I and the vehicle was, and then a letter. Saying as I had failed to make payment in accordance with their agreement, and had previously been notified of a default in Feb (which LBL had told me was admin error) that my vehicle would be repossesed without further reference to myself. I am more than happy to meet with any of their bailiffs etc etc, I took the credit due to the position I was in, and even though I tried to be a good customer, they design it so you simply cannot. If you pay the full loan, hundreds in charges and they get your car, then surely that is the best outcome for LBL, and the tactics they use would surely support this. I would appreciate any advice as to how to proceed next. I am happy to appoint a solicitor or take them to court myself. I would like some advice as to any illegalities regarding this ancient law they use. Or how to find out if my bill of sale was correctly registered. I will see this through to conclusion as these people are targeting the most vulnerable in society. If anybody can point me in the right direction in terms of law, contacts or similar case studies then I would be most grateful. I simply want to settle this for the benefit of all concerned, but we all know what the best outcome for LBL is. I am happy to launch court proceeding straight away if somebody could advise via PM or forum. Happy Xmas to all Caggers!!

Hi my daughter recently took out a finance agreement on HP with Black Horse for the purchase of a car. At the car dealers they were offering 7 day free driveaway car insurance but she was advised that she could not drive the car away because she was under 21. The dealer signed over the V5C to her boyfriend at a totally different address to that on the finance agreement and not her and allowed him to drive away the car. At no point did the dealer ever sign over the V5C to her. The boyfriend has insured the car in his name at his address and is refusing to return it to her. We have contacted the police but have been advised it is a civil matter. As the V5 has never been signed over to her from the dealer is the contract void? She is up to date with payments where do we go from here?

Hi I was wondering if you could help please. I had my home repossessed in Jan 1999. Basically a second loan was taken out on the house by my idiot of an ex, I did not see any of the money from it. Unfortunately I was the only person listed on the mortgage, due to financial indiscretions of his (should have told me something huh!) The only time that I have "accepted" the debt, was in reply to a repossession order to the court. I have received letters over the years from Halifax and/or their representatives/debt companies. I have ignored them, or sent them back "not at this address" I changed my name by deed poll 2 years ago (not to escape the debt, to escape the ex!) They have now managed to trace me under my current name (Debt collection company) Given that I think they are coming up against the Statute of Limitations in Jan next year (just 2 months away). What would your advice be? Ignore the letters? Or make an offer? The debt is £13,000. I have no assets, as I have refused to have my name put on another mortgage because I am aware they can have a charging order, or even repossession order for any other property with my name against it. I have a few questions: Does the clock start on the statute of limitations from Repossession date, or from date of them "informing" me of the shortfall. Because certainly in the early days I do not recall any letters from Halifax. I have never replied to their letters, I have never admitted the debt post Repossession. Advice? Many Thanks T

It all boils down to securitisation !! That is why these barstewards are so hard to deal with !!! Did you know that your mortgage was being securitised when you signed your agreement? Nope me neither! But it appears that although they dont make you aware when you are signing, it does affect your rights and remedies, should you experience financial difficulty and fall into arrears, this can not be right surely, there must be a law that covers this or come under the act which covers unfair contract terms in consumer credit agreements? Any one any ideas ? There must be some legal issue here? cher 69:!:

Hi Can anyone please help me i am at my wits end and don't know where to turn for help, but was told you people on here are amazing. Last October I managed to get a suspension of eviction order from the courts agreeing to pay my mortgage payment plus £75 off arrears. We had stuck to this arrangement but in the last three months life has been very difficult. We had our own busness which due to a nasty landlord we had to give up, he wanted to increase our rent to such a level that we could not sustain the business. We both then had to find new jobs which as a lot of people can agree has been very difficult. For the last three months my husband has worked for an agency part time, very low wage and I have worked part time as a cleaner. My husband has now managed to find a decent full time job but after starting (on 9th August) was told that they are monthly paid so wont get paid until 10th September. I have also now managed to find full time employment which will start on 20th September ( due to CRB checks), but I also will be monthly paid so wont get paid until the end of October. I asked the mortgage company for help as we literally had enough for food and nothing else, we haven't even received any money off the government for un-employment pay!! The mortgage company said no, I asked for - not sure if these terms are correct - recapitalisation or putting us onto interest only for 6 months again they have said no. I now have got a new date for eviction and re-possession of the property and wanted to know if I could fight this action again as once we are both being paid we can resume the payments. By the way they say they will stop the eviction if we pay 75% of the arrears which are at a substantial level!! We said if we had it do you not think we would pay it. We have unsecured debt which we keep saying we will get sorted but in the true English fashion we hope that things will be allright without doing anything. But my main priority is getting this re-possession stopped can anyone here help us please Thank you in advance for all your help and I do hope I have posted this in the right place Jules

Hi, please excuse me if I'm in the wrong forum, but I am completely new to CAG and am looking for some help. My home was repossessed in 1999 by a loan company, who then pursued me for the "shortfall" between the outstanding loan and the sale price of the house. I am wondering if this debt is enforceable if the solicitors who are now receiving payments cannot produce a copy of the original credit agreement, or if they can, can it be rendered unenforceable if the agreement doesn't comply with the Consumer Credit Act? Thanks for your patience.

Hi all, I've been keeping my eye on these forums for some time after getting myself into a very sticky situation with a certain very well known building society a few years ago. After 2 years of unbeleiveable financial stress and what appeared to be an impossible situation without BR.. I have today managed to reach an agreement on a full and final settlement that I never dreamed of I do not have it in writing as yet, so do not want to reveal too much until it arrives in black and white. But as soon as I have it in writing I will reveal all. However, they have suggested that they want to put it in writing to me, rather than me send them a full and final settlement letter. Are there any specific areas of concern within the wording that I should look out for? Any advise on this would be hugely appreciated.. and as soon as I have the offer in writing I will tell you my story.. which I hope will be able to help any of you that have had your life put on hold due to reposessions and impossible debts ) Best regards LuckyBoy