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  1. Hi Back in 2012 Ascendon applied for and got an eviction date from a suspended repossesion order from 2008. I posted on here and thanks to Ellen's fantastic help and advice I attended court and the judge suspended the order again provided I paid the monthly mortgage and £300 per month. At the time this seemed realistic and affordable but Ascendon kept on making things very difficult for me. They wouldn't change the payment date despite me not getting paid until the 10th of every month and they insisted I phone up every time.However by sept 2013 I was completely up to date with the mortgage but my business has struggled over the last year (due to a restructure of the company I work for) and I've fallen behind with the mortgage again. They have now gone back to court and obtained another eviction date, set for Thursday 23rd October 2014. My questions are:- 1. How long does a repossession order last-as it seems to just sit there indefinately and as soon as I'm a couple of months behind they start proceedings again. They know I'm self-employed and they always get their money but they are so inflexible and keep adding on countless charges. 2.I never get noticed of when they go to court to obtain an eviction date-is this right ? I just find out from their solicitors letter, which by the time it arrived this time gave me 2 weeks notice. 3. I will fight again to get the eviction date suspended, but I can't remember what to put on the n244 etc (I lost all copies of my previous eviction when my house flooded) Can anyone help ? Thankyou
  2. Hi, Lowell Portforlio 1 LTD made a claim against me in the North Hampton County Court... To cut a long story short Lowell discontinued the case and it was set aside by the courts. There is no CCJ on my credit file for the case BUT it still shows as a default.... I would have thought that the CCJ and anything associated with it should be removed from the file.. I contacted the Registry and they informed me that they only can take remove CCJ's not the default.. Is there a template letter that i can write to Lowell to let them know i have a Certificate of satisfaction/Cancellation and why is this still on my credit report as a default? thank you
  3. I run a local work club where I help people with IT problems such as setting up email accounts, UJM accounts, CV building, basic Maths and English etc (voluntarily) and we had a new person arrive today in tears. It was his first time signing on and in his own words has no idea about computers, never used one, doesn't know how to turn one on etc. After calming him down and telling him I was there to help he told me on his very first visit to the JCP that unless he has an email account set up, UJM set up and a CV printed and saved he would 'be liable to sanction' Bear in mind he has no skills IT wise and only very basic English and Maths skills and no PC access he would not have a clue how to do any of this and would have risked no benefit money and an automatic sanction on his second visit. I told him that the JCP adviser was a bit extreme and as long as you initially show evidence of what you are doing to find work the email account, UJM and CV can be done in the coming weeks. He said he would do this to his adviser but the adviser, or coach or whatever they are called this week said it has to be done by his 9am appointment on 25th. Luckily he used his common sense and found the work club and I was able to do it all for him this morning BUT me doing it doesn't solve the problem, he needs help and training to do it himself especially if using UJM and email regularly. In my opinion the adviser/coach has set him up to fail at his first hurdle. He then told me the adviser/coach wants to see evidence this had been done so I printed a copy of his CV, noted his email address and password on paper and his UJM gateway code and advised him not to show his password to the adviser/coach. He also said he has to tick the authorisation on UJM, I said "leave it unticked, it is not mandatory for you to let them have access" but I wondered should I have done this to save him aggro - if he gets pulled on it I will fight his case for him. All in all, as the title says, I think he has been set up to fail from the start. In other news, unemployment is down, funny that being the summer season, but now that is over let's see the next set of figures - oh, and what about the thousands moving to ESA from JSA?
  4. Hi please can I get some help Faulty steam shower - retailer refuses to honour 5 year warranty In May 2012, I bought a steam shower, as it had a 5 year warranty from Heat and Plumb London, (they still sell these), there are several faults which have now made the shower unsafe if not impossible to use, I wrote to them last week after speaking to which legal (they give you advice but are now very busy) they said the shower was covered under the Sale of good act 1979, so I wrote to the retailer asking for the repair or replacement as it should have lasted more than 2 years.........they have come back and state the original supplier to them is now bankrupt and they can send me parts if I remove the old ones and send them the details of them and will have to charge me, I am not happy as the shower is not working and we have no resolution, I sent this email below and have still not heard anything from the retailer at all now since last week when they stated the supplier is bankrupt, so no warranty - I need to have a new shower installed this weekend as this is no good, and cost me £800 in 2012, I am having to pay another 500 for the new shower cubicle, now! I sent this last week! Dear Sir Sale of goods Act 1979 - defective shower unit - request for replacement and/or repair at suppliers cost. I have now taken legal advice in this matter, I can confirm that my contract for the purchase of the above shower unit which cost approx. £800 is with Purity Bathrooms T/A HEAT AND PLUMB, after considering the matter closely and due to the nature and cost of the appliance/shower unit, I can confirm that the durability and Quality of the product is not of satisfactory quality and failed to be fit for purpose. Sale of Goods Act 1979 Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose. I can confirm that the shower Unit is not fit for purpose as this should have lasted longer than 18 months, moreover the shower steam unit has failed and so has the thermostatic selector for the shower, in addition the build quality is of a inferior design, which has caused these failures, I must also inform you that the reason for buying the shower at such a high cost was due to the 5 year, warranty which you supplied as part of the sale. The contract remains with Heat and Plumb, therefore I now wish to replace the Unit as there is no guarantee for this item and the terms of the contract has been broken by your Company, accordingly any product you now supply (replace) must be of a suitable quality, under the terms of the Sale of Goods Act 1979 and must be as described, and of satisfactory quality and ad fit for purpose, unless you are prepared to supply me with a shower unit which you can now guarantee to be as stated, then I will expect a full refund by return. I await your written response by return and give you no more than 7 working days to conclude this matter and either send me a satisfactory and fit for purpose shower unit which will last longer than the warranty, or send me a full refund, failing which I will have no other option but to issue a County Court claim for damages and loss, which will include legal costs and costs for time to issue proceedings. Please send your response in writing only so there is a record of this issue and I look forward to resolving this matter as soon as possible. Kind regards
  5. Hello, Please could I have some advice? I've just received a default judgment for a Lowell debt (well, the ccj is dated last month, but I have my post redirected from an old address back to my parents and I've only just gone to visit). I did know I had an outstanding debt from a capital one card, (but for some reason I still receive e-statements from them). They've sold the debt off to Lowell (for £2,552), and I've just had a letter saying that I have a default judgment against me. I have had no correspondence prior to this from Lowell, such as a notice of default, nor have I had any papers come through that would have enabled me to submit a defence. The judgment paper and the letter from Lowell were sent to my old address but redirected to my parents house, however I've not received any defence papers. Is it the court or Lowell who would have sent them? (Just to add, I've had a few problems with the Royal Mail's redirection service before, as not all my letters have been redirected back to my parent's address. Having said that, it seems funny that I've received the notice of ccj and a confirmation of the ccj from Lowell, but received nothing that would have warned me that they were submitting a claim for a ccj. I've had a look at my credit report and it appears that the debt was bought in oct 2013 for £2552, but the judgment is for £2849, (plus another £207 for costs) so I don't know why the debt has increased? Could I have it set aside for punitive charges? Also, it appears that they bought the debt in October 2013, but I moved from my old house at the end of October 2013, which is why I didn't have any knowledge that they'd bought the debt in the first place, so I couldn't have told them of my new address because I didn't know that they were chasing the debt. The only other letter I've received pertaining to this is one that was dated after the ccj was served, saying that a ccj was entered against me and I have 30 days to pay in full (the 30 days are up), otherwise it will remain on the County Court register for 6 years. Please could I have some advice on applying to have this set aside? Many thanks
  6. Hi New to forum need advice regards CCJ Have letter from country court judgement entered against me regards debt £11.000 to BW Legal. Have been sent judgement for claimant (In default) and appeal form n244. I filed a defence but missed deadline. Requested information from BW Legal no response. I do feel there has been an abuse of process regards this claim. They have written letter saying that a statutory demand was delivered to my address, By a Receivables company. This did not happen, as I was at home for the appointment no one called. I also believe this debt is time barred as I have not had any contact with Lloyds bank for over 6 years. They have written here (Home address for a couple of months last year. I have also not been served or received a default notice from the company, BW Legal but on the claim form is states a default notice has been served and not complied with? I am appealing this judgement any help Thanks
  7. Slightly complex claim here. I topped up an Egg loan at the beginning of 2007. The total cash amount of the loan was £9331 and the payment protection premium lent was £1730.85 with the total amounts payable at £10668.00 and £1979.04 respectively. I subsequently defaulted on the loan and it was sold to various debt collection companies, ending up most recently with Arrow Global. They stated that the purchase balance of the account was £8193.79, down from the £11061.85 advanced by Egg. Added to the complications, I now live in the USA. Restons for Arrow Global obtained a CCJ by default judgment against me and I applied to have it set aside once I found out about it. I ended up deciding to settle with them and we eventually agreed on £3000.00 in full and final settlement of the account. So I have effectively repaid £5868.06 of the debt, plus whatever interest that I'm unable to calculate. In the meantime, over a year ago I was sent a letter by Canada Square Operations asking me to complete a complaint questionnaire, as I belong to group of customers who MAY have been affected by a PPI policy being mis-sold. I never sent it as at the time I still owed the debt. The letter they sent noted that the debt had be sold on to another company and asked permission to contact them to find out the status of the debt. Since I have now settled the debt I filled out the questionnaire and sent it off. I'm wondering what I can expect given the circumstances surrounding my case. I'm also wondering if they will respond to me at my US address?
  8. I have recently had a Set-Aside Application granted. I now need to remove the CCJ from my credit file. I have been advised to either obtain a certificate of cancellation from the court to send to Equifax, Experian and Call Credit or Send the Order to Set-Aside the Judgment the aforementioned credit reference agencies, is this correct? Are these the only three agencies? It seems all to easy for a creditor to be granted a Default Judgment and subsequent CCJ and when it transpires that the incorrect address and amounts are used and the Judgment is Set-Asided, it seems impossible or extremely hard work to have the CCJ removed and your credit file, in essence indemnified. Is there a way to return the credit file to its former glory of 999 as simply as it was obtained?
  9. Hi Not sure what advice anyone can give me and sorry it is long winded. Over a year ago my partner and I advertised for a part time admin person and were approached by a recruitment company who had obviously seen us as a possible lead! We are only a small business, but my partner decided to allow the RC to come to our house and discuss if they could help. I was not keen and left it to my partner. The result being she agreed to meet 3 applicants. She did not sign any terms and conditions, nor was she given any at that time, cost was not discussed at any time. An email from the RC asked us to return and sign them but none were attached. We then went away on business for three weeks. However my partner decided to try one applicant and informed the RC by telephone that she could start 4th Jan 2013 for one day a week. (During the time we were away an email was sent with the costs, which my partner did not pick up due to work etc) We then received an invoice for £980 dated 27th December payable immediately. I was a bit shocked by the cost (as was my partner) and was reluctant to pay as I had no idea it would be this much. I wrote and said that i would pay monthly ( as I believed that should she stop working I would not have to keep paying) We sent a payment and also said that no terms etc had been signed and costs agreed. The RC refused and started legal action and during this period the admin person informed us she was going to do her own freelance work and stopped any more work on 2nd April having completed about 6 or 7 days work in total. I received a court claim form etc. I lodged a defence and after agreeing to mediation I was told they had refused that, and a court date was set for October 14th. The RC replied to the defence and I replied to that and sent copies by registered post to the RC and the court. Now a week before the hearing I was given a date 14th October for an operation, that I had been waiting for, two years waiting, that's why I was on a last minute list if a space arose. I emailed the court and informed them of the operation and apologised for the short notice. I did hope that it would be postponed and foolishly said in the email that if they had to hear it in my absence I would understand believing if that happened they would look at my defence. I got an automated response, and heard nothing more and was out of action myself for nearly 2 months. To be fair I did forget all about it until March when I received a letter from a claims management offering to help after the judgement against us. I immediately tried to call the court and could not get through and emailed again on the 5th march asking for details and why we had not been informed of any judgement. Again I had only an automated reply. We then went away for work for another 4 weeks working and just after arriving back had a visit from the High Court enforcement Officer demanding £1908.35 and giving 4 days to pay. I rang the court again and after a fair wait finally got through and was abruptly told that my defence was dismissed and a letter of judgement had been sent out. I have never received any letter of judgement and would have acted if I had done so. I then applied to the High Court for a Stay and the County Court for a hearing to set aside, and was granted both. In my defence I thought I had a good chance of judgement in my favour for the following reasons. 1.The claim and judgement were not made out to our partnership, which they started with originally but in the name of our other business which is similar in name, but is a ltd company that trades under owns a cafe with different premises and registered office (my old accountants who were still listed on the Companies house website. I imagine they may have been sending stuff there mistakenly, and the HCE officers actually told me that they had gone there and were given my home address by them. I did send proof to the RC that it was the wrong company they were claiming against, in the form of separate headed paper and separate cheque books and accounts. We also have separate VAT and HMRC accounts and they are totally different types of business. 2. We never signed any agreement and only saw any terms and conditions when we were given demands for payment. 3. The RC had two of their employees, who were writing to both my home and my previous accountants. 4. The 'admin employee' had ceased any work after hardly any time at all and why should we pay any more than that. 5. There are other points I raised but those were the main defence. today at the Set aside hearing the DJ was not interested in any of this and stated that the original judge had dismissed my defence and any counter claim. I am certain he did not have any of the original documents from my reply to the RCs reply. I believe he was only looking at my application to set aside which had the email informing of my op, and the follow up email. He said 'what does it matter if the Ltd Company had the judgement as opposed to us personally' he also expressed doubt that I had not received the judgement, and I should have known that it had gone ahead in my absence. He was not interested in my email asking what had happened, or any info from the hospital. He would not let me explain anything, and he favoured the RC solicitor and I got quite upset as he would not listen and refused to set aside the judgement and said I should pay the original cost and court costs so about £1150. He also said he would not allow me to appeal without applying for permission. I am really angry and feel that it was already decided before we entered the room. What can I do now. Any help appreciated Jaw
  10. Good evening, I have to attend court this week as a company that i launched a small claims against has sought to have a judgement set a side. I followed all the steps using the money claim online system, the company filled an acknowledgement of service and then failed to file a defence, they haven't done anything until 36 days after the judgement was issued. One of the lines in their defence letter was that the individual didn't take over the running of the company until a date which they have not entered but they say that the issues i have raised starting 2010 were before they took over the company. However they have been listed as a director since 2006? Has anyone got any advice as to what i should do at the hearing? i have copies of emails detailing all the issues that i have. Also i have paperwork from a 3rd party showing dates that they sent payments which were either delayed by upto 3 weeks or never passed on to me. Any help and or advice would be very welcome. Kev
  11. Here are the current court fees which take effect from today 22nd April 2014. http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf http://www.consumeractiongroup.co.uk/forum/showthread.php?421493-Court-fees-increase-from-22nd-April-2014 http://www.legislation.gov.uk/ukdsi/2015/9780111127490
  12. Hi. I won a CCJ against someone who has now filed a N244 for the judgement to be set aside, for what I think are spurious reasons. Can I respond to this in some way and object to this application? Thanks in advance for your advice.
  13. Hi Everyone, I am after a quick bit of help. I won a CCJ against a company that owes me money for unpaid invoices. I won the case in default because they did not respond. I have found out they are applying to have it set aside on the grounds they did not receive the forms which is a blatant lie. I am a bit confused because they have selected the "without a hearing" option. Obviously I want to object to this at a hearing because I have evidence they did receive the forms. I worry that their application will be granted without chance for me to dispute it. Is there anything I can do? can I send some information/forms to the court? Many thanks!
  14. Hi All, I had bad time with my business in 2004 and eventually it become a court case with HSBC business loan. AT that time I could not deal with any other creditors and in the end, of which all defaulted. A CCJ for over £14k Egg loan made against in 2006 I didn't defend the claim and there was an interim charging order made against our property later a final charging order was registered in 2007. I am paying £40 to DCA for this debt from 2011. I knew it was my mistake and mentally I was not fit. I sent SAR to egg and got a reply but I could not get much information or any court papers. DCA is drydens ltd My question is there anything I can do now? Any advice offered would be greatly appreciated. Thanks in advance. B
  15. Hi, After some advice, I unfortunately took out a greenwood personal loan in 2011, The agent filled in the paper work, I signed it and that was it i had the cash given to me there and then. After a few weeks the agent stopped turning up, I called number on the card to state that he had not turned up, they informed me he was under investigation and another agent would be around to collect my money (They did not take card payments then else i would have paid). No agent showed up for the coming 5 weeks; I called the head office again stating the issue and they said that as soon as a new agent is appointed to the area they will be around to collect. (During this time, i had kept the money i was due to pay back). No Agent ever showed, the next thing i know i have a default added to my credit file. Start date: 29/10/2011 Default Date registered: 13/01/2012 I called the customer service department to ask why this had been added given the situation, they explained that they had sent letters to me about the overdue amount, and as i had not responded issued a default. I contested that i had never received such letters etc, It transpires that the 'actual' paper work that was sent off to the office had a false address on it (I live in Cornwall, the paper work had a Devon address on it - which i have never lived at). I had explained that this was false, the customer service agent could not understand why this address was there, or why the agent had set up a loan outside of his 'area' and passed it on to the 'regional manager'. The manager was less than useless; however I had the full balance to pay him as i wanted to get this sorted. Greenwood have stopped correspondence with myself in relation to rectifying the issue. Thankfully, im a little anal about paperwork and I have the following: - original contact. which i have supplied to greenwood (They have dismissed it saying this does not match theirs. ). - A copy of the statement i gave to the regional manager. - Receipt for final payment. - List of all calls made to them (BT Supplied me with this). The only thing i do not have is a "Request to call" which apparently is required by doorstep lenders? (Never signed one) I've asked them that they update there records, as i believe that the default was added in error, they are refusing because "they are within there rights to update CRA about defaulted accounts" So my question is, Where do i go from here as this has been going on to long and i feel they should have resolved this in that time.
  16. I got a MCOL default judgement against a company and they have applied for set aside. I know they can't be claiming they didn't receive the claim because they phoned the court as soon as they got the judgement and claimed they had responded in time. I've got a one liner from the court just saying it's been transferred to my local court for a set aside hearing and I'll be informed of further details in due course. I have no idea how the process works at this stage so I'd be really grateful if someone could answer the following - and let me know anything I've failed to ask I thought a set aside hearing would be in the defendant's local court. Is it normal for it to be transferred to the plaintiff's? Is the excuse that their response was lost in the post a reason for set aside? Do you have to give a reason or do you just pay your money and the process starts? Does the plaintiff get invited to a set aside hearing and if so would it be wise to turn up with all our evidence as it may turn into the actual case being heard?
  17. Hi there, thought I had posted this but it appears to have disappeared? Anyway, hope you can help. In March 2010, my employer advised me that for the second time in my employment with them, they had made a mistake and overpaid me for 2 years. (I had repaid the first overpayment which happened when I returned from maternity leave and changed my hours). This time, the overpayment was around £4K. I had adjusted my working hours for childcare reasons and had only dropped a couple of hours so didn't expect to see much of a change in salary. Further to that, I had received a pay rise so didn't notice the overpayment. Then in June 2010, they advised me that they had made a further mistake and the debt was now nearer £5k!. I agreed to repay £50 a month which they took as a gross repayment and I repayed £950 before taking redundancy. This worked out around £32 per month net. On leaving work, I went to college to re-train and therefore had no salary. I entered into discussions with my ex-employer who were demanding £60 per month net. I explained that I felt it was unreasonable for them to demand repayments that were double what they had accepted while I was in employment when I was not earning. I made an offer of £20 per month which they rejected demanding £30 which again I disputed saying that they could not expect me to pay the same amount of money that I had when I was employed when my circumstances had changed so dramatically. (The problem is that I cannot find this e-mail anywhere - a number got lost when I moved from BT internet to gmail). I heard nothing then until a letter came saying they were taking me to court; which I am embarrassed to say that I ignored. I have now had a letter saying a CCJ has been registered against me and if I do not pay by 28 March, they will commence legal enforcement. I work as an actor now but I have no regular income and am currently not working other than some casual front of house work at a local theatre but there is no guarantee that I will have regular work. My husband has an income so I am not entitled to any benefits but things are not good between us and I do not receive money from him as he pays all the household bills, mortgage and food etc. I don't know whether to just start paying them the £20 a month I originally offered or to apply to the court to get the judgement set aside. Can anyone advise me please?
  18. Hi I've been getting a number of letters from different debt companies and i stupidly ignored and even stopped opening them. I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill. I however suspect that this debt might be over 6 years as i remember getting into financial difficulties and defaulting when i was on maternity leave six years ago. I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take, but am not sure who to contact regarding how old this date is. It was originally with Lloyds bank and has been passed to different companies. They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet. Any advice on what to do is very much appreciated.
  19. I have (had) an excellent credit rating and have a job that would be affected I think by having a CCJ. My mum bought a property 15 years ago and put in my name but she continued to live in it, we had a deed of trust saying she was responsible for all the bills, and all bills were in her name, She passed away at the end of 2012 and I was her executor, I looked at all her papers and contacted all the relevant parties, utilities, council tax etc to let them know my details and that I was now responsible for bills. The property was a flat and there is a managing agent, I told them my details. However I didn't realise that ground rent is collected by a separate company and did not contact the agent for the freeholder (my mistake). 6 month after my mum died I let the property out, the tenants said they'd pass on any post after that time. As the ground rent is only due every year and had been paid just before my mum died, no letters about the ground rent arrived before the tenants moved in. Today the tenant contacted me with a letter she opened as it was addressed to the occupier, it transpires the ground rent of fifty quid was due in October 2013 and as it has not been paid, the landlord got a CCJ in January! The tenant said a few letters had come in the last few months but she'd just put them aside for me for next time I came round. I had no idea this money was due, I thoughtI had faithfully notified all possible third parties of my details when my mum passed. I am willing to pay the full amount due including all the added costs and charges (which seem fairly reasonable for solicitors, the total is now about £ 250), however I am desperate to have the judgment removed from my credit rating. As the judgment was more than 28 days ago apparently even if paid in full it will stay on my credit file for 6 years. I spoke to the solicitors today and they say as they served on my last known address (and checked the land registry, property in my name, no other address for service) that unless they have done something wrong, the court is likely to refuse even an agreement to set the CCJ aside as the the judgment was correctly obtained. Apparently the solicitors have been refused consent orders to set aside in similar circumstances as an attempt to "credit whitewash" so they say there is nothing they can do to help me with regards to my credit rating even if I pay in full now. My credit rating is ruined for missing a one off payment of 50 quid that was less than 3 months overdue when the judgment was obtained! The ground rent of 50 quid per year was due a year in advance so the rent period it covers hasnt even expired yet (ends Oct 2014). The only thing I can see possibly wrong with what they did is that I think they may have claimed for a letter they didn't send, they sent me copies of all correspondence today and I can't see in that correspondence a reminder letter they claimed 45 quid for. They may have just forgotten to scan and send it to me but I've asked them to check. Would a wrong amount claimed for be a ground to set aside? I haven't yet got a copy of the claim form as I apparently need to ask the court for that, although tenant is now sending me all the post (!!!) If I explained the circumstances to the court in an application to set aside, i.e. genuinely thought had notified of address, but they obtained CcJ so quickly did not have time to collect my post, do you think I have any chance? Please please can anyone help with any ideas of what to do now. Many thanks in advance.
  20. Hi all. I'm in a mess. I've been living in the US for almost 7 years now. Had debt in the UK when I left, young and careless. I have no plans to return to the UK as I'm a US citizen now and well settled here. I co-own a house in the UK with 3 siblings, the 4 of us own a quarter each. It's a family house we inherited and they have no interest in ever selling it. Obviously, my share is just a quarter, 25%. I have 3 separate debts, £2082, £8513 and £1182. The CCJs were entered on 14/02/14, 06/12/13 and 20/12/12 respectively. They have also applied for a charging order against the property I partially own. My questions are: Firstly, can I apply to have these CCJs set aside as I have been a permanent resident of the US for the past 7 years. I've only just become aware of these judgments after checking my credit report online. When I left the UK I did inform my financial institutions (Egg and HSBC) that I was moving to the US. Could they force the house to be sold, even though I only own a small share of the property? There is no mortgage on it. Two relatives live in the house that will not be moving for a very long time. I also believe that the two most recent CCJs must have been statute barred as at that point I'd been in the States over 6 & half years and have had no contact and made no payments since I've lived here. What is the best course of action. I've searched and searched and have not been able to find anyone in a similar situation, with a small share of an asset that has no hope of being sold anytime soon.
  21. Hello Forum! this is my first post so here goes. My student account was recently changed to a graduate account in august 2013. last month 16 November - 15 December i went over drawn 4 times. 25 nov - £28.83 4 Dec - £64.76 11 Dec - £140.32 12 Dec - £187 each time incurring a charge of £25. I was not aware that these charges would be taking place until i received a letter notifying me that on 6th january they will be taking £100 from my account. after calling HSBC they notified me that since this letter went out i have received a further £150 in charges for exceeding my overdraft. bringing us to a total of £250 over the next two months. any advice on how to contest the charges? i realise i didn't read the changes in terms of my bank account with hsbc upon graduation but feel these fees are far too high for what i went over. in most cases for a day or two. i am currently only employed part-time whilst i set up my own self employed business and fear that these charges will be crippling to me moving forwards in the new year. ------------------------ after speaking to hsbc on the phone further, they have agreed to not charge me any interest on the account untill february when they expect me to be back within my overdraft limit including paying charges. as a goodwill gesture they waived £50 from the second months charges. leaving me £200 out of pocket................... suggestions welcome!!! many thanks
  22. I have been reading through some of the posts and I must say you are all so helpful. I wonder if someone could help me please. I owe £4k to Birmingham Midshires in arrears for my mortgage. A suspended possession order was taken out in January this year. I was working but in April the contract came to an end - my Father also became ill and 10 days later he passed away. I was not in right frame of mind through the summer months to find work etc. I told BM this and kept them involved as to what was happening. I am now back at work - as soon as I told BM this they executed the SPA and evicition is meant to be happening next Wednesday 21st November. I have been dealing with their solicitors Drydens Fairfax. A few weeks ago (before they sent notice) I sent an income and expenditure form offering them the monthly payment plus £200 per month - this was rejected and was served with the eviction notice. Drydens said that they would stop the warrant if I paid £1254 in a lump sum - I just havent got that sort of money until I get paid with my first wages on 25 Nov. I spoke to Bailiff at the court and she was very helpful - said that I should apply for an SPA because the mortgage company should have accepted my new offer and as I am working have a change of circumstances etc. I applied with the N244 notice yesterday and have been giving a hearing date of 20 Nov at 10am - day before the eviction. What are my chances do you think? Do you think the courts will be on my side? I am so scared. I have a 7 year old daughter and just dont know what to do if I lose the flat. If it is denied - will I still be evicted on the 21st? Any help or advice would be much appreciated.
  23. Good afternoon all We have periodically received letters chasing a £1084.24 debt for Lloyd's tsb. The debt was either an overdraft or credit card and is appx 8/9 years old. Latest letters from Lowell's and Hamptons which threatens to pass to Fredrickson international Ltd who will apply charging order, warrant of execution etc. What should I do? Also we had failed IVA with debt free direct appx 7 years ago and other than annual statements from one creditor, Tesco we have heard nothing. We owed around 5 creditors appx 40,000. Should I worry? I think about it every day. Finally in process of selling house where we will have small amount of equity(30,000) Will this be affected? I guess no chance of a mortgage? We have no further debt, loans etc for 8 years. Help please:smile:
  24. Hello. I am currently in an IVA (4th year now) I have recently opened a basic account with the new TSB. One of my creditors is Lloyds. My wages have not been paid in yet. I am wondering if my money will be safe there now that the bank is now a separate bank within Lloyds until next year. Their (TSBs) new terms and conditions state that the offset right will no longer apply to accounts outside TSB and vice versa. Does anyone know if this is correct and if my money will be safe. Thanks.
  25. 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
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