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Found 7 results

  1. Hi and hoping it will be a happy year for most people on here.... I wanted to ask a bit of legal advice. Have a court hearing in 3w regarding a debt to a private lender. Its a serious situation. ie repo hearing cos i secured loan against property. I can't borrow/ remortgage. This asset and contents are all I have. There is equity. But in this bad market and if there is a repo process, who knows... I have been trying for ages to sell my asset and repay debt; it just hasn't happened. Til now. I now in talks with 2 serious buyers. Both sorting finances (cash). Am hoping one will confirm in next few days. The next stage would be to proceed with legals with one of them. But I would not have any funds before the court hearing date. Exchange may be possible? Completion on the asset sale will mean problem solved; oh happy days.... Due to these 2 options - can I ask for an adjournment? Ask for enough time to pursue them? I don't want to go to court and incur more/ huge expenses I can't afford a lawyer and the lender will have a top tough lawyer. I now have medical issues caused by the stress. I think I have to allow 5 days in writing before hearing to ask for adjournment? Is there a cost? I don't want to even consider either of the above options falling through....
  2. New forum member here. I had my tribunal for an ESA claim yesterday. The judge and doctor present were very sympathetic and listened to all I had to say. The DWP didn't send their rep to sit in and listen. Due to a legal complication and in the words of the judge 'this being a very unusual case' he has adjourned the case and wants the DWP to give evidence pertaining to a couple of points that were bought up. How long are DWP given to reply? How long will the wait be for the new court date? If DWP wasn't represented why are they allowed another opportunity to put forward their side of things? I don't really understand if they were happy not to represent themselves why they are given another shot at appearing. Thanks in advance.
  3. I owe money to several creditors to which i make regular payments to when they have confirmed they owe the debt etc etc and i know who im paying is correct, but im having problems with MBNA/Connaught/1st credit ....The steps i have taken are below and can anyone confirm the next step for me please; ----------------------------------------------------------------------------------------------------------------------------------------------------------------- 03 April 2010 - Sent CCA Request/Do not acknoweldge debt 24 May 2010 - Statutory Demand Issued 25 May 2010 - Sent 2nd request as above 28 May 2010 - Letter received confirming my request for CCA on the 25th May 2010 saying take longer than 12 days 22 June 2010 - Statutory Demand Set Aside Confirmed due to no cca provided 30 June 2010 - Sent template letter saying "Account in Dispute" 05 July 2010 - Letter received confirming my 2nd letter and that they are yet to supply information and saying not valid request as falls under Schedule 2 section 2(a) of this Act, or grounds upon i rely on the notice 20 December 2010 - Documents received from Connaught and requesting payment in 7 days. Faint copy which says “Credit card agreement regulated by consumer credit act 1974” your lender is MBNA bank. Also copies of weekly statements 26th April 2006,20th April 2006,22nd March 2006. Also what looks like internal banking statements headed " A&L CONVSN REG MONEYBAC" showing transactions 04 January 2011 - Hassling for payment as saying paperwork sent 12 January 2011 - As above but saying any payment made will be doubled by them Recent - Mackenzie Hall and J&P solicitors letters demanding payment in full ------------------------------------------------------------------------------------------------------------------------------------------------- Can i have some guidance please in the next step for me, i realise they have took longer than allowed to provide documentation but i have left it longer than 6 months to complain but i just want to set up and agree payments i can afford if they are the right people to pay. Thanks again
  4. my parents ordered a sofa in October 2012, it was delivered on the 11.12.12. on delivery we called and made complaints about the finish etc, on the 19.12.2013 we put this in writing. We have been fobbed off with letters to-ing and throwing until june this year when we put them in court. The sofa is only over a year old and needs to be replaced. We had mediation arranged and I took a day off work, as it was at 11.30 am, when the mediator called she explained, and then when she called them they said they had no interest in mediation. great. I have had someone come to inspect the sofas but the report has not turned up, it came from medway wherethe floods are so I am thinking this is why I cant get hold of them. I have got someone else coming but the document will not be here for the hearing, hence the request to adjourn. When I called they said that they had no interest in dealing with me, which is the attitude I have had from the off. The sofa was brought in branch at a cost of almost £2k, now they are saying my dad as he is of large build is the issue. Well if that was the case : 1) they should have said this when he was there buying it 2) my weight and my 2 kids equates to the same as his, so would we be unsuitable for it 3) Both my parents work full time its sat on for a couple of hours in the evening and then maybe more at the weekend. 4) WE Reported this 7 days (in writing) from delivery and its got worse and worse. laura Ashley keep mentioning COSTS they want to claim for bringing this to court, but costs could have been avoided if they hadn't been so obstructive. I know this is what they want but I am worried about costs, as they are already needing to replace a sofa only a year old. I can not belive the attitude of them, has anyone any advise.
  5. Hi All Just been to court this morning, I am defending a case where a company who performed printing work for me is taking me to court, through fast track - small claims. Sent a letter to the court on 12th January requesting case be adjourned and on 24th received one back stating I need to request an adjournment with evidence why. So I went to court yesterday filled in form and was asked to see the judge this morning. He agreed to adjournment but asked me to place £4000 with the courts until the next hearing, I tried to argue that's not what I requested when paying my £80 adjournment fee but he bellowed at me to leave the room and unless I pay the £4000 by end of week my defence is thrown out - I have never heard of this and I cannot raise this cash. A) Can I get my adjournment fee back as this is not what I asked for. B) What is my best way to move forwards. Thank you as always
  6. We have been granted time to resist anapplication for “Order of sale” from the creditor. Now what is the best option to proceed? Request to dismiss the creditor applicationas I am the joint owner of the property and debt is not on my name but only onmy husband name Applyfor suspension of the order on terms until my kids are over 18 as the house isa family home
  7. 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
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