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Found 288 results

  1. Hi, I had an agreement with MBNA where they would hold all interest, as long as I paid the debt off within 10 years. The amount owing was divided up in 120 months (10 years). However, in the mean time, they have decided to sell the debt, at the same time as our financial situation has changed. The monthly payments are now less. They write to inform me that I am in arrears. The DCA have said the following, is this right does anyone know?? The payment was set by MBNA, based upon, I assume a previous Income and Expenditure form at the point of being 'charged off' which means no further interest is applied to your account but it does mean that this is your 'normal monthly payment'. This can not be amended now as it was sold on this way. It is also less than the 5% normally applied to credit card accounts. And so, we are happy to accept your offer of payment but as it is does not meet your contractual payment the arrears will continue to accrue. We have a legal obligation to reflect accurate data to the Credit Reference Agencies, which also includes arrangements, missed payments and arrears and so your data entry at the credit reference agency will be updated with this information.
  2. I wonder if someone can help me - Ive got a interest only mortgage with GE MONEY which has been in arrears but OK now. Over last few years have had a few payment arrangements with them and as a result they have added lots of £40.00 admin fees. I think these add to over £2500 throughout my hardship. I just wanted to check that was all above board, seems a bit harsh in times of hardship that they actually made more money out of me. Any advice as always is appeciated!
  3. I've just been sending them that template letter that's been floating about along with a letter and 3 payslips from my employer as I'm well below the threshold. I've always deferred so they fortunately haven't got my bank details. I've received a couple of arrears letters including another as one telling me to only sign section 9 of the form. I've just sent them another back which is a mix of the template and saying how can I be in arrears when I'm under the threshold and have proven so. Also I received a phone call today from their call centre on my mobile. I have never given my mobile number to the SLC or them. how did they get my number? I'm not signing their form, I don't earn enough and have proven so. The whole thing stinks and also cheers to the people on these forums and elsewhere who are providing help and info. It's much appreciated in a world that cares more about money than people.
  4. Hi all I had a mortgage with Amber Homeloans for approx. 8 years until 2017 and due to my own poor financial mismanagement, I incurred many fees for arrears, etc. Whilst I accept fault, given the time that has passed, is it still viable to pursue Amber for any excessive fees charged which were greater than the administrative cost to them? I am about to request statements from them in order that I can collate a list of charges, but perhaps it's not worth my while? Thanks.
  5. Please can anyone help with advancing this? I would be really grateful if a Default Notice 'Expert' could kindly offer me any advice. I have a long standing dispute with a Creditor on my DMP – MBNA/Moorgate (sold to IDEM post complaint Oct 2016). Original creditor MBNA on DMP May 2009, sold to Moorgate 2012, Default Notice from Moorgate Dec 2013 but binned by them (even though letter to terminate agreement thereafter also and no other monthly statements received), they didn't record the Default Notice with CRA either, I have (Moorgate) arrears markers from 2013 to current. I have thus far complained to MBNA (& Moorgate) to request a Default Notice to be issued and recorded from the start of my DMP May 2009 (when the arrears started – as comfirmed on all their MBNA statements I have and evidenced to all, as I defaulted on original T&C paying reduced monthly payment under DMP), MBNA refuse to add a Default Notice as ‘relationship continued’ and I entered into a payment arrangement with them’, Moorgate refuse more or less on same grounds and say their previous Default Notice was scrapped as they were contacted re payment continuation, so didn’t record. The Adjudicator at the FOS has come back to me, she says MBNA have ‘foggy’ evidenced that I continued to meet most of my monthly payments with them (??!!), she seems ‘Exacerbated’ of her telephone conversations with Moorgate, and has decided to not uphold my complaint altogether as she doesn’t think either have acted unfairly??? She has said I can ask an Ombudsman to take a look also… .but that they are ‘likely to agree with her’. I am quoting the ICO guidance version 3 2007 to FOS, however the Adjudicator has said ‘More recent ICO guidance states that there are exceptions and a Default Notice shouldn’t be added if a payment agreement has been entered into, such as a DMP.’ I have sent the Adjudicator absolutely everything so I am confused, am I barking up the wrong tree here, I don’t know what else to say to them other than the enormous evidence and several emails that have taken place …..please can anyone offer some advice (it will be on my CRF until 2026 ?) Moorgate have told the adjudicator, if I stop paying now for 3 months, they will re-place their original Default Notice of Dec 2013 as this pertains to the current arrears. Do I upgrade to an Ombudsman and stick with it for MBNA Default May 2009 or / stop paying 'now' IDEM and expect DN Dec 2013 reignition from Moorgate (?!) Thank you so much for reading in advance… Arrears with MBNA May 2009 until sale to Moorgate March 2012 (MBNA told Moorgate the account was up to date - this is totally untrue as was mounting arrears against T&C although of course MBNA don't record these) Plus x 3 seperate missed payments with MBNA Moorgate arrears from September 2012 4 seperate missed payments with Moorgate to date. Moorgate sold to IDEM in December 2016 after my complaint.Save Save
  6. Hi there, Is there anyone out there who can help me? We have a former GMAC mortgage that went over to mortgage Express. We were keeping up with the mortgage until I finally succumbed to my illness and disability. We are currently five months in arrears which works out to be £4250. I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage. We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago. I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed. All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years. I will be able to work part time and an employer is willing to let me do this fitting around all my issues. My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital. overall a loss of income. We have managed to stabilise our position, but need to sort out the mortgage arrears. We were in arrears a few years ago with MX and it was hell. Four of five phone calls a day, refusal to accept a deal, threats of a home visit etc. we changed our phone number, managed to pay off the debt and were debt free for three years. How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action? We had a knock at the door which was out of the blue. It was an advisor and valuer from them. We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us. Despite our telling him to go away, he came back four times, each time was when our neighbours were coming home from work. He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears. our neighbours know our business. Can someone point me towards a letter template our help me out with one to send them as soon as possible? I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession. I know the court might end up giving possession and then stay it, but it is a worry I could do without. I get full DLA, I am as previously stated in a wheelchair. I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital. Please help.
  7. Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
  8. We have had a mortgage with JP MORGAN for some years and current arrears are £1600 on a balance of £165,000. We have been overpaying by £50 pm for some time without any issues apart from the odd pre printed letter from them mainly as they forgot that they had agreed to payments being made on the 1st not the 15th of the month so it appears to their untrained eye that we are further in arrears every month for 2 weeks till the payment is made. No they have transferred us to Rooftop which filled me with a little dread and low and behold within a month they are threatening possession unless the arrears are cleared etc. This we can deal with but it hacks me off when we have been overpaying even slightly for a long time now without the need for this threat and suddenly change of company = change of attitude. The eye watering bit was they also mention something called "Monthly Insurance Charge" of £37 and "Arrears Management fee" £40 on a separate statement going back to 2008 which totals over £4000. Thye have quite conveniently now added that to the arrears figure to make it look a lot worse albeit in a separate paragraph. So can anyone comment please on the charges and if we need to worry, and also anything we can do to calm them down on the arrears front, or are we over a barrel on this ?
  9. Hello Needing some assistance re mortgage arrears and threat of repossession. The mortgage in question is with Halifax (interest only). I should mention that I am trying to help out my aunt who lives abroad. Having decided to move overseas, my aunt left her property under a letting agency. The bank were aware of the property being rented. Due to poor management of the letting agent, monies were not received in a timely manner and eventually mortgage arrears mounted. To cut a log story short, the property is now under a new estate agent and things are steadily getting better. The mortgage arrears are just over £500 and another payment due shortly. By the end of this month its likely the arrears will be close to £1000. I know this is not an overly large amount, but my aunt is not working and not in a position to find this money. Halifax have written and have indicated they will instruct solicitors to begin legal proceedings to repossess the property if any more payments are missed or if contact is not made. I am aware that Halifax have applied late fees etc and other charges but possibly not enough wipe out the current debt. My main concern is to stop the repossession and wanting to know what is the best course of action? I would be grateful for any suggestions. Many thanks MBK.
  10. I have been living in my current flat for approximately 5 years. Firstly with a partner and recently by myself. During this whole time I have had a pre payment meter taking debt every time I top up for a previous tenant. Through my own laziness and stupidity I didn't pursue the issue. I tried to at first but couldn't figure out where to start and about a year or so ago the 'debt' being taken off was a negligible amount (approximately 50p-£1 for every £10 I topped up). However, recently the rate that the debt is added seemed to have escalated to £2-£3 per £10 topped up. I should have pursued this much sooner I realise this, but I would really like them to stop charging me for a debt that has never been mine and to recover some or all of the money that I have paid towards this debt that is not and never has been mine. Is anyone able to advise who I should contact and how I should go about this?
  11. I've been writing to and arranging plans with other creditors for several months. I hadn't had a meter reading for some time and my electricity supplier have just presented me with a large bill. So it seems my regular electricity payment hasn't been enough to cover our usage, so I need to increase that, but also now need to deal with the arrears. Is this now a priority debt? Do I write to other creditors and reduce my payments to them? cheers
  12. Hello, I am hoping to find some direction or legal advice. I split with my ex-husband 7 years ago and divorced 3 years ago on the grounds of his adultery. I moved out of the marital home so that he had somewhere for our young daughter to stay when he had her at weekends. I went and got myself a rental home. The agreement was that he paid my half of the mortgage and I in return didn't ask for any maintenance. I was somewhat shocked this week when the mortgage company wrote to me this week at my new address which they didn't have the details to get in touch with them. I asked my ex if he knew what it was about. As always he said not to bother speaking to them as everything was ok. Curiosity got the better and I called them, I was horrified to learn that the property is in severe arrears and legal action has started to get the property back! when I spoke with my ex he tried to claim that everything was ok and he will pay all the money back. I know that this will not happen as the arrears are far too high and if one payment is missed then the court will enforce the order. I have asked my ex to sell the property but he is dragging his heels and lying to me when he says he's got someone coming out to value the house. What legal route can I go down to force the sale of the house. The property needs to be sold as I know it will be repossessed if not as the payment schedule is huge to clear the arrears. I am a bit lost as to who to speak with, would it be a family solicitor or a property solicitor? Any advice is appreciated.
  13. I have 3 student loans from pre-1995 which have been deferred bar a brief spell shortly after I graduated. Last week I received a phone call from Erudio stating I was in arrears and would I like to make a payment to clear. I queried and said accounts were deferred and I was not aware of any arrears. She told me I should have received a letter and then said it was an system error, then retracted and said I should have received a letter. I was polite but firm and said you shouldn't call people requesting payment with no further information. She said she would put a block on phone calls for a few weeks until I receive the letter. She also mentioned my account would be written off soon but only if arrears were cleared. Today I received 3 Erudio letters with an FCA Arrears information sheet. They state 'you are behind with your payments under the Agreement' but there is no further information re how these arrears arose. Nor is there information about how to repay just a request to contact by telephone, post or e-mail to 'discuss the state of your account with us'. Other that this I only ever receive and return deferment forms (never including the NI information) online and so this is a bolt out of the blue. Is this happeneing to others and is it legitimate and what should I do?
  14. Not sure if this is the correct board to put this, sorry if not. I had a tenancy with a large Housing Association which ended 2 years ago and I left owing over £1K of arrears. The last 2 years I haven't heard anything from them (they knew my contact details so not sure why) and as such I just buried my head in the sand until now. They have passed my arrears to a bailiff company called Regional Collection Services based in Sunderland, who have added £390+VAT in costs to the arrears. I've contacted the Housing Association by email asking to set up a payment plan directly with them to clear the balance but they have said I need to contact RCS to set up a payment plan with them instead. Can they force me to contract with RCS? If I pay payments directly to the Housing Association do they have to accept them? I really don't want to deal with RCS nor do I want to pay them the extra £390+VAT either. RCS have sent me a letter but they haven't turned up on my doorstep yet but I expect they will soon. If I had the money available I would just pay it all off in one go directly to the Housing Association. Thanks for any help or guidance.
  15. Hi All Ok, today I received a letter from the csa for arrears dating back 18 years from 1999-2000 for a sum of £472. My daughter is now 28 years old and earns more money than me. I can't remember details 18 years ago. The only thing I can imagine is I went through a period of unemployment, but as far as I can remember I paid my csa payments. How in hell can it be after 18 years they come chasing after an 18 year old debt that there is no way I can verify, don't think I own anything 18 years old. I could really do with some advice on this, I certainly don't want to be coughing up £472 for a debt I know nothing about. Any info on what I should do would be most welcome.
  16. I asked moneybarn to move my payment from the 1st of the month to the 13th of the month. As a result i was a month in arrears, but paid it off at £20 a week for the last 15 weeks. Now ive just received an arrears letter for £305.35 which is my monthly payment, they are trying to charge me 2 months money for moving my payment 12 days forward. .anyone else had this problem?? advice appreciated.
  17. I have only just discovered this site since having 8 properties taken over by LPA Receivers. I am desparately trying to find out what to do next. I read that I can make an Application to Court to get control of sales. Please is there an expert who can tell me how to word tha application? I am scared of making an awful situation even worse if that is possible!!!
  18. Hi Folks, This is my first post on this site so I apologise if I haven't posted in the right place or if I don't use the correct terminology! I will do my best. Also I a big thank you for all the great advice! I have two issues I'd like some advice on but I will deal with them separately. 1. In January 2013 I received CC papers issued by a solicitor acting on behalf of Nat West Bank claiming I owed a total circa £7000 including legal fees and costs . I had defaulted on a personal loan (£1500 outstanding) and I had become unable to service my overdraft (£5000). After taking advice from National Dept Help line I acknowledged the dept and am now the unhappy owner of a CCJ. The judge ruled that I should repay at a rate of £20 per month based on my income. I am making regular payments. It seems that NW haven't as yet applied for a CO despite the fact they said they we're going to. I was aggrieved at the time of the Judgment because I had been in contact with Nat West as was attempting to reach an agreement with them and had actually offered them slightly more than the Judge agreed. I was waiting for a reply from NW solicitor when the court papers arrived! I had not been advised by NDH to request the CCA or SAR or consider defending part or all of the claim. I am not aware if there were unfair charges applied to both accounts and weather or not those charges have been added to the total owed. Don't even know if there is any PPI! After judgement I receive a letter from NW solicitor stating that I am not within my right to obtain the CCA despite the fact that I never requested it in the first place..most odd! So should I send a SAR request to NW and the Solicitor and should this include a request for all break down of all charges applied to the accounts and the CCA? Will they have to comply with my request or am I waisting my time and should I just continue to pay the CCJ. Not sure where to start with this or if I'm in a position to fight! Thanks.
  19. HI ALL, to cut a long story short ive had problems with the above for ever. I have an arrears repayment order on a suspended warrant which is nearly paid off, howver every year they attempt to enforce the warrant without success. My issue is this, on my letters and quarterly statements I have seen a whole bunch of other charges. 3 years ago i wrote to complain and they removed them incremently. these charges are shown to be part of the arrears however they are threatening again (not that i get worried), please could you tell me exactly what the hell these charges are as im thinking of actually taking this further and calling them out on them on my statement it states Insurance related charges (the buildings insurance is part of the CMI and is stated on the monthly interest rate letters i get) i have no idea what these are Fees and Security related charges ( a name change here as they were listed as other at one point) These fees and charges total 6822.87 and are put on the arrears of which the total is 2757. So makes my arrears look higher than they actually are. Is there anyrthing within FSA MCOBS regarding this and how to deal with it officially? any help greatly appreciated:-) Thank you
  20. The title sums it up in a nutshell. I pay monthly by standing order and have done so since moving into this house a year ago. I have received, over the last few months, two text messages and two letters asserting that my account is in arrears and that if I don't respond I will become liable for the whole years bill etc etc. My account is not in arrears. I have bank statements which show the sums being transferred to the council in question every month. I have emailed the head of revenue and benefits to tell him to check whatever error is causing this on his system and to point out how unacceptable it is to send people threatening letters in error. I attached copies of my bank statement showing the payments by way of proof. I can well imagine there are some people who would be intimidated or caused undue stress by the type of things they've sent. I copied in my councillor, who acknowledged the message. No response yet from the recipient. Today I have received a court summons for 23rd of May on account of my non-payment. Obviously I am not overly concerned, as I know I have paid and can prove I have paid. What I would like to know is how best to act now? I have let the councillor know what has happened and sought further advice from him . I am not against attending the court date if there is anything to be gained by that for me. The outcome I am seeking is an acknowledgment of the errors on the part of the council and a stop being put to the harassment via text message and letter which has now been going on for some months. Does anyone have some advice for how best to proceed?
  21. Hello, I was hoping for an outside opinion of the situation I have got myself into- I've been a customer of Bright house since Early 2015 and have had multiple agreements since then. I currently have 7 agreements, all but two with over 50% paid off, a few only have a couple of weeks to a couple if months left. My weekly payments are £80 per week right now. Some of my items are essential items some non - essential. I have found myself in a bit of financial difficulty of late, behind with rent, c-tax, electric... all of which I have been able to come to an affordable payment arrangement. My problem is with Bright house, I am at the moment 3 weeks in arrears as in order to make arrangements with all of my above debts I had to offer extra to them for the past few weeks, putting Bright house at the bottom of the list, I've asked for a couple of months reduced payments, they said no, and asked if I can just pay a small amount on top on the weekly amount I am paying to which they also said no, in all honestly I cannot afford the £80pw anyway so reduced payment is what I was hoping for. I am not willing to hand the goods back as I have paid so much for them, I know that is not how Bright house works but I've literally paid for these goods three times over, My fault I know, I went in with my eyes open. I still want to pay just at a reduced rate for a period of time, Do you think there is a way I can make this possible, they wont take part payment from me in store and are refusing to give me details to make BACS payments.... It all stared with just the one item, and I said to myself after this is paid I wont get any more, but it seemed so easy at the time each time I have made a new agreement with Brighthouse it has been after going into to store to make an enquiry or make a payment and at that point new products have been upsold to me. Each time I have made the staff aware of changes to my income and expenditure but have always been told ‘it’s best to leave it the way it is so we can add-on’. I have not been asked to provide proof on income since my sign up in 2015. It says on their website "The likelihood of adding further items on to your account are improved by ensuring your account is kept up-to-date. For each further application we will assess your income and expenditure and perform a credit check to determine your level of affordability." But that cannot be true as my credit file has 10 defaults and 2 CCJ's registered against me, my credit is truly appalling and any potential creditor should have some kind of obligation to lending responsibly. When I went in store and advised them of my financial hardship they told me I should take out a payday loan to pay off the arrears - surely this isn't right?! I am not looking for a way to not pay this, I intend to honour my obligations, I just need a little break that's all. I have had their advisers knocking on my door everyday for the past week, luckily they don't have my phone number anymore as I changed it a few months ago. Does any one have any advice about how I should handle this moving forward.
  22. Hello there, I have recently been away from my rented flat as I have been looking after a very ill family member. It was very stupid of me, but I never gave paying my council tax any thought. I have been out of a job for awhile, and have only just started to apply for benefits. When I returned to my property, I was greeted with a lovely notice of enforcement letter from Marstons Holdings, stating I had until the 10th April to pay. Well I did not get back to the property till the 12th. I have tried to contact Marstons directly, having no help whatsoever. I have contacted the council recovery team at Leeds City Council, and they have put my account on hold for 14 days. My question is does this stop the bailiffs from being able to attend my property for 14 days also? If not, has anyone else had dealings with Marstons, and how long did it take for them to attend your property after the due date on the notice of enforcement letter? Thank you for taking the time to read my dilemma. I look forward to reading your responses!
  23. I could really use some advice regarding an ongoing issue with scottish power. the issue is there is now a large amount of arrears on my account (£4K) due to an ongoing complaint.... Numerous times I've entered into an arrangement plan with SP to cover both current usage and arrears repayment. It comes out on one direct debit. A few times I've had to use their online system to change the direct debit date. The issue is, is that when the date has been changed, they still take the arrears 'element' of the direct debit on the old date not the new one causing me to go overdrawn. I then have to contact my bank to indemnify the DD as it's come out on the wrong date and here lays the problem as the moment the DD is idemnified SP then cancel the direct debit, put me on 3 monthly billing and I then have to phone SP to get the DD reinstated and put back on monthly online billing and they they always set it for the following month. Even though they 'reset' the DD on countless occasions over the past few years they keep on taking the 'arrears element' of the DD on the wrong date causing the DD to fail, I indemnify it and thus an endless non-payment loop starts. The issue seems to be a complete breakdown of SP's IT systems..... Despite countless phone calls to SP, they still haven't solved the problem, and they've now sent me an utterly factually incorrect final response saying they're right, I'm wrong and pay up the £4k or face the consequences!....please help!
  24. Hello I hope some one can help. My husband today got letter from the HMRC stating that since he earns over 50k per year we have to pay back all the child benefit payments we have received since 2014. He received form SA252 on 17 August 2013 (following incorrect 2012/2013 Self-Assessment – where didn’t tick the Child Benefit box!) whether receiving Child Benefit – clearly missed this. Since that time there has been no communication and no letters etc have been sent to me his wife either, even though I get the payment. The HMRC states that they sent letters on 15/9/17 and 23/10/17, which we did not receive, they now sent a letter stating they are going to charge us £1500 in penalties as we never replied to the letters we did not receive. Apparently we need to pay back (on top of penalty of £1,517.82 by 6 December); 2014: £2351 2015: £2475 2016: £2549 Any ideas of what to do? Spent an hour on the phone to the HMRC, once they decide you are in the wrong you are in the wrong. Help!
  25. Morning I have just been sent a letter asking for over £2000 in ground rent for my flat payable in 14 days otherwise they will pass it onto their solicitors and add fees and charges. Long story short. Management company changed hands a few times, I asked for an outstanding balance in August 2017. I now have whats outstanding some 6 months later. I have done some research and correct me if I am wrong but according to Section 166 of the Commonhold & Leasehold Reform Act 2002 they must send me a letter in the correct format and allow me between 30 and 60 days to pay the arrears. I have already said that I can pay 2/3rds in a lump sum and the pay the remainder off plus my usual monthly payments which was declined. Am I correct in saying that because they did not request the arrears in the correct way and allow me 30 days to pay the balance that I can inform them of is near the end of 14 days. They are also claiming that they can charge me solicitors fees, which 3 years ago amounted to £1200 for a debt of £1700. This went to the Small Claims Court, the judge awarded costs but they decided to add on another £800 which I do not know what it is for. Dont these cost seem unreasonable. The case never went to court, if all the solicitors cost nearly as much as the debt. i have asked for copy invoices of the solicitors fees and well as documentation but the management company have refused this unless I pay the full outstanding balance.
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