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Found 6 results

  1. I had a suspended repossession order from a lender with regards to a secured loan. I have been making the payment plus extra towards the arrears but had some issues in 2011 and 2012 and missed some payments but since 2013 I have had a good job and have progressively been trying to clear out al my debts . I had even increased the amount I had agreed to pay towards the arrears. For some weird reasons I never got any statement from the lender to let me know the balance on my arrears. Around about May this year I got a letter from the lender saying that I had arrears of about £4000, and then a few days later I got another letter from them saying that the arraars was £6000.Very confusing indeed. I called them and asked how much was the arrears, they said £ 4000, this was really confusing as once again it was differing from the £6000 they had written . Because I was not at peace with the confusion of what the arrears balance was ... I offered to pay £500 lump sum and then add an additional £130 towards the arrears from the original agreed £20 They asked me for a budget planner.When I filled it they called and said they would be going to court to evict me.They did not give me any reason, nothing whatsover.Is this correct. I have already paid the lump sum of £500 and started the payment. I got a letter from their solicitors saying they have applied for eviction, the letter did not say how much the arrears was.I called the lawyer to ask what the arrears was..he said to call the lender. I wrote the lender, high lighting the confusing information I was getting on what this arrears was, was it £4000 or £6000, stating the letters i got from them at the same time stating different balances. I now got a letter from them the next day apologizing that they should have sent me the balance statements as per the consumer credit act 1974 rules , which states I should have been sent this statements as soon the arrears was up to or in excess of 2 contractual payment.They had failed to do this as they stated in their letter , and that they would refund any default charges or interest applied to my account during the period. They now sent a statement where they waived upto £11,900. This waiver effectively clears all the supposed arrears and then some towards the balance... in the statement they sent however they applied £10,500.....so am actually planning to chase them for the £1,400 they have not applied . so basically this wipes out the arrears and just leaves about £5000 left as balance on the loan...NOT arrears. Yet I now received this eviction notice. The notice was written on 8th July 2014 by the court but postmark shows 25 july 2014...which means the court had posted it to me 18days late ...which does not give me the much time to react...is this correct?. I feel as if the repossession order and the eviction order should be overturned completely. What do You think and what should I do.
  2. Good evening all Just looking for a little advice. Husbands car was repossessed last October. He had only made 14 payments towards the car and due to personal circumstances could not afford to continue making payments. He hadn't paid 1/3 of the car off so wasn't able to hand it back to them and terminate the agreement. The car was removed from a street away from our home. No paperwork regarding this. They never had the keys, didn't discuss it us, we had the log book etc. We managed to trace the car and were able to remove personal items before it was sold at auction. I am just curious and want to know if MotoNovo would have needed a court order to remove the car or if they were correct in removing it from the street without prior discussion. Many thanks Anne
  3. long protracted divorce; violence and threats - no faith in the court system - long term health issues blah blah blah.... now ex husband sold shares [even though advised he wasnt allowed to]. court order/judgement for him to return the money £3500 via monthly payments. payments originally set at £100pm which was not honoured. back to court to chase for arrears once reached £1000. judge then ordered reduced payment of £40pm for the £1k ; the remaining balance to be discussed once arrears paid ! suffice to say no funds ever received. i havent chased due to ill health and then also our daughter would been stuck in the middle during formative school years. any way 6+ years later.......... would it be too late to go back to Court to try to enforce.? additoinally i was awarded costs [again due to his actions] but legal aid charged my property as they couldnt prove he had any asset. he has remarried and the house remains in his wife's maiden name [purely avoidance for lots of other financial obligations]. i am thinking of selling but the charge will eat up a large sum; any thoughts about getting this transferred to his marital home even though not in his name? to any hard done to ex husbands who think this is me being nasty, trust me its not. i have let a lot of issues slide by as i didnt want my/our daughter to be caught up in it all; to the point that he avoided even the responsibilities as a Father. this is just me considering the options open to me, if any.
  4. A claim is being brought against me by a subsidiary of a large corporate group. The Claimant, a corporate entity with limited liability, ceased doing business 4 years ago, it has no assets and has no bank accounts (it has no capital to put in a bank account and neither does it have any cash flow since it is no longer doing business). The legal action of the Claimant is being funded by the parent of the group and/or another part of the group. My concern is that if judgement is given in my favour and the Court orders that the Claimant pay my legal costs then I will be unable to enforce that order against an insolvent Claimant. Moreover, I would not be able to enforce that costs order against the entity funding the Claimant's litigation since that entity is not a party to the Claim. It is clear that this corporate group is shielding itself behind the veil of corporate limited liability of its defunct subsidiary. Proceedings have been issued, the first CMC has been held and we are awaiting further directions from the Court together with a date for the hearing. So far I have been representing myself, fearful that any legal costs that I incur will not be capable of being recovered against the Claimant. However, I need legal representation but I am mindful that my legal costs may amount to hundreds of thousands of pounds in the High Court and you will understand that I do not want to commit to such costs if I have no prospect of recovering them in future. What action can I take to protect myself? Can the Court order the Claimant to identify the party funding its action and order the Claimant to post money with it to cover a costs order against it should its action fail? If I ask for such an order against the Claimant then is it likely that the Court would order me to make such a deposit with the Court should a costs order be made against me? Please advise me in relation to how I should deal with this situation.
  5. Hi CAG. Over a month ago, I got caught in a supermarket for stupidly using the self-checkouts making some pricing errors. I got stopped by these security guards who took me to the back room. They asked me my address and in the panic of it all, I gave them it. I apologised and apologised but they would not have any of it. They ended up calling the police, who told me to accept a FPN or I would be brought to the station. The police said the FPN would be the end of the matter so of course, I accepted it. I paid up the FPN and was told by the security I was banned from the store. I have stayed away and thought that this would be the end to the matter. However, these past weeks, I have received letters from a firm called DWF who claim to act on behalf of the supermarket. In these letters, they state they are solicitors and have been instructed to my incident. They go on to say: Security costs: £150.00 Amount now due: £150.00 So upon receiving this, I have read through a lot of posts on the forum who have said civil recovery have no real legal standing, especially with the Oxford case. As such, I have since done my best to ignore these letters. However, a court order - or at least what looks like one - showed up in my mail today. The court order demands I pay £150.00 or risk this sum increasing in court. I can't believe this is happening. I was told to accept the FPN at the time and that would be the end of it. I paid this the day after. The goods did not even amount to £10. I really just wanted to forget this ever happened, but they're taking to squeezing everything out of me. I never wanted the police involved, I co-operated with them. It seems so harsh to pay £150.00 more when I've already been banned, shamed with a FPN on top of it all. PLEASE HELP!!! I don't know what to do. £150.00 is so much money :-(
  6. Please could someone advise me please. I owe £10,200 to Barclays. I was made redundant and as a result, could not afford the full repayments on my credit card. Barclays applied for a Court Order and it meant that because of my work background, any Court Order would make it impossible to get a job within my specialist field. My brother paid my arrears, as I had the offer of a job which would have got me back on track. I paid and the bank agreed to drop the application for a Court Order. Two months later, I got a phone call from the job vetting agency telling me there had been a problem in clearance, followed by a letter from the Court telling me that a Court Order had been granted in my absence....the bank had failed to tell their legal department, I was up to date with the payments and went ahead. As a result, I did not pass the vetting for my job and remained unemployed and could not pay the amount required each month. Barclays, admitted their mistake but bulldozed on with a application for a Charging Order on my house. I attended Court, explained everything to the judge and he immediately revoked the Court Order and did not grant a Charging Order. The bank solicitor just kept requesting something like Alliance and Leicester versus someone, a ruling from the past which i think, requires a reasonable amount of time to pay a debt. Mine would take 20 years. However, the judge said he would review the case in 3 months. I attended after 3 months, and another judge, was unhappy with the whole procedure and defered it til another 4 months. The judge said that owing to my job background, i m,ay want to make a voluntary agreement - his words - with the bank. I later wrote to Barclays and they agreed and sent me papers regarding a Tomlin Order. I have read up on this but am confused. Will it ever show up to anybody that wishes to check, that I have an Order against me?. I still believe, the bank want it noted in the land registry that they will have an interest. If this is public, as it is, is it assuming that I have some financial debt and would be associated with some kind of Order. The most important question I have is this Does a judge HAVE TO issue a Court Order under the Alliance and Leicester ruling, if the debt cannot be repaid within a reasonable amount of time? I have been to Court three times now under a review. The judge has been, it seems, sympathetic to how I have been treated by the bank and so far, have no orders against me. BUT.....will there come a time when he HAS TO agree to an Order, seeing as I cannot pay back the amount within 5 years Don't get me wrong. I owe and I will pay. Do I go for the Tomlin Order or bank on a judge not making an order and continue with my 70 pounds per month I have been paying? If I get a Court Order, it is a farewell to a job within my expertise and the financial situation will be horrendous... Thank you all very much.
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