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Found 28 results

  1. Can anyone help me with a letter template for a deed of postponement. At the moment I’m thinking of remortgaging to a better deal. mortgage advisor advised that I would need to write to the people named on the deeds to see if they would agree to this. The main problem is that the company 3rd on the list is welcome finance who have sold the debt to a company via a deed of assignment called prime credit who are now 4th on the list. Any debt owed is made up of penatly charges and part of a long running dispute with both owners. That resulted in a possession hearing last year which I won. But the arguement now on this debt is that it should be a lot lower than what they are claiming. At worse I will have to add this 18k debt into the remortgage. But ideally would rather only remortgage for 67K not including this debt as it’s set at 0%. In amongst arguing what is owed I want to get a letter off to Lloyds first to see if they agree. Then welcome. Last on the list will be prime as there’s many unresolved issues with their debt. Like the actual balance when historical fees and charges are removed the debt will be no where near 18k. I doubt prime will agree to the deed of postponement. But i need to start somewhere. And if the6 do take me back to court I have all my eggs in One basket sort of speak If anyone can’t point me in the right direction to this type of letter it would be amazing. thank you PDF Photos 29-11-2016.pdf
  2. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult.
  3. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult. please answer here: https://www.consumeractiongroup.co.uk/forum/showthread.php?489232-Multiple-signatures-on-tenancy-deed-of-transfer-can-they-be-on-different-documents-and-by-email
  4. I thought I'd better start a new thread in regards to this as it may help others find info on the same thing. I asked Cabot finance for a copy CCA and a true copy of the Deed of Assigment. They got back to me saying that they have requested the CCA and it could take up to 40 days which I know is not allowed so sent them another letter in regards to this but my question is that in response to my request for a true copy of the Deed of Assignment they said that "This document is confidential between the original lender and us and as such, is not available for disclosure. However, the Notice of Assignment was originally sent to your postal address on 18th Oct 2011, which is sufficient evidence to justify our ownership of this account." Now I file everything and have no copy of this notice and also need to know if they are legally obliged to send me the original Deed of Assignment? Please can anyone help? Thx
  5. What would happen if I claimed back my ppi on credit cards and loans when they where put into my trust deed. My trust deed has b een discharged. Will my creditors have any claim on my claims:?:
  6. I entered into a Trust Deed in 2009 through a company in Edinburgh that I finished paying 3 years ago, but have still not been released because of PPI claims. I recently received a letter from them stating that they are now (finally) about to enter the process for closure of the case. Attached to the letter is a statement of the PPI claims received and so far this amounts to just over £4,000, but there is also a note stating that they have received £1,810 from BoS (quote) "but does not match any of the accounts above" (end quote) Does this mean they are still legally entitled to keep that money or can I claim it as it is not connected to any of the accounts under the Trust Deed?
  7. Hi there folks, I would like to ask a question about an overdraft situation. I used to run a small business about 8 years ago now I was a sole trader not a Ltd Company. I had my personal and business account with RBS. When things were going good money was being thrown at me by the bank. I needed a newer car at the time and I telephoned my business manager to see if I could borrow £7000 to purchase the car. He told me that he would give me it as an overdraft for now and to come into the bank and he would issue me with a bankers draft for the car dealers. I went into the bank to collect the draft which was duly ready for me, my business manager told me that to prevent heavy charges he would convert the £7000 into a loan for me, however that never happened Unfortunately due to illness my business had to be closed and I was left with this overdraft to pay back. The bank of course who were so willing to help in the good times were being pure sods when it came to helping me during the bad. I never signed for any overdraft and as I say the loan never materialised. I got so hacked off at them I agreed to pay a meagre sum of £11.00 per month and have been paying this over the last few years. They of course they continually moan about it and try to get me to pay more. I am not paying any interest as this has stopped. Can anyone tell me where I stand with regards to this overdraft or do I have to bite the bullet and continue to pay. Thanks
  8. apologies if this has been covered in other threads, I changed my name through solicitors, around 1991, with moving around alot, the deed poll has been lost, I now need this document to obtain some old qualifications that were lost too, (old qualifications in old name) I did some digging aorund, http://freedeedpoll.org.uk/ found above site, which is great. Many people saying dont need to spend large bucks getting it replaced, my question is, can you back date the replacement document ? (I could use the freedeedpoll site and just set the dates for the year when orginal doc was created) on another site, I noted that they said you had to prepare a Statutory declaration , because the original has been lost all advice appreciated thanks
  9. Hi All, I have just received a Claim form from Lowell Portfolio I Ltd. via Northampton CC, it was issued on 01 Aug 14 but I only received it at the end of last week. After having a discussion with a friend who is quite clued up on these things he mentioned requesting the Deed of Assignment as apparently the debt is not allowed to be sold without me being informed and if they don't have this information then nothing can be done regarding the debt, he also went into explaining about the OPPT and it being dissolved therefore we are all debt free anyway!! What I am enquiring about on here is the best way to word the deed of assignment information request on the Court website when I dispute it?? Any help would be greatly appreciated. Lisa x
  10. Hi All Slightly complex situation but here it is, any advice appriciated. Overview We have a mortgage with NRAM and a secured loan with Picture>Webb>IDEM. We cannot make payments and are in default. NRAM looking to put us on a voluntary repossession scheme which are happy with. IDEM have had us is court. Today was the third hearing and they didn't show as they cannot find the correct Deed of Entitlement information, witness statement and paperwork. They asked for Adjornment via letter (not sent to us only the court) but the Judge struck out the claim as they had said they would based on second hearing and paperwork etc beign wrong. What kind of solicitor can best give advice on this? (I.e Conveyencing, housing etc?) Given they cannot prove Deed of Entitlement can we challenge their charge at the land registry and have it removed? Again, your advice is most appreciated!
  11. Hello all, anyone know about second charge and Deed of entitlement? Interesting Case with IDEM Capital, advice required please Hi All Slightly complex situation but here it is, any advice appriciated. Overview We have a mortgage with NRAM and a secured loan with Picture>Webb>IDEM. We cannot make payments and are in default. NRAM looking to put us on a voluntary repossession scheme which are happy with. IDEM have had us is court. Today was the third hearing and they didn't show as they cannot find the correct Deed of Entitlement information, witness statement and paperwork. They asked for Adjornment via letter (not sent to us only the court) but the Judge struck out the claim as they had said they would based on second hearing and paperwork etc beign wrong. What kind of solicitor can best give advice on this? (I.e Conveyencing, housing etc?) Given they cannot prove Deed of Entitlement can we challenge their charge at the land registry and have it removed? Again, your advice is most appreciated!
  12. I dont know if any experts on here can help with this one, it is a bit complex! Is is correct that creditors are not entitled to charge interest on a secured debt after bankruptcy occurs? What legislation allows secured creditors to just sit on their security...? because essentially all debts, whether they are secured or not are in fact included in BR. Anyone with any legislation would be gratefully received.....
  13. Hi folks, just joined and looking for advice. In January 2012 I entered into a 3 year trust deed. After about a year I sustained a serious head injury and was left with brain damage which meant I could no longer work or afford the £200/month payments. I contacted the company and they seemed very helpfull and agreed that while I was on benefits I would no longer need to make the payments. Last summer I was contacted by them and they asked if I could have a letter from a medical professional dealing with my case to confirm my injury was long term with a view to closing my trust deed early. which I arranged. I called them at the end of January to inquire about what was happening and I was told that the creditors were being informed and the deed was moving to closure. 2 weeks ago I was contacted by a member of the company who seemed quite angry and told me I had to pay all the £200 installments. I told him about my previous correspondence with his company and haven't heard from him since. I am however concerned that I am still not in receipt of my letter of discharge. Any advice would be greatly appreciated.
  14. Hello This is my 1st post to the forum and need some advice. Cabot Financial have taken over 2 of my credit card accounts from Co-Op. Both accounts were defaulted but I have been in a payment agreement with the Co-Op for over 2 years. I have requested full details of credit agreements and a copy of the 'Deed of Assignment' but Cabot is refusing to provide this saying and I quote... " These documents are confidential between the original lender and us and as such, is not available for disclosure" Could someone please advise on my next steps for me to obtain the deeds of assignment. Many thanks
  15. ok my situation is a strange one. i entered a trust deed (IVA) 2 years ago but i lost my job this year and all they said was as long as i make a token payment i will be fine. i have been offered a job in canada and seriously thinking about taking it, i need to be there before dec 31st. this month is the first month i have not been able to pay my mortgage as I'm not working also i doubt ill be able to make my payment to trust deed. my question is whats my best option here goto canada and forget about my debt send the keys to mortgage company. can i go bankrupt from canada, explain situation to trustee. I've been reading on here and i see a lot of situations but i don't see any like mine so just hoping for any advice. I'm from scotland so i believe its a different process than england. all advice welcome
  16. Hi all. I am new here but I have had a couple of things on my mind regarding my trust deed. I am desperate to get a mortgage so my family can move. Back in 2008 I got into serious money problems so decided to get a trust deed. This comes off my file in January 2015. My score with check my file is 404 currently which is one star. It does not seem to go up however. I have 3 credit cards to improve my score (had one 3 years now and paid off in full every month) another one 2 and a half years (paid off in full - balance started at 250 but now has been put to 2200 due to excellent repayment) and the last account I have held a year. I also took out a 1 year loan with a high street bank to help my file (1 month left to pay) My credit account states all accounts that are open are excellent (closed ones are all settled however are due to report until Sept / Aug next year? My question is what else can I do to help my score? I have made sure everything has been paid off in full now for the last 5 years. I have a good deposit saved as well. Lastly I have applied and been declined for a mortgage. Thanks in advance.
  17. 2005 Loan made to purchase a leased flat and the loan was secured by a first mortgage on the property (the principal charge). In 2006 the loan was sold or transferred including all of its interests to another company who then recorded their interest by way a charge using the original mortgage deed which was created in 2005. A few months later with out any knowledge being given to us the borrowers, the so called loan in equity only part was sold and put in a pool of mortgages then sold to investors using the Irish stock exchange. We now jump to 2013 when after repeated written requests of why do I have to now include an unknown party on my buildings insurance and who are the unknown party, I am informed that the party concerned in fact own our loan and have done so since 2006. (Nice to know! Thank you Arseden for informing us 7 years after the event ) A few weeks later I receive a written request to make all my future monthly mortgage payments the Euro shipping company instead(joke). I can,t and nor can any one else just sit back and let this happen any longer, I have had enough and wont stand for it any more. I have decided stand up to them. Do you realize what we all have done, We have put our homes at serious risk and been subject to a big time con, the banksters have without our permission mortgaged our property or home to someone else who is then trading it on the Irish stock exchange. In other words they have mortgaged your mortgage ,so what stops them from mortgaging the mortgage of the mortgage and so on! This is down right abuse! Sorry if there are any spelling mistakes I am dyslexic, help is need if I am to fight them using the law any way I can. Have lots of documents which may help other people who feel the same way as I do don’t mind sharing them and would look forward to hearing from any one in the same boat.
  18. Hello, I have recently changed my name via Deed Poll. I want to tackle my debts atm. I notified my bank so they will most likely amend my data with all the CRA. Do I need to notify any of my creditors/dcas? And how to be sending CCA/SAR requests as from now? Just print my new name or add in the text previous name?
  19. Hello. First post, hope this is the right section. Our landlord wants to sell the property and since we don't have a break clause (we moved in 3 months ago for a 2-year lease), we as tenants agreed on breaking the contract under the conditions: 3 months of free rent and moving out in Apr. Now the next step is to sign the deed of surrender and, since I'm new to this kind of paperwork, I'm seeking for an opinion on the clauses in the agreement. DEED OF SURRENDER Agreement 1. The Tenant hereby surrenders to the Landlord the Tenancy Agreement and the property on XXX 2013 and the Landlord hereby accepts such surrender. 2. It is hereby agreed that the Tenant shall not be liable for any payment of rent for the period from XXX 2014 onwards. 3. It is further agreed that the Landlord shall return the deposit paid on the grant of the Tenancy Agreement in the sum of £X,XXX in line with clauses 17 and 19.2 of the agreement 4. The Tenant agrees to cover the checkout inspection in line with clause 14.1 of the Tenancy Agreement. 5. The tenant agrees to cover the cost of professional cleaning at the end of the tenancy in line with clause 4.4 of the Tenancy Agreement. 6. In consideration of the Landlord accepting the surrender of the Tenancy Agreement and the Property, the Tenant hereby releases the Landlord from all future claims, demands, liability and obligations in respect of the obligations in the Tenancy Agreement to be complied with by the Landlord. 7. In consideration of the Tenant surrendering the Tenancy Agreement and the Property the Landlord hereby releases the Tenant from all future claims, demands and obligations in respect of the obligations in the Lease to be complied with by the Tenant. 8. With the Tenant agreeing to surrender the tenancy due to the Landlord wanting to place the property on the market for sale it is agreed the Tenant will provide access with reasonable notice and during working hours 7 days a week between 8am and 8pm to allow the appointed sales agent to conclude a sale of the property. 9. The Tenant is aware and agreeable that the Landlord will not be addressing any cosmetic maintenance works and will only undertake any urgent works that affect the property being habitable for the Tenant ,i.e. heating, electrics and plumbing. ----- Does this look like a reasonable deed of surrender? I'm slightly concerned with - clause 8: seven days of week of flat viewings seems excessive maybe? And does this mean that they're allowed to come in even if we're not home? - clause 3: since we're doing the landlord a huge favour by allowing him to sell it, wouldn't it be reasonable to expect a full refund of the deposit? Well, thanks for any help or opinion on this
  20. New to this and not sure if im in the right place but needed some advice on Trust Deeds. I am starting an application with a company.. does it matter what company or do they all pretty much do the same? They say if my houseis in negative equity I will stillhave to pay £500 as they take into account that I might get some equity over the course of the Trust Deed. Is this the same amount with every company? Thanks
  21. Hi, I seen a TV advert for an organisation named Trust Deed Scotland Ltd and a service they are advertising called the Trust Deed Wizard. Can anyone tell me whether or not this as a con as I've read mixed reviews online and I'm swaying to the opinion that it probably is a con but if I use it and put in fake details, do you know how accurate it is likely to be? I have also been advised to consider a debt charity called Stepchange but I dont know if they have the experience of the Trust Deed Wizard people - but don't want to rule anything out. If there is a different company, perhaps I could look at several options to clear my debts (£43,200) and salary £24,500?
  22. Hi All My daughter has made a video for the McFly battle of the fans competition which closes on the 8th January (no pressure)….….. You don’t even have to watch the video and there’s no ad’s or spam so PC safe……..She Just need’s as many votes as possible to try and win a chance to meet the band. Pretty please could you possibly click the “like” link on this video (facebook required) http://supercity.mcfly.com/battleofthefans/view/503 Feel free to promote via any possible means (Partners, Son’s, Daughter’s, Family, Friends and then their Friends, Face book, You Tube, Linked In, Twitter) the possibilities are endless and constrained by imagination…… but by no means harass…. Huge thanks Jdmave
  23. PLEASE HELP ME , i had a ccj against me in 2006 for £17.5k and with interest plus court costs it came to about £21k i was told to pay £40 per month but then i got made redundant i could not keep up payments i panicked and did a runner {I know i could go to prison} - no you cant!! i got a letter from HL Solicitors acting on behalf of Lloyds TSB who said fill in attachment of earnings order and make an offer of repayment or they will enforce the suspended attachment of earnings which was £40. My question is can i go back to the district Judge and ask him to lower it again or even write the debt off as i only work part time doing 2 shifts a week, £40PCM does not even cover the interest on this the debt is growing by at least £100 and i cannot physically do anything about it, Please advise me what to do my fellow caggers.
  24. Hi First post and looking for some advice. I have recently completed a Scottish Trust Deed and have my discharge letter. My brother has come into some money and says he wants to give me a share but would not do so if it meant that I would have to give it to the debt management company to go towards the TD. Anyone know where I would stand on this.
  25. Hi there, I recently ordered serveral items of exercise equipment online from Sports HQ to help combat my ever developing couch potato physique. After 8 days, 5 days after the expected delivery date, I give SHQ a call as my order has yet to arrive. They inform me that according to there records the items have been delivered. I confirm there has not been a delivery and I have not signed anything to which they reply, "the driver left them on the porch". As I don't have a porch, we eventually came to the aggreement they had been sent to the wrong address and they were going to question the driver. After 2 days and still no answer I call again. Still no update so they decide it best to send the same stock again, which i am more than happy with. Problem sorted. However, 3 weeks later I get a buzz at the door from a nearby neighbour who informs me they have just got back from overseas and have found my initial parcels in there hallway. Turns out they got delivered to that address and the other people living at that address never noticed. Now this is the bit i'm angry at. I call SHQ today and advise them that the initial parcels have turned up and would they like to collect them. Straight away they tell me it's my responsibility to have them picked up or I would have to pay for these items as well. Hang on I say, you delivered them to the wrong address and now i'm resonsible for them. They confirm this is the case and it starts getting a little heated. I said that I work 9am-6pm monday to friday so can they pick it up on the weekend. No, they say, basically it can only be a working day and the pickup would be anytime between 9-5:30 which means I would have to take a day off work to send there goods back. I can't take the items to work because the items are weights, it took all my effort just to get them up the stairs. If I had not called them they would be none the wiser. Now, I seem to be getting punished for doing the right thing. Does anyone have any advise for me? Can they charge me for these items using my initial credit card details? They should be making the effort to collect them. Any feedback would be much appreciated
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