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Found 14 results

  1. Does lending money to a friend create a legal contract..
  2. My friend angel_1 introduced me to this forum and advised i might be able to get some help. Went to court on 25 March 2009 and Judge granted possession to the claimant adding at the end if we come into a lump sum of money or a buyer to purchase the property that would be our saving grace. The eviction date is on 24th April 2009 @ 12.30 and was hand delivered yesterday. Is there a min/max amount of notice that should be given prior to the eviction date by the baliffs as this turnaround seems pretty quick. I am in the process of typing a letter to send to the mortgage company asking for arrears to be added to capital as Norgan Law also incorporating PAP as well. Property has been on market for a couple of weeks so will add this to letter including relevant court law. What do you think? My friend has also mentioned Ell-enn for advice as she is pretty hot with cases as such. I would kindly appreciate some help please. Looking forward to your response. Thanks - survivor 13
  3. Hi, Back in 2009 myself and my husband attempted to take out a joint IVA, however the debt management company made a mistake which ended up with my husband only being issued with the IVA and myself being left with the debt from Tesco - I was unaware of this for some time, believing that the letters I was receiving were in error whilst the IVA went through and I ended up with a CCJ, with the court requesting that I pay £36 per month, this I have done continuously since June 2009. My husbands IVA completed last March, with Tesco having had payments from me all the way through plus payments from my husband via the IVA. I have continued to pay this debt each month. Today I received a letter from Shoosmiths solicitors, informing me that they are now responsible for collecting the payments and as such require me to fill out a Income and Expenditure form to review my payments. Is this correct? I was under the impression that, being as the court had set the payment it was to stay at this amount? Or at the very least have to go through court again to change the payment? The form also request I declare my husbands income. He believes that I do not have to disclose this to them as it is my debt now and not his - is this correct? And if so, do I just split our bills down the middle to show my expenditure ? Many thanks in advance
  4. Hi All Would really appreciate some advice on this. History is that I had a car agreement debt 10 years ago that got passed to Optima. They wanted a CCJ but as I was in financial services at the time I managed to avoid this with some sort of charging order. The paperwork was drawn up in my name only despite the mortgage and property being in joint names of myself and wife and only consisted of a one or two page document, however, their charge does appear on a land reg search. I have been paying a monthly amount for the last 10 years for an original debt of around 10k. Every now and again they request an income/expenditure form with proof of income which I ignore. This time they have said unless I respond within 7 days they reserve the right to issue an order which will require me to attend court to give details of my financial situation. They have indicated that failure to attend such a hearing can result in imprisonment. My question is, can they enforce this and also is the charging order enforceable in my single name only. Many thanks in advance.
  5. Had a good job, career, home, money, etc. Then had a prolonged period of inactivity, debts piled up, not opening letters, spiral of anxiety and stress. blah, blah. Now, for past year or so, been earning, and getting back on feet. Looking to start paying back, and deal with all my debts. Have done as much due diligence as I can, and need some pointers. I have a number of creditors, with debts totalling around 45K. Have been paying token payments of £1 to most, some more. Looking to get StepChange advice and help. But also need some idea of full and final offers to really motor down the debts. So, as a starter, here are some of my most pressing questions: 1: I am having difficulty filling in my Income and Expenditure, as my income fluctuates. (I am working freelance, as am probably too old to be employed by a company.) I am wary of entering payment schedule and failing. Prefer to keep paying token amounts, then offer surplus every 6 months or so. Would creditors go for this? 2: I understand the first step may be to get CCAs from my creditors. Are there any downsides to asking for CCAs? Would creditors sense that I am trying to wriggle out, and go for asking for more, or get heavy-handed? 3: Are CCAs only for debt companies, or even the Originating creditor? (some of my debts have been off-loaded to debt-companies.) 4: What is the purpose of SARs? How does that help me? I understand they might be for finding penalty fees, etc? I know I accrued a lot when I couldn't pay any amounts when I started my downhill slide. 5: When offering Full and Finals, do I go for the biggest first? 6: I have been sold from one debt-company to another on some debts, I dont know what I am paying for on some of the payments!! Can I just phone them up and ask where the original debt comes from? (I have signed up with noddle, and got my list of creditors and credit file, so I have a starting point. I have been reading this forum for a few days, and have built up some knowledge, and seen how helpful this site can be. I would like to ask for some help in taking the first steps for an eventual bright future. PS: would it be ok to list my debts (with some fudging to protect myself) as a starting point?
  6. I have had a charging order on a joint owned property in which I live for several years now i have been paying the court ordered amount of £10 per month without fail. The solicitors (the infamous Restons) keep sending me every six months or so income and expenditure forms to fill in. In the past I have simply sent them a copy of my P60. Am I correct in thinking I am under no obligation to provide them with anything and that only a court can order an increase or decrease in what I am paying them? Or am I being delusional and should provide them with the information they seek? There is the likelihood if it does do back to a court then the monthly amount would be cut as my income is only a very small pension and I only meet my financial obligations with the assistance of my wife. Should this be referred to a court who pays the fees in such a case - if me then it is probably in my best interest to give this information however annoying it might be? All advice and comments welcomed.
  7. I have debts with Robinson Way and with Mint. Robinson Way took over Marbles debt, and offered me the chance to pay off less than the full amount in settlement. I accepted, and they sent me a letter saying I needed to fill in an Income and Expenditure form, and contact them about how to send the money. I had already settled another similar debt with them earlier this year, without the income/expenditure form being needed. That was a lot of hassle as well, with them delaying details until I phoned them to find out how to pay them. I also offered Mint to pay off their debt, at a lesser amount, and they also sent me an Income and Expenditure form, to fill in, saying it was needed for me to pay off the lesser amount. My question is – is this legal? Do they need to have an I/E form to settle a debt? No-one else has ever required one, and I have settled several debts this way, when I can afford to do so. I did ask CAB about this, and they did not know, only suggesting it was to make sure I had enough money coming in that I would not kill myself after paying the money!
  8. Hi, this is my first post on the forum although I've been reading through all the posts and info here for some time! I'm finally taking action to resolve my out of control finances as I now have 7 active payday loans and just can't cope with them anymore I was due to make a rollover payment to Mr Lender today but sent an email a few days ago explaining I was experiencing financial difficulties and was writing to all my creditors to come to a arrangement for a repayment plan. I received a reply today requesting that I complete their detailed income/expenditure form. I've seen various views on this throughout other posts here and would like to ask what I should do here? Complete their form or should I simply tell them figures for my total income/outgoing and my offer of repayment? Thanks for all help and replies!
  9. Any thoughts peeps? Just got it back from Mint today.
  10. When providing a DCA with an I/E form, what sort of stuff is considered reasonable or necessary? As I'm currently on JSA but live with parents so I'm not a main bill payer for the main stuff, but I do pay my parents weekly with what I can afford and I pay for a lot of stuff for myself, food etc and hardly seem to have much left over. The balance of the debt is £250 and I've proposed £1 or £2 a month until my circumstances change but my I/E form seems to suggest I have lots of money left over when it's not the case in reality. And how much of your disposable income do they expect you to pay creditors with? not all of it surely? how about emergencies etc? just don't want to paint the wrong picture to the DCA and them thinking I can afford more than £1 or £2 when i would struggle to do so when it came down to it. Cheers
  11. Do i have to fill out Income and Expenditure forms for all my creditors? The problem i have being self employed is that in filling them out would show that i have no available income to spare, but the truth is i have other un declared income and i actually want to pay these debts off but without the interest charges
  12. Hi I have recently filled in an income and expenditure with a monthly repayment offer on a council tax arrears. Today received a letter stating they are not accepting my offer and to recalculate my i&E. They state that music/dance lessons are not classed as essential (fair enough I can agree with that ) but they also state that childrens school uniform and childrens clothing are not classed as essential expenditure ! I'm sorry but I though clothing my children would be up there with one of the most essentials. Can anyone shed any light on this. Many thanks:|
  13. Hi Folks. Unfortunately to make ends meet I have got myself into a mess with payday loan companies. I have loans with the money shop, wonga, lending stream, paydayuk and payday express. This month I decided enough was enough. I defaulted on the wonga, lending stream and paydayuk loans on the 25th and will default on the payday express loan on the 27th. I am going to repay the money shop loan this month as its a check based loan and I want to get that one out of the way first. I contacted Wonga, LS and pduk before I defaulted by email telling them of my situation. Wonga initially asked for an i/e form before they would do this. Following advice from sillygirl I refused to do this. They have come back to me and asked me to phone them to discuss repayment plan as can't be done over email. LS replied and said a similar thing. I phoned LS because they had been calling my fathers landline and he was becoming a bit annoyed. I have asked them to remove his number, hopefully they will but who knows. I said I wanted to create a repayment plan. They said they wanted i/e and my last wage slip. I refused, he spoke to his supervisor came back and said they needed these documents before they would do anything. pduk have sent me an email asking for i/e. Do I just send a basic email listing i/e or do I just refuse and keep sending them emails. I'm planning to snowball the loans anyway so its not like the repayment plans will drift on for months and months anyway. Any help/advice greatly appreciated and believe me I hate myself enough already for doing this.
  14. I have set up plans with various creditors.all have different procedures. But 2 in particular insist on doing income and expenditure over the phone which is difficult as companies have different forms. My question is do you have to do the income and expenditure over the phone or can i insist i send it in to them
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