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Found 15 results

  1. They want to Evict me,can you help. Can someone please advise what I can do to stop Elderbridge (company that purchased from Barclays, all Firstplus accounts) evicting me from my house, I have received a letter today from Elderbridge stating that they are instructing their solicitors (Eversheds) to ask the court to set a date for Elderbridge to take possession of my property. What I want to know is if they can do this as the original repossession order was granted to Firstplus who have gone bust (and then taken on by Barclays as they were the bank that set up Firstplus) Last year Barclays sold my outstanding account to Elderbridge, does that mean that they automaticity have the right to use the suspended repossession order to start eviction process? If yes how do I contact the courts to stop this eviction and make payments to this new company Elderbridge. Account Balance £64,809.59 Arrears Balance £64,722.09 how can Firstplus, Barclays have let my arrears get so high and charge me 7.8% intrest, I have asked all of the above to stop charging interest but have all refused.
  2. After two years my wife and I are still dealing with the fall out of having sublet our house to another couple who then used our details to obtain credit. We're slowly dealing with matters and starting to repair our credit we've discovered that a decree was granted in my name in 2013 there has been no charge for payment. Had a brief word with the local Sheriff Court who weren't helpful and said would be best to let it run as it expires after six years. However I'd like to have it recalled; is it possible legally after several years have passed? I have evidence that the house was sublet for a year prior to the Decree being granted in absense and for the year after it was granted therefore we were entirely unaware of its existence.
  3. So I was nightshift last night and woke up this afternoon to a letter from scott and co telling me that a summary warrant has been granted against me for unpaid council tax, thing is I don't have any unpaid council tax. I did have a small amount last year but that was paid off months ago. I called the council in a rage who told me there was no one available to speak to me but that my account was showing as up to date and they couldn't understand how this had happened, i could wait 45 mins (!) on hold or call back later. So I called back later and they have recalled it from the sheriff officers but are refusing to take the 10% court fee off it. The council are claiming there have been two late payments on the account and this is why this has happened, the first in April which I accept as I went on holiday and forgot to pay it before i left (i pay with a swipe card) so the payment was a week late, they claim a second late payment in june which i dispute but cannot prove, they say it was paid on the 4th rather than the 1st, surely even if that is true it falls within the seven days they give you to catch up with a late payment? I dont understand why if this allegedly happened in june am I just hearing about it now? Why didn't I get my second reminder letter from the council? How can a summary warrant be granted against someone whose account is up to date? and is there anything I can do about it? I am not happy about paying the extra 10% at all but at least they have recalled it from Scott and Co so I wont need to deal with them. Is it even worth fighting them on it or should I just pay the 10% extra and forget about it. Also they assure me this will not affect the mortgage I am hoping to get in the next few months, the bank have already told me I can have the mortgage I am just saving the deposit, please tell me they are right?
  4. Hi all, Hoping somebody may be able to shed some light on my question.. I have a judgment against an individual. I have come to realise his name is misspelt on the judgment. Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'. My question really is regarding what court fee I am supposed to pay. Ive read the official fee guide but it doesn't make it very clear regarding this type of application. Any thoughts? Ive already emailed the courts to ask but thought somebody may have the answer on here. Thanks in advance
  5. Good Evening, I have received some great advice here that has led to me successfully suspending a repossession hearing nearly being out of arrears (3 months to go) with my mortgage, council tax arrears and other debts which I am very proud of, however, I need some further help. I had a charging order placed on my property back in 2012 from Anglian water, the original debt was £2095 but has since risen to approx. £5000 I am told. I was contacted in April 2015 by Solicitors acting on behalf of Anglian Water stating that they are going to apply for a order of sale hearing as I was unable or unwilling to pay this debt. Now this is my fault as I haven't heard from anyone regarding this since the charging order was put into place, I had assumed that the charging order would stay on until I sold my property and I know this was a mistake. I have been communicating with the Solicitors since April and have provided my income and expenditure sheet numerous times, provided a breakdown of all monies owed on the property which demonstrates that they property is in negative equity. If the house was sold I think I would cover my first mortgage but the secured loan (5 years to go) a second charging order and this charging order wouldn't be paid. I know this as valuation was done on the property for the suspension of the repossession hearing. I have advised them of this. After many emails since April to the solicitor asking for account number and sort code to start paying my offer at £37 a month until my other court ordered debts are paid they finally provided details and I have made the payment. However, the solicitors say they will not consider my offer until I have completed a form. This forms asks for details such as, - all bank account sort codes and numbers including money amounts it in, (they have no money in them other than for bills, but I don't have an overdraft:smile:) - itemised list of all my possessions within the property (such as sofa, dining table, fridges, mobile phones, fridge etc) - my employment details and contact numbers, - my national insurance number, - the names and dates of birth of my children. I have asked them what they will do with this information and they send a standard response of "our client will not consider your offer until you complete the form, please take legal advice". In fact in the last email the solicitor 'told me off' for sending so many emails, that I shouldn't address her by name and I was using delaying tactics. I promise I am not, I have sent correspondence to them as soon as I received this letter in April. I just wish they would go one way or another. I have currently declined to give them this information, my income and expenditure information was very detailed and the same which I provided to the courts, I have provided a very detailed breakdown of monies owed on the property also and made the first payment now I have the payment details and reference number. The reason I have declined is because at the height of putting my head in the sand, one company I owed money to took money straight from my bank account by order of the court. I am now told that was unusual but it happened and I live on a tight enough budget (which has been working and I am reducing my debts) without this happening. I don't want to miss a payment to anyone. Also I am worried by itemising my possessions this would allow bailiffs to come into my property and my 13 year old is often here alone. I have advised the solicitors of my concerns about providing this information and I haven't received a response other than "your questions are delaying tactics please provide the information requested" My situation is I am a single parent, to two children 13 and 10 (which I have advised the solicitors), both my ex partner and myself are liable for the mortgage but my ex partner is only listed as having a interest in the property due to how it was set up with the right to buy. I think my question is how likely is the company to gain an order for sale, I haven't received any paperwork yet other than emails saying 'my client is continuing the action' although I am expecting this very soon as they set a deadline for this form last Friday. I have worked so hard to reduce my debts especially my mortgage which hopefully proves I now have a good track record for sticking to all my agreements. This is my childrens home and has been for 13 years, their school is nearby and childminder as well as my work and they wouldn't gain anything from selling the property? After a long winded post, any advice as always would be appreciated.
  6. Looking for advice please, a judgement in default has been granted and bailiffs instructed because the claimant has told the court the defendant didn't respond to the claim - however the defendant filled in form N9A and took it, with a witness, to the claimant in person who told them they would not accept an offer and would only take the full amount. The defendant made a part payment on that same visit which has been deducted from the judgement amount, yet the claimant has clearly pretended to the court this visit never happened. It's my understanding that upon the claimant refusing the offer it should have been referred to the court for them to decide the amount to be paid and when , but by lying to the court the claimant has denied them this opportunity and there have been three bailiff visits already which again are incurring charges. I understand a form can be asked for to set aside the warrant - is this the best course of action as I'm not sure it is grounds to have the whole CCJ set aside (if they are indeed two seperate things)? Any advice is appreciated as this seems grossly unfair, the defendant does not have this sum all in one go and offered it across 10 monthly payments.
  7. Hi Looking for some advice please. Cabot purchased our secured loan from welcome finance last year (unknown to us until months later) they had been calling and calling, i presumed re welcome loan whch we are and always have paid weekly without missing, they transferred the dd into marlin cabot. I have received a judgement for claimant today for 664 which includes fees. I have had no paperwork at all through from either cabot or court (or mortimer clarke solicitors) until this judgement. I cannot afford the whole amount nor the £155 appeal fee especially when i am unsure as to what the debt is. Court says it relates to a vanquis credit card which may well be possible as I was in dispute with them over fees but I have no information on it at all as it was years and years ago Having checked my credit file, it was noted as in default in may 2009 but there is nothing before this. Can anyone please advise on the best course of action, we are just pulling ourselves out of the debt cycle and managing to maintain all monthly payments for mortgage etc, just not wanting to ruin all the hard work weve put into getting back on track with a ccj :0( Any help please, we would be most grateful. TIA
  8. Hi Folks, (Sorry this is a bit long!) I have trawled through several of the Forum posts relating to Possession Orders on here and on other sites but our case seems to be different (The story of my life!) Our INTEREST ONLY Mortgage with GE Money expired in Jan 2012 with a balance outstanding of approx £62k which we were unable to pay. We have since made interest payments of over £15.5k at a rate of 8.44% which hasn't changed since 2009 although we are meant to be on a variable rate. There are no arrears and we have OVERPAID approx. £740-00 to date. We made a written offer to GEM to repay the outstanding balance over 5 years at their Base Rate of 4% but this was declined. We had a remortgage offer last year but this fell through as there are other charges on the property and we ran out of time to sort them out. We went to court in September armed with 11 pages of defence as GEM's solicitors had got most of the details wrong but the judge ignored this and said he had no option other than to issue a possession order as we were in default (Expiry Jan 2012). We have until Nov 25th and have been looking at all the options. These are: 1 Cash Sale (Approx 84% of value) 2 Auction Sale (Estimated 88% of value) 3 Remortgage at 2.5% over 11 years to cover outstanding Mortgage and Charges. (We are currently in a joint mortgage but would have to transfer ownership to my partner due to my age!) 4 Bridging Loan over 1 year whilst we sort out the charges with a view to putting the property up for sale. Everybody and his dog keeps telling me we haven't got much time! Been to CAB, 2 solicitors (£75 costs), about 20 websites, zillions of e-mails, etc! (Not much help really, especially the cAB and solicitors who seemed to tell me what I'd already told them!) The judge said we would have to have tangible evidence of either a sale or a remortgage going through - not sure if an offer document would be enough. By the way GEM's solicitors (Eversheds) sent us a wad of documents dated a week before the hearing but we received them at 10am the day of the hearing - which nearly made us late! GEM have since written to confirm they have a 'Absolute Possession Order' which becomes enforceable on 25th Nov 2014 and stating: "We are still, however, prepared to provide you with a further opportunity to repay the balance of your loan within a reasonable period of time". I phoned them and was advised to put in a better proposal, shorter than the 5 years that I had previously offered. (I have been advised that GEM send these letters out automatically just to comply with regulations) My questions are: 1 Can I appeal on the grounds that GEM's solicitors had most of the facts wrong in their application? 2 As the judge said we are in breach of our agreement should we have continued paying interest or can this be claimed as capital? 3 GEM took over our account from FN Finance/Abbey National - is this legit as other sites suggest an agreement isn't legal unless both parties have signed it (Or is that just in the USA)? 4 I have sent letters/e-mails/phone calls to the 5 parties with outstanding charges against our property, with a view to them accepting reduced settlements but have only received 1 reply to date! Would GEM or the court be liable to grant further time whilst these are sorted? 5 Does anyone know of a solicitor that can be relied upon to carry out the work in a short time? I think that covers about everything for now - I'll just add that I'm reluctant to pay out fees up front with no guarantees as most of our money is still going to GEM to repay interest.
  9. I went to court on Tuesday. My Mortgage lender was granted the possession order on 1 st charge of property but they have me back in court 7 days after the 28 days of the 1st Possession order granted on the 2nd charge on the property The mortgage is part of the same lending company as the secured loans. I wondered if anyone has come up against this. I did ask the mortgage advisor of the court to request for 56 days in court but the judge just granted 28 days. I don't know where this sits if I'm still in the property after the 28 days and they go for an eviction date 7 days after the 28 as I'll be at court on that date. I've sent my defence for the 2nd charges requesting 56 days for possession as I'm now finding somewhere else to live with 4 children in the property .I'm on low income so it would give me more time for a deposit if I rent privately. I've been in touch with My Local Council but it doesn't sound very good to be rehoused. Any advice most welcome.
  10. I have recently had a Set-Aside Application granted. I now need to remove the CCJ from my credit file. I have been advised to either obtain a certificate of cancellation from the court to send to Equifax, Experian and Call Credit or Send the Order to Set-Aside the Judgment the aforementioned credit reference agencies, is this correct? Are these the only three agencies? It seems all to easy for a creditor to be granted a Default Judgment and subsequent CCJ and when it transpires that the incorrect address and amounts are used and the Judgment is Set-Asided, it seems impossible or extremely hard work to have the CCJ removed and your credit file, in essence indemnified. Is there a way to return the credit file to its former glory of 999 as simply as it was obtained?
  11. Hi, I am sorry if this is in the wrong place. Last year I enlisted the services of a employement lawyer to assist with an unfair dismissal claim - in the end I decided not to pursue it and dropped it prior to it going to court. It was agreed with him that I would pay £200 no win no fee. I asked to pay in installments at the time they agreed to this and then I asked them to send me a final bill. It didnt get paid. I received 1 letter from Oct - Feb 13 regarding this. Completely my fault. I then received a summons for a small claims court for the sum of £240 on the 27th Feb giving me until 5th April to return forms to court with date of 19th April. I paid the £240 on the 2nd April and sent them a letter confirming this in the letter I asked them to inform me if there were any problems - nothing received. Today I have came home to a letter saying I know owe them £180.23 and it came with an extract for payment from the sheriff court done in my absence. I am completely at a loss as to why this has happened. There are claiming £180.23 is expenses but why didnt they advise me of this at the time. The summons clearly states £240.00 Looking at it now it says £240 inc VAT but he clearly said £200 to me at the time. It also says £240 with interest of 8% per annum. However I took this to mean £200 + £40 interest and duely paid it. They didnt even provide me with a receipt despite me asking for it. Have I done this wrong?! Can I appeal this? If I can does this cost money and am I wasting my time? If I am better paying the expenses charge can I ask to do so in installments? The letter said it is due immediately and failing this they will take steps to enforce the decree without further warning. What does this mean? Thanks for any help - I am really upset about it in case I have made a mistake. DRKangel
  12. Just before Xmas I received a parking charge notice from a private car parking company accusing me of overstaying at a car park in Leeds. They waited around 6 weeks before sending me the penalty notice letter obviously in the hope that I had thrown the ticket away in the meantime. Fortunately I still had the ticket ( useful tip 1-- don't clean out the car too often) and I sent them a photocopy of it. Appeal granted no further action. It would appear that they carried out quite a bit of letter writing at this particular car park during Nov/Dec. It occurred to me that the best way to deal with these companies is to send them a letter of appeal but stating that if the appeal fails could they send you a verification code as you will be appealing their decision to POPLA. This appeal will cost them around £30 and is binding on the car park company but not on you. That is then the time to ignore them, when you've cost them a bit more money.
  13. I used my grans freedom pass and got caught. I have phoned/emailed tirelessly to try and settle out of court but they are not backing down. I offered to pay triple the fine but its seems they just want to prosecute me. I don't care the fine I just can handle that I will get a criminal record as this is my first ever incident with the law and I am a student When is your trial date? have you settled out of court?
  14. Put simply. I defended a summons on the basis that I felt the companies case was wrong in many respects, but I was paying off the amount owed anyway because there was no dispute that I owed the money. They didn't challenge my defence and the action was automatically stayed. Two thirds of the account is now settled but they say I missed a payment (I didn't, they are cretins) and they sent me a letter saying that they would apply for the stay to be lifted and for judgement to be entered against me for the remaining balance without further notice to me. I'm not bothered about their threats as such because I have made the payment, but CAN they get the stay lifted and enforce judgement when my defence is still valid? I'd just like to hit them with both barrels and tell them to **** off and let their clients know how useless they are to be honest.
  15. Afternoon all After becoming ill just over five years ago i had never previously had the need to claim benefits however went through the process then including dal as i was advised to do so at the time by the dwp. I will not bore you with the details of my illnesses and afflictions however in the interim period and up to the present time was awarded incapacity and a host of other benefits such as child tax credits housing and council tax benefits. I was initially refused incapacity however won this back 6 months later after appeal. in addition my initial dal appeal was also refused and despite numerous appeals this was still not awarded until today!!! I had dealing with my case a worker from the local welfare rights service who has persisted with my case as he as well as his superiors were adamant that i should have been awarded benefit. The tribunals service are an absolute shambles in my experience and we have had over the time issues with them losing paperwork, totally disrespectful and downright ignorant appeal panels and that has just been the good side. Most people on appeal panels are jumped up two bit magistrate types who have no real understanding of the real world and are only in it for the self importance or their percieved self importance of the role. Anyway today the welfare rights worker went to the appeal on his own as i was too ill to attend today and he has just informed me that i have been awarded benefit finally. This should mean a substantial back payment which hopefully they will not decide to appeal and its happier days. A five figure sum dropping into my account in the near future is much needed and appreciated My advice to anyone is persist and persist with your appeal and do not give up if you believe you should be awarded what is rightfully yours. I must stress also that i would have rather have had my health back than any of this hassle over the last five years but it will go someway towards making true bad times better In all of this bear in mind that the tribunals service are not in anyway independent as they claim after all they are funded by the government and i have tried to campaign to have this so called independent tag removed from their literature as it is just a joke to claim that they are not independent certainly in respect of dwp appeals Good luck with your own appeals against this dreadful goverment As a footnote to all of this i am not usually superstitous however this morning i did find a shinny penny picked it up and remembered that sometimes when you do that all day you will have good luck!!!. Im off to purchase an online lottery ticket!
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