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  1. My partner has been informed he will receive an eviction notice soon not sure when but to get you to grips with stuff we went to court in November 2018 and got a suspended possession order for 350 a month that's 284 for the mortgage contract and 66 for the extra towards arrears which total to 1455 unfortunately due to errors with the bank and me having to go on maternity leave to due having our second son 3 months ago I've been on less income I've paid what I've been able to £100 last month and £200 on the 2nd may and I'm going to be paying £300 today as I cant pay the full arrears of to stop eviction I have a 4yrs old and a 3 month old that are settled in the home do you think the judge will suspend again please as I'm back at work I've been working for McDonalds now for 5years and have a secure job and work full time my total earnings are more than my outgoings spoke to Halifax on Thursday to make an arrangement and they said the couldn't because it had already gone back to the solicitor I did and income and expenditure and they even said I have a access of a couple of hundred pounds even giving Halifax the current 350 I pay payments will not be missed in the future as I'm now back earning just didnt want to lose my home with my 2 children I'm also gonna offer £400 a month if it goes to court to pay the arrears quicker what do you think are chance is I have been reading post about evictions on the forums and have a rough idea what may happen just wanted some advice Halifax have said they cant Come to and arrangement before it goes to court as it may affect the judges decision surely coming to an arrangemt now will stop all the extra court cost we just think they're trying to get us out and fixing it up I've always kept them up to date with info since I even phoned them earlier than arranged before to sort out this they still took it to the solicitors again just didnt want to lose my home which I work so hard for to keep a foot over my children's heads would be great if you could get back to me I've been on maternity leave as I've had a baby who is 3 month old the arrears total £1455 we have paid them £100 pound in April and £200 In may im looking to pay a further £300 pound today when I've finished work due to being on maternity leave my income as been substantially lower im now back at work full time I have tried to stay in contact with Halifax to sort out arrangements but couldnt due to my income being lower than my outgoings i've phoned them up Tuesday just gone and gave them my income and expenditure update they said I would be able to pay my contractual mortgage of £284.15 plus a few hundred extra I offered to make and arrangement on the phone they put me through to the eviction team they took it back to solicitors the day before said we have to wait for an eviction notice to come through as if they make an arrangement now it will impose the judges decision surely to God they could stop the hassle but oh well I suppose they have to go through procedures but that didnt stop me from worry though I'm looking to get the arrears down to £1000 before it goes to court I've also changed banks too has I've had problems with my bank with payments not being processed and what not like I said I'm now back at work full time so going to have a regular income coming in in have 2 children aged 4 and 3 months I'm just panicking as dont want to lose hour family home as my 4 yr old starts school in September and he is settled at home and so is my 3month old do you think the judge will suspend again I've been informed we have received letter from the solicitor not sure which one yet it says we must pay 1455 in 7 days or they will go for repossession do u think if I rang the solicitor they will stop repo if I offer them 300 today and 400 each month
  2. Ive just got the eviction date. Its 31 may Im worried now! What should i do? I know i need to get the N244 in but is there any way i can get it suspended? Cn i say the account is in dispute as i think most if not all of the arrears are charges etc? Their solicitors have said that they will take £1600 to stop the action but where the hell will i get that kind of money?!! I can pay cmp plus £75 extra. Total is around £415pm The problem is that ive had a suspended possession order with the mortgage since june 2011 which has slipped, due to a lot of serious family illness. Including me being diagnosed with a serious life long illness which has a big impact on concentration and short term memory and also severe pain and fatigue. Ive got two kids in the house aged 4 and 6 Can anybody tell me what is should do? Im going to try and pay off as much as i can before the court date but apart from that and the N244 i dont know what else i can do..... Ive missed several payments but the payments i have maade have always been the cmp and extra off the arrears Hi. Ive had a suspended repossession order on the house since june 2011. I fell into arrears as i took on my 2 grandchildren and had to leave work. that was in 2008. Before that i wasnt in arrears. Since the suspended repo order i have fallen into arrears again. Ive missed several payments although the payments i made were in line with the judges decision and i was paying the cmp of £271 plus £50 towards the arrears. Last month my mortgage payments rose to £323 plus £50 towards the arrears which i can pay. Today i received the eviction date of may 31st. I would like to come to an arrangement with them but need to know how likely it is that i can stop this eviction? Halifax say that the arrears are £6051 but i know that most of this is charges and solicitors fees etc. I am in the process of claiming back the PPI on the mortgage and also the arrears but this is not going to help right now. I need to find £1600 to stop the action but i dont know how much of that is charges etc as that is all they would say on the phone. Can i say that the account is in dispute because of the PPIand excessive charges? I know i need to fill in an N244 but is there anything else i can do? I had a problem with the repayments before but i can pay now. Im also going to try to make as many payments as i can in the meantime. I also have a problem with Ocean Money and they are doing the same thing although i dont have a solicitors letter just yet so i need to get that sorted too. I did have an idea but i dont think its very likely? Ocean is a secured loan on my house. The loan amount totals £21000, which included a brokers fee and also the PPI. I had to borrow an extra £8000 to clear my original debt with them so i know that they have rolled my original PPI into this loan. I actually asked for £10000. My idea is, is ere a chance that the halifax will let me remortgage, combining the original mortgage and the loan? That way the apyment should be lower meaning that i can pay more off the arrears. How likely is it that the judge would allow me to capitalise the arrears? The mortgage is for £93k and the house is worth £175k so i have plenty of equity in the house. Would the judge take into consideration the fact that the fees are excessive and that there is PPI included? Im really worried that im going to lose my home. I took on my grandchildreen in 2008 and thats what screwed everything up. I had no arrears before then. The children have quite severe emotional and behavioural issues because of what they went through before they came to live with us. They were neglected and were at risk of physical abuse. They need stability and a lot of care. Losing their home could set their "recovery" back. Would the judge take this into consideration? I was also diagnosed with fibromyalgia in february, which means i am disabled and i am in the process of applying for DLA. Sorry, im using an ipad and its not the same as anormalq computer for some reason... Would any of this help me keep my home? Im sure that if i had the chance i could sort this out, if i only knew where to start. Who should i be talking to? I dont really want to waste any time. i dont have a printer so everything has to be written out by hand. Im really grateful for any help you can give me.
  3. I have a small claim - the hearing is in less than two weeks. it is against a global company who have made no effort to settle. It is 10 months since I started my complaint with them and ultimately started court action. They even refused to take part in the free mediation. Now, less than two weeks before the hearing date they have handed the case over to solicitors by the name of SCS Law ( I thought SCS sold settees LOL) Trying to do research on this company it appears they bully people over parking tickets - so not sure how good they are. Anyway, this morning I get a letter telling me that I have no chance of winning and if I proceed to the hearing they will use this letter? to ask the judge to award substantial costs agains me. Any advice would be helpful, or are they just trying to frighten me into not going ahead with the case? To my mind, I have put a lot of work into this and would rather take my chance. PS: Who ever heard of a global company not having their own solicitors but outsource it to someone who charges £300 to go to court for you??
  4. Name of the Claimant - H Cohen Solicitors, Hoist 2 Ltd. Original creditor MKDP LLp (Ex HSBC). Date of issue: 12th September Acknowledgement submitted. What is the claim for – the reason they have issued the claim? This claim is for the sum of £1089 in respect of monies owed pertinent to an overdraft facility under bank account number x. The debt was legally assigned by MKDP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account. The Claimant claim: 1. The sum of £1089 2. Interest charges persunt of the county court act 1964 at a rate of 8% from 24/09/12 to the date hereof 1436 is the sum of £343.06. 3. Future interest at the daily rate of .24 4. costs. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Account set up in early 2000s Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure. Why did you cease payments? I didn't, I was a student conducting fieldwork abroad. The overdraft was within its limit, but not enough money was paid into it. Whilst away, HSBC closed the overdraft facility and demanded full payment. (OD Limit was £1500, amount in account was -£1090) What was the date of your last payment? Early 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Unsure. Hello and thank you for any help. I am a UK citizen but have been living and working abroad for three years - Estonia and Hungary. This is making it very hard for me to deal with this... I was unaware of being chased for this debt. I recently found out about a court summons as post was forwarded to a family member. I called Cohen and Hoist about this debt asking for documents to prove to me the age and the fact it is mine and they said they did not have these. The debt is from 2012, I tried to get access to my statutory C report but as I am a resident abroad this is very difficult and basically is not possible. I have sent a CCA request and CPR 31.14. These were only sent today. I have very little time to submit my defense. I have a defense written - can I submit this even though the solicitors have not had the time to respond? I basically want to say - I don't know what this is, I would like them to show me documentation. 1. I received the claim xxxxxx from the Northampton County Court on 12th September. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record. 5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies. - I am well out of my comfort zone here, this process has caused considerable stress in the last week, please excuse any ignorance on my side! - I am really struggling with this - is what I have written above logical? Is there something wrong with this, should I be doing something else? What happens next - where does the process go from here? Thank you very much for any help.
  5. Good evening CAG team I would be grateful if you could help & advise? I received the following POC and I have taken action as follows: Issue Date 9th April 2014, from Northampton CCBU Claimant Marlin Europe II POC Monies due under current account overdraft. The Claimant claims is for the balance outstanding under a Bank account facility Lloyds xxB (“xxxB”) agreed to maintain for Defendant. It was a term of the Bank account would be repayable by full on demand. Despite demand being made, the Defendant has failed to repay the amounts due. The Debt was assigned to the claimant on 28/11/2013. The Claimant claims therefore claims 1 £4,xxx.xx 2 Interest pursuant to section 69 of the county courts Act 1984, namely 2,xxx.xx & continuing until Judgment or sooner at the rate of 0.xx Has the claimant included section 69 interest(8%)within the total claim or is it shown separate? Shown Separately Is the claim for a current or credit/loan account or mobile phone account? Bank Account When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? I believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No Why did you cease payments: Financial hardship Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management ? Yes , I think I paid nominal amounts I acknowledged the service with defense to follow by 12th May (if my calculations are correct) 19th April Dispatched CPR31.14 Recorded Delivery to Mortimer Clarke 19th April Dispatched CAA + PO (blank) Recorded Delivery to claimant 24th April MC returns Copy of CAA sent to claimant & blank PO requesting I change the Payee to them. 24th April Acknowledgement of service. 25th April CCA & PO Returned to MC Recorded Delivery with Payee completed 6th May I received correspondence from MC, stating they are awaiting instruction from claimant regarding my requests(CCA) I guess, and they confirm 28-day extension for defence and that I should notify CC. 9th May Spoke to Northampton CC who said I still need to file defense on 12 May, and ignore 28 day letter as its ambiguous since MC did not state an extension date in their letter. I would be grateful if the CAG team could help me structure my defence, which is now imminent. I am assuming the defense is I have been frustrated by the claimant and his representative providing neither the CCA or CPR requests within the time frame before defence? Please could you provide the format I should use against the POC points Many Thanks
  6. Could anyone please help: I need an URGENT Stay of Execution of a Writ as HCEO’s are about to attend my home and I believe this to be in error. It is unclear on which form we apply for this, N244 or N245? And therefore it is also unclear as to the cost of this application. A Consent Order was granted to a Claimant as we were trying to do the right thing and also to not go to court. We got caught out as our limited company was dissolve by CH without our knowledge. So for a few weeks we traded as non-limited (but didn't know) so as soon as we found out the business ended. Our suppliers solicitors got us for this small period when we traded as individuals, and took us to court. We were unaware until the day of submission of the order that this consent order was a Tomlin Order, thus giving us no time to seek legal advice. We didn't even know what a Tomlin order was? They took 3 weeks to draw up the order and it was signed at 5:45 pm on the day before the hearing. Because of mistakes in spelling we had to sign it a total of 3 times in that last day. The Tomlin order states my home address, and myself T/A incorrect business name! And as we are litigants in person is also against CPR so I believe? After paying the claimant successfully for over a year the claimant wanted more money. When I couldn’t pay, the claimant entered a judgement, and so gained a Writ Of Control. However the Judgement was entered at our business premises (not listed on the Tomlin Order) where the business has been dissolved for 2 years? We got into this mess because the business dissolved so the claimant knew the business no longer traded, and therefore we were not afforded the chance to defend ourselves or receive any prior notice; we were totally unaware until the writ came through the door. The claimant has actually traded with the new landlord at our old business for nearly 2 years, and had addressed every document to our home address so I can only say that this judgement is seriously flawed. How can they make a judgement, and send court papers to an old address, when they have been sending paperwork to my address for 2 years? This is just so we didn't get ANY notice of what they were up to? We therefore intend for the Writ to be stayed until we set aside not only this vexatious and fraudulent judgement, but also the Tomlin Order. Form N245 seems to be to stay a writ if you cannot pay, which we are not necessarily stating at this point. So which form do we use and how much do we pay? Any further help would be appreciated as I have a pregnant wife and 2 young children at home and it will not be nice for them if HCE show up, but of course they will not be gaining entry. Many thanks
  7. Hi, I've been reading the very informative posts on Vanquis and wondered if someone can clarify something for me (I'll carry on reading after post this so I might discover the answer myself). I've seen reference that people, after SARing and requesting proof of the debt, have been able to have penalty charges (and interest?) removed, leaving the then reduced balance to be cleared. For what reasons was this possible? I ask because I too have a Vanquis card, and an Aqua one, which due to present circumstances are now unaffordable. Actually they were probably unaffordable from the outset and as I see it they will soon be going the way of a default. As background, I've been self-employed for 3 yrs, having been on Income Support for the previous 7 & my health is such that I receive a disability element uplift to my Working Tax Credit. Both credit limits started low but as a good customer who paid on time they've both now increased into the £xk's level. At present neither are 'technically' in default (ie no default letter issued) but I've missed the last Vanquis payment & whilst the Aqua one is not yet due, I can't see the situation improving anytime soon & frankly, I realise now that I've been deluding myself to even consider I'll clear the balances in my lifetime. I'm preparing for the tel. call onslaught and wanted to understand what I need to do to challenge any penalty fees or interest that has been added to my purchase balances to reduce the amount owed. From what I can see it's plausible for me to levy interest on their charges at a rate equal to what they levy on my credit card. FYI the Vanquis account was opened in July 2010, Aqua in Apr 2013, both apps were made via the internet & AFAIK no paper contracts. Also, on my Vanquis statement they have 2 lines each month named "Billed Deferred Finance Charges", usually pennies and "Purchase Interest", always pounds. Is the BDFC actually PPI under a different name and is it something I should dispute if/when these accounts default? Any comments or pointers to relevant posts gratefully accepted. Thanks UpOverTheEyeballs2
  8. Hi I have posted before a few years ago when I received gret advice and i obtained a SPO from HSBC back in 2008. The situation now is that I now have an Eviction date of 27 August. I have arrears now of 57000 and a property worth 350000. I have completed an income/ expenditure and N244 as per the forms/ advice here. The affordability to pay 500 per month extra would clear the arrears in 114 momths with a remaining term of 144 months as my lender tells me, however they have now said point blank that they want full arrears or eviction. The arrears increased over the years partly due to being made redundant 4 times in 4 years and a period of unemployment spaning around 14 months. I was under the impression that the bank had agreed a hold on payments during these times, however transpires were jusy increasing the arrears. A further element is that we had to move out for a period of 15 months due to major subsidence wirks (Insurance claim) where we had to find a proportion of rental money up front which made it fifficult to maintain payments Original SPO in July 08 was 250 extra per month and arrears then were approx 15000. Is it sufficient now to prove affordability and the arrears will be paid over the remaining term?. I have collated wage slips and the budget sheet.... just need the Witness Statement now. I would idealy like to take this to the court today to get a hearing asap... I could not bear the thought od leaving longer! What do you think are my chances?. I now have a very secure job having just passed a probationary period. My wife has worked for the council for years on a good salary also. We have 2 young children at the property also. Can you help please? Many thanks in advance
  9. Hello I'm at the end of my tether and desperately need advice if possible. Basically I'm on my 8th eviction in the past 9 years. Ridiculous I know but lots of things have gone pretty badly for us. Right my eviction is set for 25th June. We had a suspended order on 10th sept 2013 to pay cmi of 638 plus arrears of 400 per month. Our current arrears are a hefty 16000. My lender has refused 3 offers in the last few months 2 of 1040 per month and one of 900. I've been an idiot and stopped returning their calls and just wrote and emailed instead stupid I know but I couldn't face talking to them. Our daughter has recently had a kidney transplant and our whole time effort thinking and energy has been put into getting her well. Unfortunately the transplant rejected and has now been removed. She's finally on dialysis 3 times a week which is set in stone so I am now able to resume childminding and my husband works full time. My question is as my offers have been rejected when I fill in my n244 form do I just ask for a little more time to find somewhere half decent to rent or do I ask for a suspension which I very much doubt would go in my favour seeing as this is our 8th time in court. Any help would be massively appreciated thanks.
  10. Have just received a letter through the post today from BW Legal stating that they have tried to call at the house on 2 occasions (both times I was here and no-one knocked at the door) and that they will call again on 4th December to issue a Statutory Demand and will post it if we don't keep the appointment. Firstly, I have never heard from this Company before and other than there reference number, it doesn't tell me who the debt is for? There is a telephone number, should I call it to find out? Can I try to agree a repayment plan? I'm scared witless that I will suddenly lose everything when I thought I was starting to get back on my feet...... If anyone can help me, advice is greatly appreciated.
  11. ive been informed by the HA that they are going for possession of my house.. oh joy.. at least it will be a day out.. i owe £110 and pence after this weeks HB is taken off.. they want the lot within 7 days or they go to court. sure ill magic it outta my arse. it will be around £70 owed when i pay 2 weeks rent/Bedroom tax this week ( i get my esa every 2 weeks) Ive had no notice of possession and they say they are applying to the court in the next 7 days if i dont pay up which i cant. My current rent is 18.18 a week including water rates now im no mathematician but im sure im under 8 weeks arrears so am i right in thinking they should not be taking this to court? and is it 8 weeks full rent arrears without HB or would it be 8 weeks of 18.18? i owe £174 odd pence but that does not include this weeks HB of £67odd any help guys cheers mcjordi
  12. Hi All, Here's a quick explanantion of my enquiry: Rented a house under contract for £2,300 a month. Wife asks me to leave her and kids and moves in new boyfriend. I write to landlord give two months notice to leave and move out lasy 30th April. I pay rent until end June. Landlord confirms receipt. Estranged wife stays in house and hasnt paid rent since. I was in court yesterday she didnt turn up they served a summons on both of us but not to my new address they wont acknowledge i am not there. Judge says I am 50% responsible for the costs and the rent arrears. But he also said there was no longer a contract and didnt know how to structure the money to be paid to the landlord. He mentioned the eviction could be a case of tresspass then changed his mind and said come back in 21 days. My case is the landlord should have acted quicker to reduce the arrears and the court is delaying whch again adds ot my cost. If there is no longer a contract can I wriggle out of paying the rent I could argue if we had both moved out then the property may not have been rented out immediately. Im not sure how they assess their loss really Im clutching at straws I just want to limit my exposure. I havent got any money left now and lost my job so I cannot afford legal representation either. I will do a further statement with a character reference but im not sure what to write now. Mnay thanks for any detailed advice on my statement perhaps some case reference would help for me to quote where a contract has expired. Im the only honourable one here i even paid for the kitchen to be replaced as her dogs ate the base units. Ahh well. Regards Frank
  13. Hi I wonder if someone can help. We have today received a letter from Marstons regarding an outstanding debt. I am not disputing the debt and more than happy to come to an arrangement to pay it. The problem is we have moved 3 times in the last 18 months and the debt (for £500) was at the first address. This letter is the first I have heard about it having gone to court and them having obtained a writ. The debt is now over £1300 and they are coming on Wednesday to remove property which will also increase the debt. Is there anything I can do to stop this based on the fact I didnt know about the court action? I had actually been emailing the company the money was owed to some while back to try to resolve but they never replied to my emails. I dont even know which court this is in as this letter is the first I have seen. Any advice greatly appreciated. Many thanks
  14. I'm writing this on behalf of a friend and her young son who are being told by 'Places for People, a housing provider, that if they do not pay £400 per week until £1500 in arrears is paid off, they will be evicted and that this can be done without any further notice and within 14-days. Last Septemeber she started to fall behind with her rent, she is a single mother working as carer for those with mental health problems. The housing provider took her to copurt and the judge passed a suspended possession order under which she had to pay £10.00 per week off her arrears. She was doing this and all was well until April this year when her 9-year old son was injured in an accident. He was hospitalised for 3-weeks and she stopped working and stayed with him at the hospital for the time he was in there, all the time the £10.00 was not being paid and she was falling behind with the rent again. In all she was off work and didn't pay rent or the arrears for 7-weeks. It came to £1500 in total. Last week Places for People were in touch and told them that they she is in breach of the suspended possession order. That they are applying for an eviction orderand that unless she pays £400 per week from now on they can evict them within 14-days without giving any further notice. The poor woman is desperate, she has nowhere to go, her family cannot help, she has no assetts to sell as such and if she could pay this amount she would have nothing to live on at all, food etc... Can they do this/ Please can someone give some advice on this situation. Any help would be gratfully received as this poor kid does not know where to turn. Thanks.
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