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Found 9 results

  1. Hello, I have an eviction date of 13/07/2011, i am £7500 in arrears with my mortgage the original repossession hearing was back in 2005/2006, since then I have had a very poorly baby, been very ill myself and still have problems with my blood pressure and liver. NRAM have issued an eviction date and i have complied with them and provided all my I&E details. I rang today to make my normal payment the gentleman stated that they have made a decision and that i need to pay £4k off the arrears and increase my offer of overpayments, they are stating that i have in excess of £500 surplus income a month.... ..i deffo cant find this surplus in my bank! I have offered to pay £200 per month on top of my normal payments. I am not able to pay the £4k and they have suggested that i contact the court to let them decide. I am petrified that i am going to lose the house, i am married and have two children age 10 and 5, we do not have any family support so there would be no were we could go to. I have admitted to NRAM that i had not been prioritising my debts and that I have since seeked advise from a financial advisor and that i am in the process of dealing with our debts with payplan. I have made arrangements to go into my local court on friday to fill in the form but im not sure what details i need to provide. Can anyone help?
  2. WARNING: YOU ONLY HAVE 7 DAYS TO REPLY TO THE COURT. if the claim has been made by the ORIGINAL CREDITOR then a time order might be your best bet. but still please fill out the questionnaire below if the claim has been made by a DEBT BUYER/DCA then follow below Copy and paste this post to your OWN THREAD: Answer the following questions using the details from the court initial writ name the issuing court: Who are the pursuers: Who Are the Solicitors [listed at the bottom of the writ] : What is the writ for – type out ALL the text on the writ at items 2,3 AND 4: [minus pers details typically account number etc] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. what date was this served on you:- what date is within the COURT STAMP: What Is the claim for ..Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt from your knowledge: answer the following: Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? When did you enter into the original agreement before or after 2007 [give the date]? Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? When was your last payment:- Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? What you need to do now. Copy and past the above on your own thread with your own answers attached. read the next post below too:
  3. All documents are here: http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them. Some interesting musings... The DCA HAS to state the documents they intend to rely upon within their claim. [box E2] It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court There are no immediate court hearings/if any at all...the sheriff is directed to read the responses by the claimant and the respondent and decide what should happen. it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters. they must explain and help the respondent in legal matters use the response form 4a PDF attached to post 2 or 3
  4. Hi I'm posting this on behalf of my Mum who purchased her car in November 2015. She bought a ford C Max 55 plate for £2795 which came with a 3 month warranty. She's barely driven the car only having covered 500 miles since, but the car is starting to have quite a few serious faults, mainly with the ignition and some warning system regarding acceleration. None of it sounds very good and the AA have had to come out a couple of times to get her started. She's booked it in to the garage she originally got it from to be repaired and was wondering if the dealer is responsible to pay for repairs under the Consumer rights Act as there appears to have been new laws made from October 2015? I found the following on the Which website and hope someone can confirm it to be correct...... First six months - if you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold and offer a partial refund or to repair or replace it. If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this. Any advice appreciated as I'm really pee'd off for her as she bought this car in the real need of having something reliable as she's on her own and quite disabled. Thanks for any advice Lisa
  5. Hi all, Im at a complete loss. I got a ccj claim and thought id filled it all in correctly - wasn't entirely sure what the debt was, Im thinking a payday loan that I abandoned. I filled in acknowledgement of service and defended the claim using information I found through researching my problem and using an appropriate template from here or so I thought. I got a Notice of proposed allocation to the small claims track and have to reply in a few days and I don't know what I have done. Or more importantly what to do. Ive buried my head in the sand and Im just at a loss with it all. I think Im getting somewhere with my debts and then I go and mess it all up (sorry I know that is very woe is me) Having a really tough time at the moment with home life and anxiety and this is just pushing me to the edge. Just sold our home to move into rented accommodation and the last thing I need is a ccj causing me issues with renting a place Can anyone please advise? Many Thanks
  6. Millions of people, including motorists, home owners and pet owners face seeing their insurance costs increase. The standard rate of Insurance Premium Tax - the tax paid each time an insurance policy is purchased in the UK - will increase from 6 per cent to 9.5 per cent from November 1 The ABI said the change will affect 7.3 million car policies, 4.7 million household policies, three million pet policies and three million private medical insurance policies. Any of the affected insurance policies with a start date after October 31 will have IPT charged at the new rate. The ABI warned that the change is likely to add: nearly £13 to the average comprehensive motor insurance policy; more than £10 to the average combined building and contents cover; more than £10 to average pet insurance; more than £40 to average private medical insurance. Read more: http://www.thisismoney.co.uk/money/bills/article-3288548/Millions-face-insurance-costs-rise-IPT-hike-effective-Nov-1.html#ixzz3pggBomZQ
  7. After a default I was paying £50 (what I could afford) to AG for several years - last year, out of the blue - the payment was stopped and I started getting nuisance calls from a number of DCA's, and then eventually a letter from Wescot, then a letter from Restons demanding the sum in full. I did the whole CCA request and I just got rude letters from Restons back saying it was all non-legal rubbish they didn't have to reply to. Finally I got a N244 court order back in march - I submitted my defence (no cca supplied) and the case was stayed. I heard nothing for months until finally, out of the blue in September, Restons were applying for a Lift of Stay, Summary Judgement and to strike out my defence. Their legal fees were itemised on the N244 and came to £516 - annoying and I'd prefer not to pay for their trouble making - but not OTT either I responded requesting the CCA again and later in the month they finally provided a photocopy of the CCA. My problem all the while was ensuring I was paying the debt back to the correct DCA as I had requests for the money from multiple DCA's With this in mind I wrote requesting to come to an out of court agreement and pay a monthly sum of £50 - which they seem to have agreed to on a Tomlin Order. However their fees now come to £1500 and of course are added to the original debt. This includes a court appearance fee of £450 - which is rich considering we would not be going to court if the agreement is signed. Although with a few days to go it seems easier to roll over and pay the fees - I feel uneasy about doing so. From what I can see a tomlin order is just an agreement staying the court case - which means they would be at a liberty to start court proceedings and ad an extra grand or so into the mix on a yearly basis. I'm considering getting legal advice but I'd appreciate any help from the community. - Can extra fees be added after the fees stated on a N244? - if I go to court now I don't feel I have much to lose as it looks like I'm paying for their appearance in any case. Thanks Dan
  8. I recieved a PNC from UKCPS in April 2013 at Cineworld cinemas.. the circumstances are that i had prebooked cinema tickets (worth £25) and had gone to a lot of effort to get a baby sitter for my 4 month old baby (paid £20) as it was out anniversary. We had driven round and round the carpark for 45 minutes looking for a space and there were none. The facilities are a free car park but as well as the cinema there are around 10 resturants, a bowling alley and a park and ride for city centre. We had exhausted the time the trailers would have been rolling and upset and about to miss our film i parked my car on double yellow lines, amongst a few other cars. If we had given up and gone home we would have been very out of pocket and missed the possibly only chance we would have of getting out as a couple. Previous to this we had been attending the cinema as paying customers every weekend, however we had never been together. Sometimes he would take a friend and some times i would take my little girl. I was advised on here to ignore it... which i did.. then i got court papers so i sent the defence as stated on here but now they have sent a very scary particulars of claim. I have written them two letters explaining the mitigating circumstances, the first stating i did not deny the offence but i deemed the £100 fine was too much and offered the fee that council charge being £35. The second letter offered them £45, being the amount of money i would have lost if i had given up and gone home... without taking into account the depression i would have felt having been looking foward to it and suffering post natal depression. Am i kidding myself thinking i have a chance at winning this? is the Judge going to laugh me out?
  9. I have recieved a repossession hearing date from the courts for Capstone Mortgages, due to being self employed my payments have always been a week or 2 late but I have always paid. However due to the 2 recent bank holidays the cheques from my customers arrived even later, which put me one whole month in arrears and the next month 2 weeks overdue. Which they said amounted to £960. However upon phoning them one of my payments had crossed the letter in the post and I was only £460 in arrears, but they were going to add on £115. I paid the £575 and they then give me until the 15th of this month to pay this month mortgage, which I have paid and I am up to date. Their solicitors Lightfoots however have told me that they are still going to go for possession even though I have no arrears, the hearing date is 9th July, what do I do to stop this, I am going to lose my home and I do owe anything.
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