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Found 35 results

  1. Hi all, We received a judgement from the county court for the reposession of our property if we dont pay the judgement debt of £2,450 and costs of £1,450 for an outstanding Anglian Water debt. This despite us having a arrangement direct with AWS to pay £50 monthly on the current balance. The judgement applies to 2 x charges against the property made by AWS which went to court. Is it possible to defend against this judgement at such a late stage? Judgement was made on 25th Jan giving us 28 days to deliver possession of the property to AWS.
  2. 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?
  3. I have a charge order placed on my house by Bristol & Wessex Water for £1800. They recently sent me a letter stating that if I don't pay the full amount they will be taking legal action and apply for an order for sale. I then will be sent an order to vacate my property within 28 days. My house is owned outright with no mortgage and currently valued around £200K. I am living on a small private pension with no chance of paying back the debt. I went to the CAB who told me that I will end up homeless and living on the streets as there is no social housing available for single men. The Water company placed a CCJ on my credit record so it's impossible for me to borrow money to pay back the debt and keep my house. I could never understand why there were homeless people on the streets, but I do now. I will be joining them soon. What an idiot I was buying a house. If I had a council house I would have nothing to worry about and a safe roof over my head. I know a chap near here who lives in a housing association bungalow. He owes banks £73k and will not end up homeless. Comments welcome.
  4. Hi need some help please filling out my defence for up and coming repossession hearing against G.E.Money date is set for 13/01/16 Monthly payment £264 arrears total £842 Hoping I can raise the issue of amount of charges added to account off the top of my head approx £3000 Interest is also charged on top and statement says I have paid £1000 towards these charges By the time it gets to court I would have made Decembers payment and brought arrears down to approx £700 Any help will be really appriciatted
  5. I don't know if anyone can help me, my car was repossessed today from the building i live. It was in a gated parking so not sure how they managed to get in and out to begin with. I do understand that they had the right to reposes the car without a court order as i did not paid up to 1/3 however can they just come and take it, no default notice no notice nothing? Also they do seem prepared i think to return the car when i spoke with them they said we can work out a payment plan if i want but i am wondering if is that easy for them to repossess the car. Also what happens to things that were in the car, anyone knows? Thanks
  6. Hi all, I am looking for advice? This is lengthy so please be patient with me... I took out HP with Moneybarn in March 2013. I have always maintained my payments of approx £500 a month earlier i suffered a breakdown and as a result had to leave work. I am still unwell and are currently claiming benefit and have always kept Moneybarn up to date with my situation. They terminated my contract in April and was told that a local Solicitor would be in touch regarding returning the vehicle. I have limited use of the vehicle and it is not accruing major miles BUT it is essential for when i need to use it as I live in a remote area. I received a letter from the Solicitors they appointed mid June saying that I had 5 DAYS to voluntarily give up the vehicle or they would proceed with court action to repossess. I wrote to the Solictor on advice explaining my situation and the extreme stress and depression I am suffering and asked that they cease any action for the next 2 months so that I can try and get another 2nd hand car to replace. The thought of having people turn up at my door to take away my car is too much to bear in my current situation and I was hoping they would consider my genuine and comprehensive explanation. It has been 2 weeks since they advised that they would contact Moneybarn with my request I heard back this morning and the reply stated coldly that 'while the car is in my possession it is decreasing in value and they urge me to return the voluntarily upload of the vehicle within 3 days of the e mail or they will seek a court order. I just can't cope with this. All I asked for is time to get my head sorted and get another cheap car to replace. I only need 4 weeks as I have decided to relocate to be closer to family due to my illness. Im contemplating contacting Moneybarn directly at a higher level or asking the Solicitor to ask them for 4 week. Alternatively, what else can I do just to stall them for the time being
  7. Hi all I'm after some urgent help please. My ex partner and I took out a secured loan with Paragon a few years ago to cover some debts we had. Then we split up and I took over the loan so that I could keep the house. Everything was going fine, even when I lost my job in 2011 as I walked straight into another one so could keep up the monthly repayments. Then in Feb 2012 I lost my job and couldn't make the payments, so I was making token payments each month of £10 or £20 depending on savings against the monthly due of £156. I applied for help from DWP with my mortgage and my loan and at first they said no to to the loan but then agreed to make payments to the loan but only of about £11 a week. I have been suffering from depression for about 2 years and battled alcoholism on and off for nearly 10 years. I've also been receiving bereavement counselling following the death of my mum in Nov 2011. At first I used to talk to Paragon on the phone and I regularly completed their income/expenditure forms and they seemed ok but acknowledged that my debt was increasing. Unfortunatley recently I've buried my head in the sand over it and ignored their calls as I got more and more depressed about applying for lots of jobs and not getting an interview or getting to the interview stage feeling pretty confident but then getting turned down. Last week they sent me a letter saying that they may pass my account to a their field agent to call from Excel Counselling Services.. .I know that this is just a posh word for a bailiff! Today he knocked at my door whilst I was out getting electric put on my key card and he put a note through the door. The letter doesn't mentioned the amount that is outstanding but I think it's around £2k. His note is all friendly about we need to talk about it or he'll have to tell Paragon he's not talked to me and I could risk losing my home. Can I send him the following letter? Dear Sirs, Re: Account reference Paragon Personal Finance Ltd................ I refer to your visit dated 18th February 2013 informing me that your company has been instructed by Paragon Personal Finance Ltd to visit me, in respect of arrears on the above mentioned account. The purpose of this letter is to advise your company that I believe that my circumstances fall within the category as contained within the National Standards for Enforcement Agents of “vulnerable situations”. The reason for this is that not only am I a person who has suffered a bereavement in the family with the death of my mother in November 2011, for which I am receiving counselling for. I am also currently unemployed having lost my job and am in receipt of benefits. I am also receiving treatment from my GP for depression and alcohol dependency. Accordingly, I would like to request that you do not visit my property again as this would cause undue stress and anxiety. Instead, I would like to request that you return this case back to Paragon Personal Finance Ltd. I would be grateful if your office could confirm safe receipt of this letter, and confirmation that the case has been returned to Paragon Personal Finance Ltd. I am copying this letter to Paragon Personal Finance Ltd. Yours Faithfully I was also going to send the letter to Paragon, along with another income and expenditure form and a cheque for about £20 with an offer to keep paying £10 a month by dd. Is that ok? Should I be doing something else? He says in his letter he's going to come back so I was hoping to get the letter in the post to him today to stop him calling again as my Dad is coming to see me tomorrow and I really dont want him to get dragged into this and I've recently started seeing someone who I really like and I'd be really embarrassed if he turned up whilst he was here. Please help, I'm now sat in tears as I'm scared that I fought my ex really hard to get the house and stop him taking it over with the woman he left me for, and now i'm scared I'm going to end up homeless. I hope this all makes sense. thanks Mary
  8. Hi CAG team, In 2012 my home was repossessed after I could no longer pay the 2 mortgages on it due to unemployment and chronic health issues. My local council had tried to get me into the mortgage rescue scheme, but the housing association involved declined due the the short term remaining on the lease. I had the flat valued by an estate agent and the first lender, Mortgage Express, encouraged me to sell the flat myself, but the second lender, First Plus, refused that offer at the final court hearing, saying it would take too long. The judge granted possession. I owed about £180,000 (135,000 to Mortgage Express and 45,000 to First Plus) and the valuation was for 180,000 in 2011, a bad year for house prices. I had a legal aid lawyer, but he could do nothing about it. For the past year the debt collection agency Red Castle has been chasing em for £35,000 on behalf of First Plus, since they had received only £8,000 from the auction sale. I refused to talk to Red Castle on the phone and wrote to them, stating that I had not received any communication about the auction sale, and that they should qualify the figures. They never replied, but I received a letter from First Plus, stating that they had no documents relating to the auction sale. Eventually I found out who was administering former Mortgage Express accounts and received details from them. The flat was sold at auction in 2013 for £155,000, with Mortgage Express recovering all of its money, and after related expenses leaving £8,000 for First Plus. In 2013 the value of the flat was much higher, and even considering the short lease, would have raised about £200,000 in a private sale. I feel that First Plus has deprived me of the opportunity to mitigate my losses, and that the argument that a private sale would take too long is not valid since the auction sale only took place a year later. Can I fight their demands? In any case, I would not be able to pay, since I am now living on benefits and have no other assets. Thanks and kind regards
  9. Hello, last month we purchased a vehicle from Arnold Clark and part ex'd our own vehicle. Prior to agreeing to buy we made the salesman aware that I only had a provisional license and asked would that be a problem with the finance (my wife would be the main driver until I pass my test with me driving it provisionally.). The salesman said that wont be a problem, the vehicle just has to be comprehensively insured. We submitted all information for a credit check and we received a call the next day from the salesman that the finance had been accepted and asked if we could come in to sign the agreement and pay the deposit. We did so and the salesman said everything was fine, the car was signed over to us and we supplied all the documents that we were asked for. We collected the car a couple of days later and left our vehicle with them. A couple of weeks later AC called me to say they needed proof of comprehensive insurance where I was the main policy holder. I said I dont have that because my wife is the main policy holder and I am a named driver. AC said that the finance company wont release the money to them until they have proof that I am a main policy holder and that the car would have to be repossessed if we cannot. I informed him that on my copy of the finance agreement it only states that the vehicle has to be comprehensively insured, it doesn't say that the owner has the be the main policy holder. He said "yes but that doesnt matter because on the new document from the finance company it says you need to be the main policy holder". They are threatening repossession if I dont pay for comprehensive insurance in my name which firstly we cannot afford to do that and secondly out of principal of the agreement. The funny thing is they said the finance company are threatening repossession and I said "so a finance company who has currently made no investment in this vehicle has the right to take my car away." to which AC said that "well not it would need to be returned to us" to which I replied "so AC will repossess the vehicle?" and after umm and arring they would not give me a straight answer as to who would be repossessing the car. Any advice would be greatly appreciated and if they can repossess where do I stand with my deposit and part ex'd car?
  10. Hi, can anyone give me some advice. I live at an address with my landlord. But as a tenant in a separate part of the house. He went to court for a repossession 9th Jan 2015. He was then involved in an incident resulting in an assault charge against him. His previous court appearance he pleaded "Not guilty". The warrant of possession was granted 6th Feb 2015 but speaking to the solicitors they cannot act on it until the 2nd court case 6th March 2015. I think this is because it is his bail address. The debt on the house is large, around £400K and has been ongoing for around 2 years now. What is likely to happen? can the bank still send bailiffs in while he is on bail? What happens if he goes to prison.? What happens if the case keeps getting adjourned? I understand that there is no definate answer but just some advice on what might happen would be greatly appreciated.
  11. Hi all. Under the terms of my contract I can return my vehicle to close after x amount of payments. I've already reached this milestone so wondered what the effects of voluntary terminating my agreement would have on my credit report. See I want to change my vehicle for something much more fuel efficient but part ex amount is ridiculously low the only option I appear to have is to return the vehicle. Any advise appreciated.
  12. Hi All Only just come across this site, Im seeking advice. GE Money are taking me to court for repossession of my house. I am married with 4 children. My monthly payment of my secured loan is £250. At the moment I am £850 in arrears. I have made arrangements to pay the arrears, but have struggled to make the payment. I have made a payment of £350 last month, with the plan of making that each month. By the time my court case comes up, I will be £600 in arrears. The loan is in 2 names. Do I have to fill in court papers for each person, or can I do it for 1 of us to cover both. My debt is in the region of £25000. Am I likely to lose my home?
  13. First repossession where there were no arrears, details in this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?426052-HBOS-repossessed-house-No-arrears Now, HBOS have repossessed another house, although unlike the first repossession where there were no arrears, there were arrears on the second repossession though IMHO this still should not have been repossessed. 1. HBOS possibly did not follow pre action protocol relating to this second repossession 2. HBOS did not inform me of the repossession 3. HBOS did not make allowances for tenants renting the property Main reason: Had HBOS informed me of this repossession, then I would have made arrangements to repay the arrears. If necessary, I would have gone to Court to stop the repossession using the Administration of Justice Acts in conjunction with Norgan. However, I was not given the chance to do this since I was not informed! I am writing a complaint letter to HBOS in relation to their second repossession. In the meantime, any guidance / pointers to case precedents concerning repossessions? Ideally, I would like to get the house back. Background notes: As I am usually outside UK (living and working in Russia) the tenants all pay their rent directly to the lenders. In the case of this repossession, the tenant concerned did not pay their rent. Admittedly, I should be checking up on this myself each month, - though I just assumed that if there were arrears, then the lender would contact me. Unfortunately, the lender did not contact me which resulted in yet another repossession. The tenant in question is now homeless. I had found out about the repossession from the rather confused tenant asking why locks on the door had been changed etc... Tenant explained that they had missed out on few months payments but were in a position to repay in full toward the end of August in addition to any bank fees I had to pay due to their late payment. I am trying to find alternative house for tenant and they will pay the arrears in full at the end of August... But, in the meantime - I would like to get my house back from HBOS!!!!! AND.... HBOS clearly ignore customer complaints / concerns (which can be seen from the other thread I linked to above). Any ideas / help / links appreciated, Thanks ps... Post implies landlord / tenants etc - it is a wrong assumption if you assume I am rich and wealthy as I 'own' property which is rented out... This is not the case! I took out many mortgages a number of years ago when it was easy to get Buy To Let mortgages with effectively no deposits etc...
  14. Hi there, Just after a little advice. Last november (2013) my mortgage company applied for reposession of my property. I went to court and managed to get it suspended. I have now cleared the arrears as set out in the court order and have made 1 mth mortgage payment on time. I was just wondering if i can get the suspended reposession order removed or set aside or does it remain in place for the reminder of the mortgage. Also was wondering if i should start the ball rolling in claiming all the fees and charges back, i dont want to start to rock the boat with the mortgage company as we are just getting back on track.
  15. Hi all, we regrettably took out a secured loan of £6500, (which included broker fees etc.) with BF in 2007 to help deal with other debts. a stupid thing to do but at the time were in financial difficulty and thought it was the best way out. our loan period ended september 2012 at which time we were informed that we still owed £3949. to say i was gobsmacked was an understatement. yes we again got into difficulties with repayments but made sure we paid the arrears as soon as we could, {we were never more than 3 months behind } in fact we paid back more than the missed payments, missed payments amounted to £2136, the total we paid by other than the direct debit arrangemnet was £2288. I realise that charges were expected but the amount is staggering. plus the insurance block policy thing has left us with the huge balance. i tried to negotiate with them over the charges and made an offer of £75 per month while we fought the charges. to this day we never recieved any acceptance or rejection of our offer. I wrote to them was to ask for my account balance to be reset to show that the loan had been paid off and just outstanding fees and charges were due, also disputed the amounts charged, i.e. letter and phone call charges. obviously this was rejected and stupidly we stopped making the monthly payments after 3 months. i carried on writing and disputing till July 2013 when we didnt get any replies, just demands and statements. 2 days ago we were hit with a repossession court date for January. can they actually succeed in repossession for charges and fees ? we are obviously extremely worried at the fact of possibly losing our home plus there is no way we can afford a solicitor and are a bit confused as to how to answer the defence questions. any help or advice would be greatly appreciated but primarily, we need to find out if they can actually repossess over just added charges, and what are the chances of them succeeding at the first hearing.
  16. Basically I'm in a right mess. I lost my job in 2012 and we got into arrears on our mortgage. The mortgage company took us to court and got a suspended repossession order and we agreed to pay back our arrears over monthly instalments. My wife went back to work as I couldn't find a job and we managed to maintain the payments. In October my wife was signed off work for pregnancy problems and hasn't been able to go back to work. Thankfully we still managed to pay October and Novembers payment but missed Decembers. I however found a job which I started the beginning of this month and my wife's maternity leave kicked in so we will be getting an almost double payment this month and next month also. The arrears on the mortgage are £2056.42. I spoke to the mortgage company and advised I can pay over £1000 plus this months payment this month and the rest next month (this will mean falling behind in our other payments but we need a house and can catch up on the other payments once this is sorted). They have advised they will not accept this and have already gone to the court to enforce eviction. There is no equity in the house. My wife is due to have the baby at the end of next month, we also have 2 other small children. I'm at my wits end, I have no idea what to do. My wifes blood pressure is already a big issue in this pregnancy and she can't stop crying, neither of us are sleeping and everything just seems so hopeless. Please can somebody give me some advise on what to do next.
  17. Hello To shorten a very long storey. We owe a bank money in relation to secured and personally guaranteed loans for a company (now liquidated) We have never said we don't owe the bank the money but dispute the amount. The bank should never have started possession proceedings for several reasons, one being that the notice or warning that they intended to start proceedings did not tell us how much we owed. They then proceeded to claim an amount £40k higher than the actual debt! (they are now claiming the correct amount) Anyway these and other issues have lead us to dispute a portion of the debt as such we submitted a defence. A strong defence we feel. We have not and cant afford to employ a solicitor. The problem we have is that the bank applied to the court to order a trail. This has all been ordered and the claim is now going to a full civil trail with witnesses and all the legal procedure we know nothing about. I want to withdraw our defence as we cant afford to lose (50k estimated costs) we cant expect our witnesses to attend, we cant follow all the procedures as we have no knowledge of the laws etc. It really isn't an option for us. We now have days to serve something to do with practice direction 31b. We want to withdraw the defence, unjust but necessary and assume that no defence =no trial. How do we withdraw it and what are the consequences in respect of the court. Many thanks
  18. 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.
  19. I had a finance agreement with Park Motor Finance in Wales in Sept 2006. I have lost the original agreement so have only memory to go by. I paid the car for 2 years and tried to Voluntary Terminate, sent letters and phoned them. They made it difficult to VT as they said the car had to be taken to Wales from Scotland. Then said Newcastle or i could arrange an uplift for £500 all at my expense. The long and short of it is the car was Reposessed about 6 months later after i had stopped payments to them about Aug 2008. As far as i remember i never had a court order to reposess the car. After it was taken the car was auctioned and the remainder i was told to pay through various debt collection agencies. Forward to June 2012 and i received a court order to pay the remainder of the balance of £1800 plus costs and interest, which was to be paid in installments of £194. i was away on holiday during the case date and couldn't attend so made an offer to settle as advised by CAB. This has now been settled in full. Is it still possible for me to get copies of all correspondance during they sent up until the reposession and court order. Can i still fight back or is it too late to dispute. Thank you for your help, sorry if this is confusing.
  20. Hi, I have a car on HP with Santander, and since the car was 2 weeks old have had many issues with the car. I notified both the car manufacturer (Vauxhall) and my finance company (Santander). Since then, neither company has been willing to help, and so we took the investigation to the FOS. Unfortunately, after many months, we didn't seem to be getting anywhere with the FOS, so we told them to close the case. It was only the other evening that a repossession company phoned me (9:30pm), and asked if I was at home (I wasn't). He stated that he was from Santander (which later turned out to be false) and he was here to chat about the car. Once we returned home, he then said what he truly was here for, and the car was repossessed from a private driveway without a court order He also claimed that the car tyres were illegal in the paperwork he gave us (we refused to sign), despite the car having gone in for a service with the main dealer just 2 days before. He also drove the car aggressively onto the road, and around the corner, despite the fact that (i quote) "you would get 3 points and a fine for both front tyres". I was wondering if you could give me some advice and help as to what rights we have now etc. I must also add, that the account was in arrears, because Santander cancelled the Direct Debit when the FOS were investigating, as apparently this is standard practice. 2 months before the repossession they re set up the direct debit (and successfully took money) although they are denying setting this up (we have a letter).
  21. Hi my wife and I are moving abroad in around 6 months. We have been trying to sell the house for the last 18 months to no avail. We have had the house since 2007 and have come to the end of the fixed rate period. We have a NRAM together mortgage total £127k (£112k secured £14k unsecured) the house is on the market for £114950 we have had viewing but no offers. We cant rent the house out as the rent would not cover the mortgage payment. Our credit history is already shot to bits from when my wife was redundant. We are sending money out to the "new" country to set up life out there however we are running out of time to sell the house over here. Once we move we will not be moving back here (other than the odd holiday to see family) We have contacted NRAM regarding voluntary repossession. they say no matter what we are still liable for any short fall - which there will be, and we will have to sign paperwork to say we agree to this. We may not be able to afford repayments to NRAM as well as the mortgage in the new country, however we don't want to go Bankrupt as we will have to declare assets in the new country and therefore put our future life at risk. Please could we get some advice as to what to do? should we give the house back to NRAM sign the forms and negotiate an affordable repayment, or do we just post the keys back on the way to the airport with no forwarding address?
  22. So, let me set the background. A friend of mine has some serious issues, owns a house with his wife ( who has left him for some 4 years). mortgage well in arrears ( now intrest only payments taken from his benefits) He's getting letters asking him to have a valuation done by the mortgage company ( they have been in talks for over a year) If i wanted to purchase the property, and my friend agreed, how would i go about that? This is a circa 220k house, with an oustanding mortgage of 145k including arrears. If i simply called the lender, and offered to take a new mortgage out in my name, for the amount owed, and have the property signed over to me......That clears the debt, and everyone is happy ? any advice welcome
  23. Ok….so the Wolves are well and truly closing in and I’m starting to crack under a number of different pressures and would really really appreciate some sage advice as I am not thinking straight…..please excuse the rambling… I am in arrears on my mortgage and made an arrangement with Shoosmiths in March to pay back a portion of the arrears and the payment due each month - unfortunately a number of different circumstances have arisen that have destroyed my ability to pay and so the last two months have been unpaid - I informed shoosmiths of my circumstances with the intention of getting back on track asap… My partner and I have split and will be selling this and the other property we own. In addition she will be securing employment to cover off the expenses on her and the kids house while I will be able to pay mine. So the future is not completely bleak - there is plenty of equity in the properties and I have told shoosmiths this with an intention to keep up current payments (however tough that is) and to clear the arrears on the sale of the house. they have not been sympathetic - their client has instructed them to issue proceedings and apply for a hearing date. they will only stop the hearing on receipt of full clearance of outstanding arrears. I worry that all this will come crashing down before we have a chance to sell the properties. Now a question that is going through my head - while all this is going on do I continue to make payment on the mortgage? I dont say this lightly but money is so tight that the money could be used for other things - like subsistence and bills! Do I wait for a hearing and explain to a magistrate/judge my situation and hope for a sensible response to what I’m sure is my reasonable proposal? I have been living with debt for a number of years now so know how to deal with DCI’s etc but this is a new and frankly very worrying situation especially with my personal situation. Any advice/thoughts gratefully received GIB
  24. Can anyone help. i have been to court this morning, the hearing has been adjourned for 3 weeks. The story so far. I have a loan from November 2007 and matures in November 2012. I have arrears to the sum of £3000. The initial loan was for £5500, i have currently repayed £7685 and the original amount including interest if i hadnt got in arrears is £7937. Now, i have got the FOS involved in July 2012 as i have over £2500 in charges, administration fee, direct debit recall fee, solictors fees, default fee's. I called them today and they havent received paperwork, i am sending this again today. Ok what the DC has decided today is to adjourn for 3 weeks, and i have to put a full witness statement to them with 7 days. Firstly. do i have a claim with the dis proportinate charges and interest. Secondly how do i do a full witness statement. Can someone please help?
  25. Hi I'm new to the site. I am due in the county court on 23 November as Firstplus are seeking a reposession order on my property. My Husband I took a secured loan with them in 2006. the interest rate continued to rise despite falling BOE rates and we have simply been fobbed off with 'the rates reflect what it costs us to lend'. We paid the loan solidly for 5 years and then I lost my job. I requested an early settlement fee, as I had received a severance payment, but was told that I would pay a penalty rather than receive any rebate. I did not have enough to pay the loan off. I was out of work for a year in which time I paid the loan as normal. Towards the end of that period, I asked for help from Firstplus and was reluctantly granted a short term measure of paying one quarter of the regular amount. I found another job, but paying one third of my original salary. Our regular mortgage costs us £1306 per month. We have not missed any payments. We have several unsecured loans/credit card debts, which are on arrangements at minimum payments. Firstplus have declined any requests to work with us on our loan. They said the case would be passed to Eversheds who would be able to work with us on future payments. I contacted Eversheds when I received their letter only to be told that they had been instructed to seek a reposession order as we had not repaid the arrears in full and re-instated the normal payments. A date had been fixed for the court hearing. Clearly I feel let down that there hs been no element of discussion. Our property has no equity in it. If it were sold (and 3 houses where I live have not sold in 2 years), it would not generate enough money to cover the first lender loan, we would need to rent a property and that would be costly. I wrote to Eversheds laying all the detail out, but they have ignored my letter. A ollection company has been appointed to recover the arrears and work out a plan going forward but that won't avoid court. We can't pay the arrears back in one go (we would not be in this position if we could) and to return to the original payments will be crippling although possible. We have also been prevented from making any payments to the account as both Firstplus and Eversheds refused to accept them. I have received conflicting advice about what I should or should not do ahead of the court hearing. I've completed the court paperwork, but in truth am worried that the judge will not feel able to offer a suspended possession order as our finances show we will struggle with the original payment plus something towards the remaining arrears. Can anyone with a legal hat on advise please? I'm struggling right now trying to keep my job going whilst feeling stressed, looking after an 8 year old who picks up on everything and supporting my 80 year old father who has recently been diagnosed with cancer. Many, many thanks TCM
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