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  1. Hi all, I became a carer for my parents way back in 2007. To do this I had to give up my business and as a result had my home repossessed. As my mum had dementia and declined rapidly I had little time and even less inclination to deal with it all, and dug my head in the sand. At the old property (by that point I was living with my parents) I had a lot of debt letters and just left them there. Only 2 creditors are still chasing me via debt companies. They are both credit card debts. I sent 1 of them the statute barred letter as they turned up at my door the other week. The guy was more of a friendly 'good cop' than a bailiff. They have replied back saying the debt had a CCJ issued in 2008 and gave me a case number to check. This would have been addressed to the old property which was repossessed in 2010. My parents died last year and although I have inherited the house I have yet to process it at the Land Registry. I am worried about balliffs turning up. The debt is around £7k. Thanks JM
  2. Hi there I have today received court papers for possession of our home and really need some help. A brief outline of the story so far : In 2011 took out a business loan for £143K (£12K of which was an EFG loan) secured on residential property. Business closed in 2012. Lots of issues with Lloyds including the fact they claimed back the EFG and also have tried to claim it back from me. Repossessed the commercial property which was the 1st charge and as a result of 'fire sale' was left with a short fall of £100K which they are now claiming against the house. Statements sent have been incorrect i.e. saying we owe more than we do etc, etc There are too many issues to list but subsequently we have been fighting this for five years. However, received the papers and just want to check a few things as never been through this before. A set of papers have been sent to both me and my partner who is on the joint mortage. There is a defence form (N11M). Do we both fill one of these in ? The information will be the same as it is about income/expenditure etc. Do we send this form back to the court prior to the date of the hearing ? I assume we do otherwise the court will not be aware of the issues we have had. Also, can we add additional pages to the document as the space provided to fill in with information is very small. The times for the hearing are different for me and my partner. I'm in at 12.00 and she's in at 12.20. I pressume we go in together as it is a joint mortgage. So I am a bit confused by this. Also, the paperwork submitted by Lloyds says "this mortgage is of an all monies nature" which I was unaware of. I have also read on various threads that this is a big problem and courts are powerless when it comes to negotiating any repayment. If anyone can help answer any of these questions I would be most grateful.
  3. Hi, My sister has just had her home repossessed. It is a very sad tale but we are trying to get through it. I won't go into the detail of how she got herself into this situation, I need help with how we can get the house back please We have submitted an order with the court requesting the possession order be set aside so they can get back into the house for the next 6mths and try and sell the house on their terms. I have offered to pay the arrears. We do not have a hearing date yet but I am not hopeful that this will be successful since the bank has asked for the full mortgage amount of around £200k. I am prepared to lend this money to my sister (not rich just have some equity myself!) and will put a charge on the house to this value so when they sell it I am repaid. However, on talking to the bank they have said that even though you repay all the debt they will have to decide whether they will give the house back to my sister and not still just sell it at auction. In which case it is not worth paying them anything at all! I will be getting a lawyer involved at some point as I am completely out of my depth but I was wondering if anyone had any experience of this and knows the process and what the chances are of them giving the house back once we have paid off the full amount? Many thanks Fiona
  4. hi, I bought a BTL in Glasgow in 2005 at a value of £175,000. The mortgage was £155,000 and fast forward 12 years it was still in neg equity after the crash in 2008. with a host of tenant and service charge issues. in the end i let it get repossessed and it was sold for £139,000 in less than a week. the arrears were £7,000 and im sure there were costs involved in the sale such as estate agents and sols etc which we expected we were expecting s shortfall of circa £30,000. we received a letter with stating a shortfall of just under £45,000?! There was no breakdown of costs or the account just the amount to pay? this seems excessively high and totals with the sales price £184,000 which is nearly £10,000 over the original market value? has anyone else had shortfall surprises with lenders such as NRAM as this is new waters for us and we want to be up to speed on any fees and costs we should be aware of before we move forward with an action plan. thanks in advance for any help!
  5. I took out a small(ish) secured loan with Blemain Finance in about 2007, which was needed in addition to my main mortgage which was with Halifax. The loan I took out with Blemain was only for £17k (and my main mortgage with Halifax - which was interest only - was for £90,000). Despite the fact that the loan amount with Blemain was only around a fifth of the amount of my main mortgage with Halifax, the monthly repayments were about the same (about £300 per month). Some of the time I was not working so I struggled to always keep up with the Blemain repayments, BUT I was on top of the Halifax payments and, in fact, was in credit with them. Because I fell behind several times with Blemain, and had to come to payment arrangements with them to keep them 'off my back', until I could resume the full monthly repayments, they tried to repossess my home about 4 times and I had to go to Court to fight them off, which I successfully did. However, they subsequently took me to Court again and that final time they 'won' and I was told my home would be repossessed. I had to move out the following day, barely 24 hours later (and this was the family home I had grown up in and decided to keep on after my mum died). The house was then sold (in August 2014) and the money from that paid off the Halifax mortgage and part of the loan to Blemain. However, the final 'tally' for the loan to Blemain was, staggeringly, more than triple the £17k it was when I first took it out (I think the final amount was about £56,000). This obviously included countless charges for letters, phone calls, etc, that they had piled on. For example, they would frequently send duplicate letters which stated exactly what a previous letter sent a day or so earlier had said, which I'm sure was one of their ploys to pile on more and more charges whenever they possibly could. Even if I had sold the house before Blemain could get it repossessed it wouldn't have sold for enough to be able to pay off that vastly inflated amount to Blemain entirely and I would have been left penniless anyway. At the time the house was repossessed I was in credit with Halifax (so I was totally on top of my mortgage with them) and, as a result, Halifax did not agree to Blemain repossessing my home but they could not, apparently, stop them from doing it because the Court had ordered that Blemain could repossess. As a result of all this, I am currently renting a room in a shared house - which is a far cry from having a nice 3 bedroom home of my own (so to speak, even though it was mortgaged) with a lovely large garden. PLUS I still am in debt to Blemain to the tune of about £17k which, at the moment, I can't see how I could pay off because I'm not working currently. At the moment I am on a payment plan with them and pay only a nominal amount of £1 per month. So, my question is: Can I take any action against Blemain (now Together Money) to recover any money regarding the hugely excessive charges they piled on to my account and / or to cancel out the remaining amount? I would hugely appreciate any help and advice ! ! P.S. If anyone is wondering, the reason I had to take out a mortgage and a secured loan on the house (my family home) to be able to keep it on after my mum died was because she had a small amount outstanding at the time she died on the mortgage she had. I had to pay that off, PLUS I have two siblings who each had a third share in the equity of the house. as I was going to be keeping the house on, and it was not going to be sold on the open market, I had to raise enough money for them to be paid their third share each in the market value of the house.
  6. My home was repossessed by Acenden for SPML last April, and the sale completed on 28 November 2016. I have still not received the residual proceeds, amounting to >£133,000. Am I entitled to interest on this since the date of completion? I'm severely disabled, in temporary accommodation and my health, already known by Acenden to be very poor, is suffering. I need to buy a new home, I'm of an age where I'm eligible for an equity release mortgage, and there are much cheaper places to live than here. I desperately need to get out of here. Having read CAG Guide, can I sue Acenden for breach of the FCA Code of Conduct? It's a heavyweight document and would take me a long time to search for any pointers. Please, could someone at least point me to the section of it I need to read to find out? TIA.
  7. A first post, so hello. My home was repossessed six months ago and the estate agent’s website shows a notice saying Mortgagees in possession are now in receipt of an offer for the sum of £240,000 for [property]. Anyone wishing to place an offer on the property should contact [Estate agent’s details] before exchange of contracts or within the next 7 days whichever is sooner. This replaced a previous notice, first seen on 29 September 2016, specifying 28 days instead of the current ‘7 days’. What does this notice mean? Does it actually mean that a sale is proceeding but contracts haven’t yet been exchanged? The house isn’t advertised ‘Sold subject to contract’. I think this notice is meaningless as it doesn’t say when ‘the next 7 days’ runs from, it’s just an advertising gimmick. Isn’t the mortgage lender supposed to pay some attention to the defaulting mortgagor’s interests, and accept a reasonable offer? The asking price for the property is £250,000 so the offer, if it exists which I doubt, of £240,000 should be accepted. The outstanding loan is £65,000 and of course there will be costs for anything they think they can pile on. The agents refused to speak to me when I phoned to ask if a sale was proceeding. I’m housed by the Council and they can’t find out either. What are my legal rights in this situation? I made an appointment to see a solicitor in my local town but after going into their office and actually speaking to the man, I got the very definite impression that this new client (who also needs other services like a Will and executors of my estate as I don’t have family, and will pay for work done), wasn’t the kind of client they want. Any help would be very much appreciated. TIA. Ginger Mog
  8. Hi All I'm new to this site, another matter brought me here but thought I'd ask you knowledgeable bunch about this too (they are kind of related). In 2014 we stupidly had a vehicle from Credit4cars - we allowed voluntary repossession. The balance was removed and the account closed on my credit file but on my husbands it still shows as open with a balance??? Now, I appreciate that there would more than likely have been a shortfall in the auctioned amount and amount owed in finance but the amount on his credit file never changed and why would the balance go to £0 on mine and a closed account yet on my husbands still show as this? What do I need to do to get this updated on his credit file? I note they are in administration so not sure where to go really - contacted the credit reference agency and they said contact creditor. We've had a bad few years financially and we are finally getting sorted - trying to clean up credit files and this looks really bad. Thanks in advance for any advice you can give
  9. Hi all Last week I came out from work to find my car missing from my works car park (private land) I reported it stolen. Inside the car was my house keys (separate to my car keys) my purse containing £250 cash, all my credit/debit cards, driving licence and other bits and bobs. The time I reported the car stolen I rushed home panicking thinking that the thieves would be emptying my house as the house keys was inside. I had to get the house broken into so we could enter and have the locks changed in case the thieves returned to the house as my house keys were in the car. All night I had little sleep worrying over if anyone would come to the house the next morning I rung my insurance company to report the car stolen. I also remembered that the finance company who i had the car from said when i purchased it there may be a tracker inside I called them to tell them that the car was stolen and to ask if they could track it They tracked it and told me the location, which I pass the details onto the police. Around a hour later the police called me to say the car had been repossessed by the finance company! News and shock to me. I had problems paying the finance in december due to a temporary change in income and before I missed any payments i called the finance company who offered me a payment holiday and they said they would call me the end of january, beginning of february to renew the payment schedule again. I never received any contact from the company whatsoever. I called the finance company who said they were well within their rights to repossess my car, they said they have been calling and texting me but when we confirm phone numbers they recite it to me with one digit of the phone number wrong (funny as when they were selling me the car they were hounding me on the exact same number i have now upto 5 times a day) they said they have been emailing me (but they recite the email wrong too). They said I can call them monday to arranged for payment of the overdue amount (just under £500) and to arrange to get my belongings back. I call them today and was very rudely spoken to, the guy at credit control says a Default notice was issued back in december (I never received it or any contact from them) and he also said the car was repossessed from the public highway. The car was parked where I work on the landlords private carpark, definitely not on the roadside. We end up exchanging words and he hangs up on me. I eventually get them to agree for me to collect my belongings. I have just been to collect them and my purse is missing! It was 100% in the car, I had all my cards inside which I reported stolen last week, my driving licence is inside there along with my partners licence and no less than £250 cash. I refused to handover the V5 and keys and they say why should we look for your purse when you wont give us the V5 and keys. Where do i go from here. I have paid around £1000 plus £500 deposit on the car but less than a 1/3 of the agreement. I have not received any contact from these guys until now, definitely not had a default notice although they say they have sent one. I am without my purse and cant access any of my money until my new cards come through from the bank. My cash i had was in the purse and they haven't returned it to me saying its not there. Help
  10. Hello. I am new to this forum. I wish I had joined ages ago. Please bear with me because the full explanation of my situation is quite lengthy. The mortgage start date was 24/01/2008. No payment was missed until 07/2011. I had gone to university in 2009 as a mature student to pursue an undergraduate degree. I was working around my studies when that contract ended, it was difficult to find other employment due to the recession. I was only able to get two short-term contracts during the whole three year period. A repossession order was issued in June 2012. The order was suspended in September 2013 following an eviciton notice, my filing the N244, and a hearing. I was in employment and could afford to pay enough to cover payments and arrears by the end of the mortgage term. I kept to the arrangement for a full year but problems resurfaced when I went back to school for further study in September 2014. It should be noted that I secured part-time employment before resigning from my job to resume further study, aware that my monthly mortgage payment would soon reduce by over £500 due to my having paid off one ‘Element’ of the mortgage in full which meant I would be able to get by for the 1 year duration of the course. I however had to cancel the Direct Debit because my mortgage lender failed to amend the payment amount despite my communication with them, and attempted to take payment of the same amount as previously on two occasions. All this was explained in detail on an Application to Suspend the Warrant of Possession which I filed on 06/08/2015, but a hearing never took place because I came to an agreement with my mortgage lender. Under the new agreement, I was supposed to start making payments on September 2015. At the time, my course had ended and my part-time employment had become full-time. I changed my bank, had a few problems and missed that payment. I explained this to my mortgage lender in October. However, the real problem arose because I left the job shortly after due to some internal changes after a company takeover. I was not fired and therefore did not know how to communicate this to my mortgage lender, especially since I had no other means of making payment. I was also sure I would secure another job quite quickly it turns out I did not start a new job until the beginning of January 2016. Meanwhile, I had received an eviction notice sometime in Decebmer 2015. I filed an Application to Suspend the Warrant of Possession on the morning of the eviction and had an emergency hearing (9th February 2016). The judge was extremely dismissive. It was as if he had decided I was simply irresponsible. He was not even interested in my new job or ability to make the payments going forward. He dismissed my case on the basis that I had a bad payment record and he was not convinced I would keep to a new agreement. He also mentioned something about credit card debts which I had included in the "creditors" section of the Income & Expenditure form. He said my numerous credit card debts contradicted my statement that I live a simple lifestyle and he therefore did not accept that I could live on the amount stated on the form. The credit card debts are not new and have nothing to do with my lifestyle. They were incurred during my undergraduate degree. I told the judge this but he did not care. Credit card statements will demonstrate that that level of debt did not exist prior to 2009, but started and gradually grew during the period of study (mainly accommodation costs). These credit card debts have been included in the "creditors" section of every Income & Expenditure form I have submitted from the very beginning. They were there in September 2013 and during the full year that I was paying £1350 per month. My mortgage lender obviously did not have a problem with them when coming to that agreement and did not have a problem with them in August 2015 when agreeing that I should pay £1493.97 starting from September 2015. They do not seem to care that this was partly their fault. Had they adjusted the payment amount when they should have, I would have continued to make payments under the first arrangement up until October 2015. Now they are adamant that the only way I can get the property back is if I pay the mortgage balance in full, not just the arrears. Amount outstanding on mortgage - £50,469.71 Arrears - £24,541.81 Property value at last valuation - £105,000 (1 bed flat) Remaining mortgage term - 2.5 years Is there anything at all I can do? It has now been 6 days since I was evicted. Thanks in advance.
  11. I sold my house because I was made redundant in my mid-50's and was stuggling to get another job. I did eventually get another job and after three months I contacted my mortgage lender, First Direct, and asked them if in principle they would give me another mortgage if I downsized, with the idea being I would reduce my mortgage from £140k to around £80k. They said they would, so I went ahead with the sale. When I contacted FD again they said they would not lend as I hadn't been employed for at least six months in my new job. So I ended up renting. But was laid off again after another few months. So, I bought a flat - this was almost three years ago now. I did it up but couldn't live there as it turned out to be one bed and not two as i thought and freeholder insisted it was reinstated as one bed. I bought the flat at auction as I was unemployed and using the house capital to pay the rent which wasn't a good idea. So anyway, I have tried to sell it. There is a damp problem in the roof above my flat which is causing problems and ultimately I have lost three sales right at the last minute with the first loss due to no maintenance and the second two because of the damp. I have suffered periods of redundancy etc and so I had to have a bridging loan on the flat for trying to fix the damp and also to help with my living costs. The landlord keeps messing around and promises to fix the roof but never gets anything done. Now the loan has expired and the flat has been repossessed. This flat represents everything I have worked for in 40 years, but redundancy has caused me so many problems. When I bought the flat the landlord stated in writing (in the auction pack) that £11k had been spent on the roof but can only produce an invoice for £3k and the roofing agent's receptionist said there is no evidence of £11k being spent, but the roofer now refuses to discuss it. It sounds like accounting fraud etc to me but not sure how I can prove this. I didn't get a survey done as the auction pack came with a surveyor's report. (hindsight is a bummer!) What I need to know is: a) can I sue the landlord for the losses I will suffer when the flat is sold? It is worth around £110k on the open market but not with the damp, and I reckon the lenders will sell for a lot less. b) if I am able to prove fraud or some type of fraudulent/incorrect invoicing activity or false claims by the landlord, what am I able to do to gain compensation. This landlord has basically destroyed me - he knows his stuff whereas I don't really have a clue. He hates women and talks to me and my daughter as silly women - his words. I am losing the will to live, because not only do I have to pay an estate agent and exorbitant interest on the loan, I also have to pay maintenance charges and ground rent. He has not maintained the building and uses it to line his pockets. But I also have a £2.5k council tax bill because the council are now charging me 150% because the flat is empty. I have been well and truly stuffed by this landlord, the council, the lender, the agents, and basically the government for messing with my job in the first place. I now owe the lenders about £50k or just under and the other costs, we are looking at around £55k so I could be left owing money on the flat or getting next to nothing from the sale. I spoke to the lender, Petersbrook Securities, and they said they are obliged to sell with my interests in mind - I'm sure that's cobblers? Is anyone able to offer any advice, including the costs associated with taking any action? I am desperate. I haven't done anything about this since September when it was repossessed as I've been so depressed about it all, and couldn't deal with it, but I'm having an 'up' day and don't want this freeholder to get away with this. thank you
  12. On Aug 21 2015 I purchased a 2009 BMW 730i Ld privately (not from a trader or dealer). It had been advertised on Autotrader with a full 9 page HPI Check. I paid £12,500 by way of £12,000 bankers draft to the seller along with £500 cash. On 28th October a woman knocked on our front door saying she was from Bow County Court and wanted to speak to my wife in regards removing our vehicle in respect of a court order she held. The court order was from a finance company to the owner previous to the seller I purchased the car from. Transpires that the previous owner sold the car to the seller we bought from in July 2015 with finance of £7,000 still owing to the finance company. Our seller sold the car on to me within 1 month with what appears to be a forged HPI check stating there was no finance on the vehicle. The seller didn't register the vehicle as he said that because he was selling the car on so quickly, he didn't have time to register it. The 'Bailiff' who we later found out was a Collection Agent for the finance company said that she was removing the vehicle immediately from our front drive. She said that if we tried to prevent her from taking the car then a truck would come to lift the car off of our drive. My wife and I simply couldn't understand this was happening to us and has caused us huge distress. Concerned by her threat to forcibly lift the car from our drive, I phoned our solicitor (who doesn't specialise in matters of this kind) and he spoke to the collection agent saying that under section 27 of the Hire Purchase Act 1964, where a motor vehicle is subject to an HP or finance agreement, while the vendor does not own it and has no right to sell it, a private purchaser who buys the car in good faith without notice of the HP or conditional sale agreement obtains good title to it and that the collection agent therefore had no entitlement to our vehicle. Whilst I was speaking to Mr Lucas, the agent asked for the car key so she could take down the vehicle mileage. At that point I said I was calling the police as we had good title to the vehicle and she had no authority to remove it, especially from our property. I went into my house to call the police and a minute or two later looked out of our front facing window to see the vehicle was gone. A number of questions. 1. The finance company is now in possession of the vehicle, does this section 27 of the HPA 1964 require them to return the vehicle to me and if they refuse what are my options? I don't have the money to seek a solicitor to take out an injunction preventing them from selling the car / return the car to me. 2. If they refuse the car I don't have the money to issue proceedings in the court for the £12,500 I paid for the car in good faith, again, what are my options? 3. My car is probably worth about £13,500 as I spent £1,000 on repairs last month. The outstanding finance I understand is around £7,000. Do the finance company have the right to pocket the difference and is there anything I can do about this? 4. The collection agent falsely represented herself to us and our solicotor as a court bailiff, do we have redress against the collecion agency We now have no car and no money to purchase another one, it is all very distressing.
  13. Hi everyone, looking for some help on where to go now! My car was lifted by a logbook loan company today (Loans 2 go) apparently the previous owner took out a log book loan on the vehicle in March 2013. I bought the vehicle in May 2013 and had no correspondance sent from Loans 2 go to inform me that there was any outstanding finance on the vehicle. The guy who was loading my car onto his truck was the first I knew about it. I have spoken with Loans to go they say there is a £3000 loan outstanding (original loan was £650) and that I need to pay that to get the vehicle back. However the guy that sold it to me had the logbook (must of applied for a duplicate as L2G have a log book in their possession) and the check I did on my phone never flagged anything up as outstanding (I have since learnt these checks do not include finance information). I bought this car in good faith it was clean, he had a log book and all the numbers matched etc. What can I do who can I speak to to deal with this for me anything I say to them falls on deaf ears. We cannot afford a solicitor to deal with this I also want to send them copies of the receipts for the parts we bought for the vehicle which we want back as legally I own them!! Anyone know what I can do???
  14. Hello, I have never used anything like this before but me and my partner are desperate for some advice. On Friday we received a letter from the bank saying they are taking our case to court to start repossession proceeding due to mortgage arrears. The case is to be heard on November 5th 2014 and we are beside ourselves with worry. Here's the story: My partner took out a mortgage to buy the property we are both living in back in 2005 with his ex parter. They are both on the deeds although she paid nothing towards the deposit (that is another matter) They broke up in 2010 and she moved out with their two children to live with a new partner. Tom (my partner, home-owner) could only afford to stay in the house for a couple of months but as he was living alone and had just lost his job, he started to fall into arrears with the mortgage. His ex partner refused to pay any of the mortgage payments but insisted he still the property. She claimed she was entitled to half of the profits from the sale of the house and that is all she wanted. It was explained to her if the payments weren't made the house would be repossessed any way and she wouldn't have a penny. She still refused to pay my partner moved out and his father moved in as a paying tenant. He lived here for just over a year and Tom was finally able to start repaying the mortgage again. However as he still had no job he couldn't find the money to repay the arrears, so they along with interest kept on building. In 2013 Tom and I had a son together and we considered moving in to this place. At the time is wasn't realistic as he was still out of work and I was technically a single mum on benefits as Tom didn't live with me (he lived with his mum). In march 2013 not long after our son was born Toms ex partner informed him she was going to be moving over 100 miles away with his two children. Tom had no choice but to take this matter to court and over a period of 9 month he worked up a solicitor bill of over £5000. She still refused to repay the mortgage but still insisted that she was entitled to half of the profits if it sold. Again she tried to get her solicitor to make Tom sell the house. This was the last thing Tom wanted to do as the deposit he used to buy the house was from inheritance his late granddad had left him. We made the tough decision to move in here together in Feb 2014. I sold all of my things from my old house, gave the house back to the council and moved in with Tom, our son Charlie and my two other children from a previous relationship. We had come to an arrangement with the debt solicitors working on behalf of the bank to pay the mortgage payments of £410 and £170 extra per month to clear the arrears to make a total of £580 per month. They would not wavier the interest. Tom was still out of work but we were able to claim tax credits as a couple which we worked out would help to pay the mortgage as I was still out of work myself also. For a couple of months we were comfortably paying the mortgage and the extra amount to clear the arrears. However, in late April an opportunity for Tom to open his own shop came about that sounded too good to turn down. All of the equipment was there, the owner only wanted 1 month up front for the rent and we didn't have to pay any rates for the first year. As it is a butchers shop, stock was on week over week finance basis. This is something Tom had always wanted to do and after many long hours going over all the pros and cons he decided to give it a go. We had both tried for so long to get jobs as employees this seemed the only way to make money. We opened the shop in May 2014. although it is doing well, it still is not turning a profit. Some months we had to use money we didn't have to pay the shop rent or utility bills which set us back again with the mortgage payments. Last month we had lots of extra expenses such as school clothes for my two children, the school lunches money, swimming lessons and guitar lessons to pay for for the start of September. We have now fallen be-hide again. With Christmas just around the corner we have big concerns over how we are going to manage to pay anything. With Tom and I not earning from the shop, I am unable to take a second job due to child care issues and not being able to drive - the only money we have coming in is our tax credits and child benefit. We are literally living day to day as it is. We have no luxuries, we don't drink or smoke, we have cut down our food substantially, we never go out, we never buy new things and the children never get treats or new clothes or shoes. We are in desperate financial strains and this repossession order is the last thing we need. The letter states we now have nearly £4000 worth of arrears and they want it all paid or to come to a reasonable arrangement to re pay it before the court date of November 5th. There is no way we can find that sort of money and we have no one to ask for help. None of our parents have any savings at all, we have nothing we can sell and because we do not claim income support or job seekers allowance we aren't entitled to government help either. Toms ex partner still has nothing to do with us and still refuses to pay anything towards the repayments (she still says she owns half the house though) She did in the end move 100 miles away and so all her debt letters come to our address as they do not have her new one. They have both been sent the letters about the court date, notice of possession order and also a letter from HMRC (I think) about filling out an income/out goings and proposal for repayments but obviously we have hers. We haven't told her about these letters yet or that we have to go to court but even if we did she wouldn't pay a penny as she wants it sold any way. I know that I am classed as an entitled resident as I am Toms partner and we live together and this mine and my children only home therefore I will go to court with him, but what will happen if he's ex doesn't show up? We will be emailing her today to inform her of the actions being taken, but we know she'll want nothing to do with it. Please help us, we have no idea what to do to help us keep our home, we have no where else to go. Is there anything we can do to stand a chance of this not going to court? Or anything we can do to try to keep our home? Tom is intending to talk with the debt solicitors working on behalf of the bank today to try to come to some sort of arrangement but we have no idea what our rights are, what suggestions we should make or anything that might help us. He doesn't have any PPI protection and will not be able to take a repayment holiday. With the amount of CCJS against him he has a terrible credit history and will not under any circumstances be able to get a loan for the money to pay off the arrears. Please help us.
  15. Hi everyone, We are keen to find out if there have been situations similar to ours... We are currently in dispute with a well known car finance company.. 4 payments were missed (not Consecutively) and following expiration of the default notice the creditor had issued to us, they instructed a repo company to take back the vehicle. At the time of repossession we had not paid more than 1/3 of the total price. The night before, the repo company clamped the vehicle on our private driveway, and after a few un-productive telephone calls the next day (whilst we were at work), we arrived home to find the vehicle had been taken from our private drive, without our consent. It's worth noting by term private driveway I mean land owned by us, as confirmed by our land registry deeds. Not enclosed or gated drive etc. We are in the process of going to court over this as S92 of the CCA 1974 states they cannot repo from private land without a court order. I'm also aware they're not allowed to clamp on private property either. The creditors defence is centred around the fact they did not believe it was private land and they have submitted their evidence in preparation for the hearing. Does anyone have any case law to support a debtor in this particular dispute ? particularly relating to the interpretation of 'private drive' ?. The web forums are full of success stories when the debtor has paid 1/3 or more, but nothing appears for situations where the paid monies are under this. CCA 1974 states that the breach is actionable as a breach of statutory duty. Thanks in advance.
  16. Hi guys,heres my story,hope you can give me some good advice. Approx 20 odd years ago I was self employed with an expanding familly and took out a loan secured against my house with a firm called J & J Securities to build an extension to my property. A few months later because of the recession my business collapsed leaving me with little income. My main mortgage provider was very helpfull but J & J took me to court suing for repossession. The courts found in their favour and my house was repossessed. I was later contacted by a firm called Knowle Portfolio who claimed there was still a debt outstanding and demanded repayment. I was advised by Citizens advice at that time to make token repayments to them which they agreed to. I have stuck to these repayments despite the severe hardship it caused me initially. I have now been contacted by a firm called Asset Recovery uk demanding an increase of repayments or they would take me to court to get a charge against my present property and also they would reinstate interest charges from the date of the debts start. They also want to a financial summary of my present situation and say that if I do not provide them with the necessary information they would have to send someone to my present home to discuss my financial situation. Sorry my story is so long but Ireally would appreciate any advice
  17. Hello, My house was repossessed. It was a 'buy to let' mortgage with HBOS. Is it possible to get the house back? It has only recently been repossessed.
  18. morning all i think im going to claim against kensington on behalf of my two sis in laws one of whom lost her home and is now in rented although she didnt keep up with payments (split up with partner) and they repossessed her home she hasnt even got any paperwork from the repossession etc but i KNOW there will be loads of charges there also other sis in law who is being hammered by £50 charges often what i find is strange is the fact that in the last week i have rang one has said she is in line with the court order imposed at £9 per month above the contractual £199.99 per month and the other said she is in arrears to the tune of £400+ she was on a payment plan although in default according to phone call 2 she was in default according to number 1 however when i asked in line with the court order they said in default by 40p so we promptly paid £1 on her credit file last time she defaulted was may they just tried to add councellor fees on but i cancelled this she has recently been treated for mental health issues and has been told to get letter from gp which we have requested and will forward a copy to them in the first instance i am going to sar on behalf of the two SIL's wish me luck i will update as we go along here
  19. Hello, In 2008, HBOS repossessed a house. This happened because: 1. HBOS did not follow my instructions to make direct debit adjustments to my personal bank account and neither did they update my address (to a property not mortgaged by themselves). 2. Mortgage monthly payments were not made in respect of two houses. 3. Because of the failing in #1 above, I did not receive any communication that there was a problem. I only found out about the problem after a tenant called me saying that she had received a 'Notice of Eviction' from the court. I contacted the bank by way of letter complaining that due to their inability to make changes to the bank account which I requested in #1 above, I now had mortgage arrears. The banks response to my letter was to immediately close down my personal account without giving me any notice as to their intentions. This left me without a personal bank account. Their other response to my complaint relating to the causation of the mortgage arrears was to totally ignore my complaint and not provide me with any answers. As soon as I discovered from the tenant that she had a Notice Of Eviction, I phoned HBOS to ascertain why this had happened. As soon as I understood that HBOS had failed to act upon my instructions for my bank account (direct debits, update address), I then asked HBOS whether the eviction and repossession would be stopped if i cleared the arrears. HBOS reply to this was YES. I also asked whether I could simply make one lump payment to HBOS and they would split it between the both account. HBOS reply to this was YES. The total amount of arrears between the 2 houses amounted to approx £4,000.00 I paid £5,000.00 in order to clear the arrears and: a) Pay off extra capital on the loans, or alternatively: b) To make an overpayment just incase my direct debit for the following month was not actioned within time. Essentially, between the 2 HBOS mortgage accounts, whilst there had been arrears (through no fault of my own) I had cleared the arrears and put the account into credit. After paying this amount to HBOS and upon checking everything was in order, I was informed that HBOS could not split the payment = contrary to what I was told by HBOS earlier. HBOS told me that unless I was in a position to clear the total arrears on the second property that repossession would go ahead. I again explained to HBOS the fact that I had an arrangement with them and that I was told the payment would be split to which HBOS replied that it is impossible to split payments and that repossession would go ahead unless I was in a position to clear the total arrears before said repossession date. Having already paid out £5,000.00, I was not in a financial position to immediately find the £2,000.00 they were demanding from me, as they were in my opinion refusing to budge or help me in any way (to adhere to the information I was first told that payments would be split) then I decided to go to court and let a Judge decide. AT COURT: I arrive early with my paperwork in order. My paperwork included much of what I described as above as a letter to the Judge and the banks solicitor. In addition to what I described as above, my paperwork included a receipt for the £5,000.00 payment in addition to mortgage statements which clearly showed that between the 2 mortgage accounts I was now essentially in credit - therefore, no arrears. Unfortunately, the banks solicitor was over 2 hours late. Because the solicitor was 2 hours late I had to return to my car to buy another parking ticket. Unfortunately, because I was highly stressed in the fact that a tenant could lose their home through no fault of their own, I left my paperwork / proof in the car!!! Upon returning to Court, I was told that the Judge was waiting for me!!!!! Waiting for me for a full 5 minutes, whilst waiting for the banks solicitor for 2 hours... Within court, the Judge ruled that the repossession and eviction go ahead (that day) because there was no proof of what the bank had said and also no proof that I had paid £5,000.00 I asked whether I could be allowed 5 minutes in order for me to get my paperwork and was told this would not be allowed. Incidentally, the banks solicitor spoke with me for about 2 minutes before court and within court proceeded to say a lot of things that were completely untrue, - for example, I was experiencing struggle in payments (this could have been easily disproved with my paperwork as I was not struggling at all). Complaint to bank resulted in me being ignored. I then had a meeting with a bank manager and she was surprised that my account had been closed down - she could not tell me who or why it had been closed down but she did recognise my serious complaint. She said that she would have one of her colleagues deal with this. Needless to say I was ignored after this. Further letters of complaint were ignored. Approx 3 years ago, as the bank had failed in their duty to provide me with a subject access request as well as failing to answer my complaints, I managed to obtain an appointment with a new bank manager. I showed the new bank manager copies of my correspondence and also said that this matter had been going on long enough. I explained to the bank manager that unless he was willing to deal with my complaint within a reasonable amount of time (i gave 2 weeks), then I would be standing outside his bank with leaflets giving the leaflets out to customers and public highlighting the fact that the bank has made a serious error and is refusing to deal with my complaint accordingly. I also mentioned the fact that I had checked with the local police who provided me with advice concerning the legality of my proposed actions. The bank manager said that he would deal with my complaint... To cut a long story short regarding that complaint, - the bank manager faxed my letter of complaint to another manager who would deal with me. I was then informed by said manager after 8 weeks that they could not read my complaint as the ink was smudged. The bank did give me my subject access request, though incomplete and it was missing important information. The house that was repossessed cost me: £16,000.00 as a deposit for the mortgage £15,000.00 in repairs on the property - it was still undergoing repairs on the repossession day. Numerous other expenses totalling approx £5,000.00 The bank has ignored me continually and was told by FSA??? (cant remember) that due to the length of time, they are unable to investigate. I explained to them that I considered this to be unfair as the bank ignored my complaints continuously, however that did not have an effect on the fact that they said they could not investigate. My other losses are inability to obtain mortgages at a more favourable rate since the repossession has had an effect on my credit record. Other information: The purchase price of the house was £80,000.00, my mortgage was for £64,000.00 and the house was sold for around £59,000.00 causing me to have a debt of £5,000.00 which was then transferred onto the other property. Sorry for a long post, hope it makes sense... Thanks in advance for any help with this!
  20. Hi I have had my home repossessed and on day of eviction tried to get my friend to pay the arrears off for me. company agreed to aceept this but when my friend called to make payment they wouldnt accept, what can i do ??
  21. Bailiffs turned up totally unexpectedly at my office yesterday and repossessed my car! The car taken on a contract hire agreement in July 2011 for 2 years at which time my company was trading as a limited company. In October 2011 we changed the format of our business from a limited company to a partnership. We informed the leasing company by telephone, gave them different bank account details for the new company and they have subsequently been taking the monthly payments by direct debit from the partnership bank account. All payments have been made on time and not one payment has ever been missed. In July this year the contract expired and I was invited to extend it for another year, which I did. Then yesterday bailiffs turned up and took the car saying that the contract agreement was void because the agreement was made with our limited company which no longer exists. However for the past 18 months we have been trading as a partnership, the lease company have been taking the payments from the partnership bank account, the ownership of our business has not changed nor has the address/telephone number, etc. My question is... ..can they legally take the car without giving me any prior notice whatsoever. I didn't receive any correspondence at all from them, not even a phone call, to say that there was a problem with the lease. I had no time to try to sort this out, my business which relies heavily on the use of my car, has been severly disrupted and the shock of being left in this situation is awful. Surely I should have at least been informed that there was a problem? What can I do about this? Many thanks for your help.
  22. Just a quick question. CCJ which was made into a charging order. The CCJ ran out 7years ago. The house was repossessed 6 years ago. There was no capital left on the house when sold. My questions are. What happens with the charging order? The creditor was not informed that the house was repossessed. Can the creditor go back to the court to have the CCJ reinstated? I rent a property so they cant charge on that.
  23. Hello, I hope someone can give me some advice we moved to oz 2 years ago as my husband and I had hit rock bottom, no jobs and cc debt from trying to start a business for my husband to be self employed as a trade. We left behind our life and moved for a simple life to oz with our children as my health was very Badly affected we also left our home as in neg equity and arrears with no way of selling. We moved here with nothing and have slowly got back on our feet we pay cash for what we need and have a small surplus each month due to frugal budgeting, we our happy for the first time in a long time and kids our settled, we our now residents and hope to get our own home at some point. I found out that our home was sold for £80 k less so we will have a debt the company have no idea where we are as we have had no contact since we left, the cc debts are with multiple cards ranging in amount but total I think about 35 k. I have read the cc debt cannot be enforced here but unsure about the mortgage shortfall. The only reason I am anxious is the home phone has rung a few times and I called back and it is a debt collection agency, I gave no details just hung up. I've not spoke to my husband as I know he'll start to worry. I feel very ashamed about running away but had no choice and had to think of my kids and my health, I'm still on medication for anxiety but need to sort this out alone, sorry for the life story now do I file for bankruptcy and contact mortgage company? I can't even remember who we owed money too:| thanks for reading
  24. Hi, I am very new to this forum business and don't really understand how it all works but would be very grateful if anyone could offer me some advice as to whether there is anything that I can do about my vehicle being repossessed?? I refer to the vehicle as mine, although, it was on HP in my husband's name with Black Horse. The first I knew about the vehicle being repossessed is when an agent knocked on my door at 6.50am on Tuesday morning! We had received no correspondence from Black Horse advising us the account was in arrears nor have they logged a default on my husband's credit file. We moved house in July 2013 and informed Black Horse, in writing, of our new address, however, the only piece of correspondence given to us by the repossession agent (Anglia) 'Notice of Termination' from the Asset Recovery Department of Black Horse was issued to our old address. We were also given a piece of paper (by the agent) headed 'other relevant information' , which states that they have made numerous visits to our new address, although there is no evidence of this, however, it is proof that they have our new address. We have missed 5 payments on the vehicle. Following investigation, I have concluded that all of our direct debits were transferred to a new account and the old account closed. The Black horse payment was not transferred as it was standing order. Was the repossession agent within his rights to take the vehicle when no default had been issued on my husband's credit file and we had not received any correspondence at all from Black Horse, I.e. A pre-possession notice that would have allowed us 15 days to make arrangements to avoid the repossession. Upon contacting Black Horse on the day of repossession, I was told by them that we could pay the arrears (£1495.02) and get the vehicle back. However, the repossession agents would not allow this so Black Horse then requested the full settlement of £8413. This was because the vehicle had already arrived at the auction site before we made contact with Black Horse - what did they expect when the vehicle was driven away just after 7am! I have 3 children, 2 of which I need to get to school. I also require my vehicle for my job (courier). No car means no job! Any advice on whether/how I can get the vehicle back would be appreciated. Many thanks. p.s. Paying the full settlement of £8413 is not feasible).
  25. I have had a mortgage with Acenden (was Southern Pacific) since 2005 and have not been able to pay the mortgage for some time. To cut a long story short, I tried to negotiate a plan to repay the arrears as a small amount each month which was rejected as it was clear that I couldn't afford to start repaying the mortgage & arrears. A date was set for court and I admitted to a representative of Acenden (over the telephone) that I was terrified of going to court and I asked if it was essential that I attended. I also now live 200 miles from the house & the town where the court is. She said that it would be fine if I didn't attend and it would go ahead regardless - I later learned that I definitely should have attended! The judge decided that as I wasn't living at the house that the repossession should be immediate (15th Jan). As I haven't lived there for some time, this is not the problem. One of the main problems I have is that my Dad has been storing some of his things at the house and was hoping to get in and remove them. He can't get a van until 24th Jan. Will he get into trouble if he enters the house and collects his things? He'll only be in there for about half an hour. The other problem is that I already suffer with anxiety & depression and at the moment I am really struggling to cope with this whole mess. I spend all my time panicking that people are going to turn up at the house I live in now (rented from a kind friend) and take everything away from me or that the police are going to come and arrest me. Please can anyone help me? I understand that the house will now be sold and I will be responsible for any shortfall. How long does this take to go through? Also, the mortgage people don't know my new address and I am terrified of telling them in-case they start coming round etc. I admit that I have been rubbish at keeping in touch with them but every time I speak on the phone to anyone related to this I just burst into tears and it's making my anxiety worse.
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