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Found 221 results

  1. Hi, I am extremely worried about the possible eviction. I have mortgage with Birmingham Midshires. I live in the property with my mother who is 68, wife and four children age from 1 to 6. Back in 2009 I had mortgage arrears for which court granted the suspended repossession order on the terms that I pay £100 towards the arrears every month. which I did. After some time the lender capitalized the arrears. After few years i got in arrears again but situation got worse because how the payment team at lender dealt with my account. I made complaint on 2 occasions. My complaint was resolved by awarding me the payment of £100 on one occasion and another time £250. February last year I was in arrears, I contacted the lender but ended up in dispute on the way my account was being handled. I complaint to financial ombudsman. They contacted me and lender few time. Until today i don't know the outcome. Now i have received a letter from court for hearing on 23rd Jan. The lender has applied to the court for the decision on to "The Claimant respectfully requests that the court make the following Order" "The Claimant permission to apply for a Warrant of Possession pursuant to CPR 83.2(3)(a) and that permission shall remain valid for 6 years from the date permission is granted". The arrears are around £13k. I am in a position to make ongoing monthly payment as well as substantial amount towards arrears. Can you please advise what the lender is asking the court? Are they asking for eviction warrant? I am very worried because if the y get the eviction order on the hearing on 23rd i have no where to take my children to. Please help how can I defend this as well as is this hearing for eviction? If so, how soon this can happen? Have i lost all now? Thanks.
  2. Hi Has anybody heard of Alev Uk secured credit ltd. Can’t find a great deal about them. It’s regarding a shortfall on the mortgage after a repossession. Never had a mortgage with them, I’m presume they have bought an old debt. We have never had contact with the lender since repossession 10 years ago! Any help would be appreciated.
  3. Hi there, Is there anyone out there who can help me? We have a former GMAC mortgage that went over to mortgage Express. We were keeping up with the mortgage until I finally succumbed to my illness and disability. We are currently five months in arrears which works out to be £4250. I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage. We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago. I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed. All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years. I will be able to work part time and an employer is willing to let me do this fitting around all my issues. My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital. overall a loss of income. We have managed to stabilise our position, but need to sort out the mortgage arrears. We were in arrears a few years ago with MX and it was hell. Four of five phone calls a day, refusal to accept a deal, threats of a home visit etc. we changed our phone number, managed to pay off the debt and were debt free for three years. How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action? We had a knock at the door which was out of the blue. It was an advisor and valuer from them. We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us. Despite our telling him to go away, he came back four times, each time was when our neighbours were coming home from work. He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears. our neighbours know our business. Can someone point me towards a letter template our help me out with one to send them as soon as possible? I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession. I know the court might end up giving possession and then stay it, but it is a worry I could do without. I get full DLA, I am as previously stated in a wheelchair. I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital. Please help.
  4. Hello Needing some assistance re mortgage arrears and threat of repossession. The mortgage in question is with Halifax (interest only). I should mention that I am trying to help out my aunt who lives abroad. Having decided to move overseas, my aunt left her property under a letting agency. The bank were aware of the property being rented. Due to poor management of the letting agent, monies were not received in a timely manner and eventually mortgage arrears mounted. To cut a log story short, the property is now under a new estate agent and things are steadily getting better. The mortgage arrears are just over £500 and another payment due shortly. By the end of this month its likely the arrears will be close to £1000. I know this is not an overly large amount, but my aunt is not working and not in a position to find this money. Halifax have written and have indicated they will instruct solicitors to begin legal proceedings to repossess the property if any more payments are missed or if contact is not made. I am aware that Halifax have applied late fees etc and other charges but possibly not enough wipe out the current debt. My main concern is to stop the repossession and wanting to know what is the best course of action? I would be grateful for any suggestions. Many thanks MBK.
  5. Hi All, Apologies if this has been asked, I am sure it has been but I cannot see it. I have a moneybarn HP agreement. I am in arrears of 3 months, and they have issues a default notice (allegedly). I am able to meet my monthly payment of £195 but they will not set up an arrangement because I can only offer them £200pm at present. I have paid £7070.04 of my £10391 arrangement so 68% of my total arrangement. Can they repossess? even if I pay the £200pm on the online portal so they are still getting a contractual payment? Thanks
  6. Hello, In a nutshell, I left the UK in 1990 to live in France, was unable to keep up mortgage payments and unable to sell resulting in a repossession in 1991. A DCA chased me (I don't know whether they purchased the debt or were working on a commission basis), the last I heard from them was about 1997. Since 1999 I have been living in Italy and have rebuilt myself. Neither the DCA nor mortgage company have contacted me since 1997, but I do not think that they have my address. There are no CCJs listed against me at my last UK address. Is there anything that they can do now as I continue to be a non-resident? If my address became available is there anything that could be served against me? Thanks for any advice...
  7. Hi, I was repo'd 4 years ago but have nothing showing on my credit file and can't see anything on the registry trust website for either of my two previous address including my repo'd address. The whole court case dragged on for a couple of years as we tried to sell the property but eventually the court granted the decree for repossession. The mortgage no longer shows in my credit file (previously showed as settled although there was negative equity when bank sold it) having checked on noddle, clearscore and checkmyfile. Where are repossession decrees recorded in Scotland? As there was no money featured in the decree would it even be registered? Am I free of this now or is there another register that lenders could access and see the decree or my old mortgage arrears? Thanks in advance. Been a while since been here used be -1 in user name but can't access the email address I used back then so have resigned up.
  8. I had about £4,200 mortgage arrears and a few broken payment arrangements with Mortgage Express, so they decided to repossess. We got the court papers through and I knew that I could call on family to help pay off the arrears or at least some of them. In the end I was able to make a payment of £2,300, leaving a balance of just under £1,900. When I made the payment I asked Mortgage Express if they would consider making an arrangement and cancelling court action, but they insisted that it would be better to bring it to court and get a court-backed payment arrangement. As I had hoped to clear the arrears so that the matter wouldn't go to court, I was badly prepared for the court hearing and the judge decided to award an outright possession order to Mortgage Express. He decided that my income was insufficient to even make regular payments, let alone clear arrears so decided outright possession was the answer. I really felt that he was very condescending and in direct contrast to two other judges I have had to interact with in regard to a loan last year. I tried to explain that the reason for the problem was no income for the last 3 months and that I was expecting money through in the next few weeks, but his response was "too many if's and maybe's". I felt he had no regard for what I said, that I have 4 children, that I fully expect to be able to clear arrears, etc. so the question is, what do I do now? He has given 56 days to vacate our property and has given no consideration to the fact that rent will cost twice as much as our monthly mortgage payments. If I had known this was going to happen I would have taken out payday loans at astronomical interest to clear the mortgage arrears and then worry about paying them back later - the interest would be lower than the £600 court fees I now need to pay as well. Any helpful insight or advice would be much appreciated.
  9. 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.
  10. 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?
  11. Can anyone advise me please . I have had a 3 seater and 2 seater sofas off a rent to buy company called Local Appliance Rentals , payments £15 a week , now due to a change in financial circumstances have fallen behind by 5 weeks , have had no letters of arrears , just an undated card put through my door which i seen last Friday morning giving me 5 days to pay , tried to borrow money ,but no success. Today a letter been put through my letterbox by hand headed REPOSSESSIONS OF YOUR RENTAL GOODS , stating after repeated attempts to contact me it appears i have no intention of paying or honouring my rental agreement and are now required by law to give me 30 days notice of collection of my sofas ,will be at my house in 30 days time . Can they enter without a warrant ? can they refuse a reduced amount monthly ? also i suffer severe depression, anxiety, which I have lots of evidence of , any advise please. I have only had them for about 4 months over a 2 year term Thank you
  12. Hi, I don't know if I'm posting this in the right place but I need help. My daughters boyfriend has just received an eviction notice, stating the eviction will take pkace a week on Thursday. I'm currently sketchy on the details but it's all due to problems with housing benefits etc. Hes had a nightmare of a couple f years, he was persuaded to take a 16 hour a week job because he was on DLA and could claim working tax credits, he also kept his housing benefit. He then lost his claim to DLA when he had to change to pip and so lost his working tax credits. He also lost his housing benefit but that was reinstated. Currently he has a total income of £120 per week and is supposed to be paying towards his rent as his housing benefit doesn't cover it all. Now he's buried his head in the sand, my daughter had just phoned me to say that he's being evicted and the eviction notice was delivered on Saturday morning. He has tried to contact the council today to see if there is any way he can stop the eviction and they have said no not unless he pays all of the arrears. I don't know if the amount they are wanting includes all of the costs that will have been added to the debt outstanding. Is there anything at all that can be done to help him keep his home or are we looking at a lost cause?
  13. Hello, I had a suspended repossession order in 2006. I had paid the arrears when received the court papers and subsequently rang the solicitor who was dealing with the case. He told me it wouldn't go to court as I had paid the arrears. Long story short they still went ahead and I ended up with the order. I realise I can never get the order taken off the house but I have read that I can apply to the court so they have to take it back to court for repossession, instead of just being able to go straight for evicition as they can now. I cannot find the court papers and wonder if there was anyway of getting a copy of the order, plus could anyone telling me which court form it would be I have to ask for.
  14. Hi Folks, Looking for some advice. I've been unemployed for 15 months. I have had an arrangement in place with Nationwide to just pay the interest on my mortgage, for about 8 months or so. Normally every 3 months they extend the arrangement for another 3 months after getting me to go through my income/expenditure. Last time they only extended it for 2 months as I was unfortunate to speak to a stroppy adviser on the mortgage team. She said it can't be extended indefinitely and I would need to call again in August. I've a couple of weeks temp work coming up and the two questions I have are: Could I not just switch my mortgage to Interest-Only, I'm currently on a standard variable rate of 2.54 %. I briefly spoke to someone on the desk at my Nationwide local branch, and he said to do that I would need to take out an endowment policy as I do not have 150K equity in the house. My significant other, who has her own house, went Interest-Only about a year and a half ago, and she was not required to take out an Endowment Policy at her Mortgage Provider. Is that requirement set-in stone somewhere, or does it vary from bank to bank Is it worth me talking to a mortgage adviser at the Nationwide. I'm not in a position to afford a policy. My second question is with regard to Mortgage Interest Relief (MIR) that the DWP pay. If I work for 2-3 weeks, when the temp work is over, I was told I could do a Rapid Re-claim for JSA and that my claim for MIR would also be linked to the re-claim and I would continue to get it. Is that the case? Any advice would be most appreciated. Cheers Tez
  15. I fell behind on payment due to illness. Long and short of it is that FRF are threatening repossession. the vehicle is worth 1.5k. at auction it will get max £500. a trade garage who valued said they wiould pay the finance company 1.5 direct and deal direct. First Response tell me the garage would have to pay the full amount outstanding of 4k. if i VT i am liable for the balance after auction. i assume this is process. but if i am able to make the vakue of the vehicle does anyone know if other finace companies who have accepted this. has anyone had repossesion dealings with this company. Not the most customer friendly but it is what it is.
  16. Hi ALL Have a question i have suspended possession in my mortgage that was due to start on the first of the month but had some cheques bounce so phoned the mortgage company and asked them if i could pay it on the 10th they agreed but have just found out the cheques have bounced again if i dont pay on the 10th can the take me straight back to court for full repossession
  17. HI I had my house repossessed in March 2011 and have lost all the documents from the mortgage company and court with the details on and urgently need these so I can go on my local councils housing register. The annoying thing the homeless prevention team at the same council were given copies of this at the time so they could help me and my family in getting a new home but the part that deals with putting you on the housing register says they can't speak to that department to get these details, they need to see the documents for themselves (just being bloody awkward if you ask me!) Would I be able to obtain these from the court or the land registry or do I need to get in touch with my old lender (Northern Rock?) Thanks
  18. They want to Evict me,can you help. Can someone please advise what I can do to stop Elderbridge (company that purchased from Barclays, all Firstplus accounts) evicting me from my house, I have received a letter today from Elderbridge stating that they are instructing their solicitors (Eversheds) to ask the court to set a date for Elderbridge to take possession of my property. What I want to know is if they can do this as the original repossession order was granted to Firstplus who have gone bust (and then taken on by Barclays as they were the bank that set up Firstplus) Last year Barclays sold my outstanding account to Elderbridge, does that mean that they automaticity have the right to use the suspended repossession order to start eviction process? If yes how do I contact the courts to stop this eviction and make payments to this new company Elderbridge. Account Balance £64,809.59 Arrears Balance £64,722.09 how can Firstplus, Barclays have let my arrears get so high and charge me 7.8% intrest, I have asked all of the above to stop charging interest but have all refused.
  19. I feel as though I am drowning! Just come home to a warrant for possession of my home. Is there anything I can do...??? I spoke with the mortgage company earlier today, they tell me if I can make 2 months payments, and a little off the arrears, they think they can help, and I should go back to court (how?). I will not be getting my earnings until the end of March, from my previous employer, but do have a new job, beginning in mid April, but no earnings of course for a month. My house is on the market, much reduced with an interested buyer, but I don't see anything happening before 11 March. I also wondered if I could auction it myself, would that help to persuade them to let me stay. I want out of here so much, but on my terms, so I do actually have a little something to start again with, and not lose it in a few days. Anything anyone can suggest... please, I don't know what to do next.
  20. Hi and thank you for reading this Following a relationship breakdown last year I had the indignity of having my car repossesed by Moneybarn. My boss tried to intervene and talk to them saying that if they did not go ahead with the repo she would ensure that money was deducted at source and sent straight to them. They were quite rude and aggressive (the reason why I gave up trying to talk to them) and rejected this and I allowed them to collect the car from an agreed location. As I had not paid one third of the finance off I acknowledged I couldnt fight them. The car was a 1ltr Toyota Aygo which I purchased for around £6,000. They sold it at auction for £3,000 and told me I owed them £8,000 in interest for the balance of the four year loan. I told them to get on with it! Last Saturday I received a county court claim from Moneybarn claiming around £8,500 from me. As they knowingly sold the car at an undervalue can I defend this in any way? As it is I have nothing to pay them with, I work and after paying my way there is little left especially to pay for non-existent interest. I have until next Friday to respond - yes I know I should have done something sooner but I have been running the office as my boss had to spend the week attending to a dying relative. Moneybarn has to be the most ignorant organisation I have ever dealt with. I have been patronised by someone possibly younger than my own son, spoken at and talked over. This is why I ignored them. I have an anxiety disorder and cannot do confrontation without going to the extreme of caving in or losing it completely. Can I defend this? What can I do? Any suggestions please folks
  21. On friday (12/05/2017) I recieved a letter from court containing general Form Of Order saying: The date on the order was the 20 April 2017 but the the date on the covering letter that came with it is 05 May 2017. I didn't receive the letter till the 12 May 2017. The background to this case is as follow: Around 2008/2009 due becoming unemployed, Halifax got a suspended possession order against my property. I managed to to get back into employment and kept up with the payment terms and eventually the arrears were rolled onto the mortgage. Unfortunately in 2015 I lost my job once more and have again fallen behind with my mortgage again. Due to only being able to get temporary agency work I tried to make payments towards the mortgage whenever I could afford to. In January this year I started work as a self employed minicab driver. Also around this time I was contacted by ascent legal saying they had been instructed by Halifax to start legal proceedings repossess the property as they still had the possession order from 2008/2009. One of their agents also visited the property but I wasn't home at the time and left a card. I called him back and told him I was working on a income/expenditure budget with Stepchange which I would forward on to Ascent when complete. I emailed (to email address on the card left by the agent) the copy of the budget together with an offer to pay
  22. Hi any help would be great, Im at my wits end. Back story - 7 years ago I was finished from my job on health issues, was put on ESA, but then taken off because of their incompetence ( thats another story). Anyhoo , long story short, gained around £10000 in Mortgage arrears and when to court for an order of possession , which was suspended....had a few bumps along the way , but ironed the out with Mortgages PLC, we have so far payed back £5000. Just 2 months before Christmas last year, missed 2 payments due to lack of funds, car issues etc...Morg PLC sent out an advisor to see what was occurring and set up an new agreement. Was told by the advisor that we would receive confirmation of acceptance of agreement, and to make payment 1/1/17 . Because of the NY etc, didn't know that agreement was accepted or not, but made the basic mortgage payment. Had a letter yesterday morning stating that we have failed to pay mortgage arrears under the terms of the possession order, so I rang them. The guy stated that the agreement was not accepted as we have unsecured debt items on the budget (£200 pm) submitted to them. These items where there before, and the offer of £100 over the mortgage payment was the same as before. He said that the only way I could go forwards was to contact a debt service and set up an agreement with them, to not pay the unsecured debt fully and reduce it to £30 a month, then pay the rest to Mortgages PLC.. Sounds fair , but I stated to him that we could save more and pay £200 above the Mortgage payment, but he didn't seem interested to pass this information on over to the collections dept. Would it be worth ringing again to try to speak to someone else, or do I have to use the dept service ? This is some thing I really don't want to go down, some items I pay for are HP, laptops for college kids etc, they need them for eduction, I would sooner make a agreement directly. If they did push for the order of possession, could I go back and fight my case again...? I admit we where in the wrong for not keeping up the order, but after we have shown willing for 4-5 years paying back £5000 surely this means that we are committed to repay the arrears? Any help would be great.
  23. Its a first post I'll be brief. One year left on mortgage. trouble with payments, only £7000 left to pay and will be paid off next year. Santander want to threaten me with litigation and take me to court. I was forced to take early retirement couple of years ago due to cancer. Any advice? going through the usual channels RE debt advice, expenditure etc cheers guys Meicimac
  24. Sent this email to moneybarn today, to be honest don't even know if I have a leg to stand on if we ended up in court. I have removed my address and name but everything else is correct. My main grievances are the fact that when I was contacted about my account in October I offered to pay any arrears up front immediately and had returned to work and gave every bit of information I could to help at the time (I have emails showing my willingness to pay and continue with our agreement). Also after the car was repossessed they sold it in the same condition, plus a few extra miles, I bought it in for around half what I had paid for it 6 months earlier. Is that even legal?. Thanks for any help or replies, first time poster so any help would be appreciated! LETTER BEFORE ACTION 02 November 2016 ***** ***** ******** **** ********* ******** ****** ******** ***** Agreement number: ****** Registration Number: ******* I am contacting you today to inform you I intend to start court proceedings against your company regarding the current default I have on my credit file and the way you bullied and intimidated me into repossessing my car and destroying my credit score. I entered into a credit agreement with your company on the 12/06/2015. The total amount of credit was £7795.00, the total amount payable was £14,948.28 and the term of agreement was 60 months. I was informed in October 2015 that my account was in default by some £470 and I informed you that I had recently lost my job but was in the process of finding work, I subsequently found a new job and informed you of such. I was in contact with a member of your staff a Mr **** *****, firstly via phone and then via email. I informed Mr ***** of my situation and forwarded over Octobers bank statement and a letter from Ingeus who had recently helped me find a new job. I informed him I could make payment of any default sums immediately and was told that I had to provide proof I was back in employment to avoid repossession and termination of our agreement, despite my offer of complete payment of default sums. I then informed Mr ***** on 11/11/2015 that I was awaiting another letter from ingeus confirming that I had found new employment to satisfy his need for proof of employment, or that I could send over my pay slip on the 27/11/2015 again to prove employment. I also suggested he contact my employer via phone to which he declined. Neither of these attempts to sort out our problem amicably worked, with Mr ***** changing his mind on what information I had to provide each time I sent over what he had asked for. On the 17/11/2015 I informed Mr ***** of my intention to request a time order from the high court, to which I received a email back stating "Do you have a redundancy letter from your old employer or documents to confirm you signed on as unemployed. We have been asking for this for ages and still not been supplied. We will re instruct the agents tomorrow if they are not received today." As soon as I received this email I replied with a letter from the job centre, showing that I was in fact currently on Universal Credit which is a form of benefit payment which I could only receive if I were currently unemployed. Again the information I provided was deemed to be insufficient, with Mr ***** now moving the goalposts once again and insisting I show proof I had been made redundant something which I had never mentioned or made any indication that it was what had happened. I made a last attempt to make payment to clear any outstanding balances and late fees which was rejected on the 18/11/15. I was then informed the case had been passed to litigation and the car would be and was subsequently repossessed. Once the dust had settled and car the was repossessed I was then informed that the car had been sold and the amount would be removed from the outstanding balance. To my absolute disgust I was informed the car had been sold for somewhere in between £3000-£4000 (I cannot remember the exact figure but I will be requesting copies later) a mere 6 months after the car had been bought for £7795. The amount currently outstanding between both parties is £10,856.00. Firstly I want this default removed from my credit file as I made every attempt to clear any default money owed, late fees and to continue with our agreement. I want to make it clear that unless some sort of agreement is made before this is taken to court that I will also be claiming for substantial compensation due to the stress this has caused myself and the affect it has had on my ability to obtain credit and on my financial future. I make no excuses, I messed up I entered into a agreement and entered financial difficulties almost immediately, but at no point did I refuse to pay or not try to sort it out amicably. I made numerous attempts to clear the money I was behind along with any late fees all of which were rejected which I believe was majorly unfair. I provided any information I could at the time to help sort it out. I feel your company exploited my situation to ultimately benefit yourselves and gave no consideration to the effect this may have on me. I have copies of all emails between myself and your company showing my willingness to pay and showing my compliance to the best I could when you asked for certain pieces of information, letters from job centre and bank statements etc. I am willing to negotiate with yourselves, hopefully this time with a bit more humanity on your behalf. Any and all suggestions from yourselves will be considered with a great deal of thought, anything to sort out this dispute and go back to trying to rebuild my life. I expect a response within 14 days of the date of this email and will also be sending a copy via recorded delivery. I will also have a copy of the posting certificate from the post office, in case I have to prove in court this correspondence was sent. I also request a copy of every note or recording you have made from our phone calls if they exist. Also a copy of every single piece of email correspondence between ourselves and any relevant information you may have regarding this issue that you may wish to bring up in court. I also need a copy of the proof of sale of the car in question and amounts of which the car was sold for, I remind you that if I receive no reply to this correspondence then I will start court proceedings immediately. I also remind you that both of us have to adhere to a certain set of rules in situations like this as set out in the Civil Procedure Rules. Please acknowledge receipt of these letters within the 14 day period, if more time is needed to look over the case then please inform me either by email or in writing to my home address. Regards, ******* ******* ********
  25. I have an ongoing dispute with 2nd charge / secured loan company regarding outstanding arrears. Submitted Formal Complaint. Response received and no mention that it is final but do mention that I have six months to refer to FOS. I went back to them with my response to their findings before deciding whether to refer to FOS. No reply yet from them apart from today receiving a letter from their arrears department stating that I have 21 days to pay the arrears or they will instruct solicitors to proceed with repossession. My question is, if a dispute is still ongoing including option to still refer to the ombudsman can they still carry out their actions / threats? Thank-you for looking.
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