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    • Hi all,   I would like to thank you all for your help so far on this matter. I have been reading some relevant thread on here as rightly suggested to get myself up to speed.   One thing is certainly clear, and that is NO to mediation. I have got to put the form N180 in the post first class tomorrow money to meet Monday's deadline. I haven't really found a clear answer to one or two things: 1) Can i change the hearing venue to my preferred county court? 2) What's my reason for considering the case not suitable for the small claims tack and what alternative?   I'm really sorry to be a nuisance but this has got to be posted tomorrow morning and i'm running out of time.   I am really counting on your advise please
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    • Hi caggers,  OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that).   They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900.   I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold.   They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs.   They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request.   Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure.   Thanks PM
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Can i clarify something regarding re-possesion?


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Gregg, you need to get those papers to the court today..... and then make a payment before the hearing.

 

(the last bullet point has moved to the left during the cut & paste, it needs to line up under the others).

 

Kind Regards

 

Ell-enn

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I can only get to court after 5pm owing to travel & work.

 

Can you advise on the question regarding where i can live should they go ahead with re-possesion?

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Hi there, if you mean Q.26 - then tick the box for NO (you wouldn't have anywhere to live).

 

What time does your local court close - most of them are 4.30 - and you need to hand it in personally to get a date for the hearing.

 

Ell

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Sorry - fingers working in front of brain today !!! :oops:

 

I meant to say - to get the papers in 7 days before the date of the hearing.

 

The other option is to send them by special delivery (£4-odd).

 

Ell

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i live & work in different parts of the country. I can only hand deliver on my return this evening. No other way.

 

I have just noticed another form - Personal Financial Declaration. It seems to be asking very similar questions to the defence form.

 

I take it i do this one as well?

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Has the Personal Financial Declaration come from the court (i.e. part of the defence form N11M?) or has the lender sent it?

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Sorry for delay in getting back to you, been travelling home.

 

OK, no need to send that form in, the info the judge needs is on the N11M.

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Well, all put in their mailbox. I did put the other form and was slightly concerned about a question regarding if the property was up for sale and if so, what price. I did complete it!!

 

Anyway, i am semi hopefull of raising some money by Monday which should reduce arrears dramitically before hearing.

 

I will keep you posted.

 

Is there another way of sending a donation to you guys other than on-line.

 

You have been immense in a very very stressful time.

 

Thank you

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Hi Gregg, as soon as you have made the payment towards the arrears let me know and I'll complete the statement for you to take to court with you on the day.

 

Can you ring the court this morning and ask them to destroy the other sheet you sent - tell them you sent it in error as it should have gone to the lender not the court.

 

Regarding a donation to the site - I will get the details for you of how to make payment other than paypal and get back to you.

 

Kind Regards

 

Ell-enn

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Hi, as you may recall, i have a hearing on Wednesday. I have possibly managed to raise some funds.

 

On the court form completed there seemed to be a lot of emphasis on whether i disputed figure owing. At the time, i didnt really think this something to quibble with and just said ...No.

 

Now being in a position to potentially pay an amount that could stop the hearing, the amount owing seems very high. It looks like their costs have really affected the total amount owing. My arrears are about 3 - 4 months. According to their statement, i am about 8 months overdue. It appears they have really bumped up the amount for the hearing. When i say "them" i mean the solicitors who seem to be extremely dodgy. There seems to be a difference of about £2k.

 

Any suggestions?

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It's likely they will have included June's payment which was probably not due until the end of June? or they could have included their legal costs.

 

Are you making a payment by telephone today? if so ask for the balance of your arrears- not your arrears plus their legal costs!! and then we will do a statement for you to take to court, showing what you have paid and disputing the arrears balance.

 

Kind Regards

 

Ell-enn

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I called them directly and asked for arrears. The amount they gave was completly different to ones supplied on court papers.

 

I am going to try and raise funds and pay into account today/tommorow. They have given me a figure that they say thay will stop proceedings if i pay in. There is a chance i may raise it

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OK, but don't believe them when they say they will stop proceedings ! They may tell you you don't need to attend the hearing, but more than likely they will not cancel and send their representive who will get a suspended possession by default - you will have had no idea what has been said at the hearing ! (this has happened on several occasions).

ALWAYS check with the court on the morning it was scheduled, that the hearing is cancelled - if it isn't - you need to show up and defend yourself.

 

We should prepare a statement tomorrow in case you need to attend.

 

Kind Regards

 

Ell-enn

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Hi,

 

well, i have managed to raise the figure i was told would stop proceedings. I am going to pay this in as cash (hope i dont get mugged!) shortly.

 

I will let you know when done.

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Great Stuff! don't forget to ring the court first thing in the morning - if the hearing is still scheduled - you must turn up. As it's their application they could get a suspended possession in your absence, and then you have a whole lot of grief trying to get it overturned.

 

Ell x

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I think we are coming close to you being able to be shot of me.

 

Just a last bit of advice. I have paid cash in and rang the solicitors. They have said to fax receipt over but they also said it wont show on Abbey records...which i find strange as it is a cash payment at about 11am.

 

What am i asking for on fax? Am i asking for hearing to be stopped? Just want the correct terminology

 

On another note, i opened a paypal account yesterday and will be giving donation as soon as i work out how to put money on my paypal account

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Hi there, payment probably won't show on Abbey records until tomorrow. What receipt for payment do you have?

 

Just send a fax as follows:

 

From:

 

To:

 

Fax No:

 

Date:

 

No of Pages:

_____________________________________________________

 

Dear (name of guy you spoke to)

 

RE: Account No:

 

Case NO:

 

Please find affixed a copy of the receipt obtained this morning for payment of £XXX in respect of the above account.

 

This now completely clears any arrears on the account and I request that you make arrangements to cancel the court hearing scheduled to take place tomorrow.

 

Please also confirm receipt of this fax and that you have indeed cancelled the hearing.

 

Regards

 

 

 

 

Mrs XXXX

 

Take a photocopy of the receipt and affix as page 2.

 

But still phone the court in the morning ! or you could end up with an adjournment with leave to restore at any time.

 

Kind Regards

 

Ell-enn

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PS - we don't want shot of you - your experience of this type of situation will be of value to others on the site.

 

Ell

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Gregg, if you read posts nos 8 to 13 on this thread you will see why it is important to ring the court and check on the cancellation of the hearing!

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/150366-welcome-asking-refinance-my.html

 

Ell

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Hi all on this thread. Can anyone tell me exactly what a suspended possesion order is? And If I have made a reasonable offer before this takes place can I stop one (SPO) also sorry if I am interupting:o do I need to start my own thread on these issues:confused:

“I will not make any deals with you. I've resigned. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own.”

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Hi there, I will move your post to a new thread in the Repossessions Forum - thread called Suspended Possession Order?

 

I will reply to it there.

 

Kind Regards

 

Ell-enn

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