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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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GMAC Car Repossession - PANIC Attack


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I purchased a Peugeot 206 GTi 180 on 08/12/2003.

I ran into a few repayment problems along the way until October 2007 when my O/H lost her second job and money became very tight as a result payments were missed. January 2008 GMAC contacted me at my place of work to discuss payment options. I tried to explain that it was difficult to make normal payments and then arrears but they wouldn't have any of it. In a panic I quickly worked out that to cover the arrears and make normal payments i would have to pay them £413.00 per month until December then the agreement would end as first agreed with no further loss to them and still they were very reluctant they wanted all the arrears upfront and then resume normal payments. I did however make January's payment over the phone there and then of £413.00. I then made a further payment in February of £413.00. Then the worst happened my clutch went on the car big disaster just when you don't need any further expense. I had no choice but to get the car repaired as I need it to do my job and as a result I had to use the £413.00 March money to pay the repair bill of £380.00. So the vicious circle of life continues.

 

I contacted GMAC to explain that I would not be able to make payment in March as a result of the clutch repair. Guess what they didn't want to know "pay us the arrears or we will default you". At this point I thought they already had way back in 02/2004. I was at a stale mate they refused to talk to me and I could not pay the arrears like they wanted.

 

I then tried to re mortgage my home to pay off all my existing debts and of course GMAC. But do to the credit crunch coming at the best possible time I couldn't get a re mortgage. They contacted me further to collect the arrears and I told them that I had tried to re mortgage my home but failed and what should we do now. They said they would have no alternative but to pass my account over to Close Assist and Thay would contact me soon.

 

Well Close Assist sent me a letter on 14/05/2008 saying the arrears were now £1792.94 including the next monthly installment of £293.32. I left it at that as I could not raise the money to pay the arrears. Close Assist then contacted me a work and a rather arrogant and sharp person insisted I make an arrangement to meet with one of their advisor's in two weeks time on the 30th June 2008 at 15:00. The 30 th came and I had to take a day of work to meet this advisor who actually seemed nice. He got out his laptop entered a few details regarding my predicament and proceeded to send this information to GMAC. While we waited for a reply from GMAC he then said if I didn't either surrender the car before they default or pay in full the arrears of £1792.94 I would have to pay £600 in legal costs and go to court for repossession. I tried to explain I was prepared to resume payments of £300.00 per month until the debt was settled. He then opened his laptop again and in a box on the screen there appeared a message stating that GMAC was prepared to give me three months to clear the arrears. I said that was impossible as I have no more money to give them over the £300.00 pounds stated. I told him that the total balance outstanding included PPI insurance that was mis-sold to me and I was going to claim that money back also charges had been applied to the balance so the figure stated for the remaining balance was false. He then showed me a copy of a default notice and said "you will probably get one of these through the post if you don't pay the arrears now".

 

I decided to take the opportunity to S.A.R GMAC and received a whole load of information including a sheet which itemised all the charges on my account.

 

02/03/2004 £15.00 14 day delinquency

17/03/2004 £15.00 30 day delinquency

25/03/2004 £30.00 NOD issued *******

05/04/2004 -£60.00 Fees payed

08/02/2007 £15.00 overdue notice letter

12/02/2007 £15.00 NOD coming ******

16/02/2007 £30.00 NOD issued ******

20/03/2007 £15.00 30 day delinquency

02/04/2007 £30.00 NOD issued ******

12/09/2007 £15.00 overdue notice letter

20/09/2007 -£15.00 in error (isn't that sweet)

12/10/2007 £15.00 14 day delinquency

12/11/2007 £15.00 14 day delinquency

24/11/2007 £15.00 NOD coming

28/11/2007 £30.00 NOD issued ******

09/04/2008 £30.00 NOD issued ******

 

Few look at all those NOD's!

 

Well on the 7th of July guess what, I received a default notice just like he said, so much for meeting him to discuss anything I should have just said no thanks and left it at that for what he was worth. I still don't understand what his role was in all of this if he couldn't help.

 

I then took it upon myself to make arrangements to pay the debt off by standing order from my bank direct to GMAC of £300.00 per month as stated in the meeting with Close Assist. The first payment went out of my account on 28th July 2008. The next will be 28th August 2008 and so on.

 

Well I guess I was expecting it and it arrived today.... the court papers for repossession of my beloved 206.

 

So a few questions if you've manged to stay awake with all of this.

 

1. How many NOD's does it take to end an agreement (this is not a joke and I don't find it remotely funny).

 

2. I was under the impression that when a NOD is issued the agreement ends. If this is indeed the case then why hasn't my PPI payments ended also. They are still demanding I pay them £50.26 per month.

 

3. If the defaulted amount is incorrect i.e. made up of charges as I have detailed previously then is the said default enforceable i.e. can they take court action.

 

4. How long from terminating the contract (issue of NOD) before legal action is started.

 

5. Anybody got £4119.50 to borrow me (I will pay back at £300.00 per month). Just kidding... or am I...

 

6. What is my next course of action bearing in mind court action has started.

 

i can put up documents if anyone needs them so until then please give advice.

 

Many thanks for reading.

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Addendum.

 

I forgot to mention in my main post that the default notice I received on the 7th July 2008 was dated 09 April 2008. I don't know if that means anything but I thought it should be mentioned.

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Hi there, you can defend possession by offering payment towards the arrears each month. Have you been sent defence papers too?

 

Kind Regards

 

Ell-enn

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Hi, no I don't need to see them, but I need to know what sort of claim form you have received. What does it say at the top of the form? and also are there any defence papers?

 

When did you take out the finance and over how many months?

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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The finance started 12/2003 for 60 month so ends 12/2008.

 

There is a Notes for defendant on replying to the claim form.

Response Pack.

a claim form.

Notes for a defendant on replying to the claim form (consumer credit act claim).

Particulars of claim

Notice of hearing of application

 

As you can guess I have NEVER been to court before and am scared out of my Witt's

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Well I can reassure you that no judge is going to give them possession of your car when you are only 4 months away from the end of your agreement. Is the claim from Northampton Bulk Centre?

Help us to keep on helping

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ell-enn

 

No it was issued from my local county court.

 

Even though the agreement would have ended in Dec 2008 I am in arrears and the total amount outstanding according to them is £4119..00.

 

Wait a minute That's incorrect I have made a payment since that figure of £300.00 and another £300.00 tomorrow. Also they have charged me £287.60 in penalty charges as outlined in my main post. so It should be £3311.40. It would still take me longer than four months to pay then off at £300 pm.

 

I have been reading about a time order but I don't know how that works.

 

Any advice on this as an option?

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I'll find out for you and come back to you tomorrow.

 

Kind Regards

 

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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