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    • the only downside of not having a default registered and showing in the overall status of the debt is it's not 100% guaranteed it will (as it should) vanish on its SB date, you might have to chase that. but in your position, you've not moved, the bucket of 6's and on going 6 if you look hasn't made your score progressively decrease each month  either as it shouldn't.   just remember other creditors potential or existing cant see the calendar section of any debt unless they own it. they can only the status line of each 'account'.   HTH    dx      
    • Thanks for the replies. Have received another letter from LL solicitor, same form for secure tenancy notice of seeking possession. Now they have removed ground 10 and left grounds 3&4. am lining up an appt with a solicitor next week. All a bit strange as we had the fair rent agreed as a regulated tenancy. The LL has been through so many solicitors now it’s a struggle to keep up.   one other thing,  neither NOSP have been sent via registered or recorded post. The letter we have received (email only at this point) is comprised of a cover letter with ‘Without Prejudice’ at the top then a copy of the NOSP.  Does it have to be registered post in order for the notice to be seen as served?   will post back after solicitor appt btw cheers 
    • Thanks for all the feedback.. I'll add the suggestions to my WS and repost by next weekend.. I plan to send it no later that the first week of Feb as I don't want it to be late.   Just need to work out where to insert the extra bits.   Regards Tom
    • So in  a way, it isn't as bad as actually having a default?   Because if, as you say, it won't affect my score anymore as its already six months late, but also a default would be worse in the sense other lenders wouldn't look kindly to it, and it won't knock as much points off my credit file.
    • Hi Vic and welcome to CAG   It gets quieter here over the weekend so please be patient.   If you live in England or Wales, read this thread - https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/     Follow the instructions, copy the Q's and paste them to a post below and give your answers.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Second Mortgage?Top-up loan? You should read this


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Mortgages normally are not regulated by the Consumer Credit Act 1974.

 

However, Francis Bennion, who was the author of the CCA1974 points out that second mortgages, top-up loans and other products offered by mortgage companies and secured on property may well do.

 

In his paper on Section 18 (which covers 'multiple agreements'), he specifically includes the example "A mortgage company (M) wishes to float a Scheme under which it would offer its existing borrowers a further advance facility combined with refinancing. M wants to call this a ‘Topup Loan’."

 

He goes on to explain that the part of the loan covering the further advance (if it is less than £25000) is regulated by the CCA 1974 and must comply fully with that Act. Furthermore, the two parts of the loan agreement must be treated as seperate agreements. If this is not done, the agreement covering the further advance would be unenforceable.

 

This fact could obviously be of great interest to people having problems with mortgage and other loan companies and may well provide a route to prevent repossession, etc.

 

I have started a thread in the Mortgage Companies forum but there are companies offering such products that are not just morgage companies. If you have a second mortgage or top-up loan with one of these, have a look at the thread http://www.consumeractiongroup.co.uk/forum/mortgage-companies/177919-second-mortgage-top-up.html#post1920626

 

I have closed this thread here to keep discussion in one place.

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