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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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great news NOT,

 

But this IS great news. You need every penny out in the open now. Forward everything to the OR, and anything else that you can think of that might haunt you later.

 

, with regard to the house itself yes its gone their are tennants trenting it at present and not sure what the OR wants to do as its in neg by £30k or more, i have not informed the lender iam BR yet letting the OR sort it out, and had another CCJ confirmed today again that is inc in BR

I agree that you need to let the house go ASAP. It could be years before you are unburdened of it otherwise.


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I Wish you everything you wish yourself.

 

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NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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Cheers TC & Gizmo111

 

Still adding and coping all paperwork for the OR, if they are not on the internet copy will the OR refuse the creditor also will the OR sort out the issue regarding the tennants or should we inform them by issueing notice to leave the house? they are still within their 6 mth tennacy lease and 2 months before it ends or should i send the OR all the tennacy details and let them sort it out, They did ask to buy the house which would be great thing as then the OR can sort out the shorfall etc etc

 

cheers

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The OR will not give advice, only listen. They only act on what is presented to them.

 

It is up to you to give the tenants notice, and up to the Mortgage Co to see if they will allow the tenants to purchase.

 

Whichever way you play this, the OR will sort out the shortfall, but cant until you are repossessed.

 

You will not be discharged, or unburdoned of the worry until the house has gone, or the beneficial interest is bought by a third party. Even then you will be responsible for any arrears or secured loans.

 

I can think of no possible reason for you to try to keep the house.

 

Act now for a brighter future sooner rather than later.


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I Wish you everything you wish yourself.

 

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NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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I think its best to inform the tennants that once the short terms lease has ended they can buy the property from the lender or move out of the house and once its empty let the lender have the keys back.

 

cheers

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I think you should give the tenant notice now, and inform the OR and lender they were interested in purchasing it. Make it clear to both that you intend for this shortfall to be included in the BR.


Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi All,

 

Just updating i was confirmed BR on 23rd feb 09 and due to have the telephone interview on 11th March, and the following creditors are already targeting my wife for the repayment of the joint loans

 

Halifax calling 6 times every day and sending letters

Welcome calling 3 times every day even calling at 9pm on mobile and home number

Aktiv Kaptial calling every few hours

 

we are arranging the paperwork for my wife`s BR and hoping that this will all end soon, iam feeling better and knowing that iam BR but not looking forward to the telephone interview.

 

Cheers

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Hi All,

 

I have checked my credit report and it now shows that iam BR from 23rd Feb 09, but one of the creditors has stated that it is not confirmed until the OR has completed their work, and they are demending to be repaid

 

are they correct in stating that until the telephone is completed, they can still be paid and chase me, and they also stated the OR can change the order ie refuse my BR order ?????

 

Cheers

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Hi All Question,

 

I have confirmed BR both on my credit report and the ad posted in the london gazette, my bank manager has called regarding the company overdraft and i told him to contact the OR ( not happy chap ), he imformed me that the debt would be passed the their collections dept who would chase the repayment again told them to call the OR . I have sent to company house details to have the company removed but is their anything else i need to do regarding the company?

 

Cheers

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Todays the day of the telephone interview not looking forward to the interview at all, got all the paperwork out from the creditors to explain WHY WHY me , hopeful the OR will be OK during the interview totalled up all the debts personal and business £130k, but had a HUGH BOMB letter from Lloyds who have issued a demand for a company personal guanrantee over £500k but have sent the OR all the details.

 

Yes £500k to the bank madness they have 1st charge on land and still demand the full amount due to the land on the market and not sold yet

 

cheers

 

will let you know how the interview ends !!!!!!!!!!

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Hi All

 

just finished the telephone interview and the OR was great relaxed and very helpful, lots of questions regarding the BR and way it happened and oveerall very helpful.

 

Very helpful regarding secured debts and unsecured lots of information as well, she was happy that the BR was completed correctly and their would be no more details required and the creditors would be informed within the next few weeks, they told me not to pay any creditors at all inc the CCJ orders and the personal guarantee was now unsecured and 100% inc in the BR, the charging order due in april will not happen as well

 

Overall the OR was very helpful and understanding,

 

 

Cheers :)

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RESULT.

 

Sleep Well.


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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Cheers TC

 

Now time to start living again, no credit cards lol , will keep thread open updating the information as and when, hopfully now sorted

 

cheers all

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The OR has a reputation for being helpful and understanding - and non-judgmental. I've had this from quite a few people (not on CAG) and never heard a single comment otherwise.

 

As regards your company, this is a separate entity from yourself. You cannot be personally liable for company debts (except if you acted improperly as a company director). If anyone is chasing your for business debts then they should be chasing the company instead.


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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After i was confirmed BR i did feel very bad not sure why, but after speaking to the OR during the telephone interview iam much better they were great and confirmed even with debts over £150k i would be discharged in 12 mths, and they would no need for more details from my creditors, i even had 2 personal guarantees totalling over £570k and they are included as well. The OR was very helpfull and did not judge me at all, they did say it part of life !! . Life is far better now and looking forward to a better year

 

Many Thanks for all the help

 

cheers :)

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Well my parents ha letter on Friday after nearly 10 years, stating they can claim based on 1p per £1.00. However they also listed debts of £451,850.25 with only £1,530.00 to be paid to creditors who make a claim. Also states if nobody makes claim the funds will be paid to myself which they cannot as they don`t have my address as moved twice since the BR. I was formally discharged after 6 months, do i need to inform the OR my new address

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I have checked the discharge letter and there is no request for myself to update my details even after such a long time. Its now been 10 years since the discharge letter.

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