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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Do I have a legal obligation to make paymens on a loan when the company has gone into liquidation?


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I am requiring some help and advice in respect of this situation. I have a secured loan with picture financial. A couple of months after taking out the loan I questioned the PPI as I felt it had been misold. The company refused to help. As a result of this I contacted the FOS as the PPI on the loan was misold. In early 2008 the FOS transfered the file to FSCS as Picture went into liquidation.angry-smiley-030.gif

I like many others have been waiting for the company to be declared in default.

When the company ceased trading a "rescue" company came in and are now dealing with all repayments.

As far as I can see my contract was with Picture. I would welcome any advice on where I would stand legally if I refused to make my monthly repayment to them.

If I refused to pay what could the company do about it? also would I be in my rights to withdraw payment until the company dispute has been resolved?

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It all depends on the nature of this 'rescue' company.

 

Contracts can be bought and sold, together with the benefits and obligations they encompass. You need to find out the details - the capacity in which this company is acting.

 

In all likelihood you will need to continue making your normal repayments, and morally you must do this.

The question is to whom should the payments be made? I would be putting the appropriate cash aside each month until this clarified. You can then make payments as required.

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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To be honest, I don't think it's that much different from when a creditor sells debts to debt collection agencies.

 

You should have received some form of Notice of Assignment though.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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It all depends on the nature of this 'rescue' company.

 

Contracts can be bought and sold, together with the benefits and obligations they encompass. You need to find out the details - the capacity in which this company is acting.

 

In all likelihood you will need to continue making your normal repayments, and morally you must do this.

The question is to whom should the payments be made? I would be putting the appropriate cash aside each month until this clarified. You can then make payments as required.

 

Thanks for your advice. Where would I be able to find out this information about the company. I can give the name of the "rescue" company but am unsure whether I am allowed to do this on the forum.:-|

I have no problem making the repayment, however things are a bit tight at the moment as my husbands hours have reduced by half, so I guess it was worth finding out what I can just in case our situation deteriorates.:rolleyes:

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To be honest, I don't think it's that much different from when a creditor sells debts to debt collection agencies.

 

You should have received some form of Notice of Assignment though.

 

Thanks for your advice

 

We received a letter from the rescue company stating Picture Financial had gone into liquidation. Is this what you mean. However when we contact the company they still answer as Picture and all correspondence is on Picture headed paper. This leaves me feeling a bit confused as to what is going off.:confused:

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Thanks for your advice

 

We received a letter from the rescue company stating Picture Financial had gone into liquidation. Is this what you mean. However when we contact the company they still answer as Picture and all correspondence is on Picture headed paper. This leaves me feeling a bit confused as to what is going off.:confused:

 

There might not be anything to stop the rescue company trading under the Picture name, particularly if it is an established brand.

 

Found this....

Picture is a brand licensed to Target Loan Servicing Limited. Target Loan Servicing Limited is the service provider for Picture Home Loans (No1) Limited
However, trying to track down the OFT licence, I found that there is also a

Picture Home Loans (No 2) and Picture Home Loans (No3)!!

 

Go here and do a CCA search (look on right hand side) for the company who say they have taken over.

 

http://www2.crw.gov.uk/pr/default.aspx

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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If you had an acknowledgment for mis-selling PPI then you would have been a creditor and should have been contacted by the administrator. However, if no acknowledgment was made then you need to establish to what extent the new firm is the old firm. If they are collecting on contracts then they are are also liable on contracts but I really would recommend talking to a good insolvency solicitor. The first chat should be free and will give you a clearer idea about how much of a fight this could be.

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