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    • Thank you Dave, yes I have been reading a lot, but as you already mentioned mine is court one for some reason. Yes, the CPR request - printed and sent after completing the AOS online, as per dx's instructions.   And yeah the full timeline had me scrapping the vehicle and moving to new place in between the date of alleged contravention and receiving first "debt recovery" letters. To none of them did I respond as all of them said that I cannot dispute the charge as seen in the letter attached. 02/01/2020 - alleged contravention 29/11/2020 - scrapage of mentioned vehicle that I was still the registered keeper of and V5 had my address of the time on it since DVLA was reaching me and they had my details from them it should be correct 02/02/2022 - I move to my new place 18/01/2023 - first letter of debt recovery to my new address 21/11/2023 - letter of claim raised to county court Funny enough I never used that parking, so since I didn't see the pictures (the PCN or any reminder was never sent to my address in the first place, on the 18/01/2023 it was literally the first contact) I cannot even take a look whether it was my housemate as he sometimes borrowed my car, but then again I checked my emails and everything and on 01/01/2020 I was flying into the country back from holiday and was landing at Luton London Airport so me myself definitely had no business in Stansted area. I cannot even check for mercy period, whether that was actually my car or reg clone, nothing, as I never had that letter in my hands, sadly.
    • Good grief, this has to be one of the most stupid invoices issued for the most petty of reasons that we've seen here. What was the reason for your two visits? I ask as there may be the chance of getting the leisure complex to intervene.
    • Under UC there is no actual need to claim carers allowance, as long as you declare that you are caring for X for 35 hours per week and confirm they are in receipt of AA on the claim, they will verify you as a carer and you will then not be subject to the MIF, but will stil need to decalre your income and expenses each assessment period. This is because as a care, you are not expected to be available to work or have to look for work.
    • Yes, if you do a search on the forum you will see we have a lot of threads for this place.  It's basically a scam site. Yours is only the second case we've seen in years & years where they've done court though, undoubtedly because you'd moved and you didn't reply to a Letter of Claim. When you wrote "printed and sent" you did mean the CPR request, right?  
    • Please check back for a reply tomorrow. However we would like you to repost your story please in a more succinct manner and properly spaced and punctuated. It is very difficult to follow solid blocks of text especially on small screens such as telephones. It would be helpful if you could present your story in a structured bullet pointed chronology and less narrative please       
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Help! Have had a court order seeking posession over a secured loan.


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I have been referred to this forum by a friend but to be honest it is overwhelming.

I wonder if anyone can help me specifically.

 

I am self employed and took out a loan for £50k secured against my house in August 2007 as that is the year anyone who is self employed will tell you the recession really started.

I have fallen behind by four months as it has bitten harder. The repayments are £500 a month. I managed to pay £500 this month but they say it will not prevent the court date of 3rd July for reposession of my house.

 

What should I do?

 

Obviously due to the recession my income has fallen dramatically and can hardly afford the existing payments and am worried if I will be in the future as I struggle to get back on my feet and just keep my business going and they are demanding I pay everything off by the court date.

 

I have been told that CCA stuff can be done on debts prior to 2007 april but this is subsequent so what can I do?

 

I am not the brightest person on this sort of thing as I have never had debt problems before so please keep it simple!

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Hi LibertyNow1.

 

Welcome to the forum your in good company here but you may find this may be better posted in the Mortgages and Secured Loans Forum to be honest.

 

I was in a similar situation a few years back and what I do know is don't ignore the loan company (2nd Charge) and try and come to some arrangement with them.

 

As this is secured it is a priority debt along with your Mortgage Gas Electricity and water council tax TV license food etc etc.

 

Any money you have left you can distribute between your remaining creditors (loan and credit card companies) on a pro rata basis.

 

If you have Credit cards and loans you could request a copy of the CCA to find out if they are enforceable if they are unenforceable you can stop paying them while the accounts in dispute.

 

If you end up going to court then you must attend I thing as long as you can cover the monthly payment plus a bit to cover the arrears I think you will be OK I don't think the courts like granting repossession orders in this economy.

 

I hope this helps

 

Squidward

 

P.S I am self employed to so I can sympathise with you

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thank you Squidward.

I should have explained I have tried to come to an arrangement but they say I must pay a minimum of £200 each month on top of the £500 and they will still go to court for an order over the property just in case I default. The person at the call centre was very intimidating.

My mortgage company on the other hand (Birmingham Midshires) has been charming and say I don't have to pay a bean in arrears until october when they will review to see if I can afford a little bit.

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First National Bank got a suspended repossession order on my last house albeit this was a few years a go. I went to court which I think helped.

 

 

I would post in the Mortgage and Secured loan section as there will be some more experienced members who have the specific knowledge to help.

 

Are there any benefits you could claim which would help ?

 

Squid ward

 

Just a thought if you are on a repayment mortgage (Midshires) have you asked if you can change to Interest only ?

 

May save you a few pounds!

 

Squidward

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Problem is with benefits is they are almost impossible to get if you are self employed. If you aren't seeking work you can't get them; and I don't want to let my business go after 25 years doing it.

It is distressing, as the very people who have caused people hardship by ridiculous bank charges and stuff (paid £6k in the last two years) are the very people who the government help whereas small businesses are going to the wall. There is no help for small business; its all gordon brown myths.

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Hi Liberty1, i'll move your thread to the reposession forum, where hopefully you will get some more help/advice/comment...

 

Did you get the mortgage through a broker by any chance ? Any PPI added ? Do you still have your agreement ?

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  • dx100uk changed the title to Help! Have had a court order seeking posession over a secured loan.
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