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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Capstone/Acenden reposession date


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I'd wait until you receive the letter from the solicitors - if you put in a N244 now you could be wasting £75 if there is no eviction to defend. You could also ring your local court and ask if an eviction order had been issued and/or cancelled.

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Starting to panic all over again now!

 

 

Have spoken to the courts (really really helpful) They have no record of the repossession being stopped at all,

 

 

I have spoken with Capstone (I am not even being dealt with by their eviction team anymore!) and the solicitors who are saying that the fax has been sent.

 

They have now told me that confirmation of the repossession has been posted to me and I have also asked for them to refax the court and gave them the bailiff name for who to make it for the attention of.

 

 

I am starting to feel that paying another £75 to do the N244 may be advisable, my head is now filled with absolute dread and panic:confused:

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What date was the eviction for?

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Hi there - ring the solicitors and ask them to email you a copy of the fax - did they send it to the right court (some of them are incredibly negligent!!)

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I have again spoken to their solicitors (my boss is going to love my phone bill!!!) who have said that they have now spoken to the courts and received an apology for misplacing the fax and refaxed it to the attention of the bailiff in charge.

 

 

Apparantly that was an hour ago, cant get through to the court offices now:mad: just keep getting stupid answer phone.

Will phone first thing in the morning.

 

In the meantime I am getting copies of all my evidence that this agreement has been put into place, just not sure what to do with it when I have it all together.

 

Sorry if I sound like a moaning minny its just people have gone out of their way to help me and I just want it sorted.

 

 

Well for the time being anyway as I have learnt a lot from CAG and intend to oppose their charges!

 

Thanks so much for all who have read and helped me so far xxxx

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Hi, check with the court in the morning and if all OK then keep all your paperwork together in a file in a safe place.

 

I hope once you get confirmation from the court that you can relax for a while :)

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This sorry saga continues, even today the court are saying they have had no notification from the solicitors. I have 2 letters one for my hubby and one for myself confirming the reposession has been cancelled and I have now had to fax this over to the court!!!! I will be taking it down there later too!

 

Have to say that Capstone and Glenisters (their solicitors) are being really helpful. According to them the bailiff is due to phone them on the morning of a repossession to confirm and "obviously we will inform them that the repossession has been cancelled" They have said that no representitive from there side will be there. But I am extremely sceptical and scared and annoyed now.

 

Should they appear on Monday, do I have any rights, I have all documentation from them, plus proof of my payment available. I just want my children to be able to go to school Monday morning with a home to come back to that night.:confused:

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If you are taking your letters to the court today then that should definitely sort it out as they will phone the solicitors. If by any chance anyone turns up on Monday you have the letters to show them, but I'm sure now that you have it in writing you will be OK.

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  • 2 weeks later...

Well still in my home and have actually had some good news from Capstone!!! Our fixed rate comes to an end at the end of November, which is a crippling 8% about LIBOR!!!!!

 

As of 1st Jan the rate (variable) will be 3% above LIBOR and hence our repayments will be halved so making everything much more affordable and I think I can actually look forward to christmas now with a bit extra to spend!!!!!

 

Thank you everybody for your support and advice, without sites like this people are none the wiser and once I have extra pennies each month will be making a donation to the site. Kind of feel a bit teary saying this but really do want to thank you all from the bottom of my heart xxxxx :)

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Really pleased for you. Lets hope that the low interest rates continue for a while so more people can get back on their feet.

 

Did you see the news today about the huge fine for GMAC about mortgage arrears charges - a definite step in the right direction.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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That's good news, the new lower payments will make such a difference and hopefully your will start to feel more secure in your home.

 

Stay positive, draw a line under this and look forward to a happy Xmas - and future :)

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

 

 

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  • 2 weeks later...

Hi all, I have decided to try and claim back the ridiculous charges that Capstone/SPML have added to my mortgage.

 

 

In my estimation they are at least £3000 and I want my money back!!!!

 

I know how to do it is on here somewhere but cant for the life of me find out how to do it.

 

 

My boss said he would look into this for me in respect of my mortgage being mis-sold to me but said that I would have to make a case against the broker, who unfortunately for me is pals with my boss, so hence its back down to me!!

 

I have no clue whatsoever as to where to start :confused: so if anyone can point me in the right direction that would be great!

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The FSA are now "on the case" having just fined GMAC 2.8 m and will be forced to pay up to 7.7m in customer redress for more than 46,000 mortgage customers. I would call them and quote the FSA "excessive and unfair charges which did not reflect administration costs". Don't bother with the ombudsman, just go for their throat.

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  • 2 months later...

After surviving the threat of repossession last year, we have fallen into the position again.

 

 

In December we were £300 short of our arrangement with Capstone (SPML) and our January payment was late.

Completely our fault but now we have a new eviction date.

 

Our payments have now gone down substantially and we are in a strong position to carry on with them.

They have told me if I can find £500 they will stop the eviction.

I can but the problem is that this would come out of my wages and February's payment is due out of it and I dont have enough for both.

 

I realise that I am going to have to go to court and ask for a suspension of the warrant, but scared again want to put the strongest case possible forward to stop this.

 

Our arrears stand at £3373 and we have proposed additional payments of £250 which will have them cleared in a year and it is completely affordable as we now both work full time, have relatively good salaries and also receive tax credits etc.

 

 

I dont want to delay in applying for the suspension and if someone can help I would be grateful.

 

Please can someone advise

 

Bump

If I have been helpful please tickle my scales or better still contribute to CAG.

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You'll need to enter an N244 form to the court to get a hearing to suspend the eviction - I can help you with that. It will need to be tomorrow though, as I have to be up early in the morning.

 

In the meantime I have affixed a budget sheet which you will need to send in with the N244 to show how you can afford the payments going forward. When filling in the budget sheet make sure that the amount you are offering towards the arrears each month is the amount left over after everything, including the normal monthly payment, has been accounted for.

 

When you have finished the budget sheet I can then draft a statement for Q.10 of the N244 (the most important part), although I will need the following information:

 

Is the mortgage in joint names?

Do you have any children?

What was the reason for missing the payments under the arrangement?

 

Ell

Budget Sheet.xls

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In all honesty the reason for being short on the payments is that it was double what we have to pay now and financially crippling!

 

Mortgage is in joint names

 

We have 3 children ages 9, 7 and 4

 

I have been looking at a few things,

could we be eligable for the Repossession Prevention Fund?

 

 

If so how do we go about it.

 

 

I am not willing to lose my house to these evil beings!!!!!!

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Do you mean this? Frequently asked questions about the Mortgage Rescue Scheme - Housing - Communities and Local Government

 

I doubt if you'll qualify if you are both working and can afford to pay £250 per month towards the arrears.

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Thats a shame, but worth a thought!

 

I will put together my I&E sheet tomorrow, should I PM it to you Ell-enn

 

I have attached a copy of my budget sheet and also sent it to Ell-en.

 

I am currently on hold with Capstone (27 minutes now) after requesting they send me a copy of my account statements showing my true arrears figure.

 

They are telling me that the charges are part of the arrears figure and they can only send me a full statement and I have to go through the charges myself.

 

Just off the top of my head I believe that if the charges were taken off my arrears balance then the balance of the arrears would drop about £1500!!!!!! Can I do anything about this?

 

Please help I am getting desperate

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Hi we will mention in your statemetn for the N244 that the arrears figure they are quoting inlcudes charges.

 

Budget sheet looks OK, but at the bottom of Step 2 where you have put two amounts in under "other" you neeed to state what the "other" is.

 

I'll remove the budget sheet now as you never know who is watching the forums ;)

 

Hi there, affixed is an N244 form (I'll give you the instructions for completing the form later) print off two copies in case you make a mistake.

 

I will start to draft a statement for Q.10 this evening. Will you be able to take the form to the court tomorrow? there will be a fee of £35.00 to pay and they should give you a hearing date for sometime next week while you wait.

 

Stay positive - you'll be OK. Hopefully the statement from Capstone will arrive before the hearing date and you can take it along and show the judge what they are doing!

n244_e.pdf

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I will be taking everything down to the court on Monday as that is payday!!!! But I spoke to a woman in the court office and she said that will be fine so thats good.

 

I have made those changes to my budget sheet, thank you for that advice:)

 

Must say they were not happy when I asked for a statement of my true arrears without their charges, but hey ho such is life, I am not happy having my mortgage with them ;)

 

Thanks Ell, I will let you know when the court date is on Monday, I do feel positive but at the same time absolutely terrified!

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If you're not taking the N244 to the court till Monday, let's wait and see if the list of payments and charges from Capstone arrives tomorrow or Saturday, that way we can include it in the statement for the N244.

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OK that sounds good. Hopefully it will, she did say it would be posted yesterday, but this is Capstone we are talking about so who knows when it will actually be posted!!!

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I received my statement from Capstone today

when the account originally fell into arrears at the end of November 2007 from what I can make out the amount of charges added to my account are £1575.

 

 

£586.50 of those have been added since I made a payment of £3250 to stop repossession

(without attending court arranged with Capstone directly) on 12 October 2010.

 

 

The arrangement then was that I would pay an extra £150 a month off of the arrears total.

 

 

How is it possible to clear your arrears when the charges they add each month for being in arrears is more than what you are paying!!!

 

Do you think this will help me in any way?

I am starting to get edgy now and worrying about this N244!

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