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    • I Hope you can hep me please.   I have received a letter of claim from lester aldridge for Intrum uk finance limited    stupidly i didnt realise it was dated 26th October, so I will not be able to reply within 30 days but post!   it was for a halifax cc originaly owned by moorcroft in 2018 then by intrum from 18/7/19.   i sent a CCA request to moorcroft end of 2019 and recieved reply early Jan 2020. acknowleging receipt of CCA and requested files from client. also stated they are not seeking enforcemnet.   received a huge package of statements from 2012  to 2018 with a covering letter saying please see copy of bill/statement/breakdows/agreement   i cant see any terms and conditions or my signature of setting up card agreement etc?   I would greatly appreciate any help you can give me in terms of what choice i have for the PAP letter? do I phone instead to be within the 30 days? or fill it in anyway. If so what option do i select, is it that I dispute the debt etc?   many thanks  
    • Yes they can......its irrelevant if its statute barred or not...because they will get a default judgment but only if you have moved and not informed them of your new address...as your previous known address is deemed good service.   If you have informed them of COD and you have not made payment or acknowledged the debt within a period of 6 years (5 Scotland).....you simply defend on the basis of the claim being statute barred...but you can only do that if you get the claim form and defend in full....hence the need to keep your address up to date on all financial matters.   The statute of limitations can not be extended in any scenario.....but who would know unless you defend the claim.   Andy    
    • sorry didn't mean to come across as demanding...apologies I know that I don't have a CCJ but i was wondering if a DC could bring a CCJ against someone after they had not been in contact for over 6 years, on the basis that the debtor had not told them that they had moved, ie could the DC use that as a reasonable reason to extend the 6 year period? Even if the debtor had not acknowledged the debt or made any payments, for over 6 years. sorry I know what i am trying to say but probably not expressing it very well.
    • yea ok have patience we are volunteers you know.   we call backdoor CCJ's roboclaims. northants bulk issues 750'000 a year - that exactly why it was setup by the court system as no-one checks anything and no humans is ever involved so yes you can get get a CCJ on an SB'd debt if you've not told the debt owner where you now live there are 100's of backdoor CCJ threads here already.
    • OK, so as time is running out ...   Get the CPR off tomorrow with a free Certificate of Posting from the post office.   Get down to the car park, take photos of the signs, try to suss out what they reckon you did wrong.  I see it's a P&D car park so presumably you didn't pay or stayed longer than you paid for (although there seems to be a barrier on exit so how did you get out?!)   Normally we say to check with the council if the car park has planning permission for its signs, but this is a multi-storey car park so presumably they bothered with PP!   Look in the PPC Successes thread at the top of the page, any thread with "claimform" in the tile should have an example of a defence.  Post up a draft of what you propose to send, it needs to be as generic as possible.    The important thing at the moment is filing the defence.  In the longer term, once we get hold of their letters (either through CPR or a SAR if they refuse to reply to the CPR) we can see what other holes to pick in their claim.      
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Abbey - not looking good


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To be honest you don't need to fill in the N11M form, the statement and appendices tell the whole story (the court will accept this OK), the only thing you could add is a budget sheet to reflect your income and expenditure. I have affixed the one we normally use - it calculates automatically as you fill it in so you can adjust the figures until you get them right then just save it to your PC and print it off - label it Appendix 2 and it can go with the ESA document.

 

 

When you have got everything together, you need to assemble as follows:

 

Statement - signed

Appendix 1 - death certificate

Appendix 2 - ESA, budget sheet and doctor's letter

Appendix 3 - DWP contribution letter

Appendix 4 - Estate agents documents

 

This now forms your pack for court - you need to ensure it is securely bound together, it may be too thick to staple so you might have to get a thin folder with a grip in the centre. Try and hand it in to the court on Monday if possible - while you are there ask if there are any free legal advisors in attendance on the day of your hearing - a lot of courts have them nowadays and they can accompany you into the hearing and speak on your behalf.

 

That is good news Ell. I will follow your instructions exactly, and will also ask about the free legal adviser, thank you so much for all your help, although thank you seems so inadequate for all you've done.

Can I just double-check on a couple of things:

 

 

  • Do I hand the printed N11M in as well as my pack?
  • Question 22 asks if I have any other credit debts (I have plenty) – do I have to answer that? I haven’t acknowledged any of my other debts for a long time and don’t really want to start now. Are they likely to bring this up during the hearing? Santander would know about it from my credit report.
  • Question 25 asks about priority debt arrears, I'm kind of up-to-date with all of those except gas and electricity.

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You don't hand in the N11M defence form at all, most of the questions on it aren't relevant to your situation-

 

just hand in the statement I drafted and all the appendices, that's all that's required.

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You don't hand in the N11M defence form at all, most of the questions on it aren't relevant to your situation-

 

just hand in the statement I drafted and all the appendices, that's all that's required.

 

great, thanks very much for that, I just wanted to make sure I've got everything clear in my own head. You mentioned a budget sheet but I couldn't find it anywhere on your message.

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Sorry, it didn't affix last time

Budget Sheet.xls

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Hi, did you hand the paperwork into the court ?

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Hi, did you hand the paperwork into the court ?

 

I did thank you Ell, all delivered and just waiting for the big day now - though not particularly looking forward to it.

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I did thank you Ell, all delivered and just waiting for the big day now - though not particularly looking forward to it.

 

It's understandable that you will be anxious about the hearing, but do try to stay positive. There's no point in me telling you not to think about it - that would be impossible given the situation, but you could try and think about how you will feel when the ordeal is over with :)

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Its funny, I feel a lot less stressed now the paperwork is in and have resigned myself to whatever will be, will be (but fingers crossed its in my favour), thanks again for all your help.

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Hi massamum so the judge granted a 56 day repo order.The lender will still have to apply for the eviction notice so there,s another two weeks,altogether you have about two and a half months to get this sorted out im going to have another read through your thread later and see if i can come up with something but for now stay strong and dont give up yet at least there is a little breathing space to work with.

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Hi newstarter, thanks very much for your reply. I really appreciate all your help but have decided to throw in the towel, I can’t take the stress anymore – ended up in hospital overnight last week with severe chest pains and have decided to sell to one of the quick home-buyer people. A huge loss but will just have to cut my losses and will hopefully break even with what I would’ve got if Abbey had sold (plus all their arrears and charges). Will now concentrate on finding somewhere to live, impossible when you’re on benefits so at least now I will have capital and can hopefully move on with my life and make full and finals to all my other creditors.

 

I spoke for myself at the hearing, but like I said I feel the outcome was a foregone conclusion. I can barely remember what was said, still reeling from it all.

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Hi Massamum - I'm so sorry you didn't get longer to sell the house - is there no way you can sell it through an estate agent?, it's heartbreaking to think you have to sell at a low price. I wish there was more we could have done, but without an offer to pay off at least a little of the arrears each month it was always going to be difficult.

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Hi Ell, house has been on the market with two different estate agents since last June and I’ve had very little interest in that time, market is dead where I am. Interest and charges going forward would’ve made the whole debt so much bigger and after a long, hard think I realised it was time to walk away while I still can.

 

You helped me more than you will know Ell (and Newstarter) and I can’t thank you enough for that.

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Hi there im sorry,no in fact im gutted i have racked my brains trying to think of another soloution but you have made your decision and i respect that,but i just wish i could have done more.Under the circumstances your doing the right thing and as you say you will have the worry of this off your shoulders.

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Hi there im sorry,no in fact im gutted i have racked my brains trying to think of another soloution but you have made your decision and i respect that,but i just wish i could have done more.Under the circumstances your doing the right thing and as you say you will have the worry of this off your shoulders.

 

 

So sorry for you but do agree your health is more important so at least some of the stress will be removed you take care

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Hi there im sorry,no in fact im gutted i have racked my brains trying to think of another soloution but you have made your decision and i respect that,but i just wish i could have done more.Under the circumstances your doing the right thing and as you say you will have the worry of this off your shoulders.

 

Thanks newstarter, like I said above, you and Ell have helped me more than you will ever know, your support has been invaluable. I just want to fast-forward six months and have this horrible time behind me.

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Hi Massamum,a money order with regards to your situation basically means that your lender has been granted permission by the judge to claim the overall amount owed by you and any shortfall once the house is sold.This is why you need to get the best price you can for your property.Say for example you sold your house for 70,000 yet you owed 100,000 to your lender,the money judgement allows the lender to chase you for the shortfall and can be enforced through say an attatchment of earnings,the above is just an example to explain what a money order is,also a money order stays enforceable for 20 years.This is why i always advise people to fight like hell against repo orders if they can because repossession can be just the start of your problems,so whats to do about this ?

 

Well the judge gave you 56 days plus they will have to go back to court for the eviction order so there is some time left yet.You said earlier that you are going to sell to a private company in order to get a quick sale,whatever you do be careful,shop around and read all the small print.At best i reckon you will be getting around 75% of the house value,will this be enough to clear the overall debt?.Also look for a company that does a sell and rent back scheme,but be carefull your not tricked into a short term tenancy agreement if you go that particular route.The main thing is to make sure there is very little or no shortfall to pay the lender after the sale.I know your feeling really sick about this

and have not got the stomach for another battle in court and that you want to see the back of this property but what you do from here on in will make a big difference in terms of the next few years.Im gutted for you myself ! however thats not going to sort this out,take a look at some of the private companies,start making some enquiries then come back on the forum tell us wht they offer and we will advise,regards N.S

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Above all remember you have support here at the cag,any questions,any worries you have regarding all of this then come straight to this forum,myself and others will be around to help as much as we can but i cannot stress enough you must get your head around this and make a start,make some enquiries look at the small print and come back to the forum if and when you need some questions answering.

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Thanks very much for your in-depth reply Newstarter, 20 years is a long time isn’t it!!!! Luckily there is quite a lot of equity in the house to repay the mortgage so please God it won’t come to that.

 

I’ve already signed with Property Rescue Limited (have you heard of them?). The offer was only ‘on the table’ for a couple of days before it would be withdrawn so I grabbed it. I’m tied in now. It was a desperate act and I’m not sure it was the right thing to do but too late now. It feels like they are stalling and the papers say they’ve only got an option to buy!!! I wish I’d asked for advice on here first but I was half out of my mind with worry and stress at the time. Stupid with hindsight.

My house was on market for £235k but Property Rescue said it was overvalued according to sales in my area and offered me £160k (which I accepted), the outstanding mortgage is £77k. I know it isn’t a brilliant amount but will get me out of trouble.

I wouldn’t want to rent back my house, as it would be too expensive (three beds). I’ve been looking around for a flat and have found one that I like but of course, having no job, they want six months’ rent paid up-front!!! I’ll be able to do that once/if the house is sold ….

It is a nightmare.

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Are you sure you're tied into this deal? - I don't thing any house sale is cut and dried until the last minute - and it's a hell of a lot of equity to lose. Go to a solicitor (you can get a free hour's advice at most firms) and ask them to check the paperwork for this. I know you have a lot on your plate, but please don't lose all that equity without exploring other options.

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Well i did some research this afternoon and it looks to me like your getting more or less the going rate from them in terms of these private companies and to be honest i cannot find anything in the way of bad press or complaints.I must admit im in agreement with Ellenn here its an awfull lot to loose and personally i would be looking to apply on n244 at the eviction stage for an extention of time so i could do my best to sell on the open market,however if your still determined to go down this route and be shot of the place i can understand that too.I would check to see if i were tied in or not to this agreement ,if not you could at least shop around a little more and please,please before you go signing things come back to this forum where we can advise before you sign on dotted lines,even the most simple of questions you will get help with on the forum,we are here to help and advise so use us,its no trouble:smile:

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