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Help!!!! H-fax seeking to reposses my house


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Hi, I hadn't forgotten, I'll be back later this afternoon - got visitors at the moment :)

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Hi, I hadn't forgotten, I'll be back later this afternoon - got visitors at the moment :)

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, your statement to take to the court is affixed. There is no need to fill in the N11M, the statement will be OK at this late stage.

 

You need to fill in the info where there are XXX's (remove the XXX's).

 

Appendix 1 is your letter to Halifax making the offer of payment

Appendix 2 is their letter accepting the offer and proof of the payment you made on 28th June.

Appendix 3 are the pages showing the charges.

 

On each of the above - write the Claim Number on the top right hand corner and the relevant Appendix no on the top left hand corner.

 

Staple the Appendices to the Statement securely - you will need to take a photocopy of it all for yourselves to refer to in the hearing. If you get it to the court tomorrow they will be able to put it in the file for the judge to read before the hearing.

Diprobrazil statement.doc

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

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, your statement to take to the court is affixed. There is no need to fill in the N11M, the statement will be OK at this late stage.

 

You need to fill in the info where there are XXX's (remove the XXX's).

 

Appendix 1 is your letter to Halifax making the offer of payment

Appendix 2 is their letter accepting the offer and proof of the payment you made on 28th June.

Appendix 3 are the pages showing the charges.

 

On each of the above - write the Claim Number on the top right hand corner and the relevant Appendix no on the top left hand corner.

 

Staple the Appendices to the Statement securely - you will need to take a photocopy of it all for yourselves to refer to in the hearing. If you get it to the court tomorrow they will be able to put it in the file for the judge to read before the hearing.

Diprobrazil statement.doc

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Are you OK with the rest of the N244 form?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Are you OK with the rest of the N244 form?

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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what is the N244 form?

 

 

Sorry Dipro, my mistake I forgot you were at the first stage repo hearing - you don't need an N244.

Help us to keep on helping

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

 

 

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what is the N244 form?

 

 

Sorry Dipro, my mistake I forgot you were at the first stage repo hearing - you don't need an N244.

Help us to keep on helping

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

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 5 weeks later...

soory for the late reply...the new website redesign for the CAg was a bit difficault to figure so ....but i found it now....first of Many thanks to Ell-en for all her help

i got a suspended repossion order...the judge said since we already had an arrangement which i had started paying ...he did not see the need for the posseion order for hfax and there fore

he would order that i should not pay the court fees.....so i dont get to pay the court fees for the repossion order.....

BUT something new came up i just realised i could reclaim all the £35 pounds late payment charges on the account....is that right ...can i do that on my mortgage ........i hope it wont be not be considerd as a bank charge but rather a loan late payment charge right ...so i do nt get held up the present bank charge cases right?

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soory for the late reply...the new website redesign for the CAg was a bit difficault to figure so ....but i found it now....first of Many thanks to Ell-en for all her help

i got a suspended repossion order...the judge said since we already had an arrangement which i had started paying ...he did not see the need for the posseion order for hfax and there fore

he would order that i should not pay the court fees.....so i dont get to pay the court fees for the repossion order.....

BUT something new came up i just realised i could reclaim all the £35 pounds late payment charges on the account....is that right ...can i do that on my mortgage ........i hope it wont be not be considerd as a bank charge but rather a loan late payment charge right ...so i do nt get held up the present bank charge cases right?

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  • 2 months later...

Hi everyone ..i urgently need some advice.....i took out a credit card with capital one.... an in 2009 i started having some money troubles...capital one wrote me saying i was owing £1400. I also started receiving letters from capquest asking for the money...it seems capital one has sold on the account...(however i have checked my records i dont have any documentatation of signing any agreement to capquest)

 

However in 2009 i requested for a SAR and statement of charges from capital one...i sent the staturay cheque 0f £10 ...capital one wrote back that they did not recieve the cheque...i sent another check...i dd not get any responce for weeks ...so i sent a letter asking for a refund of the charges as they were unfair....capital one eventually sent the statement but did not respond to my request for a refund .....this was all in 2009....the charges with interest were aprox £1100

 

today i got letter from capquest lawyers saying that there have made an application for a charging order on my property and there would be a hearing in dec12 2010...apparently capquest had obtained default judgement against me for the sum of £1400 by the northampton county court .

Then on 12 october ....they applied for the charging order hearing.....

 

My questions...

1. this is disputed account...with sunstantial amount of disputed sum of £1100...i feel it is unfair that capquest went to court without informing me....as i did not recieve the court letters.

How can i set aside the intial default judgement

 

2. how can I set aside the application for charging order.

 

3. How can capquest be requesting for payment and taking me to court when i didnot sign any consumer agreement with capqst...how can i use this fact in my application to set aside the judgement and application

 

4.I now want to sue capital one for the PPI charges ...what letter can i send now since i had already sent them a ltter before requesting for the refund with no responce.....should i just go to the money claim straight away ..or should still send another letter...how many days should i give them to pay if am to send another letter..

 

 

thanks for all you help

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Hi dipo

 

Firstly you need to get the Charging Order set-aside, you also need to find out when the account was sold to Capquest. Once you've bought some time, then claim back the PPI with Interest, also claim back any Penalty Charges with Contractual Interest.

 

How can I stop a charging order?

 

 

The court must consider whether it is reasonable to make a charging order. Under The Charging Orders Act 1979 the court has to consider all the circumstances of the case and in particular

  • the personal circumstances of the debtor
  • whether any other creditor would be "unduly prejudiced". The court has to decide if making a charging order would disadvantage other creditors

The arguments you can use against the order being made will vary depending on your circumstances, whether you have equity in your house, and whether you own your home in joint names or on your own.

Some of the factors a court may consider

 

  • Whether any member of your family has a disability or serious illness.
  • Where you have a number of debts, whether making a charging order in favour of one creditor would give them unfair priority over other unsecured creditors. It is particularly useful if you can show you already have a payment arrangement in place with your other creditors. This would be affected by a different arrangement being made.
  • Whether there are any other creditors who might object to the order being made. The charging order nisi should be sent to all your other creditors. If they have not been informed of the hearing you can ask for the application to be dismissed or at least adjourned to allow creditors to be notified and make an objection if they wish.
  • If the debt is small you can argue it would be unfair to make a charging order on your home if it is worth a lot in comparison. This is based on a case called Robinson v Bailey.
  • Whether the creditor could have given you a secured loan when you first took out the loan. If they decided to give you an unsecured loan instead, this could be particularly relevant if you have other unsecured creditors who may be disadvantaged by a charging order being made.
  • Whether there are other ways the court could enforce payment of the debt. You could ask the court to make an instalment order or an attachment of earnings order so that the instalments would come directly from your wages. This only applies if you are employed and your employment would not be at risk.
  • If you owe less than £5000 in total to all your creditors you can argue that the debt should be included in an administration order rather than the charging order being made absolute.
  • If you are likely to be made bankrupt you can argue that a charging order would give the creditor an unfair advantage over other unsecured creditors.
  • If your home is not worth as much as your mortgage (also known as "negative equity") then you can argue it is not worth a charging order being made as the creditor would not be paid off even if they forced your home to be sold.
  • You should point out any particular hardship which your family would suffer if a charging order was to lead to the sale of the home. This is particularly important if the debt is not in joint names, as it is not then your partner’s debtl

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Hi Rebel11...thanks for the prompt reply...please how do i set aside the default judgement......

and how do deal with the hearing in Decemeber which by another court,,,,will the set aside of the default judgement stop the hearing

 

it looks like the account was sold in 2009.....but the fact that i dont have agreement with capqeeust ...not make capquest a third party in thsi matter...

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Hi dipo

 

I think you need advise from Ell-enn, she's not around until the beginning of next week. But she can help draft the response, she's very knowledgeable.

 

Hi Rebel11...thanks for the prompt reply...please how do i set aside the default judgement......

and how do deal with the hearing in Decemeber which by another court,,,,will the set aside of the default judgement stop the hearing

 

it looks like the account was sold in 2009.....but the fact that i dont have agreement with capqeeust ...not make capquest a third party in thsi matter...

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