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    • Hi I hope all are ok in these trying times. I assume most of us will be in the same situation with employment etc.   I am obviously still intending to follow through my complaint against MB. However I do have to make decisions as I have found myself as will most people at this time left with a reduced minimal income, with all I can forsee is an impending up hill struggle for the forceable future.   So not sure what, if any options I still have, I am presuming VT was only an option earlier on and a court CO excludes that option,    I cant continue to honour the finance payments and cant even begin to estimate any timescales I would be again financially stable.   im trapped but want, no I need to get rid of MB all together, they can have the car and I learned the expensive way!   MB recently emailed a letter (which is copied below) in it they refer to a recent termination, this is the part that is very confusing as its my understanding they terminated the agreement in March 17.   They also inform they have placed the collections on hold, but then heres the cheeky bit, they do however want me to store the vehicle, tax and insure it, as per the agreement (the agreement that they already state was terminated) until they continue with their collection process;   Due to the Coronavirus (COVID-19) pandemic currently affecting the UK and wider world, we’re emailing to update you on what will now happen regarding the collection of your vehicle, following the termination of your Moneybarn vehicle finance agreement.   We won’t be collecting the vehicle at this time Normally, following termination of your agreement, we would arrange for an inspection and collection of the vehicle. However because of the current Government imposed lockdown, we are not currently able to collect vehicles until further notice.   What will happen next? Nothing for the moment. We’ll contact you as soon as there are any developments in the Government’s stance and we know that we’re able to resume our normal vehicle collection activity.   What do you need to do? We would appreciate if you can please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement. We hope this information is helpful and clear. Please stay safe and well, and if you need to contact us with any questions, please check out the latest information on the best way to reach us at   So they state termination, then expect to lay down instructions for me to comply with as per my finance agreement T&Cs. To look after the vehicle that they do intend to continue collection of.   If everythings terminated and in other words I have no right to the vehicle, Im not prepared to comply with instructions in line with a non existent agreement (I dont have to) and have a good mind to charge them storage.   However l would much rather just leave the car, send off V5 to change ownership and be done with it and concentrate on getting justice for their mistreatment.   
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Help!!!! H-fax seeking to reposses my house

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Hi

Everyone i am in need of help...got a letter of a court hearing for respossesion by halifax.

I do have arrears from an arrangemnet that had failed due to jobloss.the last agreement i missed 2 months and then in june my fixed interest rate came to an end bring my mortgage to considerable lower monthly payment ....halifax asked me to do a budget which i did offering to pay £100 on top of the now lower mortgage ..which i can afford easily.

they accepted the offer via writting from their solicitors and asked me to make the first payment on 28th june which i have paid promptly...but they are still taking the matter to court to reposses the property....in the letter from the solicitors after agreeing to the arrangement..they stated ......"that they would ask the court to grant an Order for Possesion suspended upon the above agreed terms at the forthcoming hearing.Provided the agreed payments are maintained in the future, our client will be unable to obtain an eviction date by enforcing the order for possesion''

 

Please what should i do? .....i have always been in contact with them since the issues started....please what should i do....I am married but no children yet....i have the copies of all the letters.

 

Can they still go to court to reposses despite having agreed to the agreed and I having paid.Is there something i can do to stop them

 

I also noted that there has been several £35 charges throughout the start of the mortgage...i dont know the sum but with all times i have been seeing those charges letters it might be more than hyalf of the arears...if not all.Can i use this charges in my favour as i think it isquite unfair

 

thanks for all your help...the hearing is on 28th July 2010

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Hi

Everyone i am in need of help...got a letter of a court hearing for respossesion by halifax.

I do have arrears from an arrangemnet that had failed due to jobloss.the last agreement i missed 2 months and then in june my fixed interest rate came to an end bring my mortgage to considerable lower monthly payment ....halifax asked me to do a budget which i did offering to pay £100 on top of the now lower mortgage ..which i can afford easily.

they accepted the offer via writting from their solicitors and asked me to make the first payment on 28th june which i have paid promptly...but they are still taking the matter to court to reposses the property....in the letter from the solicitors after agreeing to the arrangement..they stated ......"that they would ask the court to grant an Order for Possesion suspended upon the above agreed terms at the forthcoming hearing.Provided the agreed payments are maintained in the future, our client will be unable to obtain an eviction date by enforcing the order for possesion''

 

Please what should i do? .....i have always been in contact with them since the issues started....please what should i do....I am married but no children yet....i have the copies of all the letters.

 

Can they still go to court to reposses despite having agreed to the agreed and I having paid.Is there something i can do to stop them

 

I also noted that there has been several £35 charges throughout the start of the mortgage...i dont know the sum but with all times i have been seeing those charges letters it might be more than hyalf of the arears...if not all.Can i use this charges in my favour as i think it isquite unfair

 

thanks for all your help...the hearing is on 28th July 2010

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Hi there, did you get an N11M defence form with the court claim papers?

 

If so you need to get those filled in asap. I can help you write a statement for Q.27 of the form detailing that you have agreed a payment arrangement and that court action is not necessary.

 

When will you make the next payment?

 

As the hearing is not until 28 July we have plenty of time to get a statement together and we may be able to get them to agree to adjourn the hearing.

 

Has this ever been to court before?

 

I remember you had another possession claim las year which I helped you with - I assume that was resolved?


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Hi there, did you get an N11M defence form with the court claim papers?

 

If so you need to get those filled in asap. I can help you write a statement for Q.27 of the form detailing that you have agreed a payment arrangement and that court action is not necessary.

 

When will you make the next payment?

 

As the hearing is not until 28 July we have plenty of time to get a statement together and we may be able to get them to agree to adjourn the hearing.

 

Has this ever been to court before?

 

I remember you had another possession claim las year which I helped you with - I assume that was resolved?


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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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I have merged this with your other thread in repossessions so the advice is not split between the two and you miss something.


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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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I have merged this with your other thread in repossessions so the advice is not split between the two and you miss something.


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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Thanks so much for replying quickly once again....the next payment is on the 28th of july...

I got some forms from the court but i have not checked it now

i guess it is the defence form.

It has never gone to court

 

yes there was a possession order but that was for secured loan of £15k...i posted the outcome on this forum after the first hearing with lots of thanks .what happened was.....the court then could not find my defence ,luckly i had a court stamped copy as proof...they court asked for 2 months to find the original.before the second date we spoke with the loan company who agreed to the normal payment plus £25 towards the arears...via writting we took the letter to the second hearing and the judged suspended the possesion so long as we kept to the agreement

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Thanks so much for replying quickly once again....the next payment is on the 28th of july...

I got some forms from the court but i have not checked it now

i guess it is the defence form.

It has never gone to court

 

yes there was a possession order but that was for secured loan of £15k...i posted the outcome on this forum after the first hearing with lots of thanks .what happened was.....the court then could not find my defence ,luckly i had a court stamped copy as proof...they court asked for 2 months to find the original.before the second date we spoke with the loan company who agreed to the normal payment plus £25 towards the arears...via writting we took the letter to the second hearing and the judged suspended the possesion so long as we kept to the agreement

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Hi there, do you have copies of the statements showing the £35 charges? if so can you circle the charges in pen and write the total at the bottom of each page then the grand total on the last page. We can include this figure in your statement for the court to dispute the amount of the arrears.

 

How much are Halifax claiming the arrears are?


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Hi there, do you have copies of the statements showing the £35 charges? if so can you circle the charges in pen and write the total at the bottom of each page then the grand total on the last page. We can include this figure in your statement for the court to dispute the amount of the arrears.

 

How much are Halifax claiming the arrears are?


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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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Take a look at s140A CCA unfair relationship. I would have thought that adding the costs of a repossession when you have already agreed an arrangement would be a perfect case for unfair relationship...


If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Take a look at s140A CCA unfair relationship. I would have thought that adding the costs of a repossession when you have already agreed an arrangement would be a perfect case for unfair relationship...


If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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hi ....sorry am just getting back to the thread now....there 10 instances of £35 charge for arears managmenet fees (total=£350) ...especially an instance where there were 3 charges in the same month......

 

this spans from just july 09 to date.......I am quite sure the amount is way beyond that amount because there has been countless letters form h-fax saying they were charging £35 in the past...does that count ....problem is i dont have the full statement of the account from the begining ...all they sent was just from july 09.......and there has been charges way before that.....what should i do about that.

 

one other question is that there hearing is on wednesday next week ....can i still send a defence at this stage?

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hi ....sorry am just getting back to the thread now....there 10 instances of £35 charge for arears managmenet fees (total=£350) ...especially an instance where there were 3 charges in the same month......

 

this spans from just july 09 to date.......I am quite sure the amount is way beyond that amount because there has been countless letters form h-fax saying they were charging £35 in the past...does that count ....problem is i dont have the full statement of the account from the begining ...all they sent was just from july 09.......and there has been charges way before that.....what should i do about that.

 

one other question is that there hearing is on wednesday next week ....can i still send a defence at this stage?

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halifax are claiming £8,711.66

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halifax are claiming £8,711.66

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I got a package from the Hfax solicitors .....in it are the following

1. a document from land registry .. a copy of a mortage deed

2.Hfax booklet on mortgage conditions

3.a letter showing the conversion of halifax to bank of scotland

....my question is the mortgage deed the same as the mortgage agreement.....

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I got a package from the Hfax solicitors .....in it are the following

1. a document from land registry .. a copy of a mortage deed

2.Hfax booklet on mortgage conditions

3.a letter showing the conversion of halifax to bank of scotland

....my question is the mortgage deed the same as the mortgage agreement.....

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Shelter will represent you assuming you have less than 8k in savings. If you go to your CAB they will do an evaluation of your eligibility, and refer you. However, beware, we were told twice that as we had > 100k in equity in our property, we were not eligible - this is incorrect, for repossessions the qualifier is solely


If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Shelter will represent you assuming you have less than 8k in savings. If you go to your CAB they will do an evaluation of your eligibility, and refer you. However, beware, we were told twice that as we had > 100k in equity in our property, we were not eligible - this is incorrect, for repossessions the qualifier is solely


If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Hi, we can work on a defence over the weekend and you could take it to the court on Monday - can you do that?


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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Hi, we can work on a defence over the weekend and you could take it to the court on Monday - can you do that?


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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yes i can do that .....i will keep on the interent all weekend so we can deal with...thanks again for all your help

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yes i can do that .....i will keep on the interent all weekend so we can deal with...thanks again for all your help

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