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    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
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Eviction Warrant for 2nd time - PLEASE HELP


MelDo
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You can email it to me at [email protected]

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Hi Ell-enn (All)

 

Is there a prepared letter format anywhere for requesting details of all charges/penalties etc levied by a Mortgage company? I would like to see exactlywhat I've been charged. If there is a question mark over the legitimacy or amount of any penalty/charge they have unilaterally levied, wouldn't that bolster my case at the court hearing? Even so, I just would like to know.

 

Thanks so much

 

Mel

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Hi, yes I can give you a template letter later (I'm at work at the moment). Did you see my reply to your email last night re the budget sheet?

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Hi Ellenn, yes. My brother replied, did you get it? We are in the process of finding out the breakdown of arrears/capital included in the total monthly figure.

 

And thanks for the letter template.

 

Mel :)

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Hi there I have affixed a letter for you to send to request the full statement of account - you need to send it asap and by special delivery - send a copy to their solicitors also with a covering letter saying

 

"Re: First Plus Account No:

Please find affixed for your information - copy of letter sent to First Plus today by special delivery"

 

I have also affixed the letter you need to send once you have received the statement showing the charges.

Mortgages Charges letter.doc

Mortgage Statement Request letter.doc

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OK, you need to get the N244 application to court as soon after the warrant is delivered as possible. I have frafted a statement for Q.10 of the form and will try to complete it this evening. Have you finished calculating your household expenses for the budget sheet? have you decided how much to offer towards the arrears each month?

Yo shouldn't include any DLA benefit in your income column.

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I'll take the DLA payment out.

 

I'm making payments every day I have some spare money. Since last Monday I've paid £ 1875 to MAS. The arrears at the time they informed me that they were continuing with the repossession were £ 4662.47. They now stand at £ 2767.47.

 

Surely this will carry some weight with the judge?

Mel

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I'll take the DLA payment out.

 

I'm making payments every day I have some spare money. Since last Monday I've paid £ 1875 to MAS. The arrears at the time they informed me that they were continuing with the repossession were £ 4662.47. They now stand at £ 2767.47.

 

Surely this will carry some weight with the judge?

Mel

Absolutely - you won't lose your home. We need the budget sheet and how much you are going to pay each month towards the arrears. Don't offer more than you can reasonably afford. The judge would be quite happy with paying £2767 over 6 months or more.

Do you have proof of the payments you have made since last Monday ? we will need to put that evidence with the N244.

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Ell-enn, sorry to sound like a broken record, will it not influence the judge that this is the second time in three months that they have issued a warrant? Even though last time they accepted a lower than total figure (which was paid) to call off the eviction?

 

I really appreciate your help and time on this. Irrespective of outcome, I will be making a donation to the site as soon as matters are resolved.

 

mel

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The judge will make his decision based on the facts presented to him i.e. your ability to pay the monthly installment going forward plus an amount towards the arrears. The fact that you have made arrangements to add to your household income (your brother moving in) and you have paid a large amount before the court hearing shows your commitment to clearing the arrears. It will be OK :-)

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Hi Ell

 

Mike has sent the spreadsheet. I am confident that we can afford to pay the amount we originally agreed with MAS (£1300 per month with £ 618.77 being the monthly payment and the balance £ 681.23 to reduce the arrears)

 

By my reckoning that would clear the arrears in four months (first payment on Dec 1st, last on March 1st 2011). If the judge wants to reduce this amount and/or increase the timescale that's fine but frankly, I'll be happy to have them off my back as soon as possible!

 

I have prepared another payment plan which clears all the arrears by 23rd December, it is possible but obviously much more stringent on the household budget. Should I include this payment plan in the appendix too?

 

Mel

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Please do not offer more than the £613 extra you have already offered - of anything goes wrong and you can't raise the extra payments you will find yourself with another eviction warrant. Only offer what you know you can stick to.

 

You will need proof of the payments you have made since last Monday to affix to the N244 - are you able to do that?

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Ok!

 

Yes, I've spoken to the MAS this evening and they're sending a statement of the past 12 months payments out tomorrow. The lady was actually very helpful and said that she would make a note on the account that it is to be reviewed after each payment ( I plan to pay another £ 600 in the next 7 days). Of course they will not stop the eviction yet.

 

She told me that the reason they are taking action now is because there have been 7 failed plans in the past since the original court hearing in 2007. I can't disagree with that but the central point is that my brother's involvement has made a significant difference and that it was only a technical breach of the last payment plan caused by a salary date mix up.

 

Guess we'll find out soon!

 

Mel

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Hi Ellenn,

 

Yes, I've spoken to MAS tonight and they're sending out a 12 month statement tomorrow. They were very helpful tonight and told me that they cannot stop the action as there have been 7 failed plans on the account., All of these, of course, were prior to Mike's involvement and although we are in technical breach of the latest arrangement as he was two days late with the first payment, it is not fair to lump that in with the previous failed arrangements where money was far tighter.

 

She also told me she would put a note on the account that it is to be reconsidered after each payment prior to the eviction daye (25th November) in light of the effort that we are making to clear the arrears.

 

Ho hum!

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Can you really afford to pay another £600 in the next 7 days ???

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Hi Ell-enn

 

Sorry to ask but have you had a chance to look at the statement? I'd like to submit the N244 tomorrow if possible, Monday is probably fine?

 

I spoke to MAS today, they're increasingly helpful. I paid a further £100 on the account and they told me they would cancel the eviction (now confirmed for 25th November) if the arrears can be reduced to below two month's normal subscription (approx £1250).

 

Surely this plays into our hands with the judge too? We would arrive at that point with the first payment of a new plan!

 

Mel

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Hi, the statement is done - I was just waiting for you to confirm you had proof of all the payments you have made since last Monday....

 

How much would you need to pay to bring the account down to 2 months in arears ?

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in addition to what I have I would need to find another £800. Arrears currently stand at £2667. Two monthly subscriptions = £1240. I'm paying another £ 600 next week, so another £800 will reduce it to their threshold for cancellation.

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This is ridiculous! They're blackmailing you ! If you are going to apply for a hearing I would let the judge decide what is reasonable - believe me, there is no way you will lose your home.

 

Please do not try to rustle up another £800 so they cancel the eviction, just go to the hearing and pay what you have offered each month, the judge will be absolutely fine with that.

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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