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    • @dx100uk - hi, started new thread here.
    • Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:   Name of the Claimant ? Hoist finance UK holdings   Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>   2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served.   3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.     4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
    • I don't think so. The information is supposed to be incorporated as part of the manufacturing process.   Most of the providers who flout these regulations get away with it because they say that their produce is a "show plate." Those producing legal plates are registered with the DVLA and will insist on ownership documentation. Here's some FAQs from a legit supplier:   Frequently Asked Questions - UK Registrations (ukregplates.co.uk)   A couple of those questions and answers: Do your number plates include your legal details? / Are your number plates road-legal? All of our number plates feature the required legal markings. This means that the text "PLATE FINDER SM1 4NG" will be shown on the bottom centre of the plate and "BSAU 145d" will be shown on the bottom right of the plate. This text allows the relevant authorities to find out which company produced the number plates if required. Do you require documentation? As a DVLA registered number plate supplier, we have to request documents that prove your identity and that you can use the registration number. We understand this is a slight inconvenience, but do our best to ensure sending documents to us is made as simple as possible. Be aware of other suppliers that do not request these documents, as it may suggest the replacement number plates they are producing are not road legal. [my highlighting]   When sending in documents we require one of each of the following: To confirm your identity driving licence utility, Council Tax or rates bill from the last 6 months bank or building society statement from the last 6 months national identity card To confirm you can use the registration vehicle registration certificate (V5C or V5CNI) new keeper supplement (V5C/2 or V5C/2NI) of entitlement (V750 or V750NI) to the number retention document (V778) - not applicable in Northern Ireland a renewal reminder for vehicle tax or SORN (V11 or V11NI) temporary registration certificate (V379 or V379NI) a number plate authorisation certificate (V948) with an official stamp from the Driver and Vehicle Licensing Agency (DVLA) or Driver and Vehicle Standards Agency (DVSA) an electronic number plate authorisation certificate (eV948) a letter of authorisation from a fleet operator (including lease or hire company) quoting the document reference number from the registration certificate This is a link to the DVLA's register of authorised number plate suppliers:   Find your nearest number plate supplier - GOV.UK (www.gov.uk)   If you wanted street legal plates it seems you may have done your money.  
    • I've come up with a fairly detailed statement.    it seems to me that I could reasonable argue that the school provided half (or whatever) of the services they were supposed to, so I should pay half.   The question is should I just put that sort of reasoning (admission?) in my statement? Or, should I be concentrating on asking them to prove their agreement with me? 
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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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HL interactive/Santander


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Hi,

I looking for some advice but understand the answers may be speculative.

Here goes.

I am employed

Wife is self employed

For the past two years my wife has been self employed as a mortgage broker,yes she went self employed as the market crashed and has struggled on for two years. Because of this her credit rating is shot and is now unable to get a job in the financial industry as no one will touch her.

Our mortgage is £338,000 plus £16,000 arrears. We are on a fixed rate and the monthly payment is £1788. We have been unable to pay that amount for quite some time as we also have other expenses with 3 children.

Our house is in litigation and HL interactive are dealing with it.They said that they are only allowed to accept one payment plan offer which was the full mortgage payment without any on top arrears being paid off yet. We were unable to keep to that arrangement and have been paying around £1000 into the mortgage each month.Obviously this is showing up as a broken arrangement. We have no family or friends that are in a position to help and we have had the house up for sale at a reduced rate for the past 3 months with no offers. On December the 2nd our mortgage fixed rate finishes and we go to the variable rate.This means our mortgage is going to go from £1788.00 at 6.4% down to 4.24% and an approximate monthly payment of around £1150. This is going to mean the difference of being able to keep our home or lose it.

Srry I'm waffling on a bit but very stressed out.

What I am asking is that we would be able to manage paying around £1400 into the mortgage so that means approx £1150 into the loan and £250 off the arrears which means IF everything stayed te same a 5 year payment plan would need to be agreed as £16000 arrears at £250 per month equals 5 years. We also have one other secured loan with Welcome finance,we are also in arrears with that and now pay £180 per month to them. We have approximately £30,000 of unsecured debt that is gradually going down . Am I clutching at straws to save our mortgage or do you think its possible. I have been in contact with the civil service benevolent fund and they have someone contacting me Monday to sort the debt out. Thanks for listening and sorry for waffling. Stuart

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Hi scorpio well you have come to the right place.The situation is a bit of a mess at the moment so lets break things down into smaller peices for want of a better phrase.Firstly mortgage payment is currently 1788 and on december the 2nd goes down to 1150 so a decrease of 638 and the arrears is 16000 so 250 a month extra over 5 yrs would be job done and still leaves you 388 to play with.Iam assuming there is a possession order on your home or the lender is going to court to apply for one,so heres what you need to do,firstly pay as much as you can this month,that clears the way for decembers fall in rate,secondly you need to contact your lender to agree a new payment plan.There is a court ruling that allows for arrears to be paid over the full term of the mortgage ie norgen ruling but first you must concentrate on paying this months payment first before you take the next step

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Others will be along soon to help you,you wont be on your own,just try to concentrate on the mortgae payment for november at the moment as it is your priority debt,could you post a little more info about any impending legal action with regard to your property thats going on at the moment,the clearer the picture the better.

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Thanks for the quick replies.

The solicitors letter I received this morning:

We hereby give you notice that it is now our intention to commence possesion proceedings in the county court on behalf of our client after 15 business days from the date of this letter (9th November).

Arrears amount £15619.75

 

Thats basically it bar the usual jargon. I called them today and they said that it wasn't 15 business days it was 15 days but I'm not sure that makes a difference anyway. If it goes to court before December we will not be in possesion of a confirmed new rate and payment amount from Santander as I spoke to them as well today and was told we would not receive a letter with those details until the begining of December or the end of November.

Thanks for any help.

I have also set up a standing order for £1400 this month to pay into the mortgage. As regard to a new payment plan Santander will not speak to me regarding that and have been told that I can only speak to the solicitors now. Also I cannot set up a new payment plan until we get the new rate reduction as otherwise I will be offereing less than the normal monthly payment as it stands at the moment..Does that make sense ?

Edited by scorpio stu
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Right thanks for that info so as yet you have no possession order on your property,good.You will be sent notification of a court date for the hearing,you will need to put forward a payment plan to both your lender and if not accepted the judge at the possession hearing,it will involve income and expenditure and an arrears payment plan going forward,this really is worth fighting for and you have a good chance of saving your home.ELL-enn is the person you need to be in touch with over this,i think she will be on here tommorrow,if you cant reach her one of the site team will flag this up,you are going to need her help but be positive i have seen people with larger arrears amounts than you keep their homes.

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Can I submit a payment plan without having the new rate and ammount confirmed,will the solicitors just not say it is below what the monthly mortgage amount is at the moment ?

 

Can I get reply notifications on email,it doesn't seem to be working ?

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Your payment plan can be submitted to your solicitors so they can present it to Santander as the rate decreases in December i would be stating that the repayment plan would begin then in any case even if it did go to court a repayment plan would not begin till then anyway.

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Another thing i forgot to add is that if santander,s solicitors reject your repayment of arrears plan and still go to court it would be for the judge to decide if your payment plan is acceptable not santander or their solicitors,my guess is with you being in full employment the judge would suspend the order anyway .

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Glad to help in any way i can, remember concentrate on the main priority debt first,your mortgage,set about this situation one debt at a time,remember your half way through November already so that decrease in mortgage rate is just around the corner as i have already said,any payment plan would or could not feasabley start till December anyway.You can prove that you can pay off the arrears at 250 per month on top of the normal monthly payment,i can,t see a judge granting full possession im sure it will be suspended and my guess is the lenders solicitors would know this,be careful not to offer more than you can afford,this is a common mistake which people make when putting forward a plan to pay off arrears.forward your offer to the lenders solicitors if they try to scare you into paying more off the arrears than you can afford,then go to the possession hearing and put your offer to the judge,as crazy as it sounds,going to court can be the best thing that can happen,income and expenditure your payment plan going forward,get those two things completed then send them to the lenders solicitor and take it from there.

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A quick update.

Our mortgage rate changes on the 1st December and going to go dowm £1788 down to around the £1200 mark. Spoken to the soliocitor and they said as long as they are inpossesion of the letter from Santander regarding the rate change.

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Im surprised a big high st lender like Santander will not talk to you directly i know it does not break any conditions set out in the pre mortgage protocol but it does make things slightly more difficult because of the poor communication between lenders and their representitives sureley they have a collections dept which you could have talked to,"what are these people like",anyway ok so the payments go down to roughly 1200 pm which is a difference of nearly 600 pounds and their reps want proof of this from santander,"why dont they just bloody ask them lol" see what i mean by making things difficult!!!!!! okay then possession proceedings will not start till the end of the month anyway so you still have time to reach an agreement with their reps you need to chase up this payment reduction letter quickly,in fact santander should have sent you the letter by now,so chase that up for a start.

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Thanks for that. I have chased Santander every day,they don't seem to appreciate that this is the difference between keeping the house and losing it. They know what the rate will come down to but I am the one doing the chasing. If it doesn't arrive today I will call them again and again until it does. Makes my blood boil.

I do feel more upbeat about things and I just hope it works the wway we want it to. With regard to our other debts we have a company coming Tomorrow night supplied by the civil service benevolent fund through work who have been great. It's a free service and hopefully we can get something sorted there as well.

Fingers crossed please everyone that this may all be going in the right direction.

Thanks again for all your help.

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Thats good news,always good to have someone in your corner so to speak,keep chasing that rate reduction letter although i have a sneaky feeling Santander,s reps woulld already know of the rate reduction as they would be in possession of your file and as such would be able to log into your account from their office,anyway phone calls everyday to your lender,you want that letter as soon as possible.

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Well I have now recieved an email back from the solicitors stating : Santander will not accept a lower payment. They will only acceptthe full mortgage payment (which will be £1251) plus £650 per month extra to clear the arrears within a 24 month period.

My reply to them was : Obviously if I could pay that sort of figure a month then I wouldn't be in this mess in the first place. I feel it is anacceptable to say that is the only offer they will accept. I am sure there was a ruling that the bank could accept the full mortgage payment and spread the remainder of the arrears over the term of the mortgage which is another 18 years.

I feel like this has pu us back to square one again and not sure where to go from here. We have still not recieved the letter of the new rate from Santander.

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I have seen somewhere on the net (and I wish I had printed it or saved it but stupidly didn't) , something regarding the name jorgen or something similar vs a bank/building society stating a judge ruled that the mortgage arrears could be paid over the remainder of the term. I now can't find it anywhere,has anyone else heard of this ?

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Hi there Stu the norgen ruling which still stands and is used in many repo hearings hearings was a judgment that centred on two parts,the first part involves what money is due,and the second part refers to what can be defined as a reasonable time to pay what is due,you see lenders had always argued that the sum due when a default has taken place was the whole sum of the mortgage and any arears should be payed back over a term of not more than 4 years,the apeal court judges in the norgen case ruled that the sum due can only be the amount that would have been paid had no default occured they further ruled that the starting point for paying back sums due ie arrears should be the term that the mortgage has left to run,this is statute and as i have already said is often sited during repo hearings.

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Right for a start they are breaking mortgage pre action protocols (these are measures the lender should have taken before the comencement of court action to agree a soloution with the borrower) for instance,moving the payment date,considering extending the mortgage term,deffering payments to name a few,Santander are not complying with the protocol which a judge would expect before action took place in a court.

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650 pound a month on top of your normal payment !!!!!!!!!!! they have to be having a laugh,look tell them you will see them in court we can prepare a defence if need be no judge in the land would force you to pay that stu,they are trying it on big time as i said earlier,scare tactics.

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Heres the way i would go with this ,pay the normal payment,1251 plus the 250 you have already offered to pay,off the arrears,if Sander,s reps dont like it take it to court,i know i would,you will get all the help you need on this forum.

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Santanders reps said they would apply for a possession order somewhere around the 25th so i couldnt see a hearing before the middle of December at the earliest that gives you plenty of time to prepare a defence if they dont play ball.Im amazed they asked for such high payments off the arrears,my guess is they think you dont know that there are other options open to you,repeat your offer to them and as i have already said if they dont accept take this to court and defend the application.

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