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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I am out of my wits! Please help EVICTION CANCELLED


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Good morning all,

Well, this is going to be it!!??

Completed all the documents with Jansus and Ell-Enn's fantastic support. (without them I would not have been able to even think where to start).

Raced to the Court yesterday to lodge the application for a hearing and found the doors shut. Their closing time is officially 4 pm and I got there 3.55 pm (5 mins early) Typical authority attitude - wash hands and clean desk half an hour before you close, so you can go home on the dot. Never mind, I will be hanging in front of their door this morning to catch them at opening time.

What is going to happen next? Any one who knows, please tell me what the next step is.

 

Thanks again all of you who supported me and helped me to get to this stage.

DoubleU

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Hopefully you might be lucky and get a hearing for later the same day, if not tomorrow. Good luck, I knew Ell-enn was the person to help, she has plenty of experience at this, I wish she had been around when I was evicted as we could have got a very good case together. That will be three years ago on the 10th...

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Good luck

 

 

Regards

Lilylou

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Hi there, when you take the forms to court they should give you a hearing date there and then - probably tomorrow or Friday.

 

While you are at the court ask if there are any duty legal advisors present on your hearing date, a lot of courts have then nowadays and they can go into the courtroom with you and represent you.

 

Let me know as soon as you have a date.

 

Ell

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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 all,

 

Just returned from going to 'the dreaded place'.

They have granted me a hearing on Friday (9th) at 2 pm

for a mere 5 mins. So, I know, it is the same as during Roman times. Gladiator (Claimant) has opponent (Defendant) by the throat and is now going to ask the Emperor (Judge) for the thumbs up or down. 5 mins only feels like it's going to be thumbs down. But, in all honesty, without you guys, it would have been 'thumbs down' all the way, because I was not even aware of being able to make any appeals.

I didn't read the latest msg on this thread before I left, so I will now go back to the court and ask if there are any duty legal advisors available to mentor and hold my hand. Don't know why, but decided on the way back from the court to pop into Shelter (I thought they were only for 'Street Sleepers'). They guy there took a copy of the 'Notice of Hearing of Application' and phoned Blemain. To my dismay, Blemain utterly refused to even discuss the matter with Shelter. Shelter is now composing a letter to the court on my behalf as well. I can collect this from Shelter tomorrow. I hope this may swing the decicion if it is in the balance during the hearing. I will copy the letter tomorrow afternoon and hopefully will get some advice from you guys whether I should use it or not. I did it on the basis of going out with all guns (the ones I could find anyway) blazing. So, more updates to follow.

 

Then, I have to say, the feeling of 'the troops' (Ell-Enn, Jansus, Sillygirl1, Lilylou, Midge61, Middenmess and all those that have had the misfortune of trying to walk around with their fingers and toes crossed on my behalf) rallying, is what got me through this far.

 

Just a thought, any ideas or comments or advice on those companies that buy your house and let you rent it back?? are they just sharks that make use of other peoples misfortunes or are there some good ones?

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DONT go via the buy and rent back, they are sharks, they will buy yourproperty for 25% less than market value and then rent it to you at more than 25% market value...

 

If Shelter has written a letter for you can you fax or email it to the court and ask for it to go with your application, sounds like Belmain might be on a dodgy wicket - especially as the alleged arrears are relatively low and could be full of 'hidden' charges.

 

Maybe you could consider quietly asking the judge if he allows a further suspended reposession is that the lender should not impose further charges on the account as that increases the arrears to an unsustainable level for you, I would get Ell-enn's second opinion on that though.

 

The Shelter guy sounded really 'switched on' and as Belmain refused to speak to him you may have further grounds against them being unreasonable.

 

My thoughs are with you - it was three years ago on the 10th that this happened to me, however I did give the bailiffs who turned up a very long delay and possibly saved somebody else from being evicted that day. Even if I had fended off eviction then it would have possibly happened six months down the line.

 

Best of luck and keep us posted.

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I am now settling down a littlebit and I am just thinking, are there any threads on what this situation does to people mentally? I know how I feel, and I know how I felt when I got the notice of eviction. the world is just disappearing beneath your feet. Every step you take is either on quicksand, thin ice or Blemain, sorry, I mean Blancmange, and you stop thinking clearly and become irrational because of the realisation of what is about to happen to you

I have to say, just a little 'Good Luck' as I got from Lilylou is mentally very helpful; if only because you are feeling that you are not 'alone' anymore.

regards

DoubleU

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Just a thought, any ideas or comments or advice on those companies that buy your house and let you rent it back?? are they just sharks that make use of other peoples misfortunes or are there some good ones?

 

Here's a comment - don't even think about it!! they'll offer you 75% if you're lucky and 6 months after renting you'll find they either sell to another landlord (who won't renew the tenancy) or won't have paid the mortgage and you will be evicted.

 

OK - positives:

 

1. Your main mortgage is not in arrears

2. You have been making payments you can afford

3. You can show they are heaping charges on the account to make the position look worse

4. Shelter are going to give you a letter proving that Blemain are the **** of the earth (the judge will in all probability know that already!).

5. You are an intelligent man who has come to this situation through no fault of your own.

6. You have taken ownership of the situation and tried to find a solution.

 

Ergo - you have a more than 75% chance of being given time to sell the property (or in reality your daughter's property).

 

Stay positive - we can draft another statement to take to court with the letter from Shelter so you can hand it to the judge.

 

Ellx

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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Hi there, you will understandably be feeling the effects of this situation and you are not alone in that. The threat of losing one's home is a very debilitating situation - someone once said that it was the first thing you thought of when getting up in the morning - it was with you all day - and it was the last thing before your mind finally shut down at night.

 

However, the relief when you skip down the court steps knowing you have got a reprieve is, I have been told, second to none ! Keep that in your mind and imagine how it will feel, hopefully that should see you through.

 

However, you can come on here day and night and get plenty of support and reassurance - that's what we're here for :)

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 Ell,

 

Well, what can you expect from Ell?? A clip round the 'earhole' for asking silly questions, followed immediately by a strong statement of support and the strong advice to look at it from the positive side. Just what the doctor ordered. I nearly said "Yes mum" when I read it. (I hope you forgive my dreadful sense of humor Ell)

 

OK, time to 'take a pill' get my bloodpressure down, get some other things on my mind rather than sit here and mope about evictions and depressing thoughts like that.

 

See you guys later

 

DoubleU

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I am glad you did contact shelter as they have helped a lot of people on here.

 

Although I can not imagine what it must be like in your situation I can appreciate the stress must be very difficult. I do have some experience in that I worked on possessions for the Halifax for some years ( a long time ago) . But at that time I considered my job was to help the customer if at all possible. Help them with budgeting and look at any temporary solutions that might allieviate the situation.

 

As I was young and naive myself I sometimes would look at things in "black and white" and if someone had a utility bill to pay I would tell them to pay the mortgage first because if they did not then they would not have a house to pay the electricity bill on ( not in a nasty way you understand:))

 

But I did have sympathy for the customers on the whole and considered that I was providing a service to the customer and my employer.Also we did not have arrears charges until possesion proceedings were commenced.

 

For any other pearls of wisdom lets wait until after the hearing as we are all hoping the outcome will not be as bad as you expect.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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DoubleU

 

While ever CAG is up and running you will never be alone. The good people here have successfully supported a close family member of mine in a similar position to you. I truly have got all digits crossed and will be thinking of you.

 

Take care my friend and keep in touch

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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D'you know Lillylou, I have been working in the computer industry for many years, and have, other than for commercial reasons, never really seen the benefit of the internet, other than for people to send an endless amount of useless information by e-mail and sites like facebook etc etc. This site has opened up a new world for me and it looks good and feels friendly and seems to represent what I have been looking for for a long time, and never have been able to locate.

I consider myself very lucky to have run into you guys (and gals)

 

DoubleU

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Hi Ell,

 

(I hope you forgive my dreadful sense of humor Ell)

 

 

Absolutely :) I've got a pretty warped one myself !:D

 

I trust you'll forgive my bluntness at times - as my old dad used to say "no point in thinking one thing but saying another" :)

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 DoubleU, i have sat here and read your thread with tears streaming down my face as i know only too well what you are going though, i have been there myself. You have definately come to the right place (Ell-enn and Jansus have been sent from up above, truly wonderful people, as you have found out) not to mention all the others. Please please keep strong and remember what Ell-enn said about the feeling you will have when you are skipping down the court steps, trust me that feeling is really second to none and far outweighs the ones you are feeling now. I am aware that you are eating breathing and sleeping....(when you get some) those feelings but they will be gone soon. Just remember you WILL win these cretins and remember the saying "what goes around comes around" and it will for them, just wish i was at the back of them when it does..lol

 

Chin up mate, the good times are gonna roll xx

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Emily

 

Couldn't have put it better myself, every dog has its day !!!

 

Regards

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Hi Lilylou and Emily,

I am really touched by the contents of your moral support. I also understand that you know exactly how it feels and the lift it can give you. Unfortunately I am not familiar with this feeling, and I am just too afraid that I will get to sit face to face with some miserable swine who thinks it is about time to teach people a lesson and set an example. The fear now is not anymore that I don't know what to do or where to go. That was completed when I lodged the application with the court this morning, thanks to all you guys. My fear is now that I am dependable on some-one who makes an 'on the spur of the moment' decision, not knowing or believing that I not only have all the intentions of paying my dues, but that I really want to pay my dues, where they are due. I am not asking for any favours, only to be treated fairly and to be given the opportunity to fulfill the contractual agreement I made. It is the uncertainty you walk around with, until the moment is there. Nothing you guys or anybody else other than a lotto win, can do anything about it, 'cause it all plays in my mind. I know that once it's all over and the outcome is positive, I will be saying exactly the same as you guys. I will be encouraging anybody in the same position as hard as I can, once I have that experience. It's just that I am not sure and wonder, and wonder, and wonder . . . . If only. . . . We'll just have to wait and see. Keep my pecker up, stiff upper lip and all that stuff. Now I am learning the true meaning of those expressions. Not easy, but just as I am unable to stop the time, I will get through it, one way or another. Maybe, just maybe, this old dog is going to get its day.

DoubleU

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DoubleU

 

We have a hidden inner strength, that until we need it, do not know its power. I understand your feeling of trepidation, won't be long now.

 

Yes keep your chin up, I am humbled

 

Kindest regards always

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Hi DoubleU, if you are anything like i did, you will have visions that when you go to Court that you will be stood in the dock whilst the sneering know it all solicitor is quoting caselaw left right and centre, with the Judge nodding. The truth is, it is nothing of the sort you will all be sat down, round a table and nine times out of ten the Mortgage / Loan company instruct an agent who has probably not had the papers in his / her's possession for long at all.

 

The Judge will have already read the bundles from both parties prior to the hearing so five minutes will be long enough for you go get your case across. Get a duty solicitor at court if possible, i know you said you were going to enquire about one. You have great support on here. x

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Hi Midge61 and all others,

Had a decent result last night with a double scotch, which sent me to sleep. So, fatigue is getting less. I don't want to become an alcoholic over this, so the whole thing simply has to stop! Today is a little like the silence before the storm. Waiting, trying to keep busy, trying to find a job, against minimum wage if necessary, anything that gets me through this. I have collected the letter that Shelter wrote on my behalf and will publish it here, as soon as some-one can tell me how to do this. They sent the original by mail to the court, they sent a copy by e-mail to the court and they have given me a copy, just to make sure it gets there.:cool: So, I'm fine (under the circumstances) but I am still walking around with this cloud over my head. Silver lining? This time tomorrow I can tell you. Behind every cloud there is some sunshine, Yeah, I know, but am I going to see it? Time will tell.

Question: How do I dress for the court meeting tomorrow? I take it 'powerdressing' is out, but I also believe that dressing down does not help. Do I wear a tie? I don't know. I need to look like a guy who's trying very hard but who is not being given the opportunity to fulfil his obligations. My biggest wish after 'not being in this position' is just to pay my dues and settle and be left alone. That is what I will try to achieve tomorrow, and all I can do at the moment is hope that I can convince the Judge that that is what I am genuinly looking for. If I can get that across, together with Ell's expertise and you guys' support, I will walk out of the lions den alive. So, wait and see. :confused:

 

Thanks guys for your ungoing support!! :)

 

DoubleU

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Hi

 

Glad you are feeling more positive.Amazing what a good nights sleep can do:)

 

To post the letter on here you need to scan it into your computer and then use something like photobucket (on internet) to link it to here. That's how I do it anyway.

 

I would dress smart but casual for tomorrow something that makes you feel comfortable and confident.

 

What time is your hearing?

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Hi Midge61,

 

I have the letter on my PC as a word document (only 28k) Maybe useful for someone else, although I do accept that not all cases are the same.

Smart Casual it is then, Not over the top, but good enough to show I am not a yob who's trying it on! Oooohh, that makes me worried again. Why? I tell you, Last year I delivered my daughter to a party. I left at 9 pm and it was dark. Before I had driven 3 miles, I was stopped by a copcar with full blues and two's howling. I nearly had a heart attack as they cut me up!. Apparently one of my rear lights was not working. They were very agressive and called me a boy racer who was high on drugs. Funny?? I am 61 and drive a Citroen Picasso Diesel. Boy racer with grey hair?? Citroen Picasso Diesel, a real boy racers car!!! nought to 60mph in 30 minutes more like. On drugs? No! I do not eat hashfilled carrot cake and don't know how to make a spliff (is that spelled right?) let alone smoke it. Now, I have been called a diddering old fool at times, but boy racer on drugs???? What saved me from the 'servants of the law'?, is the fact that whilst they were on their mobile to check my road tax and insurance and MOT, I took a screwdriver out of the boot and replaced the lightbulb. But still, you know? They were out to 'do' me, just couldn't nail me on anything. Never mind, within the next 24 hours, we will all know. Need to get a cuppa and watch some telly to get my mind off things waiting. See you guys

 

DoubleU

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