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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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staffyloos repossesion ADJOURNED


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hi can anyone advise me had a possesion hearing last march but paid arears off so the case was adjourned weve fallen behind with payments again capstone have told us we have a repo hearing on 26 march .have had nothing from the court dont know what to do .dont want to lose my house

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Hi staffylou

 

Welcome to CAG.

 

I can understand what a worrying time this must be for you, but please stay positive. You will be able to defend their claim for possession provided you can maintain your monthly payments plus a small amount towards arrears.

 

Ell-enn should hopefully be around the forum soon and she is an absolute superstar with her knowledge on repossessions!!

 

Best wishes.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Hi staffylou

 

I'm sure with the help and advice on here that you'll have a successful outcome. I attended two repossession hearings with a friend, one for the mortgage and the other for a secured loan. I've never seen anyone as scared, but the relief once it was over for her was unbelievable. The Judge was very nice and it was over in 5 minutes. Once the judgement was made she said it felt like the stress of the last 12 months had just disappeared. Obviously she has to stick to her repayments, but she is no longer hassled by the mortgage company on a daily basis.

 

If you can afford your monthly repayment plus a little towards the arrears then you've a really strong case. Do you have dependent children living in the property?

 

Stay positive:)

 

jaxads x

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Hi there, sorry to hear you are in this situation, but don't worry too much I'm sure we will be able to help.

 

Did Capstone give you a case number for the hearing on 26 March? Did you actually have a hearing last time, or was it cancelled because you paid all the arrears. If so then this is probably a restored hearing based on the original claim for possession.

 

Do you have the letter from the court regarding the adjourned hearing? It would be helpful to know exactly what it says.

 

Are you able to make an offer to pay something each month towards the arrears in addition to the normal monthly payment?

 

Ell-enn

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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 ellen yes it is a restored hearing coz i got arreaars down to below 2 months dont have court hearing but remember it said something like it coulb be restored within i year which is exactly how long its been.

i do not have a case number have only been told by capstone when it is.

im so grateful to you for replying

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Hi there, are you able to offer to pay anything off the arrears each month in addition to your normal monthly payment?

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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How much are the arrears? you have to be careful that if the interest rate goes up you may not be able to keep up the extra £500 per month.

 

We will have to write a statement for the hearing, and you will need to put in an income and expenditure statement (budget sheet). I have affixed the budget sheet we normally use for you to fill in. Remember the amount you are offering to pay towards the arrears each month should be the amount left over after everything else has been accounted for, including the normal monthly payment. Print one off to pactise on first so you get your figures right before completing the final copy.

 

I can then draft a statement for you for the hearing.

 

We can also write a letter to Capstone with your offer of payment so you can show the court that you have tried to come to an arrangement with them.

 

Ell-enn

Budget Sheet.xls

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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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at the moment arrears are v high about 14 k i was to scared to pay thought wats the point gonna lose the house .but now i can start paying off the arrears about 5k before hearing.thats the point interest rate went sky high thats wen we started to fall behind.weve both taken on 2nd jobs now so for next 6 months at least 500 is within budget i think

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That's fine - we can put in your defence about the 2nd jobs, that should impress the judge a bit:).

 

Let me know when you've done the budget sheet and I'll draft you a letter to send to Capstone.

 

Ell-enn

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, as long as you can give a good reason for getting into arrears again and can show that you are able to afford to pay extra each month towards the arrears, you should be OK.

 

Try to get your printer working soon if you can, as you will need to print off the letter to Capstone and statement I send you for the hearing.

 

Ell-enn

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

 

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how will i be able to show that i can afford payments now and couldnt before? am self employed as a dry cleaner ,things were a bit quiet for a few months and we had to repair some machinery things just spiralled out of control but now back on track business is better but how can i prove it.sorry if i sound thik.

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Do you have an accountant for your business ?

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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Hi

 

I work in IT (when I'm working) what printer is it and what's the problem I may be able to help?

 

Claire

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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just spoke to someone at capstone

after offering to make normal monthley instalment in march and pay 500 off arears and pay a further 2500 by 23 march they will hold off any action, i asked why i dont have any paperwork from the court yet and she didnt know why but i was told on the phone in december the date of the hearing.do you thik they have a court date or are they just trying to frighten me

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Ring the court in the morning and give them the date and Capstone's name and case number - see if they have a hearing listed for that date - if they have, then ring up again after you have made a payment and see if they have cancelled it.

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

 

Which lead to the printer the power lead or the one from the printer to the computer?

 

If it's the power lead then the chances are it's a figure of 8 (if you pull it out it and look at the bit that plugs into the printer it looks like an 8 liteally hence the name) so there's 2 things you can do

1. change the fuse (obvious I know but most people don't bother)

2. you probably have something else in the house that uses the same lead (they are standard) you can temporarily borrow the lead from such as a small portable cd player or radio.

 

If it's a different shaped power lead then the above applies e.g. older printers use a kettle lead etc

 

If it's the one that goes from PC then it's just a standard USB 1 (the squarish end) to 2 (the flatter rectangle end) connector (unless it's a very old printer) which again are standard and you probably have more than 1 as they are supplied with all sorts of PC peripherals such as digital cameras and again are interchahgeable.

 

Hope this helps

 

Claire

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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ok will do thanks ill call in the morning and ask if they have a hearing for that date .let you know tommorrow. if they do have one do you think i can trust capstone to keep their end of the bargain . should i still get some kind of defence ready?

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We've got quite a bit of time before you would need to get a defence ready - a week before the hearing would be OK. Best to make the payments and then ring up again to find out if it's been cancelled.

 

In the meantime we could write a letter to Capstone confirming your conversation and the payment agreement, then they would have to reply in writing and you could use that in any defence you might need. I could draft a letter for you if you like? The trouble with making agreements on the phone is that there is no proof.

 

Ell-enn

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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