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    • good idea take some pix and put them in a PDF read UPLOAD dx
    • thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
    • Date of issue –   13 may 2024 AOS date 31st may defence filing date 14th june plenty of lowell card claimform threads here use our enhanced google searchbox Lowell card claimform id be reading at least 5-10 threads a day. do NOT MISS your defence filing whatever happens.  
    • Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
    • The clock is ticking for savings providers. They now have just a few weeks left to get their act together and start offering loyal customers a good deal.View the full article
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Warrant applied for please help CANCELLED


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No problem, happy to look it over for you.

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Hi, you can send it to [email protected]

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Let me know when you've sent it:)

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That looks fairly comprehensive to me - you should perhaps separate the different issues and set it out with bullet points to make it clearer for the judge. I have affixed a witness statement template for you to look at - obviously you will have to arrange the bullet points to suit. If you have a look a some of the other threads in the repossessions forum you will see how various statements have been set out.

 

If you are attaching any other documents you should refer to them in the statement as "please see Appendix 1 (or 2 or 3 etc) affixed". then on the top of the document(s) you are attaching write the claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

Also, rather than the Norgan case law (which related to making payments to the arrears by installments), you should use S. 91 Law and Property Act 1925 Palk v Mortgage Services Funding Plc. (time to sell property)

 

 

 

 

draft witness statement.doc

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  • 2 weeks later...

We are in Court tomorrow to suspend the eviction. The lenders solicitors have written a long and lengthy letter to the Judge defending the application and I am absolutely terrified - the sale can only go ahead if the lender agrees with the findings of the FOS but they say they are challenging it. I have got evidence that my house could be sold by a quick sale type buyer at it has recently been valued at £350,000 and that we were told was a low value cos of the market - we owe £230,000 if we have to pay them what they say is owing - I am absolutely terrified as we have nowhere else to go and 2 children who would be just devastated by this. Can someone reassure me as I am losing faith. The eviction is set for Monday

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I just wanted to pop in and say all the very best for tomorrow :-)

 

Ell-enn has done another great job in advising you, so I'm confident you will get a positive outcome.

 

Let us know how it goes.

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Fingers crossed for you - if you can get in touch with your husband tell him when he gets to court to see if there are any free legal advisors there - lots of courts have them nowadays, and they go into the hearing and support you.

 

Did you put in your defence statement that you had two young children?

 

Ell-enn

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We put that in our original defence to the mortgage repossesion but not this one - my husband has brought with him case law and will argue to the best of his ability - sorry but I am absolutely terrified - surely they will allow us to stay till April as that was what the lender offered on the basis that we ignore what the FOS and just settle at what they say is owing?

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Just wishing you guys all the luck in the world. What I have just read is totally appauling. When you hubby phones with the good news(n I am sure it will be)take time out and then I would seriously consider making that complaint to the FSA and get compansation off the mortgage company. They just stoop so very low I am outraged.

 

Once again though I am thinking off you both along with, I am sure so many others.

 

Olives xxx

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Thank you all so much - he has just phoned with the good news - we now have till the 27th march to get the house sold - the Judge said we had been honest all the way through and indicated they had not. The solicitor for the lender then asked us outside of Court what we want to settle. My husband told him we would pay them exactly what we should have paid but he was too upset to talk and we will now set down and write another letter. I do not know what I would have done last night if I could not have got on this forum - I have felt sick all morning and am now shaking with relief - thank you all so much - I will keep you informed - but feel that we have won another battle. The thought of going home tonight and telling my two beautiful children they would have to leave by Monday was almost too much - but........... fight goes on. thanks again

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That's great news - hopefully you will now be able to get everything sorted out:)

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I am so very happy for you. Just take tonight and enjoy and relax. Dont think of the next fight yet, that can wait until Monday. Take a deep breath and have a lovely weekend just you, hubby and the kids.

 

Well done you have both been very brave, you deserve this.

 

olives xx

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  • 1 month later...

The only way the house sale can go through is that we buy our buyers property.

 

 

We got a mortgage in principal to allow us to do this but when it went to the underwriter

he wanted to have a letter from Bridging loans saying how the loan worked as their were no monthly payments.

 

 

Our mortgage broker phoned the lender who refused to provide anything.

For the very first time the lender actually phoned and spoke to me.

He told me that he would provide the letter on the condition that we paid him what he said was due and owing and not what the FOS had said.

 

 

I couldn't do that as then we couldn't sell and buy.

He told me that if I continued to fight he would take it to the Court of Appeal and it would cost me thousands and take years and through all of that I would owe him money.

 

 

When I reminded him that a FOS decison was binding on him he said if he lost at the Court of Appeal he would simply sue me and my husband for damages and it was my choice.

 

 

The FOS adjudicator then got involved and put an offer to him to settle it.

He refused and said the only way he would stop the repossession proceedings was if we signed a legal doc stating we would not take our claim with the FOS any further, or complain to anyone else.

 

 

If we do that he said then we could stay as long as we liked.

If we don't then the eviction will go ahead.

I cannot afford to pay him what he says we owe because the difference is massive and I coudldn't do the swap with the buyers of our house so I am stuck.

 

 

The eviction was suspended until the 27th.

Does he have to apply for another warrant or will the eviction just go ahead on the 27th?

We haven't been served with another notice

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We had the eviction suspended until the 27th March - the FOS are in talks with our lender about settlement but the terms from the lender once again say pay what we say you owe or we will evict you. We have to sing a legally binding document to say we wil not take the complaint any further - can they evict us on the 27th - please help

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I'm wondering if you could put an application into court tomorrow to see if you can get a hearing on Thursday to have the eviction further suspended while the FOS try to sort this out for you.

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I'm wondering if you could put an application into court tomorrow to see if you can get a hearing on Thursday to have the eviction further suspended while the FOS try to sort this out for you.

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The last order said "warrant for possesion be suspended for so long as the defendant pays the claimant in full by 4pm on 27th March 2009" I think that means if we don't pay them by 4pm they can apply for another warrant. Surerly they can's just come and evict us after 4pm?

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The last order said "warrant for possesion be suspended for so long as the defendant pays the claimant in full by 4pm on 27th March 2009" I think that means if we don't pay them by 4pm they can apply for another warrant. Surerly they can's just come and evict us after 4pm?

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