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    • Thanks for your advice. They didn't really reduce her bill when putting her on the rolling contract. She's emailed BT to complain as well about £800 fee. She will have to check where she stands with her mobile contract given she is still paying each month as she still needs to have a mobile phone for emergencies. A lesson on how careful you have to be when changing providers
    • forget CAB you might as well phone bt back as thats about as useless as they'll be.   you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means.   what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new 24mts contract.   she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the raining months of the contract.   the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do.   rock and a hard place if she wants to keep the same mobile number.   Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it.   as for the £800 bill simply ignore them. they'll sell the debt on  and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.        
    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
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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.
       
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      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!
       
       
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Hello Please advise, I have just found out my husband has not been paying our mortgage, and we are having our house taken on the 20th of this month. I have contacted the lenders and they have just said tough luck, I have not spoken to them before, we can pay the money off at 600 a month but they do not want to know, I will signed a statment to prove all this. we do not have any other debts(ive checked). I have offerred to pay £3000 off but they have just said pay it if you want but it wont make any difference to us. Please please help I have tow small girls.

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Hello Please advise, I have just found out my husband has not been paying our mortgage, and we are having our house taken on the 20th of this month. I have contacted the lenders and they have just said tough luck, I have not spoken to them before, we can pay the money off at 600 a month but they do not want to know, I will signed a statment to prove all this. we do not have any other debts(ive checked). I have offerred to pay £3000 off but they have just said pay it if you want but it wont make any difference to us. Please please help I have tow small girls.

 

 

Who's name is the mortgage in?

How much are the arrears?

How much is the house worth?

How much was the original loan for?

How many months left on the term of the loan (exact number please)?

Are you and your husband employed?

Where are you getting the 3k from?

What was the reason your husband did not pay the mortgage?

 

When you say 'taken on 20th' do you mean that you have received a Notice of Eviction?

 

You will need an income and expenditure form (see the sticky thread at the top of the repossessions forum created by Ell-enn, she has linked to the various documents you will need there).

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hi

 

204000

arrers 42000

 

20 years left

 

sept 1900 oct 1900 november 1500 then 400 but this was held back due to sus fraud on account letter to prove this.Eviction applied for, told make.s no differenceif you pay december or not. 3000 is from our account, husbands work has agreed to pay monthly salary direct into mortgage account which is at least 2200- letter confirming this.

 

husband has just been diagnosed as having manic depression, he has addmitted intercepting my mail, he is a very good man and dad to our two girls.

 

Joint income is around 4000 so we can meet the payment no problem. only got the notice for eviction tuesday 11 dated the 15/12/11, not sure if this relevent?

 

girls aged 6 and 9 and settled in school.

 

My world is falling apart

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hi

 

204000

arrers 42000

 

20 years left

 

sept 1900 oct 1900 november 1500 then 400 but this was held back due to sus fraud on account letter to prove this.Eviction applied for, told make.s no differenceif you pay december or not. 3000 is from our account, husbands work has agreed to pay monthly salary direct into mortgage account which is at least 2200- letter confirming this.

 

husband has just been diagnosed as having manic depression, he has addmitted intercepting my mail, he is a very good man and dad to our two girls.

 

Joint income is around 4000 so we can meet the payment no problem. only got the notice for eviction tuesday 11 dated the 15/12/11, not sure if this relevent?

 

girls aged 6 and 9 and settled in school.

 

My world is falling apart

 

Can you answer all the questions in the order they were put in please?

It just makes it easier to assist you to have the information in order.

 

The date you received the eviction notice is irrelevant. Your husband's diagnosis is relevant - though your arrears are exceptionally high.

 

Are there any other loans secured on the property?

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Can you answer all the questions in the order they were put in please?

It just makes it easier to assist you to have the information in order.

 

The date you received the eviction notice is irrelevant. Your husband's diagnosis is relevant - though your arrears are exceptionally high.

 

Are there any other loans secured on the property?

 

Sorry,

 

Joint names

42000

178000

204000

19.5 years

Both employed full time nhs

3k is what we would have paid December plus what we have in the bank, this prove we are not wasting money, even more so over the xmas period.

Husband has mental health issues but is a very good man, he has tried taking his own life.

 

Thanks for your input

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So sorry to hear about your situation confuseddotcom, but all is not lost, although things have to move quite quickly now. You basically need to apply to the court as soon as you can.

 

Have you filled in an income and expenditure form yet and has the lender even tried to come to a payment arrangement with you?

 

You say that you can get your husband's wages paid directly to the lender, this be the monthly payment plus what else towards the arrears?

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So sorry to hear about your situation confuseddotcom, but all is not lost, although things have to move quite quickly now. You basically need to apply to the court as soon as you can.

 

Have you filled in an income and expenditure form yet and has the lender even tried to come to a payment arrangement with you?

 

You say that you can get your husband's wages paid directly to the lender, this be the monthly payment plus what else towards the arrears?

 

Thank you, not filled one in yet but will do. Mortgage company do not want to know. Payment would be monthly including at least six hundred off the outstanding. Paying three k tomorrow just to prove that my husband has tried.

 

Thanks again

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Sorry,

 

Joint names

42000

178000

204000

19.5 years

Both employed full time nhs

3k is what we would have paid December plus what we have in the bank, this prove we are not wasting money, even more so over the xmas period.

Husband has mental health issues but is a very good man, he has tried taking his own life.

 

Thanks for your input

 

Okay - firstly, you should get a letter from your hubby's GP to confirm the diagnosis, and a brief explanation of how it affected your husband and how it may have contributed to the arrears.

 

Secondly, you should fill in an income and expenditure form, and find out if you can afford the following payment monthly towards the arrears - in addition to this you will have to pay your usual monthly instalment. This figure is in line with the relevant case law for your circumstances, Cheltenham & Gloucester B.S v Norgan: 172.00 per month. This is the (rounded up) minimum that you can pay off your arrears in order to clear the amount before the end of the loan term, taking into consideration the 3k that you are planning on paying tomorrow. If you cannot pay the 3k then the minimum payment would be 185 pounds per month.

 

You must ensure that you can afford this payment, hence completing an income and expenditure form.

 

Once you have done the I&E and established whether or not you can afford the minimum payment above - you will need a form N244 to make a stay application for the eviction. You should attempt to get this into court by tomorrow, or at the very latest on Monday morning, so that you can get a hearing before a judge.

 

It is likely, if you can show that you can pay the arrears off within the term of the mortgage, that the judge will stay the eviction and you will revert to the position of having a suspended possession order on the property. If you keep making the payments, nothing further will happen. You should take complete control of the finances related to the mortgage if you think your husband may have a relapse of his illness.

 

I think your biggest hurdle will be that there was already an SPO in place which presumably you knew about given that it is a joint mortgage...so the mortgagee may argue in court that you should have known there were further defaults. Just be aware of that. Given that you have a joint income that should cover the CMI plus amount towards the arrears, you should stand a reasonable chance of having the eviction stayed.

 

But your arrears are very high - do you know if they include additional charges, or are they literally just missed payments? In which case how many months/years do they amount to?

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And finally...how much were the arrears at the point the original SPO was granted? And how long ago was that? And take along payslips from both yourself and your husband to prove your income - 3-6 months worth should be sufficient.

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Affixed is the budget sheet we normally use in these situations (it calculates automatically as you enter the figures). Also affixed is an N244 form which you will need to complete and get to the court asap. If you need help with the form please let us know, also Q.10 of the form is very important -it's where you describe your side of the story - again, I can help you with setting out the statement, just ask.

 

Would you be able to get a letter from your doctor tomorrow re your husband's medical condition?

Budget Sheet.xls

n244_0400[1].pdf

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Thank you, not filled one in yet but will do. Mortgage company do not want to know. Payment would be monthly including at least six hundred off the outstanding. Paying three k tomorrow just to prove that my husband has tried.

 

Thanks again

 

Well its easier for them if you don't make a proposal, but they can't just ignore you. They have to consider any reasonable offer to clear the arrears.

Regarding what they said about the payment not stopping the eviction, although this is true and not nice to hear, try not to get too stressed over it. Its something they always say, I expect to cover themselves.

 

Personally I would make a proposal to them, although at this stage getting the case to court in time is much more important.

 

As Lea says, you do have a good chance here if you can show the court details of your husband's illness and show that you can afford to repay.

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Well its easier for them if you don't make a proposal, but they can't just ignore you. They have to consider any reasonable offer to clear the arrears.

Regarding what they said about the payment not stopping the eviction, although this is true and not nice to hear, try not to get too stressed over it. Its something they always say, I expect to cover themselves.

 

Personally I would make a proposal to them, although at this stage getting the case to court in time is much more important.

 

As Lea says, you do have a good chance here if you can show the court details of your husband's illness and show that you can afford to repay.

 

thank you so much, my husband has also been to the police to report how he has been under pressure, i have a letter from them, should i include the letter from his work saying that his salary is now being paid direct into the account from the end of the month? From september he had been paying reugulary each month but because 400 was late, he though he kept them informed by email and have a letter from the bank to prove. We have kept the monthly payment to prove that we are sorted and can pay. Its mad we have no other debt apart from normal bills. My husband is so so scared.

 

Whatever happens, i can not explain how you have all made us feel about this, you are very good people.

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Hi there, do you need help with the N244 and statement to go with it ? You need to get it to the court today - I have a little free time this morning to help you.

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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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thank you so much, my husband has also been to the police to report how he has been under pressure, i have a letter from them, should i include the letter from his work saying that his salary is now being paid direct into the account from the end of the month? From september he had been paying reugulary each month but because 400 was late, he though he kept them informed by email and have a letter from the bank to prove. We have kept the monthly payment to prove that we are sorted and can pay. Its mad we have no other debt apart from normal bills. My husband is so so scared.

 

Whatever happens, i can not explain how you have all made us feel about this, you are very good people.

 

You are welcome. I can only go on my own personal experience, from the help I received on this forum and from what I have read in other threads (I would recommend you doing the same, it does help to put your mind at rest to a degree).

 

I can safely say that you are in the right hands having Ell-enn helping you. Please do let us know what happens if you can. Very best of luck to you and your family

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I'm not sure what you mean by in private ?

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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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It's against site rules to give advice solely by private message. However if there are some details that you would prefer to keep private then you can send me a PM. but this thread will need to be updated with how things are progressing.

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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It's against site rules to give advice solely by private message. However if there are some details that you would prefer to keep private then you can send me a PM. but this thread will need to be updated with how things are progressing.

 

Hi thats fine, its just stuff about my husband that i would like to keep off the site, but i do not have any issues regards any thing else.

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Hi, need a few answers before we can get to work on the statement:

 

 

Have you completed the budget sheet ? if so how much does it show you can afford to pay towards the arrears each month ?

 

Do you have a letter from your doctor confirming your husband's medical condition?

 

Do you have the letter from your hysband's employer stating they will make payments to the mortgage account from his salary?

 

Did you make a payment today? ( you said in an earlier post you were planning to pay £3k)

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, need a few answers before we can get to work on the statement:

 

 

Have you completed the budget sheet ? if so how much does it show you can afford to pay towards the arrears each month ?

 

Do you have a letter from your doctor confirming your husband's medical condition?

 

Do you have the letter from your hysband's employer stating they will make payments to the mortgage account from his salary?

 

Did you make a payment today? ( you said in an earlier post you were planning to pay £3k)

 

hi

 

We can afford up to six hundred a month, i know thats how mad a situation it is.

 

We have letter from employer about salary payment and also that he has been to see them to ask for help and councelling after admitting everything, a big brave step.

 

Letter from gp not ready until monday monrning. Have not made payment as wanted to check that we should with you, but money is there so its no problem. When it is paid it will put us 700 in front of the arrangement set up in september, the cancelled due to a payment of 400 late due to bank account being frozen, letter to prove again. They were kept up to date but did not even reply to email just waited for it then sent a letter advising of eviction, to pay as much as we can and they would review it but then we offered three k and they just said no.

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