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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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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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