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    • i can't find a lost scottish court claim for a speculative invoice... likewise i haven't seen any gauge of an increase in PPC's issuing court claims in scotland since the much trumpeted POFA changes in Scotland - if they even happened or changed anything   it pers concerns mea bit  more as you say you've read up....focussing on POFA.. that you still appear not to have understood the very 1st basic principle of PPC things ..they are not FINES.   if they did get sheriff officers to issue a claim, and again there is no data to indicate any increase at all in them doing so, bar a handful of cases you can count on one hand in the years before, there would be plenty of chances to fold .
    • Hi This is the email i sent in December.     Hi  I do apologise but I must say going by your list of varying case studies upon your website i think you are wrong. There are various examples there of let us say loans that have have recently completed, whereby resolutions have been found, they were not deemed out of time just because the policy was entered into at the start of the loan, some +10yrs earlier. What concerned me more was the DMP and thus the CMP & CML membership were only recently concluded.. The comment you have made that PayPlan sold me the two plans I've complained about in October 2007 is somewhat mute as policies were still live within the last 6yrs with regard to payments toward them , even within the last 3yrs , if fact. I would also like to mention. "letters in 2015 from Payplan should have alerted me there was an issue," is again pretty mute as I was not aware then I could complain of mis-selling, there is no evidence I can find before 2017 anywhere that CMP & CML were even reclaimable.! I would also like to point out there is a diff between CMP & CML, they state they are both membership schemes, they are NOT. I also believe the above further answers his exceptional circumstance question...there are none as I believe I don't need any as I am NOT out of time! For the reasons above I don't agree with your decision and would like to have this looked at by an ombudsman as stated in your previous email. Kind Regards.     I will post the attachment shortly.   
    • Ah I see, I did kind of give them a notice to pay up in 7 days before taking things further but they refused and instead asked for the next instalments through a solicitor letter. I was thinking whether it would be better and more cost saving if I instead take this to a small claims court as oppose to the big courts, I know that is what you suggested at the begining. I was just not sure if I had a case since I unfortunately signed the new variation agreement.   
    • Yes, I expect that the mutual agreement was based on "we'll give you this amount of money but part of the deal is that you agree not to talk about what happened during this mediation". I suppose that either party can insert any demands they want in the mediation process and it's up to the other party to accept it or to walk away and then to go on to court
    • Never heard of that....a mediator cant impose that ...nor the defendant unless it was mutually agreed between both parties.
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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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