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    • Is the letter headed Letter of Claim/before Claim or similar? If not, it sounds like more of the threatogram chain. If you're not sure, post up an anonymised copy of the letter and we'll check. HB
    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
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Eviction notice received please help


wrecked
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Thanks

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Hi Lea

 

Yes u are absolutely correct. The masterplan was to sell at the end of the term and yes, it is worth much, much more.

Thanks again for yr fast reply.

Lea, I really am grateful to you.

I am slightly less wrecked than when I first started as now i hv a clearer idea.

 

thanks so much

Wrecked

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Hi Pat 2010

I am unable to reply to your private msg as I am too basic an account holder. But, FYI I received acknowledgements from the both benefit authoities within a couple of weeks from my submission. They told me that the whole process will take 16 weeks and now theres like 12 weeks left.

I hope this helps.

Best

Wrecked.

 

Oop's sorry, hadn't realised.

l was merely going to suggest contacting the benefits office to see if they could fast track your claims due to your circumstances. Or at least ask them if they could put in writing that your claims are being currently processed. Could be that they already know if you are entitled but are snowed under with claims (which is what l was told by DWP yesterday) at least that way you will know one way or another if your future income will maybe increase, at least you would have proof that the claims are being dealt with.

 

Pat.

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Hi Lea

 

Yes u are absolutely correct. The masterplan was to sell at the end of the term and yes, it is worth much, much more.

Thanks again for yr fast reply.

Lea, I really am grateful to you.

I am slightly less wrecked than when I first started as now i hv a clearer idea.

 

thanks so much

Wrecked

 

No problem at all. Please keep us up to date with how things progress for you.

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Hi Lea

 

many thanks for your message. I decided to call up the lender and see if i could come to some arrangement. I just came off the phone with the eviction team. First they wanted the full amount of arrears, but i explained my circumstances. I offered to pay £ 300 now and a further 300 Tuesday next week and the balance the following week. I porposed that I will be able to pay £1000 per month. She asked where i was getting the money and i explained that i am self employed and i called up my old clients, explained my situation and asked if they can give me more work, and that a number have agreed to do so and i would be able to make this amount regularly every month. She said she will send me a personal income and expenditure form. I was to complete that and return it with my proposal and they will consider it. I dont know if its going to be good news or bad, but the phone line was really awful, so i could not detect any significance positivity out of her voice. I did make it really clear that I would be able to make this, a regular monthly payment

 

I did not tell her that i have already completed my own personal income/outgoing statement, nor that my children were willing to contribute (I would like them kept out as far as possible)

 

what do you think?

I suppose i have to make them an offer they cannot refuse!!

 

Best

Wrecked

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You're not obliged to provide them with an I&E - you can simply tell them you have done one and state the amount offered is the amount you can afford.

 

You should not be offering to make a payment unless you are absolutely sure that you can maintain it. Do not be forced into making a panic offer, particularly since you are still getting your work back on track, as it will only set you up to fail. You are far better off taking your chances in court given that you intend to sell the property anyway and there is equity available to discharge all loans secured against it.

 

Only make an offer you can reasonably afford.

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Hi Lea

 

Thank you for your message and warning. Yes I agree with you totally. I will be able to afford this. So I am not obliged to provide I+E? I did not speak to my lender but i think i spoke with their solicitor - although the phone number i called them on was the arrears dept., they transfered me to their "eviction team". the lady would only give me her first name and said i was to contact her again through the same phone number.

 

I may need some help from you in writing this letter/proposal if thats ok.

 

thnks again

wrecked

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I can certainly look at any letter/proposal you post onto the thread and suggest amendments. It should actually be fairly straightforward since you are offering them a fixed sum on a monthly basis.

 

I would suggest to you that you conduct all discussions regarding offers and agreements in writing only - don't phone them, it gives them the opportunity to browbeat you into submission. Plus, the most important point, the letters can be used as evidence in court that you tried your best to resolve the issue.

 

You do not have to provide them with an I&E - if you go to court you should provide the judge with a copy of the I&E, but the mortgagee isn't entitled to one at this stage (they will always ask for it, and will often say the agreement is dependent on you providing it - but you can still refuse as there is no legal obligation at this stage - if they do not believe you can afford it, they can proceed to court).

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Hi Lea

 

Thanks for your messages. yes i'll make the proposal in writing. I'll start on it soon.

 

And yes - I seem to be getting my act together. I noticed that too. I think its having had the gut wrenching discussion with my children.

but most of all, I have you to thank for that. So thanks Lea.

 

Notwithstanding - I am still totally scared because i really do not want to go to court with all its remifications ...... But i suppose its going to be inevitable if they do not accept my proposal.

 

thanks again

Wrecked.

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Hi Lea

 

Thanks for your messages. yes i'll make the proposal in writing. I'll start on it soon.

 

And yes - I seem to be getting my act together. I noticed that too. I think its having had the gut wrenching discussion with my children.

but most of all, I have you to thank for that. So thanks Lea.

 

Notwithstanding - I am still totally scared because i really do not want to go to court with all its remifications ...... But i suppose its going to be inevitable if they do not accept my proposal.

 

thanks again

Wrecked.

 

It's all down to you realising that you're not helpless in this situation - and letting the children know means no more pretending at home, which is much less stressful than trying to make out everything is fine. Once you know you can take control and DO something, it all becomes a little less frightening.

 

The same goes for court - it is a daunting experience, but not nearly as scary as you think it will be if you go in well prepared with a reasonable proposal. The judge doesn't want to order possession of your home unless there is absolutely no other alternative - remember that.

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  • 2 weeks later...

Hi Lea,

 

Sorry I have been off air a while. I have just been keeping my head down. Well the good news is that the lender has accepted my proposal and I sent them a big chunk of the payment. I still have a small amount to pay them but I sent what i received incase I blew it on things like food. I have some time left and should be OK. New business came in, got paid and it seems to be going to plan. Regretably, I am still having sleepless nights as I was worried about next month though I have got some more work for it but not quite enough. Then this afternoon, I received a confirmation that I will NOT get any Employment and Support Allowance. This is a bitter blow as ESA will really help me. I raised a new thread in CAG.

 

Anyway, I wanted to thank you again for your support. I will come back and let you know once the lender cancelled the warrant - which they should do shortly once I make the balance payment next week.

 

Best

Wrecked.

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  • 4 weeks later...

Hi Lea

 

Thanks so much for all your help. i am so sorry i've been of air. Asyou can imagine i hv been real busy keeping my head straight and dealing with other issues. BUt as far as his is cncered, the lender cancelled the eviction and everythings fine. so its good news. i've got to pay them this months and i will do that next week. I wanted to give you an update. But most of all, i wanted to thank you. So thanks very much indeed. I hope others who read my thread found it useful. All the very best/Wrecked.

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That is excellent news!

 

As I said to you before, this is all down to you realising that you could be in control of your situation.

 

Well done to you. I hope you have a fabulous summer ahead of you!

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Thanks Lea. the trouble with this kind of problem .......

 

a. Its a really big , big, big problem

b. its so private and embarrassing

c. You dont know who to ask

d. you cant share with any one

e. you cant speak to the lender as they pass you onto their solicitor who just beats you up

 

But then theres you guys and the CAG .......the speed, the manner and the quality of your responses makes a remarkable difference and adds such value ... I was able to go back to the solicitos and then by pas them and get straight to the lenders themselves.

 

thats the thing.

 

so i am sincerely grateful to you and the CAG as it provides support to people in my situation (who were really on the verge of jumping off a tall building) an opportunity to turn things around.

 

A couple of great things that came out of this...

 

1. The hardest thing was to have to bite the bullet and tell my children that they may lose their house.... but my relationship with my children has improved so much - now they are so caring and responsible. doing things round the house and checking on me. I have never experienced this before.

2. I managed to be awarded employment and support allowance - thanks to the guys in the benefit section - (First they rejected me, and then suddenly, theres money in my account and i get a letter of confirmation!!!) - so hopefully, i will qualify for help with my mortgage and that really will save my house.

 

and as for summer, i got it fairly well planned...I aint going no where - its Bar B's in my lovely garden (which only took me 5 years to get it looking great) with my wonderful children.

 

I see that this thread has been read 1500+ times and i really hope it helps others.

 

thanks again Lea. Could not have done it with out you and CAG

(not so) wrecked

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It's always nice to hear when people have succeeded in keeping the wolves from the door!

 

You are most welcome, I am happy to have been able to help a bit. As I keep saying, you did the bulk of it yourself. I am so happy to hear that your children are supportive and caring, and doing all they can to help you. Good things can arise out of bad.

 

Keep your chin up and stay well!

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