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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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How can i stop getting repossesed


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HI,

11 Months ago we were granted a suspended repo order on our house,

 

We paid the arrears every month,

 

But 4 months ago my partners mother had a stroke and she was forced to take unpaid leave to look after her 81 year old father as well as visiting her mother in hospital,

 

I also lost a part time job i had got which was being used to pay off the arrears.

 

The arrears were £3300.

 

The order was due to finish next month (July 25th) But we still owe £900.

 

We explained the situation to the mortgage company and asked for an extra 3 months to pay,

This was refused and a letter came today saying they have applied for a warrant of possesion to the court.

 

What will happen now?

 

At a push we could have the arrears gone on August 25th, So basically 2 months from now.

 

Because we have not kept with the suspended order, Will we be just told to leave?

 

How long will this be?

 

We have 2 young children and are sick with worry we will be made homeless,

We tried so hard to stick with the arrangement,

But circumstances just got in way,

We had nobody to look after my partners father and me losing the part time job also proved a killer.

 

Can anyone give any advice on what will happen please?

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You MUST go to the Court Hearing.

If there is a Free Duty Adviser in court speak to them - they will negotiate & represent you in court usually.

If not go into the hearing yourself equipped with a financial statement (U can download one free from CAB or National Debtline)

and your reasonable offer of repayment (i.e. Current Mortgage plus £x per month off the arrears

- also the date you can make first payment)

 

Unless the Judge is a bit loopy your offer will be accepted.

 

Also if no Free Adviser in court ask the usher to point out the Bank's solicitor and put your offer to them

- Often he will agree terms before the hearing

- don't be bullied or feel intimidated,

 

if they don't agree to your reasonable offer

just put it to the District Judge in the hearing.

If your offer is reasonable given your circumstances 99.9% of Judges will allow it.

 

 

Good Luck

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You will be sent a letter by the courts telling you when you should be repossessed, once you have received this, you need to fill out an N244 form to stop repossession, laying out the reasons why you've missed payments and what you are doing to resolve the situation

 

Then take the form (done in triplicate) to the court that issued the notice, pay the £30 fee if appropriate and they will give you a court date to go back and request a further suspension of the repossession order

 

Don't panic, you have young children and you have a genuine reason for the problems and you are working to pay the arrears off, the court will look at your situation sympathetically - they don't want to have young children homeless but you do have to be able to show you can pay

 

Hope that helps - I've been through this myself and I know how stressful it is

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Hello there.

 

Like Jcor has mentioned you might be able to stop the reposession by filing the N244 form. If you can pay the regular mortgage instalment plus a little extra you may be able to resuspend the suspended possession order. The fee should be £40 (it's increased a little over the years). The general rule is that you should be able to show that you can clear the arrears over the duration of the mortgage term.

 

We've a guide on mortgage arrears which expands a little on the N244 process, you can find it here:

http://www.nationaldebtline.co.uk/england_wales/guide.php?page=guide-mortgage-arrears

 

If you are unable to meet the mortgage instalment it is vital that you seek advice urgently, either via this forum or by contacting the specialist housing advice charity, Shelter: 0808 800 4444.

 

Best wishes,

 

National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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I am so sorry to hear your predicament. I have been there too so know a bit of what you are going through.

No doubt you went to the hearing 11 months away so you will be familiar with the Court proceedings and won't be

overawed when you go there. Judges in these circumstances ten to be very gentle with home owners in these

circumstances and they will see that you would have paid the arrears off had things gone according to plan. As it

is, despite the problems you have had you should still be able to clear the arrears in a short space of time which

should be acceptable to the Judge.

Once you have paid off the arrears, the slate is wiped clean and the lender cannot raise that repossession order again.

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Thanks for the replies,We have no problems in meeting our normal mortgage payment and we know we can afford to pay the arrears off in 2 months at a push,Just a bad situation with my partners mother being put in hospital which forced us to fall behind a little,Im really fed up the mortgage company would not look and see we have paid everything on time with regards to the initial order,How long will it be until we hear anything from the court? Or is it baliffs?

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Once you have paid off the arrears, the slate is wiped clean and the lender cannot raise that repossession order again.

 

This is untrue. The OP will need to make a request from the court to have the order discharged. It is the mortgagee's right, but they tend not to do it so they can continue to use the SPO in the future. Most courts will entertain an application from the mortgagor once they have maintained their mortgage account without arrears for 6-9 months minimum.

 

To the OP, you will almost certainly be able to stay any eviction notice you receive by making an application to court on form N244 as you have been advised above. There is no judge that will allow your house to be repossessed for 900 quid when you have effectively maintained your agreement and reduced the arrears substantially over the past 11 months. Try not to worry (I know it's difficult), but on the information you have given, and your reasons for the problems now, you will be able to stay in your home.

 

If you need some extra help, apply to your local authority housing department for a payment from the mortgage protection fund. These funds are generally incredibly under-used, and if you meet the criteria they may be able to pay the remaining 900 quid off for you.

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Thanks again to those who have replied,So what exactly can i expect to happen now?

A baliff coming with a letter telling me to leave?

A letter from the court saying to leave?

As i have defaulted on the initial suspended reposession order i thought that we would be out.

How long until anything happens?

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Hi there, if you need help with filling in the N244 form we can help you. Have you actually received an eviction notice yet? if not then you should write to the lender stating why you have missed the payments and what you intend to do to rectify it. If they still persist will an eviction notice then you can show the judge that you tried to negotiate with them to avoid eviction - this will help your case. If you need help with a letter please let me know and I'll draft one for you.

 

As Lea says, no judge will take your home away for £900 especially as you are able to clear the arrears and have made consistent payments for 11 months - I'm sure the judge will think they are being unreasonable. Who is the lender ?

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Hi,No we have not recieved an eviction order yet,I wrote to the mortgage company and offered to pay the £900 off over 3 months,Which they refused,So i spoke to them today and they said they have applied to the court for a possesion order on 23rd June.

Thanks for your offer of help,Just dont know what to expect now regarding this,What will happen?

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Do you have a copy of the letter you sent and also their refusal ?

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OK, letter of refusal is good. Do you have proof of all the payments you have made since the last hearing?

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OK, letter of refusal is good. Do you have proof of all the payments you have made since the last hearing?

 

Yes all payments are on bank statements,also I have a current balance on this last letter recieved

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Excellent, as you have not yet received an eviction notive we have time to get your case together. If you apply to the court before you receive the eviction notice the fee will be £80 if you wait until you get the notice it will be £40.

 

I can help you with the N244 application but in the meantime you should complete a budget sheet which will be affixed to your application - this will show the judge how you can afford to make the payments going forward. I have affixed the budget sheet we normally use in these situations (it calculates automatically as you fill it in) - if you have any questions about filling it in please ask.

 

When will you be able to make the next payment?

Budget Sheet.xls

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Excellent, as you have not yet received an eviction notive we have time to get your case together. If you apply to the court before you receive the eviction notice the fee will be £80 if you wait until you get the notice it will be £40.

 

I can help you with the N244 application but in the meantime you should complete a budget sheet which will be affixed to your application - this will show the judge how you can afford to make the payments going forward. I have affixed the budget sheet we normally use in these situations (it calculates automatically as you fill it in) - if you have any questions about filling it in please ask.

 

When will you be able to make the next payment?

 

Thank you so much for your help,I'm using my phone at the moment so will have to do that sheet tomorrow,The next payment we can make off the arrears is 25th July which will bring them down to £450

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Are you continuing to make the monthly payments? is it only the arrears payments you have missed?

 

Also are you sure you can afford to pay £450 off the arrears in July ? in reality you should be spreading the £900 over at least the next six months if you have suffered loss of income recently and are having to catch up with things. A judge would almost certainly accept a lower arrears payment each month if you can do it over 6 months.

 

How many years are left on your mortgage ?

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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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Are you continuing to make the monthly payments? is it only the arrears payments you have missed?

 

Also are you sure you can afford to pay £450 off the arrears in July ? in reality you should be spreading the £900 over at least the next six months if you have suffered loss of income recently and are having to catch up with things. A judge would almost certainly accept a lower arrears payment each month if you can do it over 6 months.

 

How many years are left on your mortgage ?

 

Yes we hace been making the normal payments,the 450 in july is not a problem to us,it would be easier to spread over 3 months,so will I have to go to court once again? I thought that once we were given a suspended posession order and we have failed that would be it,we would be evicted

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Hi, if you do not keep to the terms of the suspended possession order the lender can apply to the court to have you evicted - the court will then send you an eviction notice giving you a date to move out by (usually 2 weeks, sometimes 3). You can ask the court for a hearing in front of a judge to have the eviction stopped by stating your reason for missing the payments and offering a payment plan to clear them - you apply to the court on a form N244 which is what I can help you with.

 

The fact that you have kept paying the normal mortgage payment will strengthen your case enormously and so will your offer to clear the remaining arrears over three months. Please believe me - there is no way a judge will take your home away under these circumstances.

 

Have a read of the repossession successes forum here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?327-Home-Repossessions-successes

 

And also read the guide to repossession here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there you will see examples of an N244 form, statement and budget sheet to go with it.

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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The banks have admitted today that they have been fiddling the interest rates on mortgages since 2005. Therefore, if you are paying interest on your mortgage each month you are entitled to sue the mortgage lender and claim damages. I think if you start a claim immediately, your solicitor will be able to argue to the court that the amount of arrears are so high due to the illegal activities of the mortgage lenders in fixing interest rates and may be able to get the repossession delayed until you have received compensation/cash settlement from your mortgage lender.

 

http://www.zerohedge.com/news/shocking-details-barclays-epic-lie-bor-fraud-duuuude%E2%80%A6whats-ur-guys-345-3m-fix%E2%80%A6tell-him-get-it

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Hi,spoke to my dad today and he is going to borrow me the remaining 450 on the 25th,so the arrears will be completely cleared on the 25th,I have rang and told the mortgage company this,who said they will cancell all proceedings on the 25th when I pay them off,will I still need to attend court? Respond to the courts letter on the way to me? Not sure what to do,I just want to make sure in what to do,thank you for all your help and replies

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It would seem they have not asked for an eviction warrant yet if they are willing to wait till 25th July for the arrears to be cleared. Might be a good idea to write to them confirming your conversation and their agreement to wait till 25th July for payment. If you need help with the letter please let me know and I'll happily draft one for you. the letter needs to be sent by recorded delivery and you must keep a copy.

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 would seem they have not asked for an eviction warrant yet if they are willing to wait till 25th July for the arrears to be cleared. Might be a good idea to write to them confirming your conversation and their agreement to wait till 25th July for payment. If you need help with the letter please let me know and I'll happily draft one for you. the letter needs to be sent by recorded delivery and you must keep a copy.

 

The guy I spoke to yesterday said they have already applied to the court for the posession order,I don't think they will do anything in regards to stopping proceedings until I pay on the 25th

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