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    • I have been living with my partner since 2013. But after the birth of our son in 2014 things became unstuck. We were living together but I was making plans to move out, even viewed properties etc and therefore began claiming CTC and WTC to ensure that I could afford to go it alone. Eventually we worked it out but it has been on and off for years. In addition to this, I was in a lot of debt, had lost my job and knew that (selfishly) I needed the tax credits to keep my head above water.  My partner has no idea that I was claiming and if he finds this out he will leave me for sure. The house, the bills, everything is in his name. I work but I dont make enough money to contribute to the house as well as pay all my existing debts (my partner doesn’t know about half of these either). I  once had a bailiff call at the house and I had to tell him about it. He was so angry and mortified (as was I) and I just feel like I am bringing so much shame onto our family. I have been living this lie for 6 years and I couldn’t find a way out of it. I know I have made a huge mistake. I just want to pay it back and try to move on from it. I’m worried that I will have to go to court, prison, or they will want to speak to my partner about it. I really don’t want him to know about this because it’s so shameful. From my estimations it could be between 28-30K. I have absolutely no idea how I will pay it back, as we wouldn’t be able to claim any further credits as a joint claim because he earns too much money.  I haven’t eaten or slept in days. I feel physically sick and I just can’t cope with the guilt and humiliation. I did make false claims and now I’m worried I will pay the ultimate price and lose everything I have.    
    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      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
      • 33 replies

Santander - repo- won in 2012 - now they are trying again!!


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Hi. I've used CAG before and got great advice and hope you can help again please.

 

I think Im about to lose my home.

 

The mortgage is with Santander and the mortgage is in my husbands name. My husband is self employed and his contract finished last August 2011 and hasn't been able to find work since.

 

Ive managed to find a full time job but my income isn't enough to cover all our debits so Im having to deal with these too.

 

My husband has a history of stress / depression and I've only just become aware of how serious matters had become with the mortgage company.

 

When I started work we offered Santander £250per month instead of our contractual payment of £650 per month. We had already missed about 3 mortgage payments by this point.

 

We paid the £250 per month, however Santander continued to chase for the money. When we explained the situation to them, their response was "well you can continue to pay £250 however it will do no good" (nice!).

 

My husband stopped paying the money.

 

H&L Interactive have issued a Repossession Order and my husband is due in court on Friday 27th July. Last week I spoke to H&L Interactive to find out if we (my husband) could change from repayment mortgage to interest only - however I've been chasing H&L Interactive for a reply and they told me today it can take a couple of weeks for Santander to response - even though the court case is this week.

 

In addition, I emailed H&L as we've had an offer from a family member to help pay the arrears if Santander can come to some affordable agreement plan.

 

Also, Im waiting to hear how much we will get in working tax credits. We've had an estimate and if we get that amount we can pay our full contractual mortgage.

 

We've sent budget sheets to H&L showing what we can 'realistically' pay and stick to - which happens to be the £250 mark. Now that Im aware of the situation Im managing it all for my husband.

 

I don't know what to do next??? I've got to prepare a Defence and I'd like to put together something that basically says its not a case of we can pay but don't - we can only afford to pay £££ until my husband returns to work.

 

Thankfully he's got an interview today - Wednesday 25th - so fingers crossed! The pay isn't great but better than nothing I know!

 

I don't want to lose my home and hope the situation isn't too far to get back from.

 

Can anyone help either advice or what to put in the defence. I've never been to court and know it will be down to me to try and keep our home - but up against Santander solicitors its all a bit dauting.

 

Much appreciated. x

Edited by Don4071

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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Does this sound ok????

 

 

My work contract ended in August 2011 and have continued to seek employment.

 

However, I have a provisional offer of a new job. Subject to CRB checks and this will be confirmed in the middle of August 2012. I don’t envisage any issues.

 

My wife has secured a full time permanent role.

 

We have a Working and Child Tax Credit claim application currently being processed by HRMC. (The reason for the late application is due to initially being advised we could not claim however following advice by CAB, HRMC concur we are eligible to claim).

 

I have asked Santander to consider switching from a repayment mortgage to an interest only mortgage.

 

I have also been advised by CAB that I am eligible to apply for mortgage interest assistance which I have started.

 

Family members have loaned me some money and I have offered to use this money to pay a large portion of the mortgage arrears to Santander.

 

There are three dependent children resident in the property.

 

My wife is resident in the proper.

 

I respectfully ask the court to take into account when considering my circumstances s.36 of the Administration of Justice Act 1970.

 

I assure the court that I am committed to clearing the arrears and respectfully ask that this case in adjourned until I have confirmation of:

 

 

• Job Offer

• Working & Child Tax Credit amount.

• Santander’s response to switching mortgages

• Santander’s response to more affordable payments.

 

 

 

 

 

I hope to arrange a more affordable payment plan in the short term with Santander and eventually resume contractual payments.

 

 

It is my aim to provide a stable home for my family and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

 

I believe the above to be true and factual.

 

Signed....................................................................................... Date............................................

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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You're going to have to give the judge some figures to work on - his job is to consider a) how much the arrears are b) how much you can afford to pay towards the arrears c) how long it will take to pay the arrears off.

 

 

You need to affix a budget sheet to the statement so the judge can see how you are going to afford the mortgage going forward and something towards the arrears - did you use the budget sheet as shown in the guide here? http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are also examples of how to set out a statement properly.

 

 

Also you have not made an offer of payment in your statement so you have given the judge nothing to consider - and you will need the Norgan case law to support that (again shown in the guide)

 

 

How much is your relative willing to give you towards the arrears and would you be able to have documentary proof of that in time for the court hearing?

 

 

Did you return the N11M defence form to the court when you received the claim for possession?

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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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Thanks for your reply.

 

I've done the figures and as it stands we got 0 left in the budget to pay any money to the mortgage

 

I've asked for an adjournment as it all rests on how much we get from HRMC working tax credit which is still in application stage.

 

I've devised a 3 stage budget plan.

 

Stage 1 shows theres no money in the pot.

Stage 2 shows how much money is in the pot once working tax credit is approved.

 

Hubby now as a provisional job offer so

 

Stage 3 shows how much money is in the pot once he is earning.

 

I've got the money from family member in my bank account so ready to give Santander the money the second they ask for it.

 

Im trying to be realistic with the court and simply asking for an adjournment until at least we've had our working tax claim assessed.

 

Is this not the right thing to do?

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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You can't claim working tax credits and mortgage interest assistance - they are contradictory benefits. If both you and your husband are working, SMI will not be payable...and of course your tax credits may well differ if they have been calculated based on only one wage. Changes are now made quickly...and you will need to inform the tax credit office of any changes to your circumstances.

 

You'll need to pay something during the adjournment, it is unusual (but not unheard of) for a judge to say nothing has to be paid in the interim unless there is substantial equity in the property for there to be no prejudice to the claimant.

 

You may need to re-work any figures you've put together thus far and find something to pay towards the mortgage.

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Ok. Didn't realise working tax and mortgage interest assistance where in twined benefits. Will sort that out.

 

Don't know what to tell the courts then because hubby only had interview yesterday and he's waiting on CRB checks so NO there's nothing in writing from the organisation to say he's been offered the job - its all verbal and provisional at the moment.

 

The crux of the matter is all dependant upon assistance from HMRC by way of working and child tax credits - so until then there is no money to pay. In the budget sheet it looks bad too as as we are actually minus each month and having to loan of family to survive.

 

The only suggestion is if the courts consider I use the money I had for the arrears to pay to Santander some sort of affordable instalments and then put the actual arrears onto the period of the mortgage.

 

 

Another thought....... Im not on the mortgage. Will the courts consider my income?

 

My hubby isn't getting anything so my income is all we can show at the moment.

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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They're not entwined, they're contradictory. You can't work and claim a benefit that is meant for the unemployed (SMI)...though your husband, if still unemployed, can claim JSA, which would entitle him to also claim SMI - though it isn't payable until 13 weeks after the JSA claim. As soon as he signs off JSA the SMI would stop.

 

But presumably you are claiming WTC as a family and you will receive an element for your husband? In which case, he may not be/have been entitled to JSA...

 

Benefits can get very complicated, so I would suggest that any changes in your circumstances are reported to the relevant department as soon as possible so that adjustments to your claim can be made. The last thing you want at this moment in time is to end up repaying overpayments.

 

In the interim, if there is a potential job offer on the table (if the job is offered soon, get them to put the offer in writing, detailing salary, hours, date of pay, length of contract), so that you can provide a copy to the court. If no offer is made, provide proof of JSA and an application for SMI. An adjournment will only work if there is concrete proof things will change - and will work better if there is a payment plan in place for the period of the adjournment. E.g. if you could use the lump sum you're gathering to pay monthly amounts (so long as they meet the CMI), then that would be good.

 

Have you and your husband been referred to the local authority for an assessment for mortgage rescue/mortgage protection fund? If not, call your local authority and arrange to speak to the department that deal with both (housing) - there may be potential for you to also receive help from them.

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Oh, and you're a family, so there is no reason why the courts would not consider both your incomes. You may not be on the mortgage, but you have a beneficial interest in the property.

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Thanks for everyones advice.

 

The court was packed waiting to hear about their mortgage cases!

 

The judge trusted there was a job offer and was prepared for my husband to use the lump sum to meet the CMI. The court used their discretion to allow my husband to pay the arrears over the next 3 years rather than 4 months which the solicitor acting for Santander was pushing for.

 

End result repossession suspended for 3 years.

 

I must say the court was very sympathetic to people who have been hit by the recession and although he didn't say it I defiantly got the vibe he was on our side.

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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Great result - well done :)

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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  • 1 year later...

Hello.

 

July 2012 due to my husband losing his job a year or so earlier my husband was up in front of a court due to not paying the mortage.

 

Luckily the judge ordered that we resumed payment plus installments to pay Santander the monies outstanding..

 

kept up with the payments to HL interactive

 

how have missed 2 payments and

 

now got ltr telling us they had made an request to the court for an eviction.

 

Mortgage is in my husbands name and not sure what we can do.

 

Can you help pls.

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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I have sent an SOS asking for urgent help for you

 

Do you have a previous thread which we can tie into this for some more background?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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merged for history

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks. Hope I can get some help

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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Why have you missed the payments - is there an employment issue again ?

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Hi there, you can apply to the court on an N244 to have the eviction stopped (we can help you with that) but you will need to give a reason for missing payments and show the judge that you can resume payments going forward.

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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  • 1 month later...

This sounds so familiar to my husband problem, he is faced with eviction and has two kids I. House with him, but it's slightly different in that he had a verbal agreement to pay the mortgage by a different date of the miponth as he gets paid later in month, so arrears have built up, through no fault if his, but they insisting on taking him to court. So know exactly how you felt

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