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Marlin/? claimform - Old Black Horse Secured Loan

Hadituptohere

By Hadituptohere
in Financial Legal Issues

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Hadituptohere

Hadituptohere

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things have been quite manic and very stressful.. i know it isnt really an excuse but my exs mother has been in critical care for the last 4 weeks and we havent had much communication other than cross words.

 

hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
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Posted (edited)

ill get what the CAB has sent to SCM tomorrow in the post, he draughted the IE form and wrote our situation down thats all im aware off ell-enn

 

hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

Ok, give me a nudge in the morning and I'll draft up a defence statement for you to take to the court - I'll try and fit it in when I have a bit of spare time at work.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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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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Hadituptohere

Hadituptohere

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Posted (edited)

Thankyou so much ell-enn im off to try to sleep but dont think thats gonna be much

 

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

You do have a printer at home ?

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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Hadituptohere

Hadituptohere

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Hi ell-enn yes I have a printer :-)

 

hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

Hi, need a bit of info - how much is the normal monthly payment and how much would you be able to offer each month until the house is sold?

 

Also, can you confirm you have the following:

 

Proof from estate agents that house is up for sale?

Paperwork from DWP regarding your benefits claim?

Proof of benefits you are already receiving (DLA ?)

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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Hadituptohere

Hadituptohere

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Posted

Hi

 

 

the normal monthly repayment is 188.06,

but i have the letter from blackhorse about the concesion of 0.00% interest apllicable to the loan??.

 

 

I dont know where i could start regarding repayment as according to my IE Im already showing a shortfall of 600.00 ppm

and no contribution from my ex wife and communication at nil..

 

 

.i have all the info regarding copy of sale advertisement,

form from DWP to be completed,

and proof of Employment Support Allowance within managed working group

(apparently managing my illness looking to get back to work)

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

Does your ex wife work?

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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Hadituptohere

Hadituptohere

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Yes she been self employed locum work but has recently gained employement on around 28K PA

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

Hi, nearly finished the statement - how many children do you have?

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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Hadituptohere

Hadituptohere

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Posted

sorry Ell-enn 2 children

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

Hi, Affixed is the statement. You need to enter the info where there are XXX's in the statement (remove the xxx's). You will get the information for the top part from the court papers. When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on one page. Read through the statement carefully to make sure it is correct.

 

On your benefits documents write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the estate agents docs - it will be Appendix 2 and on the income & expenditure statement - Appendix 3, CAB fax etc - Appendix 4.

 

Now assemble as follows:

Statement - signed

Benefits proof - Appendix 1

Estate Agents docs - Appendix 2

Budget Sheet - Appendix 3

CAB docs - Appendix 4

 

This forms the pack to take to court. You will need to take 3 copies with you - one for the judge, one for the other side and one for yourself to refer to in the hearing. Make sure each set is stapled securely together.

 

The case law quoted (Cheltenham & Gloucester v Krausz) allows the judge to consider suspending possession to allow the property to sell.

 

As the CAB suggested, get to the court early and ask if there is a free legal advisor on duty (perhaps from Shelter).

Hadituptohere Statement for Court.doc

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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Hadituptohere

Hadituptohere

Posted
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Posted

Ell-enn thankyou so much for the work you have put into doing this for me..:-)

 

Is it worth bringing up the matter that the arrears started to acrue after the delay in the cancelation of the ppi policy (requested cancelation in March 2010 and wasnt cancelled untill Novemebr 2010) and that Blackhorse havent responded to my written comms or given a final answer to my dispute??

 

Thanks Again

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

Do you have copies of the letters you sent re the PPI and the complaint ?

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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Hadituptohere

Hadituptohere

Posted
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Posted

Yes i have copies of the letters sent requesting the cancelation

also the useless replies from blackhorse and

the reply from the FOS after my inital complaint,

further letters that we didnt receive replies to and

copies that were sent to SCM after their request for payment prior to them issuing the claim.

 

Thanks

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

OK, I'll amend the statement - you should mark all those documents as Appendix 5. Back in a mo.

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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Ell-enn

Ell-enn

Posted
Posted

Hi, revised statement affixed.

 

Any questions, just shout :)

Hadituptohere Statement for Court.doc

  • Confused 1

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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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Thanks Ell-enn

 

Will be burning the midnight oil im sure..

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ell-enn

Ell-enn

Posted
Posted

Fraid so, but it should be worth it. Don't forget to let us know the outcome, I'll be thinking about you tomorrow.

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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Hadituptohere

Hadituptohere

Posted
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Posted

Thanks Cym for your words of support :-)

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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AndyOrch

AndyOrch

Posted
Posted

Lets hope it will in your list of blue triumphs Hadit tomorrow, great work from Ell.

 

Sure you will be fine.

 

Regards

Andy

We could do with some help from you.

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Hadituptohere

Hadituptohere

Posted
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Posted

Thanks Andyorch.. will i need copies of the Cheltenham+Gloucester Plc V Krauz and the administration of justice act 1970 to present to the judge?? If so does anyone have a link to them plz?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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