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    • You are the OP of this thread. As I said, I doubt the OP of the original question is following this as she has more important things to worry about.   I'll ask you this:   1. have you ever been in a Magistrates' Court when a Statutory Declaration to set aside a motoring conviction was made?   2. If so did you ever see the maker quizzed or questioned  to test their honesty in connection with the SD?   3. Have you ever seen such a Declaration rejected for want of truthfulness (rather than a procedural or administrative error or mistake)?   My answers to the above would be as follows:   1. Yes on, I would estimate, at least two hundred occasions (six or seven on one day last week alone). It may be more, I've never kept a proper count.   2. No, never.   3. No, never.   Now it could be of course that I have been particularly fortuitous and that all the makers of those SDs were paragons of virtue and/or that all the Magistrates concerned were exceedingly gullible and believed everything they were told without question. On the other hand it could be that during their training the Magistrates were instructed that when hearing an SD they were simply witnessing that it had been made before them and that they were not testing its truth. I imagine they were either shown or have probably seen since a copy of this form which is completed before making an SD:   https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2014/crim-pr-form-part37-statutory-declaration-revised-feb-2014.pdf   In the "Notes for Guidance" is this:   "Under the Statutory Declarations Act 1835, the defendant’s declaration can be made before anyone who is authorised by law to hear it (e.g. a solicitor), or before any Justice of the Peace (a magistrate or District Judge (Magistrates’ Courts). The person who hears the declaration need not enquire into the truth of it. That person’s function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury."    The bold type is my emphasis so I think I know which of my two scenarios above is more likely. I hope this wasn't too rude or arrogant for you and  I'll leave it at that now. But I will ask you (politely) once again to please stop providing misleading information to people who have enough to worry about. It confuses them, others have to correct it and it leads to unnecessary stress for the posters.
    • Thank you for your help, just to clarify please. In the CPR 31:14  request do I just ask for 1. the agreement .....etc and delete the the items 2. to 6. as listed since these have already been sent to me by the claimant (btw the 'solicitor' is IDEM's litigation dept) or do I ask for all the documents again as they are part of the 'Particulars of the Claim'    Thank you again
    • As its council tax, they have no right of entry, so don't let them in, and they cannot force entry nor  climb through windows, but cn walk through unlocked door  They have no right to snoop into your bank accounts, and would be in serious trouble if they did.  I'm sure others will be along soon with further advice/suggestions.  Did you apply for Council tax Relief, if not do so NOW, and get your local council member involved pronto as in now.
    • Sorry its so complicated right now.... totally temporary but totally complicated.  I just dont want bailuffs knocking in the interim, thats my main concern. The standing order is going out still to Lowell,  what was happening was other things were going out the same date and that was leaving not enough money in the bank to pay lowells SO.....hence it looked like Id just stopped paying, hence CCJ. It went out last month and again this month though.
    • A fixed rate mortgage does not change due to SVR changes. It sounds like you were not on a fixed rate?   do you still have the paperwork you signed to set it up?
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Myfamily

Santander Mortgage SPO - they want to evict now

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credit file was bad - I did fib a little though in the income and expenses, it only asked for my contribution to household and so one - not good I know.

 

Payment to PDL already gone about 2 weeks ago so won't be able to reverse , and with the other stuff that happened re car I couldn't cover the full payment now anyway.

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:doh:seriously thought you of all people would have been the last person to use PDL's...

 

has anyone ever told you this...

you've a big enough hole already man..

 

throw the shovel out the hole

climb out

pick the shovel up

and start filling it back in quick.

 

while we're at it

we'll come over and jump up and down on it to pack it down and take out our frustration to stop you digging it again......:lol::lol::lol:


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:-) Yep Dx, you are right I'm a complete idiot! Desperate times etc. I am desperate to get out of the circle of cheap believe me!

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:-) Yep Dx, youbare right I'm a complete idiot! Desperate times etc. I am desperate to get out of the circle of cheap believe me!

 

Sorry typing on my phone and it auto corrects to total rubbish sometimes.

 

I don't know what to do. Please help. I might be able to pay about £300 I think. At least it's something??

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How much should you be paying to the mortgage ?

 

 

What date do you next get paid from work ?


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Sorry typing on my phone and it auto corrects to total rubbish sometimes.

 

I don't know what to do. Please help. I might be able to pay about £300 I think. At least it's something??

 

Hopefully with the guys' guidance you can look at your priority debts and organise things so that you can keep paying the mortgage.

 

HB


Illegitimi non carborundum

 

 

 

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HI Sorry, Ell-enn, I didn't get a notif that anyone had replied.

 

I normally pay £1500.

 

Get paid next on 15th May

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I think you need to bite the bullet (again) and ring them - hopefully you will be able to come to an arrangement - if not you will probably need to defend other eviction ..........

 

 

You say you pay £1500 - how much is the actual mortgage payment ?


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Hi Ell-Enn, ok things have changed slightly.

 

Got a letter from the solicitors for Santander (pretty quick this time!) Hubby got paid the other day and the only thing that had not been paid out yet was our payment for our secured loan, so possibly stupidly I have used that to pay the mortgage, along with whatever I had left in our account, just about made up to the right amount.

 

Obviously it now means that I have robbed Peter to pay Paul and I'm sure I will get a letter from my secured loan company.

 

The payment to them is £900.

 

in a precarious position with them too where we have missed payments. (I have other threads on them) so I now need to deal with them.

 

Any help would be great.

 

I cannot call them, as I have refused to speak to them on the phone due to previous conversations being unrecorded and then used against me. I have also recently told them not to call me as they suddenly started calling me at work - which I was very upset about.

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So are you paying £600 off the arrears each month ?


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So are you paying £600 off the arrears each month ?

 

Hi Ell-enn,

 

Not sure that you've understood my last post.

 

I have made the payment for my mortgage by using the payment that was due to my secured loan company and anything I had left in my account.

 

My mortgage payment is £1500, my payment for secured loan is £900.

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Perhaps you didn't see post 83 ? I asked how much of the £1,500 is the actual mortgage payment.

 

 

I assumed your response of £900 in post 84 was in answer to my question.................


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Perhaps you didn't see post 83 ? I asked how much of the £1,500 is the actual mortgage payment.

 

 

I assumed your response of £900 in post 84 was in answer to my question.................

 

 

Sorry Ell-Enn, must have missed that. :-(

 

The actual mortgage payment is around £1432 (I think - haven't got the exact amount in front of me) I pay £68 on top for arrears.

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Can you actually really afford the mortgage and the secured loan?? - that's £2,400 every month.....

 

 

Is there any equity in the property ?


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We can, we both work. but there's been a lot happening in the last few years which have made it very hard.

 

the last few months being the worst what with father in laws death, funeral - car repair etc.

 

We do have equity in the property but are on fix deal till next year, so if we sell now we will have an indemnity payment of about £15,000. we want to hang on and re-mortgage to clear the secured loan and anything else we have.

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Given the repossession and eviction action you have had on your mortgage I think you might struggle to re-mortgage at an affordable rate, but I guess you'll just have to wait and see.

 

 

What did the solicitors letter say - did it give you a date by which to make the missing payment ?

 

 

What date is the secured loan due ?


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yeah we're waiting to see - if not we will sell I suppose, but we've been told we should be able to re-mortgage at maybe not the best rate but better than the one we fixed at hopefully.

 

The solicitors letter said to make the missing payment within 7 days.

 

The secured loan due date was 28th April

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OK, so you have made the payment within the 7 days so that should sort that out.

 

 

Re the secured loan :-

How many payments have you missed ?

Have there been repossession proceedings ?

Are you making payments towards arrears - if so how much ?


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Have missed a few payments in the past (I am not sure how many) I think the arrears are about £11,000.

 

Yes there have been possession proceedings, they have a suspended possession order .

 

I am making payments toward the arrear - £67 per month.

 

This is complicated though. the company are as corrupt as they come - I was taken to court for possession and in that process I fought against the unfair clause in their contract and partially won, in that the loan was originally variable but mine is now fixed at the rate it was when it started.

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OK I guess you'll just have to wait and see what the secured company do (if anything), but make sure you keep the main mortgage payments up to date.

 

When was the suspended order on the secured loan ?


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Hi Ell-enn - so sorry it took me so long, the suspended order was made in Jan 2014.

 

 

I think the secured loan Co will write to me and try to intimidate me,

I'm not sure they'll go as far as court after last time but I can't be sure,

it does depend on other customers court cases which are coming up soon.

 

Do you think I should write to the secured loan Co and explain anyway?

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well the secured loan co have been in touch, saying I need make payment or contact them within 10 days.

 

 

I am stressing - I don't' have and I obviously don't want to take out a loan - I don't think I could anyway.

 

 

I only did the last one as I was being hounded by my late father in laws Housing association over arrears on his rent, and other things that were left behind when he died. any help please

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why are or did you pay your FiL's debt... nothing to do with you!!

 

 

............

 

 

whos this fleecing secured loan co then?


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I don't know, I was just getting into such a state with them saying that he owed it, he was getting housing benefit too and they started writing to me about an overpayment, just got into a panic over it, I'm stresses - husband stressed, kids stressed - just had enough!

 

secured loan are Elderbridge (formerly first plus - I have other threads on my battle with them!!)

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then keep to that thread for that one then.

 

 

so whats happening with this threads problem the mortgage?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Reclaim mis-sold PPI Read Here

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