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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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maggie60

blemain/together mortgage - now on 3rd eviction notice - Friday 11th Dec

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Thanks Ell, that's great and excellent idea about the free legal advisors (fingers crossed they will have some).

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You only need to take the statement and attached budget sheet to court - it's not essential to complete the N11M, they will accept the statement etc as your defence.

 

Remember to keep a copy for yourself.


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Ell, my husband had to go to a client before your statement arrived and I do wanthim to see this before taking it to the court. He can take pop it through thecourt letterbox tonight and ring them tomorrow to ask the questions youmentioned.

 

Will I seem too over the top if I mentioned about the angina, Ido get bad attacks and headaches through stress, but then I am sure everyoneyou help does.

 

“Despitetrying to negotiate with the Claimant, they have refused to accept any paymentproposal I have put to them.” They did agree to severalarrangements which I broke because of people being late paying me and the onewho went bust.

 

“I assurethe court that I am committed to clearing the arrears and respectfully ask thateviction is suspended in order to protect my equity and also to avoid theexpensive and unnecessary costs which would undoubtedly arise followingrepossession in the current property climate.” Wouldthis imply I am requesting a postponed order rather than it be set aside? Or isthe postponement the best I can I hope for?

 

Could you please check the question on the email I am sending in 5 mins.

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DO NOT put the statement through the letterbox! - you need to hand it in and make sure it is in someone's hand - I've known paperwork put in the court letterbox not getting dealt with for days and you don't have days ! So take it in tomorrow morning first thing (they should open at 10.00 am)

 

and I wouldn't put anything about the agreements being broken - also, we have already said that customers had paid late and gone bust.

 

You won't get a set aside while there are arrears - the best outcome you can get is a suspended possession order which means repossession is suspended as long as you make payments on time each month (including the amount towards the arrears), but if you miss just one payment, even by a few days, the lender can apply for an eviction order without taking you back to court.


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You can take your medical evidence and any new business contracts you have along to the hearing with you just in case they are needed.


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Ell-enn,

my husband will be leaving for the court office at 10.30am with the statement and attached budget sheet to court

- as the N11M is not essential we'll leave that.

 

Thank you so much for preparing the statement which we will use, but although we are rebuilding the business,

we do not have any new clients yet, we are working hard on this.

 

What we have done is have a meeting with one client who has agreed to bring their annual support fee forward

from December to the beginning of September, based on the amount of work we have done for them this year.

 

We are also reassessing our fees to clients, as we have not increased many of these for 4 years.

 

Also June, July and August are dead months for our business and had the same problem last year.

 

Once we reached September, monthly payments to Blemain were maintained through to March.

Should we explain this on the statement or wait until the hearing?

 

My husband found an error on the budget sheet in which I understated the council tax by £40 per month.

So need to reduce offer by this amount??

Edited by Sara55

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[if that is the case then change the budget sheet - and also the statement where your offer is shown as £100 per month towards the arrears - now needs to be £60.

 

Wait until the hearing to give details of your business trading - you might not be asked about it and there's no point in setting hares running...

 

I cannot stress how important it is to get that paperwork to court this morning - ask the court staff is there are any duty legal advisers there on Monday.


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Thanks Ell-enn, paperwork will be with the court by 11am and I will stick to your statement.

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Forms with the court office now. Unfortunately legal help only available on Tuesdays.

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Thank you Ell for all your help. I'm getting very nervous about tomorrow now.

 

I wonder if I could ask a few more questions?

 

Will it be ok if I let my husband do most of the talking on my behalf? I wish we could have afforded the representation, but just couldn't

 

How long will the hearing normally last?

 

Will it be in open court and do we wait in the court room or outside an, if sod wait for the case to be called?

 

Are the cases in alphabetical order - Blemain should be one of the first if so

 

What will happen at the hearing - Blemain solr speaks, we speak, judge decides?

 

Sorry if my questions seem silly, I just want to be prepared.

 

Thanks,

 

Sara

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Hi there, the hearing will be in a room which looks a bit like a meeting room (not a court room as you would see on TV) There will be the judge, a representative from the other side and yourselves. As the mortgage is in your name only, you will have to ask the court usher to get permission for your husband to accompany you, you must answer any questions the judge asks you by yourself. To be honest, it's unlikely you will have to say much, the judge will already have read your statement and will start the hearing by speaking to the lender's rep first do not interrupt the judge when he is speaking! In most cases the hearing will last 5 mins :)


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Thanks Ell-enn, that's a lot less formal than I imagined.

 

How should we address the judge?

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You addess the judge as Sir or Madam

 

Make sure you get to the court in plenty of time in case you have trouble parking

 

You'll be OK - don't forget to come back here after the hearing and let us know your good news :)


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Just got back and good news!!!

 

Blemain wanted monthly plus £90, we'd offered monthly plus £60, and as Blemain hadn't provided info to support this, judge went for £60.

 

Found a very good duty solicitor, a very busy lady, who still found the fime to argue the case where the arrears are paid over the remaining period of the loan(sorry don't have the case, but great arguement and very difficult to dispute) and the judge accepted this.

 

Many thanks for your help Ell-enn.

 

Now, all we need to do, is make the payments.

 

One thing the the duty solicitors said I should be careful of.

 

If I pay monthly + 2000 in September and nothing in October, I have overpaid by £800, but have I defaulted by paying no monthly in October?

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The case law the duty solicitor would have argued for is the Cheltenham & Gloucester v Norgan which I put in your statement. She is also correct in that you need to make payments exactly as the court order every month and if the payment date is 28th of the month you should make your payment a couple of days before just to make sure they don't say you are late. How will you be making the payments ?


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That's it, Norgan, sounds like Morgan. Sorry you did say!!!

 

Payments to their site which issues immediate email confirmation.

 

One thing the the duty solicitors said I should be careful of.

 

If I pay monthly + 2000 in September and nothing in October, I have overpaidlink3.gif by £800, but have I defaulted by paying no monthly in October?

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We are with Blemain/Lancashire too..

 

My ex has paid them 1000's in fees..

 

How do we reclaim?

 

They even took him to court when he was ill.

 

Phone call complaints did not stop harassment.

 

The self Employed are so targeted by these lenders.

 

. ten years of misery and extortion!

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Lancashire Mortgage Corporation Are A Dangerous company to deal with and people should be aware i was ripped off and lost everything

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Oh my goodness. Was that because you defended yourself or something else. I am hearing some very sinister reports about them.

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yes i did defend myself,

 

Marc Goldberg Lanc. Mort Corp. Managing director who personally handled the loan lied on oath

claiming not to know that they were lending for the purpose of finishing 3 new build detached houses.

 

this contradicted his signed witness statement,

 

but due to lack of funds i have been unable to launch a appeal

 

it has now been over 6 months so the appeal has timed out.

 

As any unfortunate person knows

once you lose your family home you need every penny to keep a roof over your kids heads

 

i had to sell everything i could to raise 3 moths upfront rent due to the credit rating that goes with defaulting with the horror company Lanca**** mortgage corporation.

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In August 2014,

I received tremendous help from Ell-en and others at CAG in making the process of a possession order as painless as possible.

 

This order was from Blemain Finance, who have changed their name to the much warmer sounding, Together.

 

Sixteen months later and I have struggled through the court payments,

but am currently 5 payments behind and on my third eviction notice which comes into force on Friday morning, two weeks before Christmas.

 

I am hoping and praying of a well drafted N244 application succeeding in deferring the eviction.

 

How did we get into to this mess so soon after reaching an affordable plan?

 

My husband and I are self employed IT consultants and an important contract was lost when my husband had to take two days off because of his health.

 

Another client went into liquidation,

the result of these problems was the loss of considerably more than the arrears owed to Blemain.

 

We were also hassled for the last six months by a council tax bailiff for £1,000 which has now been paid in full.

 

In 2013,

when things were better

my husband got me a 3 month old puppy, Ben, from a rescue centre.

 

As vets use the same booster vaccination for small puppies as they do large fully grown dogs, this reacted with Ben and he suffered two years of illness and last August we had to end his pain and put him to sleep.

Ben cost us a small fortune - would we have swopped him, not a chance.

 

I suffer from angina and am prescribed 10 different medications, including a nitro spray which I take when having an attack.

 

In six months I have gone from taking this once a week to five to six times a day. Because of this, my husband is reluctant to leave me at times.

 

What makes me think we can get on top of it?

 

Based on forthcoming renewals of support contracts which are costed on the hours of support during the last 12 months, and at least two clients will need their complete networks replaced. We have not completed a full network upgrade in the last two years.

 

Also, our new marketing is working well and we hope to add 6 to 12 new clients over the next six months.

 

On the basis that we keep clients an average of eight years, every lead is very valuable. We are specialising in a field of IT we know best and this is leading to solid leads, but if the house goes the business folds.

 

We hold around 85% in a house with a value of 400k, but this is our only real asset.

 

We offered Blemain an immediate payment of £750 and to be up to date with our previous arrangement within six weeks but they want the full arrears which is considerably more than the court arrears.

 

Many thanks for any help.

 

Sara

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Hi Sara

 

I will bring this thread for Ell-ens attention....she is away at the moment but Im sure she will respond during the week.

 

Regards

 

Andy


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old and new threads merged and tidies for completeness.

 

 

 

 

dx


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Thanks Andy and dx.

 

Ii am sorry to request help so late in the day but only received the eviction date 10 days ago and have been trying to come up with an offer acceptable to Blemain.

 

Should I look at delivering the N244 application to the Court Office no later than tomorrow?

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