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    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
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Pat2010

Capstone REPO **WON** got SPO 2010 - Acenden now want to enforce it - help!!

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If you have a suspended possession order already (from a previous court hearing for arrears ?) then they can apply to the court for a warrant of eviction - there doesn't have to be a court hearing for that - they just enforce the suspended warrant.

 

 

However, if they are trying to enforce the SPO they got in 2010 - it is now 6 years old and they have to apply to the court for permission to apply for an eviction warrant. Have you actually reduced the arrears since the SPO ?


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If you have a suspended possession order already (from a previous court hearing for arrears ?) then they can apply to the court for a warrant of eviction - there doesn't have to be a court hearing for that - they just enforce the suspended warrant.

 

There was an appeal last October that has changed that. They would have to ask the court's permission, first.

 

http://www.owenwhite.com/suspended-possession-orders-permission-apply-warrant/

 

In the recent decision in Cardiff County Council v Lee (Flowers) (2016), which was heard in the Court of Appeal on 19 October 2016 and reported on 21 October 2016, the Court of Appeal held that Civil Procedure Rule (CPR) 83.2 provides important protection for tenants. The Court made it clear that landlords who are considering applying for a warrant following a Defendant/tenant’s breach of an SPO should first ensure that permission to apply for the warrant is obtained from the Court.
If you have already made an application for a warrant based on the Defendant/tenant’s breach of an SPO without first obtaining the Court’s permission it could result in the warrant being set aside and the Defendant/tenant being able to return to the property.
But this does not apply where the lender has been granted an outright possession order.

 

the requirement to seek permission before applying for a warrant does NOT apply to cases where you have an outright order for possession.
Edited to add: this was to do with a tenant of a local authority. I assume it also refers to mortgage borrowers (it would be unfair if it didn't) but I am trying to find out for sure.

 

My reading of Civil Procedure Rule 83.2 is that this appeal decision applies to mortgage borrowers, too.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.2

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the court order is usually outright possession, but suspended on terms


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If the judge makes a Suspended Possession Order then that is what it is, eviction suspended on terms.

An outright possession Order has no terms.

 

 

I do know of one instance in which Acenden failed to obtain an outright possession Order and then outrageously "scrambled" the dates on the Order that was issued to try make it work as an outright possession Order, at least for long enough to obtain a bailiff's warrant (before this latest Appeal Court decision).

 

this Appeal Court decision does apply to mortgagors

 

https://www.stephensons.co.uk/site/blog/housing-blog/permission-required-for-warrant-of-possession

 

In accordance with Civil Procedure Rule 83.2 (1) (d), warrants of possession fall within the category of warrants which may require permission to be issued. The relevant procedure rule states that where an order is suspended on terms, most commonly in respect of payment of rent and a breach of those terms is alleged by the applicant, permission must be sought to enforce the order. This means that the applicant needs to make a separate application to the Court providing evidence of the breach which is being relied upon, before the Court can be satisfied that permission should be given to issue the warrant.
The requirement for permission to be sought before a warrant for possession is issued is seen as a safeguard for the tenant/ mortgagor and is an important stage in the process of getting possession of the property which should not be overlooked.

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We have had lots to contend with and been unable to get online, sorry.

 

We now have a N24 General Form of Order, it was granted 6 weeks ago but we only had a copy delivered yesterday.

 

It says it came from our local courts but the delivery address is a completely different city many many miles away?

 

It just says leave was granted to enforce the possession order on 23rd June 2010.

 

No mortgage account number, just our names and Southern Pacific Mortgage Limited.

 

Since it is over 6 weeks since this was granted should we expect to receive paperwork with a date to leave by on it in the next few days?

We can not pay off the arrears,

 

 

we contacted Acenden last week via letter and this seems to be their reply.

 

Were merely ask for advice going forward now whilst we await social services and such for help with approaching the council to hopefully get some form of roof over our head.

 

 

We have read that we can not go to the housing department until we have a bailiffs letter with a date on

but apparently we shall recieve letters from Acenden or SPML prior to this with a date to leave by before they can ask the courts to make sure we leave by a date set by the courts?

 

 

Any idea of timescale please?

Everything seems to point toward 7 - 21 or so days from possession order being granted but they seem reluctant to tell us anything.

 

 

Tomorrow we shall be seeking advice from CAB to see if it is right that 6 weeks is usual for such a letter to arrive.

 

Many thanks.

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its outside 6yrs surely they cant

 

 

you seriously should of gotten on top of the additional Buildings insurance and PPI issues and reclaimed the lot .


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They can enforce the order from 2010 if they have permission from the court, which they seem to have done.

 

Have you reduced the arrears since 2010 ?


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They got permission 6 weeks ago, l just wondered why so long to send the letter out.

 

Yes, we cleared the original arrears or so we thought, but there were still charges and fees.

 

We have more arrears now higher, totally our fault but there was nothing we could do about it financially.

 

We have had a few arrangements in place which they kept adding charges too

and they said they had not accepted the arrangement which is why fees could still be added.

Unless we made a token payment of £7000 no arrangement would be accepted.

 

 

The 'agent' was horrified as he had made a huge note of us being on low benefits and having disabled children as well as me being ill also.

Couldn't get MIR as eldest daughter earns too much and couldn't/wouldn't pay the difference even when asked by the mortgage benefits team.

 

I am at a loss as if we stay here daughter wants to stay so l continue to lose most of our benefits plus any MIR l could be entitled to but if we leave she will find her own place.

 

l am trying to find out if anyone has any idea of how many days minimum we would likely have before we have to leave if we have not had any letters from Acenden yet giving the first date.

Many thanks.

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you should have reclaimed everything years ago

 

 

you shouldn't have fees/charges/insurances/debt vistors fees appearing as ARREARS, they should be a totally separate account within the mortgage from the main capital/interest.

if the DEBT is all these fees etc

then that's not correct

 

 

being taken to court etc for arrears - that figure can only be the mortgage arrears not that of a sep account within the mortgage

 

 

have you ALLL the statements from day one thru to today?

 

 

dx


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l have no paperwork to show what the actual amount of arrears is, l mean from the courts, but l have letters showing 2 separate accounts, payment arrears and other fees. l do have all statements.

Many thanks.

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

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Thank you,

only problem is we do not know what charges have been added recently as we get twice yearly statements.

 

Can l still reclaim everything even if we are not here anymore?

 

Also,

the property number they are going for no longer exists (and Acenden are aware of this)

what if the bailiffs can not deliver paperwork because they are looking for the wrong address,

would we be frowned upon for not letting them know or is it Acendens fault for being careless?

 

 

I refuse to believe that during the past 6 weeks Acenden have been doing nothing.

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get an sar running then.

 

what do you mean by not here anymore ...sorry you lost me?

 

if the bailiff cant deliver it'll be referred back to the court I would assume?


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Sorry DX l meant if we are no longer in the house, not sure how long we have as everyone we have approached for advice has told us it varies and depends on the Judge/Lender.

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they can only take you to court for payment arrears

an how much is that?


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Do you want to stay in the house? if so are you able to make normal monthly payment plus something towards the arrears each month ?


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Payment arrears are £7000.

We can only afford to stay in the house if eldest daughter gets her own place as we get over a third of our benefits stopped plus no claim for MIR as she earns too high a wage,

 

 

l feel leaving will be better for my other children even if we have an uncertain immediate future.

 

Many thanks.

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