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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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Hi guys

 

Hoping this is in the correct place and someone can point me in the right direction.

 

Some months ago my mum filed for bankruptcy and my dad received a letter saying that they're going to repossess the house as it is a joint mortgage. He has until 3rd August to reply.

 

My dad is disabled, we've had the house adapted for him, rails, a lift installed from the living room to his bedroom, and him leaving the house is going to destroy him.

 

If I had the money I would buy her out. But I haven't. Is there anything we can do? Any suggestions on who to talk to?

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why does she think bk is necessary please?


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Sounds like a decision your mother took without research or seeking advice.

Do you mean bankruptcy or IVA application?

Why wait until 3 days before deadline to post?

Can no one obtain a loan/mortgage to pay current current mortgage?

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Some background information would help.

 

Are they still living together ? Or are they separated or divorced ?

 

What debts did she have that caused need for bankruptcy ?

 

Do they have any other joint debts or is it just a joint mortgage ?

 

Who is paying the mortgage ?

 

Has the bankruptcy already gone through and the person appointed on behalf of creditors is now looking to sell her assets such as the house ?

 

Your Dad is not going to receive much helpful advice, unless he shares more information with someone who deals with such legal issues.

 

Suggest that urgent action is taken to get hold of all information about the current situation.


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Sorry for the lack of information.

 

Mother and father have been separated for 5 years, the bankruptcy was agreed 3 years ago.

 

 

There was a letter sent in December 2016 that my father didn't respond to or tell us about, fundamentally because he wasn't well.

 

My father is paying the mortgage and has been for 3 years.

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What court applications are currently going through in regard to the trustee in Bankruptcy forcing the sale of the house ?

 

What was the date of bankruptcy ?

 

Your father really needs to see a Solicitors.

 

 

If he has any legal cover such as on Home Insurance he should check whether it can offer any help in regard to costs.


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It say she possession order on the letter?

 

10/10/14 was the date of the bankruptcy.

 

I know he does, as we saw the letter yesterday I thought I'd come on here to query.

 

I'll review his home insurance and see if he has any legal cover.

 

 

Thank you

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Who was the letter from ?

 

The date of 3rd August for response, is that related to a court application already made or they intend to apply to the court for a possession order ?

 

In regard to your Fathers disability is this just physical or are there issues such as mental health or other conditions that make him vulnerable i.e he can't make decisions, might not understand.

 

What is the position in regard to the mortage ? Presumably still in joint names, no arrears and your Father took over sole responsibility for paying 3 years ago, when your Mother could not pay.

 

Has there been any legal attempt to divorce or come to a financial settlement between your Mother and Father ?


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No legal attempt no. Mum said she was going bankrupt and was told nothing would happen with the house, but nothing in writing.

 

Still in joint names but no arrears, dad's been paying it.

 

Dad is physically disabled by the fact he cannot function physically on his own, struggles to walk, cannot walk long distances etc.

 

Mental capacity would need to be addressed but without care from family he would not be able to function.

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Appears you are in possession of little information.

 

Given the urgency, i think your Father needs local legal help.

 

A local Solicitor should be able to assist and given consequences, i don't think he has much choice.

 

The house might well be taken possession over before October 2017,

because i believe the trustee acting for creditors has 3 years from the bankruptcy date to get their hands on any assets.

 

I don't think it matters much that your Father is a joint owner.

 

Creditors will want 50% of the equity owned by your Mother.

 

Your Father would then be paid any equity due to him after the sale of the house.

 

This is my understanding from reading about this previously, but i am no expert.

 

Qualified legal advice essential.


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Hi Tiny1983

 

You say the Bankruptcy date was 10/10/2014

 

1. Was the Mortgage Company listed as a Creditor in the Bankruptcy?

 

2. Are they Discharged from Bankruptcy and if so when? (if unsure they need to ask the trustee dealing with there Bankruptcy).

 

3. Who exactly is going for repossession? (trustee in bankruptcy, mortgage company)

 

4. Exactly what was the letter in December 2016 about and who was it from? (trustee in bankruptcy, mortgage provider etc)


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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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You cant list a secured mortgage in Bankruptcy.

 

How do I pay my mortgage if I am Bankrupt?

Because your mortgage is a secured debt it is not included in Bankruptcy. This means that you will have to keep paying your mortgage payments each month. If you do not then your house will be at risk of being repossessed.

 

They way you keep up your mortgage payments is that they are included in your list of allowed living expenses. You will always be able to use your income to make these payments before you have to pay anything towards your debts.

 

In this sense this solution will actually make it easier for you to pay your mortgage as you no longer have to feel under any pressure to use your mortgage money to pay your other unsecured debts.

 

Will my house be at risk after I go Bankrupt?

 

One of the main concerns about Bankruptcy is that it could result in you having to sell your property. The fact is however that this will not automatically be the case. The question of what happens to your house very much depends on the amount of equity if any that there is in it.

 

If you know that there is little or no equity or negative equity then it is very unlikely that you will have to sell and you will be able to keep your home. However you must make sure that you keep paying your mortgage. This will be your responsibility out of your allowable living expenses budget.


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