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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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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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Thank you

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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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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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