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    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
    • So who cleaned it and are they prepared to give a report of the state of the place as they found it?
    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt.   The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. F   rom your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon.   One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Interest Only Mortgage - ending 7 years


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Hi

 

I'm after a bit of advice.

I am currently interest only on my mortgage and owe approx 63000. This ends in 7 years. I am in no position to remortgage. Because of my poor credit rating and type of house I'm in.

As I know this 63000 needs to be paid. What is the best way. Do I up my monthly payment to my mortgage company or save up over the 7 years. (I actually thought I had longer)

 

Thank you

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Hi.

 

 

Have you spoken to your mortgage lender? They should be able to advise on the best way to reduce or pay off your mortgage.

 

 

 

They might also consider converting your loan to a repayment one, possibly extending the term of it to make the payments lower. I think it's going to be difficult for people here to advise you in depth because you won't be able to put that much information on an open forum.

 

 

HB

Illegitimi non carborundum

 

 

 

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Well if your credit rating is poor now in 6yrs if all your debts are defaulted they should not longer show.

 

Many co.s now do extension on int only mortgage s

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am currently with acenden who I believe is going to Kensington from 1st December.

I didn't know that could be done in extending your mortgage to pay it off.

I probably wait until Kensington take over before I ring them.

Just wondered if anyone could speak of their personal experience

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Oh god 2 of the worst lot to be with

Their mortgages are designed to make you fail from day one

 

I see you already know this...

https://www.consumeractiongroup.co.uk/forum/showthread.php?463799-Acenden-repossession-court-order

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what collateral do you have in the property?

If it is worth substantially more than the debt you should be able to transfer your mortgage over to a proper lender and then pay it off as a normal repayment mortgage.

 

How old are you?

If you are under 50 most of the big banks will be happy enough to lend to you but many smaller lenders wont want to offer you a good deal with a poor credit record.

 

Also, is property freehold or leasehold?

If the latter how long left on the lease?

makes a difference to their attitude as well.

Edited by dx100uk
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Oh god 2 of the worst lot to be with

Their mortgages are designed to make you fail from day one

 

I see you already know this...

https://www.consumeractiongroup.co.uk/forum/showthread.php?463799-Acenden-repossession-court-order

 

Yeah. My arrears are now cleared. So. Owe 63000 including 8000 costs theyve added onto my total of 55000

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what collateral do you have in the property?

If it is worth substantially more than the debt you should be able to transfer your mortgage over to a proper lender and then pay it off as a normal repayment mortgage.

 

How old are you?

If you are under 50 most of the big banks will be happy enough to lend to you but many smaller lenders wont want to offer you a good deal with a poor credit record.

 

Also, is property freehold or leasehold?

If the latter how long left on the lease?

makes a difference to their attitude as well.

 

I'm 41.

Now your talking mortgage terms, I don't understand. I was. Blindly signed into the mortgage I didn't know at the time of. Signing what I was signing. Mortgage advisor was useless.

I live in a bisf property which is very hard to get a mortgage for and at the time it was preferred mortgages. In which I get annual statements from them. But my payments have been made via acenden

I'm probably better off going to a trusted mortgage advisor.

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you need to get an sar running

get all the statements and get back any penalty fees they've charged inc any insurances building/contents /PPI

the ONLY ins you must have is buildings

if you already had that then they must refund their compulsory one if they've charged you it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
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