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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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Tash1990

Halifax eviction notice ***Success***

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OK,  I understand what you mean now - I think offering £115 is fine - that would mean you wold clear the arrears in less than a year,  quite acceptable.

 

I will draft a letter for  you in the morning as I have to go out shortly.


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Thankyou very much Ellen u had ne worried for a minute speak tomorrow so you think I have every chance if getting it suspended again them

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Had a letter from Halifax today saying were taking possession of your home you will receive an evection notice shortly etc and to make sure we find somewhere else to live do u think its nesseasary for me to go to the council to inform them or do u think I should wait till we apply to the court when the notice comes through dnt want to be in a mess with no where to go if u think we stand a chance of keeping our home should I need to go to council

Oh and it also says to remove all our belonging lsd before the eviction date getting worried

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Hi Draft letter affixed.   you need to put your address at the top, the lenders name & address under the date and also put in the mortgage account no

.

You should send these letters by Special Delivery and keep the postal receipts  so you can check on royalmail website to print of proof they received them.

 

Send one copy of the letter to Halifax  (make sure you have the right department) and one copy to the solicitors with a covering letter as below: (your address, their address and mortgage account no as the other letter - then put:

 

 

Please find enclosed copy of a letter send to your Client Halifax Building Society.

 

Yours faithfully,

 

 

XXXX

 

 

Enc.

Tash 1990 Letter.doc

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I really don't think you will lose your home for the sake of £1,000 of arrears which can be cleared in less than 12 months.    Send the letters I've posted above and wait and see if an eviction notice appears - we can then defend that in court.   Make sure you send by Special Delivery by 1pm   so they definitely get them tomorrow (I'm afraid it will cost £5 per letter but worth it  as it may stop them issuing an eviction notice)


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Thanks Ellen will get that sorted tomorrow 

 

Not going to have time today as got to go to library to get them printed and I'm at work till 8 tonight just dnt like the thought of being out on the streets with 2 children thanks for being so understanding 

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Make sure you take a couple of photocopies of the letters in case we need them for court.


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Okay will do will get then printed iofand sent by the end of the week I'm working till Friday now so will try my best before hand when I spoke to Halifax on the phone they said the eviction notice wouldn't come to the house till at least the 28th may as they have to wait 14 days ir something  so still have 6 days to get them sent hoping to get em printed if tomorrow hun so will send them Thursday or Friday chic x 

Wasnt gonna be working but they have asked me to do some extra shifts 

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Should I email then aswell or just post just incase 

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I've sent letters of recorded delivery this morning and also got receipt kept 2 copies to x

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OK,  keep the copy letters and receipts in a safe place - best to get a file/folder to keep everything in and in date order - then you will have everything together if we have to go to court.   If you can print out the CAG budget you did sheet at some time it would be helpful to keep in the file - it will be needed for a court pack.

 

You say you've sent them recorded (not Special Delivery) ?    they may not get them by the end of the week and recorded don't always get signed for but SD does, helpful if you need to prove they got them.


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The women on desk said they should get them by tomorrow I have receipt with proof of sending with there address and postcode on for both yes I will get the cag budget sheet printed of just wanted to get letters sent would have cost me nearly 15 pound to get them sd didn't have the money on me at the time hopefully they will get them in time if not I have proof of sending them to show court that i did try

She also said they would have to sign for them she put the sign stickers on them anyway

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OK,  fingers crossed they receive them quickly.  If you wait a few days yu can check on the royal mail website to check they have signed for them.  You can then print out the proof and keep with the letters etc.


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Ok thanks just hope all this is worth it cnt help but worry I'll loose my home x

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Had eviction date through it's the 13th June so still plenty of time to ask for hearing 

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OK,  let's see if they reply to your letters.   If nothing by next Tuesday we'll start to draft your application for a hearing.  do you have a printer at home ?  you'll need to print out quite a few things


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No but can print at library it's only 10p a print ok

 

I'm hoping they will reply to letters as could do without the stress of court fingers crossed will get it suspened again getting scary now making my self worry

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Tracked my letters the solicitors have received theirs just got to wait for Halifax to get theirs hopefully tomorrow now they have signed for it anyway

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They have now both been delivered and signed for so hopeful here something tomorrow if not Tuesday xx

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Also had evection notice from bailiff for the 13th June to my partner thinks we will get evicted because luckk never goes his way I'm hoping we can win this for the sake of my kids and possibly relationship xx really stressing now xx

Just worried we will have no where to live do u honestly think it will go that far 

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Stick with Ell-enn's advice, Tash. If you have a read around the repos forum, she's saved a lot of people from being evicted. I expect she'll reply to this when she's able to. :)

 

HB


Illegitimi non carborundum

 

 

 

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Okay thankyou I have every faith In Ellen it's just worrying when get the letters especially with 2 little ones to think of makes u feel like u have failed them xx I'm just hoping our luck changes xx

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Hi, my laptop isn't working so I'm using my IPad at moment  till I can get it fixed but I expect it will be after bank holiday.  However I can reply to your posts.

I don't think for a moment you will lose your home for arrears of just £1000. We can't do anything till Tuesday anyway and I will be back at work and able to use computer there.

Try to stay positive, you'll be ok


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Ok thankyou Ellen I am staying positive it's just my fella that's worrying as it's the kids home xx

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Hi Ellen we haven't received a letter regarding my offer of payment but we have received a letter of hakifax regarding my complaint I made against them with Walker Morris the solicitors saying there going to look into it and hope to get back to keep shortly it also states it could take up to a weeks which is no good as the eviction taking place on the 13th June if we dnt get it suspended finger crossed we do what will the judge say about complaint will that be good for us if they have not got back to us by then

 

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