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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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stegly66

SPML/Acenden - Repossession.

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I'm looking for any help/advice anyone can offer re court hearing in 3 weeks for repossession, instigated by SPML.

 

I'll be as brief as possible,

 

the background is that I took out a £5k secured loan with London Mortgage Co in 2005 (which became SPML/Acenden in about 2010)

fell in to arrears of £400 in 2007 following redundancy.

They went for repossession which the judge  suspended with an order to pay the monthly payment plus £20 until the arrears were cleared.

 

I maintained this arrangement but the arrears continued to increase as they were adding monthly fees and charges directly to the arrears.

When I eventually noticed this, I complained but they said they were entitled to and they weren't doing anything wrong.

 

Unfortunately, I didn't refer this to the Financial Ombudsman within the 6 months time limit,

when I eventually did,

they said they couldn't help as it was out of time and SPML wouldn't give them permission to look.

 

Any payment arrangements made in the intervening years have been pretty pointless as the charges were always more than the additional payments so that by the time the loan came to the end of it's term in 2015, I owed them £17k.

 

Until this time, even though the debt has spiralled,

they have never once gone back to court to try and enforce the suspended repossession order. 

 

I feel that I have been treated unfairly but no one seems to be able to offer any advice as what to do in 3 weeks other than hope the judge also thinks I've been treated unfairly. I can't afford legal help and don't qualify for aid and bodies such as the Citizens Advice say they can give me debt advice but not legal advice.

 

Any constructive suggestions would be greatly appreciated as to what I can do to try and fight back or is it a pretty hopeless case?

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first thing, can you post up the statements of account and contract that gives them the right to add these charges? Also do you have the judges order that allows them to add interest to their debt above the actual principal (ie the money you borrowed)

You can most likely recover the whole lot plus interest and that will result in them having to pay you a very large sum of money, possibly more than the £17k debt

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what jokers a £5k loan now £17k

bet theres all sorts of

arrears fees

debt visits

phone

letter

fees that can all be reclaimed at their int rate

 

get the statements quickly!

sar tomorrow


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Thanks for your replies.

I've managed to get the statements and the original agreement,

just need to redact and then scan them so I can post them up.

 

I can't however find the judgement from the court.

I know I should have received it but I honestly can't remember ever seeing it.

 

I do though have the letters from my solicitor and their solicitor confirming the judgement but not sure if that's helpful.  I also have a few copies of their list of charges, which I've been sent whenever they've ben amended. I'll attach what I have anyway once scanned.

 

I have raised a slightly different complaint with them along the lines of not being treated fairly and in contravention of the FCA Handbook which they have obviously rejected but said I could go to the Financial Ombudsman if not happy with their response. I've nothing to lose by doing this so I'll submit that tomorrow, but they have said they won't suspend the court hearing regardless.

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