Hi again, yes long story. The property had previously been let and as my husband and i had separated the plan was he was moving into it. It needed work and he was disappearing working on fitting new work tops decorating etc. This didn't happen. Hes a pathological gambler and i discovered bills mortgage etc were not paid. 2 years ago it went to court where a suspended repo order was granted. On the most part i made sure payments were made but already the sum quoted at the possession hearing the paperwork had loads of charges for letters etc. We agreed to pay the monthly installment and an amount off the arrears. Then i got poorly with CFS and didnt work for a couple of months and despite speaking to santander and paying as much as i could the solicitors took it straight back to court. The house was on the market and we asked for time to sell and 3 months was agreed. We thought we had it sold however they pulled out and santander enforced the order for possession. By then id had enough and knew there was enough equity to clear the mortgage and associated costs and their solicitor claimed because of my ill health and ex's gambling there was no way forward.
It was sold by a local estate agent who reduced the market price from 49 950 to 30.000. I wrote an official complaint letter to santander head office
About the undervalue and he replied stating they had 2 valuations. Ive got all the details of other houses in the immediate area which were on the market and selling costs.
Ive got all statements and letters where costs were added and officially complained. Ive spoken to FOS who said i needed to complain directly to santander first. In the meantime 8 months after the sale this letter arrived despite my complaint.
Name of the Claimant ? it’s a private name and address
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.issue date= no date shown .theres a sticker saying the case number over the box.
Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -
^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total
Particulars of Claim
What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.
A claim for monies due=
on the 11 April 2016 the claimants entered in to agreement with the first and second to loan the first defendant the sum of £6300 on the terms set out in the agreement dated 11 April 2016.
b The first defendant was to repay the claimant the full amount of £63000 within the 6 months from the date of agreement. The first defendant would make £2000 to the claimant on each 1st day of the month.
C in the event of the 1st defendant failer to repay the loan or the monthly payment the defendant was to transfer the 30% ownership of the 2 businesses.
2 the second defendant agreed to be the guarantor to the first defendant with the agreement dated above and in the event of any default of the repayment by the first defendant and the value of of the eforementioned business was not sufficient to cover the amount borrowed or any outstanding monthly payment agreed the repayment amount loan.
3 third defendant agreed to pay the £63000 to the claimant together with the monthly payment of £2000 on behalf of the first and second. [This is me as I never signed or said I will pay more then the amount borrowed].
What is the total value of the claim? £46600.00 plus court fees of £2330 +solicitors £100
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? not sure
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?
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No was a private loan
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 ? not really
Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? no
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. yes
further the claimants has said in his statement that £68000 payment has been paid.[ £45 by me and £23000 by my son.] thanks for all the help so far. do i need to send anything at the moment.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!