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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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HSBC and Barry


Barry Kushner
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Hi All,

 

Here is the story so far:

 

  • Data protection: 15/01/07
  • HSBC sent bank statements
  • Claim letter: 15/01/07
  • General reply asking for more time
  • LBA: 30/01/07
  • HSBC offer 5/02/07
  • Partial settlement letter: 16/02/07

My total claim is made up of £2,975.62 made up of £2,492.50 fees and £483.12 in interest charges. I am not sure if the interest is the correct caclulation.

I was offered £2,275, which I accepted as a partial settlement and have given HSBC a further 7 days to pay the claim in full before I take legal action.

Does this seem Ok to you all?

Barry

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it seems fine - glad you got your thread sorted.

as for the o/d interest - as the bank is picky about that - more so recently - it is a good idea to get it spot on before you file your claim which is your next move - and could be any day now as your lba is over 14 days posted. my suggestion - do the sums once more - i'll put a link here and follow it point by point - if you do - your o/d will be correct and will be defendable against their pickiness.HONEYGIE sees you HSBC! (multipage.gif1

it's post number 9 - and i wrote it to simplify it for loads of others - try it once more and see what you get for your o/d figure plus it will figure your 8% interest which you will be adding on at the claim stage which you can get done. never mind what you've asked them for before, this is your last chance to clean it up before you file - and you will be sending their solicitors a copy of your "revised" schedule soon after you file. so check your figures by doing it this way and then get your mcol ready to submit and do it - no point waiting for their answer to your letter - they may or may not replay and if they up their offer - you will then ask them to include the court fee. no use delaying any longer - get it tidied up and submit.

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try this one:http://www.cag-files.co.uk/barracad/Spreadsheets/England/Complex-bank-charges-calc.xls

 

i don't show a p column it jumps to q and it calculates based on today's date - i recommend you use the date you anticipate filing your claim.

see if it works typing that link in - didn't come out as a link - just type it.

go on the charges and interest tab as per the honeygie link.

you go back and do it a second time to get the 8% interest - it's a different tab. try it.

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  • 2 weeks later...

I would like to ask advice about my case. I claimed £2,975.62 and was offered £2,275. This came after the LBA letter. I then gave HSBC a further 7 days in a partial settlement letter and have not had a reply. Do you think I am right to pursue a legal claim now?

 

Barry

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  • 3 weeks later...
Can I claim mortgage arrangement fees? And what I claim from credit card companies?

 

Can anyone advise me?

 

Ta

 

Barry

 

mortgage arrangement fees i would have thought are for a service and therefore not reclaimable. as for credit cards, take a look at the different forums on the cag homepage - i'm sure you'll find information from there

If i've been helpful in any way....then tip my scales over there!

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  • 4 weeks later...

barry, sorry i didn't see your question on mlloyd's thread until just now....

that's why it's always better to ask questions on your own thread -

the thing is - up until the end of last month - everyone got an aq - now - it is up to the local court - if you filed by mcol and it was defended after 1 april - it probably says - the aq is being dispensed with in this case - and that would mean you are just in a queue now waiting for your local court to act...... you may want to take a look at this thread for clairity:

New---after 28 Days - Maybe No Aq!!!!!!!

 

if you did get an aq sent to you --- here is how to deal with it:aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

 

and if whether you filed an aq or not - this thread may help with what to do now:When you have filed your AQ................

 

post again and let me know how you are getting along.

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  • 4 weeks later...

I now have a date to go to court and am preparing my statement of evidence when I received a letter from the HSBC solicitors D & G requesting a copy of teh bank charges schedule. I am going to send it to them - but why are they writing to me and not through the court? What do you think?

 

Barry

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dg won't make an offer without the schedule of charges so get one sent pronto. you'll be dealing with them solely now (unless the court advise otherwise). if dg are asking for a copy - then see it as they're looking at your case!!

If i've been helpful in any way....then tip my scales over there!

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