Jump to content


urgent help COURT on 26/4


slimtrader
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5265 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am going to court on 25/4 for a repossesion hearing.I have a second charge with CITIFINANCIAL and 03/06 i was issued a sefault for arrears and went to court a couple of times in the year due to my arrears.In 12/06 i settled all the arrears and charges in full and the suspended order was cxld.I am in a couple of months arrears again and have been issued a court summons where i will go for another suspended.My big query is in the evidence sent to court by WALLERS SOLICITORS is a copy of the default issued to me in 03/06.Now i was under the impression that if you settle all charges and claims in full that the default is fulfilled.Is this true and should they have issued me a new Default for the new arrears as i thought the first Default was was now settled.Please help as i would like to raise the issue in Court

 

Thank you for all your great help

Link to post
Share on other sites

try and pm a moderator - you need solid advice

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

When the original default notice was served, did you clear the arrears to remedy the default within the required timescale? the consumer credit act recently changed to state that you have a minimum of 14 days to remedy the default, HOWEVER i think back then it would have been a minimum of 7 days. If you didn't meet the timescale and the account actually defaulted they wouldn't need to serve you another one.

 

i take it that the secured loan was regulated by the consumer credit act?

 

i.e. was it for £25k or less [or 15k or less if you took it out before 1.5.98]

Link to post
Share on other sites

The loan was for 50k so can they just re-use old defaults even if they were satisfied as this seems strange as the loan was brought back up to date and all payments were in line so i would of thought that you would need to serve a new default for the new arrears?

Link to post
Share on other sites

The loan was for 50k so can they just re-use old defaults even if they were satisfied as this seems strange as the loan was brought back up to date and all payments were in line so i would of thought that you would need to serve a new default for the new arrears?

50k? it would have been an unregulated debt.

this means that the terms of the loan would have been specific to the actual contract you signed. you do not have the protection of the consumer credit act unfortunately.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...