Hi The lender is Webb Resolutions There is no repossession order but they have repossesssed the ouse anyway - this morning I spoke to a solicitor yesterday who said that they are entitled to do this. If any one sees it differently I'd love to know, but at the moment short of repaying the arrears in fill now, things don't look great

I have a buy to let mortgage on a second house (I appreciate that my case is not as severe as those of people who risk being evicted from their only home, but I'd still like some advice from anyone who can help please) Lender has appointed LPA receiver due to arrears. I had been paying mortgae plus £100 /month towards arrears but missed a payment a couple of months ago ( Unable to get a tenant for several months, so no rental income) Have now found a tenant whose rent would pay monthly payment plus £100 to arrears but the LPA receiver won't allow me to rent the house until an agreement has been reached on the arrears repayment. I have offered a repayment schedule over 15 months on the basis they allow me to put in a tenant and pay all the rent to the lender plus I've included some lump sums next year, but this was not accepted by the lender because they have no guarantee the lump sums wil be paid. I have offered to find a guarantor for the lump sums, but lender says this is too time consuming Have asked for time to sell the property myself. Still not acceptable unless I have someone in mind immediately The receiver now says that on Friday the lender will send contractors to change the locks. He says Pre-Repossession Protocol doesn't apply to BTL property. So far no court hearing, no repossesion order of any sort. Can the lender go directly to repossesion like this without going through the courts? In 6 - 8 weeks I will be able to make a fairly large payment towards arrears but need to delay proceedings as much as possible. What should I do please?

Hi , Can anyone give me some advice and info about the following please? It's all to do with Unicom theatening to take me to court for £1100 in contract termination charges. First the circumstances and then some questions... In October last year we had a fire in our rented home. It wasn't totally destroyed but we could no longer live there and moved out to a temporary mobile home and moved the home office to a new rented temporary office. The impact of the fire on our business and home life was such that after a few months trying to get things together again the cost of renting the office and the mobile home became unsustainable and we decided to save money by moving out of both and back to place we own where we don't have to pay rent - in our case the only place was in France where we have a home from when we lived here years ago. I advised Unicom (telephones) that we were moving to France for financial reasons and no longer needed the telphome line and they promptly billed me for £1100 in contract termination fees. I've been a client of their's for 4 years and had no arrears up until this termination business. I explained to them the circumstances saying that the reason were moving was not of our making or our choice, but a financial imperative - we don-t have £1100 to give them- but this didn't cut much ice with them. After receiving a threatening letter I spoke to them last on April 15th and they agreed to hold proceedings whilst I wrote to them once again asking them to waive the termination charges, but in April 26th I received an e-mail form their collection agent saying that unless I paid in full by May 3rd they would seek an court injunction, bailiffs, seizure of goods etc etc Questions in no particular order: Is it fair/possible of them to give me just one week to pay before they go to court or are they just bullying? Do I have to correspond by e-mail? Written correspondence at least gives me time to think and reply Any grounds, moral or otherwise to contest the termination charges? Can I contest the amount and ask them to provide a detailed calculation of how they arrive at the £1100 I could offer a monthly amount to clear the 'alleged' debt, but a) this would be to admit I owe it when I just feel it's a rip off and b) I don't have any spare income at all to pay them. Any other advice on how to deal with Unicom and this situation? Thanks - hope someone can help Valhalla

Thanks Desigaand I think I'll try just that Valhalla

Thanks Citizen B This is terrific and much appreciated, Valhalla

Hi Here's a new one on me. Any comments or ideas I took a Flexiloan account with HSBC years ago and the balance was £400 when I got into some financial bother a few months back and stopped making the usual regular monthly payments into the account. I sent a CCA to HSBC asking for a copy of the credit agreement. I said in the letter that I expected an answer in the usual time period.( 12+2 days and then 30 more days) That was way back in April and I still haven't had any response at all to my CCA request. Now Moorcroft is on at me claiming the money. I wrote to Moorcroft saying that I had not received a response from HSBC, that I believed HSBC to be in default because they hadn't replied and telling Moorcroft to go away until they could find the agreement. Moorcroft's reply today says that they've contacted HSBC who tell them that because the account was opened prior to 2002 "the agreement is unavailable due to the age of the account", but since I have used the account I am still liable for the debt. --- I feel like writing back to say the following, but before I do can anyone give me some pointers/comments and tell me if I am barking up the wrong tree or not? a) HSBC is still in default of my lawful request for a copy of the agreement and that whilst that default continues neither HSBC nor anyone acting on their behalf may take any collection action. If they do so, I reserve the right to report them. b ) the age of the agreement is no excuse for not producing a copy ( Is this correct ?) c) Moorcroft are comitting an offence in continuing to pursue me furthermore they are harassing me for a debt for which no evidence has been produced. d) I won't deal with Moorcroft anyway because they are merely a third party and not the original creditor. Any comments please? I don't want to fire off at them if I am not on reasonably solid ground Thank you Valhalla

Excellent point WA Newman and one I'd also like some clarity on if anyone can shed the light on this. Also, in the absence of a NOA, does the DCA have any grounds on which to press for repayment? Thanks

Thanks Bazooka Boo Pretty good letter! Is it still OK to send the letter even though I'm not querying the debt, just Lowell's authority to be collecting it on behalf of M & S ? I want Lowells to provide concrete evidence that they are genuinely the owner of the debt, or get lost Valhalla

Thanks Gezwee, and Silverfox1961 From what you've said and what I've read seems to me that a NOA is a seperate document that have to be sent to the alleged debtor. I would have imagined that there is a set format for an NOA , that it has to contain certain details and be set out in a certain way. All I've had is a letter from The Leeds Losers ( nice one Silverfox) in which they wrote saying that they had purchased the debt. There was some other stuff in that letter and it just seems to me that this isn't a proper NOA at all. Am I right in thinking this and if so can I just write back and say " This isn't a proper NOA and until and unless you send one, I don't want to deal with you" ? Have a great holiday and thanks for your help Valhalla

Hello, Perhaps someone can help me with a case I have going on with an M & S Money card? My M & S file has been passed to Lowell Financial who wrote to me saying that they had purchased the alleged credit card debt from M & S I though that any such sales had to be supported by a Notice of Assignment so I wrote back asking to see a copy of the Notice of Assignment, to which Lowell replied "I wrote to inform you that your M & S account ref .... has been sold to Lowell Portfolio Ltd on 01/06/09, Lowell Financial Ltd has been appointed as the duly authorised collection agent for recovery of the outstanding balance." Questions Is it true that a N o A must be issued when a debt is sold to a third party? If so what does a N o A look like ( I've never seen one despite having asked for one several times) Does Lowell's answer above constitute a proper reply? If they don't send the N o A where does that leave me and what can I / should I do next? Hope someone can throw some light on this or tell me where to look Thanks Valhalla

Hello, I've been reading up on your fun with M & S. Perhaps someone can help me with an M & S case of my own? My file has been passed to Lowell Financial who wrote to me saying that they had purchased the alledged credit card debt from M & S I though that any such sales had to be supported by a Notice of Assignment so I wrote back asking to see a copy of the Notice of Assignment, to which Lowell replied "I wrote to inform you that your M & S account ref .... has been sold to Lowell Portfolio Ltd on 01/06/09, Lowell Financial Ltd has been appointed as the duly authorised collection agent for recovery of the outstanding balance." Questions questions... Is it true that a N o A must be issued when a debt is sold to a third party? If so what does a N o A look like ( I've never seen one despite having asked for one several times) Does Lowell's answer above constitute a proper reply? If they don't send the N o A where does that leave me and what can I / should I do next? Hope someone can thorow some light on this or tell me whre to look Thanks and good luck with your own case Valhalla

Hi, can someone give me some advice on this please? I came to an agreement with Metropolitan ( acting on behalf of HSBC) to pay £25/month towards a debt. That was 2 months ago and I've made the payments since then. Metropolitan now write to say that they now "need" to reassess my position with a view to increasing the payment. I did notice that when they agreed to my proposal of £25 /month they said that the agreement was subject to change at their discretion. Anyway, I'm surprised that they want to increase the payments after only two payments. Their original acceptance was clearly a tactic to get me in the system so they could screw me for more money later. The total debt is £2,800 Where do I stand on this? I'm concerned that they won't agree to anything I suggest except on a temporary basis and they'll keep coming back for more every couple of months. Do I have to agree to increasing the payment and what will happen if I just say that £25/month it is for the moment? Any advice/experience ? Thanks Valhalla

Thanks to Citizen B and vint1954 I'll start a new thread Valhalla

Hi, not sure this is directly relevant to this post - couldn't find one that was - but the discussion may well help other folk out there. I came to an agreement with Metropolitan ( acting on behalf of HSBC) to pay £25/month towards a debt. That was about 2 months ago and I've made the payments since then. Metropolitan now write to say that the agreement was only temporary and that they now "need" to reassess my position with a view to increasing the payment. The total debt is £2,800 Where do I stand on this? I'm concerned that they won't agree to anything I suggest except on a temporary basis and they'll keep coming back for more every couple of months. Any advice/experience ? Thanks Valhalla

Thanks to everyone for your advice. Much appreciated Cerberusalert's comment brought something else to mind : I've a spot of bother with a business account, also with HSBC. I went £50 overdrawn and ( due to my own lack of action/attention mixed with a bit of f**k em attitude ) I didn't pay it off when I should have/could have. HSBC proceeded to charge me £8 per day for being overdrawn, so that now I owe them £500 - all for having 'borrowed' £50. I gather that business accounts are different to personal accounts and I can't dispute that the charges are what it says in the terms & conditions which I signed when I opened the account - so I have been stupid, but.... I just find it difficult to accept that it is morally justifiable to charge anyone £500 for being £50 o/d amd if I could find some way to challenge this I would love to do so. It just stinks somehow They (HSBC) had the gall to write to me saying that if I was having financial hardship they would consider my situation 'sympathetically'. When I did write asking them to re-consider the charges, they replying saying they had 'carefully' considered my comments but found that the charges were in line with the t & c s ( Thanks a lot for your sympathetic consideration) Any comments or advice? Thank you guys and gals Valhalla