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mr nice

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  1. Do you include the day that you are served with the SD as one day. I got my through the letter box on 10th October 2013. I'm also a bit confused in filling the 6.4 for in section (d) I have Lowell and in section (a) I have BW Legal. The date I got the SD served is 10th october 2013 but on the paper work by BW legal it says 24th September 2013. In section (b) do I put the 10 October or 23rd September.
  2. I also had a SD from BW legal which was served on 10th October 2013 and according to my calculations 18 days were going to up on this coming Sunday. Managed to fill the 6.4 and 6.5 forms and took them to court this afternoon only to find out the court times had changed a few months back from 10.00am to 4.00 pm to 10.00am to 2.00pm. The person at the court said I could leave the forms in their post and they will be seen first thing Monday morning. I have bought the forms back and will go first thing Monday morning but it will be the 19th day on Monday.
  3. Thanks a million for everyone's help. I filed the defence couple of weeks back and I have hot a reply back from the claimant's solicitor. They have sent me a Tomlin order and proposed some terms for me to agree within 14 days. The claimant want's to settle at £5800.00. The amount they asked for on the court order was £6552.09. The original amount was only £3440.99 and the rest was added interest and court costs when the court was sent. Secondly they have agreed on me to pay £25.00 per month. They want me to agree to this. After I sent the defence of I also made a request of them for CPR Procedure and requested the relevant documents. It's been nearly 2 weeks and no response. I am thinking of writing back to them until they don't reply to my request I can't consider their offer. Advice appropriated on how to go forward on this.
  4. It's a credit card debt which goes back to 2000. HSBC have passed this to a DCA. They also sent a statutory Demand in November 2008. I stupidly ended up paying £500.00 straight away and then got in to a payment plan with them. To stop the Statutory demand. I have not asked for a CCA. On the claim form shall I just dispute the whole amount and request fro CCA from the claimant. How do I go forward on this. What is a CPR please.
  5. I have been sent a county court summons by Phoenix Recoveries (UK) Ltd Sarl-Marlin Recoveries. They are acting on behalf of HSBC Bank. I have an outstanding credit debt which was with HSBC bank and over the years I have been on a payment plan of £30.00 per month. Recently I got a letter from the solicitors that the amount was not enough and they sent me a income & Expenditure form which I filled in. It was a very basic form and did not ask me to list all my out goings. I sent this off and then I got a letter back saying there is a monthly surplus of £300.00 and that part of this should be applied to the debt. I do not have a surplus and this £300.00 was for other debts. Any how by the time I was in the process of writing back within couple of weeks I got a court order claim and they not just requested the £3440.99 already owed but also interest of 2821.10 which has never been mentioned before with courts costs amounting to a total of £6552.09. I am able to make a offer of anything from £30.00 to £40.00 per month but can someone help me with extra interest and that it looks like that the intention of the claimant was always for a court order then why ask for income and expenditure. How can I dispute this and I really don't want a CCJ registered against me. Unfortunately I have just realised that the form has a date of 8th June 2010. I have already sent the acknowledgement within 14 days. Basically today is the last day within the 28 day period. Firstly I was going to admit and pay a monthly payment but know I have decided to dispute the whole amount and request the credit agreement from the claimant. Can someone tell me how to go forward on this.
  6. I have an outstanding credit debt which was with HSBC bank and over the years I have been on a payment plan of £30.00 per month. Recently I got a letter from the solicitors that the amount was not enough and they sent me a income & Expenditure form which I filled in. It was a very basic form and did not ask me to list all my out goings. I sent this off and then I got a letter back saying there is a monthly surplus of £300.00 and that part of this should be applied to the debt. I do not have a surplus and this £300.00 was for other debts. Any how by the time I was in the process of writing back within couple of weeks I got a court order claim and they not just requested the £3440.99 already owed but also interest of 2821.10 which has never been mentioned before with courts costs amounting to a total of £6552.09. I am able to make a offer f anything from £30.00 to £40.00 per month but can someone help me with extra interest and that it looks like that the intention of the claimant was always for a court order then why ask for income and expenditure. How can I dispute this and I really don't want a CCJ registered against me.
  7. I have an outstanding credit debt which was with HSBC bank and over the years I have been on a payment plan of £30.00 per month. Recently I got a letter from the solicitors that the amount was not enough and they sent me a income & Expenditure form which I filled in. It was a very basic form and did not ask me to list all my out goings. I sent this off and then I got a letter back saying there is a monthly surplus of £300.00 and that part of this should be applied to the debt. I do not have a surplus and this £300.00 was for other debts. Any how by the time I was in the process of writing back within couple of weeks I got a court order claim and they not just requested the £3440.99 already owed but also interest of 2821.10 which has never been mentioned before with courts costs amounting to a total of £6552.09. I am able to make a offer f anything from £30.00 to £40.00 per month but can someone help me with extra interest and that it looks like that the intention of the claimant was always for a court order then why ask for income and expenditure. How can I dispute this and I really don't want a CCJ registered against me.
  8. I also am having the same problem with these idiots. Even though I have agreed a payment plan of £25.00 on the 8th of every month. I still get silly text messages all the time requesting payments. Couple of days back I got a letter with a notice of intended recovery even though this month's payment was only due by the 8th (last Saturday). They have had last month's payment. This is completely getting put of hand.
  9. Can any one help me out there as the N9A from the court has to be sent back.
  10. The finance company is Capital Bank (Bank of Scotland)
  11. My sister got a car out on finance for a 3 year period starting from January 2007. The total finance was £15899.04. She was making regular payments until last August and had paid £8250.28. Its then she was involved in a road traffic accident and since then has not worked. She is currently on Family Credit. The current outstanding balance is 9132.29. The initial outstanding figure was £7770.50 plus charges of 1361.29. Some of these charges have been horrendous like £150.00 for each letter sent. It also includes £250.00 for Solicitor costs. A possesion order (Claim Form) has been sent for the return of goods with form N9A. My Sister has sent a offer for a full and final settlement for 50% owned taking out the additonal charges which is half of £7770.50. This has been rejected DLC (Direct Legal Collections) and instead they have asked for £7300.00 as full and final. Can you tell me the way forward as my sister wants to keep the car. If it gets repossed then it will sold at give away price at the auction and my Sister will still be chased for the debt.
  12. I have checked the figures again and you are right it is £250.00 short. They have been one payment of £604.67 as the 1st payment followed by 15 payments of £454.67. A total of 16 payments. Is that not 1/3 payments or does it have to more then amount in the CCA. Can't find the Default notice. Send for a subject Access and request for DN. Not received any court order so far.
  13. Got a reply from the finance company. A copy of the CCA has been sent which looks ok. A breakdown of all the payments has also been sent. The total payable at the starting of the agreement was £22024.16 and the current balance is £14599.44. In the agreement it says £7674.72 has to been paid or 1/3 of payments then goods cannot be taken away without court order. In the letter the finance company has said the account has been passed to their legal department to begin issuing proceedings in order to secure our outstanding balance.
  14. I have property worth about £90,000 to £100,000 in current market conditions. Until last year the property was freehold. Then June last year I took a re-mortgage of £35,000 for 6 years. Instead of a normal re-mortgage I ended up somehow getting a buy-to-let mortgage. The property has always been rented out for the last few years. I started having financial difficulties at the end of last year and also the tenants moved out and property remained vacant for a few months. I kept on informing the mortgage company Cheltham & Gloucester about the situation. The monthly payment was only £577.00. As I am self-employed I was awaiting payments from suppliers and I had also found new tenants. Until end of April I was 5 payments behind. I got a letter from Solicitors on 10 May 2009 that the lender was going to appoint a receiver or unless I cleared all the arrears. I told C&G about my situation that I just required a few weeks to clear the arrears but they would not listen and said they will not stop the action until the arrears are not cleared. Last week I managed to pay 2 monthly installments. When I was making the payment I got told that an receiver has been appointed. Currently I am 4 payments behind amounting to £2300.00. Not a very large amount. Today I got the dreadful letter from Touchstones that they are the receiver on the property. I am currently only 4 payments behind and the next payment is on 23 June. My aim is to make 2 more payments this week and hopefully another 2 the following week to clear the arrears. I don't want any receiver being appointed. Can I force the the lender to take the action back when I clear my arrears or is it too late. The receiver fees £500.00 just to set everything up, 10% management fees, £125.00 an hour etc. Is day light robbery. I have been a long time Lloyds TSB customer and this is really sad the way threy threat their customers. Is there a way out after clearing the arrears. One thing for sure I won't fall behind any more payments. I was a bit naive which I have to admit. What's the way forward. Can I complain.
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