Dear all First of all I've got to say thank you to those who helped and supported me with a recent mortgage/repossession crisis [which thankfully I was able to resolve]. I assure you all that the minute I'm in a position to make a contribution to this forum [in a financial sense] as an expression of my gratitude I will be doing so! Anyway, on to my latest drama! I've already seen similar posts which reflect identical correspondence from Westminsters et al so I won't repeat the contents verbatim. In summary, I have 2 Amex credit cards with outstanding balances of £7,447 and £5,144. Until my recent mortgage problems [basically Lloyds TSB cancelled a £10,000 overdraft facility without warning] regular payments were being made to both of these accounts. I've received 2 letters [the first dated 11th September and the other dated 8th October]. The first is what would appear to be their standard 'NOTICE BEFORE LEGAL PROCEEDINGS' document which advises me to contact RMA directly, informs me that there will be no further warning and then goes on to indicate the possibility of an 'attachment order on my salary', 'warrant of execution' and 'charging order or bankruptcy'. The most recent correspondence [WITHOUT PREDJUDICE] informs me that unless £12,592.01 is paid by 4.00pm on MOnday 27th October 2008 bankpruptcy proceedings will be initiated on Tuesday 28th October. They continue to 'urge me to take the opportunity to resolve this issue amicably by forwarding said payment by return'. Interestingly, this letter even provides the name of Steven Wilkinson [Litigation Executive - despite having worked in the legal industry for a few years not a position I'm familiar with]. Obviously I've derived a degree of reassurance from the many posts regarding similar circumstances. Nonetheless, I would appreciate any advice in respect of what I should do by way of response. Whilst I feel sure that these organisations are not exactly representative of honesty or adhere to due process the threat of bankruptcy proceedings is clearly something of a concern. Sorry to ramble on. Any help would be greatly appreciated. Kind Regards Bluebell22 [Dean]

Hi Ell-enn Thanks for the advice you generously provided recently. I spoke with Lloyds TSB and indicated that I would be paying the arrears in full prior to October 6th [the appointed court date]. I was informed that the arrears had been increased from the original £7921 by an additional £1305 [which makes sense in so far as the amount represents the September payment which was not collected]. Unfortunately, business has not been as I had hoped. I intend to pay £5000 of the arrears on Monday 29th September [i have the cash now]. Bearing in mind that the court date is one week from that date what are my options. It is probable that, following an average week's trading, I will be able to clear the original amount [as stated in the court documents] on the date of the court hearing. I would be grateful for any guidance with respect to the following: Whilst I accept the validity of the additional £1305 relating to the September payment is this amount relevant to the hearing as it is not stated in the formal documents? Should I have to attend the hearing would the claimant [Lloyds TSB] raise this additional item and thereby worsen my predicament If I do pay the entire [original] arrears by/on the 6th Oct I presume I will need to attend as there won't have been sufficient time to confirm payment and cancel the hearing. Therefore, if there is an outstanding balance [from this week] that I intend to pay on Monday 6th should I take that in cash with me to the hearing? Finally, and I apologise for rambling, if the worse case scenario occurs and having paid £5000 this Monday I am unable to clear the balance on or before the 6th October is it likely that my home will be repossessed or, as I hope, would the fact that I have made the OCtober payment [having setup a new DD which commences on the 1st October] as well as having paid a substantial portion of the arrears [£5000] strengthen my position / improve my odds [as it were]? Many thanks Dean [bluebell22]

Please help Despite the existence of an agreed lease my landlord/managing agent has unilaterally changed the terms of my lease. I have communicated [verbally and in writing] my issues but am being threatened with court action/bailiffs/changing of locks etc. Essentially there are 2 issues. Contrary to the terms of the lease I have received a demand for 30.49% of the total ‘estimated’ annual service charge [which includes unspecified management fees of almost 50% of the annual budget]. My lease states I am responsible for 24% of relevant costs. The building is ‘mixed-use’ and I’ve been informed that the landlord decided to split the assessments pertaining to commercial/residential premises thereby increasing my % obligation. Similarly the landlord has changed the way in which building insurance premiums are calculated resulting in a net increase for myself of over £1600 per annum My concerns/issues are therefore: Is my landlord legally entitled to unilaterally change the terms of an agreed lease? Whilst the matter is clearly in dispute is my landlord entitled to take draconian action such as the aforementioned court action/bailiffs etc? Finally, if I may, one last question. Over the last 3 years I’ve lost considerable income as a result of a leaking roof. Remedial work has taken absurd lengths of time to occur and when I’ve raised the issue of compensation I’ve been instructed to claim again my own policy [with the obvious penalties]. As a tenant is it true [as it would appear] that I have almost no rights whatsoever? Any advice would be hugely appreciated. Thanks

I explained that I had been under enormous pressure with business issues [that also affected my health - mental and physical] and had been paying the minimum amount required into my personal account each month to cover my mortgage and other costs. Unfortunately I hadn't realised that my bank had cancelled my overdraft. This meant that although I was paying enough into the account what actually happened is that my overdraft is now clear my monthly commitments have not been met for 4 months. Should they attempt to collect the payment due on September 1st it would actually be paid. I accepted that I should have been more diligent in terms of my personal correspondence but assured the court/the bank that the arrears would be cleared immediately and that no further issues with respect to mortgage payments would occur.

Hi Ell-enn Thanks for your help. I actually filed my reply to the claim online as the form indicated that it had to be returned within 14 days of the date on the letter. That said, I am apparently allowed to withdraw the claim and re-submit [although you probably know better than I]. Having gone though everything I am certain that I am able to clear the [almost] £8k arrears before the scheduled hearing date on October 6th. Should I contact LLoyds TSB or their solicitors to arrange to do this and request that the hearing is cancelled [if possible]? I was hoping to pay £2700 [appr] to Lloyds on Sept 1st, 8th and 15th thereby clearing the arrears with plenty of time. I am also expecting to need to pay the September payment of £1300 but am not sure if this is still applicable until such time as they agree to accepting my repayment of the arrears and [hopefully] receive their formal assurance that the possession will not proceed. Also, having had this rather large shock I am determined to deal with the other issues [Am Ex etc] that have arisen since April 2008. Is the best way to address their concerns to offer [in writing] a guaranteed payment each month? [The plan is £750 to Amex, £650 to Morgan Stanley and £750 to Lloyds TSB - Mastercard]. I also want to cancel the PPI cover that is in place for each of the four accounts [2 x Amex] which cost in the region of £200 per month. This payment plan means that all my costs [including the mortgage] are covered each month and the entire balance for the cards would be cleared within 10-12 months]. I hope that all makes sense. Many thanks

Hi Saintly_1 and thanks so much for taking the time to reply. I recognise both the last minute nature of my request along with my abject stupidity [at the risk of making excuses my wife and I have endured almost 3 years of relentless pressure whilst working as hard as possible to make things work and frankly I'm just 'done in' and almost feel like giving up - I'm even boring the Samaritans] but, nonetheless, really would be very grateful for any guidance. Many thanks

Hi all First of all I'd like to say what an incredible resource this forum is-regardless of the outcome of my particular crisis I think those who so generously offer their expertise and advice are wonderful people. Anyway, on with the depressing stuff [and please forgive me if I'm long-winded with my explanations]. Until 3 years ago I had no debt and a healthy income. Since then my business, and that of my wife, has experienced some major challenges [not least due to inadequate accountants and draconian VAT surcharges and bank charges]. The extended period of relentless pressure and stress led to ill-health and, stupidly, a tendency to focus on making the business work whilst ignoring everything else - mainly manifest through a fear of opening post or answering the phone [causing more problems that it avoided]. One of the major items I hid from earlier this year was notification from Lloyds TSB that they were reducing my OD limit from £9700 to £500. Since April I've been depositing just over £3000 in order to provide sufficient funds to meet my commitments and remain withing the OD limit. Late last evening for no reason at all I happened to open just 1 of literally dozens of envelopes only to find a 'Claim fo possession of property' from Manchester County Court on behalf of Lloyds TSB in the amount of £7927.15 with respect to mortgage arrears accruing since April of this year[whilst I carried on in blissful ignorance]. I recognise my stupidity but at the same time am proud to say I've never failed to honour a debt. The hearing is set for October 6th. I am able and willing to pay the full amount [of arrears] prior to that date but am still concerned [terrified actually] that doing so won't make any difference and I will still lose my home. Furthermore, I've totally cleared my overdraft which now means my monthly £3k+ deposits are more than adequate to meet all my commitments [including the mortgage]. Unfortunately my response must be lodged today [guess I got a little lucky in opening the letter at all] and I've just saved a draft using my allocated login. I would be enormously grateful to anybody out there who can offer some advice and/or better still, allay my main worry. Sincere thanks