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mariadavid

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  1. Hi everyone was kind enough to help me before and i need advice again: Hi Help I hope some-one can advise me on the issue i am now having with my old yard owner who has changed the terms of the contract regarding our deposit. I could moan forever about the yard we have just moved from, but i won't we did have issues with overgazing, 1 bale between 6 large horses and 2 ponies metal sticking out of a mound on the field, baling twine and haylege wrappers all thorough mound all appearing as 1 horse keep routing through it to fine nettle roots and nearly all horses ended up with mud fever. Large nest of rats living under pallets where dungheap (apprx 13ft high) was Stables flooding 4 times and my friend had to replace all her bedding at her own expense. However it was the hay in the field that was crippling us financially. We already paid £130 D.I.Y livery we had to buy our own straw and haylege (which was fine) and then we shared a bale of hay in field this cost between 5 & 6.70 a bale and it started off every 4 days then it was every 3 days. I have a pony and the girl i moved with has a pony, the yard owner has a 17.3" and a 16.2". Guess who got chased from bale every day, we brought our in at night to ensure they had access to food and nets, again a catch 22 as our haylege costs increased. You hade to go about 3 mile on roads to find a hack and we handed our notice in and gave 5 weeks notice. My friends young horse broke a slat of the garden fence and we ppaid a fencer to come and fix this. The livery was paid to her parents and hay etc paid to the yard owner, we had paid a deposit when we arrived and as we were both really skint, i asked the yard owner if we could bet that on the 28th when we left. She said her mother had it and she would see her. The next day i received a text saying "Hello Yeah yous will get it back within 30 calender days of leaving as states in contract". We then realised she had never given us a copy of the contract, so we asked for this and she said she would send it asap. Yes, you guessed we had to get a copy from another livery and this is where it gets interesting. The contract reads "One Calender months deposit per animal must be paid on arrival at yard (or earler to secure a space), this will be reunded within one calender month of clients last day on yard subject to but not limited to the following conditions; provided all monies are up to date, no debts have been left at yard, no damage caused by client or anyone in connection with client, notice is given as per agreement or if yard is at risk of any loss or potential costs. Another part was: " This is a private yard not a commercial yard and will be ran as such (Simple yard rules will be posted in stable). Where do we stand and what do we do. We need the money and thankfully we are in an amazing yard where the farmer is more than happy to go the extra mile for his liveries. We are in Scotland.
  2. Thank you, he is such a nice person and just thought he was helping a friend out, i think we are all a bit stunned by what she has done to him as none of us seen this coming. However it will never happen again and we'll have to wait and see if a letter to them will help. Thanks for all your responses
  3. Thank you all for responding, the due diligence comment gave him some hope here is the whole situation, i'm being secretary as he is not great with computers. In September he was approached by a mutual friend, we'll call her E she had just got a new job but was needing money and had the chance of a loan but needed a home owner, she was waiting for the bank to pay out on something her mothers lawyer had set up when her mother died but it couldn't be released until docs were signed. He agreed as she had promised to repay it in full 8 weeks later. He gave her an income and expenditure and Glo phoned him to ask what type of person E was and as she had always been okay, he agreed she would pay the loan back no problem and signed a form saying he was guarantor (he doesn't have a copy of this). She got the loan in the September and Glo were continually phoning him to keep him up to date, which he got fed up with as they were saying one thing and she said something else. When he started getting default notices he pulled her up and she explained she had lost the new job and was having to set up a new repayment plan, even phoned him to say she was sitting waiting for them to call her back to go over the income and expenditure. (Very plausible) She told him that she paid the new amount at the beginning of the month and that is why he was getting automatated texts as they had started sending email. He then appraoched his money advisor who set him up on the DAS Scheme and was then informed that under no circumstances should he have passed a credit check and he couldn't add another debt to the DAS. He was told that if Glo did take him to court he could be made bankrupt by the Accountants in Bankruptcy for taking on more credit. This would mean losing his home. He then had a statement for the year and E hasn't actually paid anything apart from the 1st interest payment. The company appears to be the trading name of Provident Personal Credit ltd and as you know Provident's interest is high. The debt now stands at £1769.13. His money advisor said it might be worth him writing to them explaining even if taken to court he has no money to pay her loan AND if made bankrupt they still wouldn't get any money but she has a house that is worth between 70 and 90k and there is no mortgage on it as her mother paid it off years ago. It is the continually circles of texts, phone calls and dreading the postman arriving that is making life unbearable and he cannot see an end to this unless Glo release him as a guarantor. Anyone think he has any chance of getting Glo to do this. ps all the letters he has do not have will in them and funnily enough apart from one issued that was threatening court action and had both of them named on it. He hasn't heard anything about that since she apparently made a new payment plan with Glow but hasn't even kept to the first payment on that .
  4. Hi You guys were great giving me information a couple of years ago and i hope you can help my friend. He stupidly went as a guarantoor for his friend for a glo loan and it was supposed to be repaid in full the next month as his friend promised the money in the bank would be realeased to him and he would then pay the loan off in full. As you have probably guessed the friends money in the bank was non existant, the firend then defaulted and the guarantor who is on a DAS (like myself) didn't know he couldn't be a guarantor until he spoke to his advisor who has now told him if Glo take him to court the Accountants in bankruptcy will make him bankrupt and his home is at risk. He is totally devastated, i feel so sorry for him as i didn't know either that you couldn't be a guarantor but shouldn't this has showed up on the credit checks which their webiste says 'after they have carried out check' glo would get back to them. He has spoken to the police about the lies told by the friend but they say it is a civil matter and he has no money to pursue this. The person who took out the loan as i've since found out owes money to everyone from council tax to tv licence but they have a house which the mother left to them when she died and there is no mortgage on this. Can anyone suggest anything as i am getting really worried about my firends mental state as he has tried so hard to repay his debt and keep his house, hence the DAS arrangement and now may lose it afterall. It wouldn't help his house being sold as Glo would still not get their money as it would probably pay his own creditors. Any advice would be fantastic
  5. Hi The court order was set for £175 based on maintenance and tax credits which due to my sons age i lost 3 months later as i listened to Payplan (my debt management company) who insisted i didn't need a lawyer and the letter from them to the Judge would be enough (i believe this is the case in England), it isn't in Scotland and basically as i had no lawyer the Judge wasn't interested in what i had to say. I have never been back to court as i have no money for a lawyer and as i was working i didn't think i would qualify for civil legal aid. I explained to Anderson Stratheron and sent an Income & Expenditure showing i could pay £100 and this was accepted. Anderson Stratheron sent the Sheriff Officers as although i told them Lombard Direct to me not to even discuss my case with them and put all payments to Arden Credit Management, they didn't ask their client this until i raised a complaint about the sheriff officers and then all of a sudden i wasn't to pay Arden Credit Management but to switch back to paying Anderson Stratheron, confusing i know but what is even more confusing is that no-one will give me a breakdown of the legal costs or how they are above the £400 granted. Maria
  6. Sorry forgot to add what on earth can i do to find out what the fees are for when the court documents show they were awarded £400 court costs. I will double check with the court that what is in the documents you receive after a decree is granted against you is the whole fees due. Maria
  7. I understand fully when you say about expecting my son to remain at home but as i applied for this through a CAB money advisor, i didn't know any the ins & outs about a DAS scheme i didn't query anything with the advisor. Unfortunately my income didn't drop by 50% and as my advisor had assured me she had a DAS increased to 16 years this came as a total shock. What is so annoying about the whole thing is that i get a raise in August so the repayments would have been increased then, but thanks for your reply
  8. Hi No, the sheriff officers were only involved when Anderson Stratheron were still pushing me into paying them and not Arden Credit Management as requested by Lombard Direct. I only discovered these fees when a money advisor for CAB requested a balance for entering a DAS scheme. I did SAR them as the post below suggests and they wrote back telling me they held no information on me and i was to ask IDEM who had replaced Arden Credit Management. IDEM then sent me the same monthly statements they had been sending me only showing the debt on the loan not the interest on it applied by the court or Anderson Stratheron legal fees, when i asked Anderson for a breakdown they told me they couldn't as i wasn't their client and Lombard seem to be giving me the runaround on an explaination. I hope this helps both responses to my query
  9. Lombard Direct obtained a decree on a loan and were awarded 8% interest on the loan and £400 court costs in 2008. Anderson Strathern began collection of the debt, Lombard sent correspondence asking me to make payments to Arden Credit Management and not to deal with Anderson Strathern at all. I followed this instruction and then received email, letters threatening further action and then sheriff officers at my door re the collection, after phoning Lombard and being told they weren't discussing my case (i have the date, & time i spoke to them) and being totally freaked out that the sheriff officers were talking to my neighbours and Lombard's attitude i started paying Anderson again as it was the only way to get them off my back as apparently Lombard had given them instructions to do what they decided to debtors and made a complaint to them about the sheriff officers. They contacted Lombard and asked if this was true!! Sorry long story but i have now discovered it isn't £400 court costs but it has grown into 2.5k of legal debt, they will not give me a breakdown telling em i have to get that from Lombard as i am not their client and Lombard refer me to the debt management company IDEM who obviously have no idea of what i am asking for. What can i do and are Lombard allowed to charge me for what appears to be a contract between them and Anderson Stratheron and i am the piggie in the middle with ever accruing legal fees. I checked the court documents and it makes no mention of legal fees apart from the court costs of £400 Maria
  10. Hi The DAS scheme is still in it's infancy and is not quite what it is cracked up to be, i embarked on my DAS full of hope that this would solve the hassle from creditors and still let me pay my debts off, however after 4 months my son moved out and my income decreased by £250 a month and we applied for an adjustment unfortunately based on current income this would extend it from 5.5 years to 15 years (apparently the DAS have agreed to longer terms than mine). They received agreement from 2 of 6 creditors so whilst this would normally be accepted because it was a longer repayment term they applied the "widely" accepted rule based on less than half of your creditors responding and then applied the fair and reasonable test and apparently this was in favour of my creditors. My money advisor then wasn't allowed to amend my income and expenditure or take off a cleared debt and as i simply cannot pay 1/4 of my wages to the DAS scheme, the next step was for it to be revoked leaving me at the mercy of my creditors or appealing which you have to do through a solicitor and within 14 days of receiving the letter from the DAS administrator. I might qualify for legal aid and through cab have a solicitor who has submitted a legal aid application and served a summons on the DAS Administrator refusing the extension as it was "too long". The DAS hasn 't been revoked yet and another solicitor who collects the debt for 1 creditor had already written demanding an I & E and giving me a week to submit this! My solicitor has now written to them as apparently they are not allowed to contact me. W e apparently go to court on the 12th June but as Legal Aid takes about 8 weeks to process, we might have to ask for the court case to be put back until we receive this, i am now in limbo and the worst outcome is that the DAS scheme might give my creditors the ammo needed to bankrupt me. All because my son who is 24 has had to move out as his girlfriend is expecting a baby. I agree the DAS scheme is a welcome scheme but at present it still has major teething problems and has no bite
  11. Sorry don't follow, it was because of the fos i submitted the sar but as you seen from my attachements i didn't get anywhere but i have just emailed the Govan Law Centre in the hope they can help.
  12. Hi Hi DX The fos said they couldn't look into it as the court had made a ruling on the repayment of the monies due and the PPI was lumped in, there was no breakdown only the total amount due. They told me to get a SAR and hand the whole mess to a lawyer, which is fine if you have money for a lawyer but will try both links, thanks Maria
  13. Hi DX Copy of letter minus the address, this is a copy i had on the computer. This might be easier to read.rbssaridem.pdf
  14. Page 2 scan on previous post is what i received as well a statement, not scanned on which they give me on a regulat basis and the attached info and blank loan agreement (i completed mine online) i have left the pages with list of recipents as i am sure you will have seen one before. What can i do now? I can honestly see why people give up but the fact the ombudsman said to get the sar and hand the whole mess to a lawyer makes me believe i am being treated unfairly (i only wish i could afford a lawyer but hoping you see something in this Maria
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