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mary+

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  1. You can get a copy from the courts. If you have already sent in an I and E to the courts and have offered them £50.00 per month against the I and E then you will be paying £50.00 per month. When was this sent in. Was it 2 years ago. If you circumstances have changed you will need to send in a new I & E . If you are receiving less then offer them less.
  2. Well if you tell them about the repossession if it hasnt happened yet then they might look on it that you are struggling financially. Do an income and expenditure and show a disposable that you can afford to pay back towards your unsecured loan. Remember this is not a priorty debt your mortgage is. They will usuallly ask for this to be paid back over a short period of time e.g. 2 years. I would offer them it over 5 yrs. So divide your debt by 60. Make sure you make your disposable a little more than the amount you are going to offer to take into consideration price rises in your Mortgage repayments and food and fuel etc as you will be paying this over 5 yrs. Make sure you offer an amount that is affordable as a lender prefers that you stick to your plan rather than agree to a higher amount that you think will get you out of your situation now and then you start to struggle again. You will have to really convince the Judge that are willing to pay your debts. Tell him to give you another chance as you had a reduced income at the time you defaulted but you are getting your finances sorted out now. Bring proof of your income this will help. Hopefully this helps you
  3. Here is a template letter for you to use I sent this on behalf of one of my clients and the debt is now passed back to the original creditor MBNA Faxed **EDIT FAX NUMBER** date , 2012 Experto Credite address to be entered here FAO Activ Kapital – enter reference number here Experto Credite - enter reference number here Ref: enter your name and address and post code here In response to your letter dated , 2012 and received today , 2012 of which has been noted. Please can you validate your claim to this amount in writing by providing me with a complete and full payment history starting from the Original Creditor to date. Can you also provide me with a copy of the original agreement with my signature, with the Original Creditor to whom I had taken out the agreement with regards to the amount that you now say that I now owe. If you can’t then this debt is therefore deemed unenforceable and I would therefore ask you to refrain from any further contact or I will deem this as harassment. Please can you forward on to me all relevant information you hold on this claim. I look forward to your quick response within twelve working days from the date of this letter. I will be forwarding all complaints to OFT in regards to arrears handling. Ref **EDIT REF** your name here If you do receive a letter directly from MBNA then you can then neogiate a settlement figure. Remember the longer the debt is outstanding the more of a percentage of a settlement figure you can get. Good Luck
  4. I am sorry to tell you that unless you make a plan and keep to it with the original creditor then the charge will go a head no matter what and this will attract 8% interest every year it stays there. All unsecured debt charged on land remains there for 12 years then it comes off. You must now make a decision. If you reallly dont want this charge on land then you must make a proposal to the original creditor whom you say is Marlin. They will say that they have to run this pass their sols. If this is refused then offer the same proposal at the time of the court hearing. Only offer what you can afford. Bring someone with you for a bit of support. Is this amount £3611.69 the actual amount now owing including the court fees etc. If this is the true figure of the debt including all fees then offer them £60.20 over 60 months. The creditor will want this paid over a shorter amount of time. Tell the Judge that you will offer this amount if the order is stayed. Ask for a time order. This is what you are proposing. This way it should not go on a charge on land. Remember you will need to keep up this payment. There is no point in saying about the payment book not coming out as you could have paid this over the phone. The Judge will want to know what you are willing to pay and when. You can also offer this to the sols outside the court room before you go in. Remember also you only offer this amount if they agree to stay the charge on land. Sols have a habbit of accepting your offer but insist the charge goes ahead. Make sure that the Judge agrees to put this on Stay. You say that you are both on JSA. I feel that you are panicking regarding the charge on your house. If you have children and you are in negative equity then the judge should not force you to sell for an unsecured debt. These creditors are bullies. It is correct that the mortgage lender has to get paid first. So you have to make the decision do you go in and tell the Judge that you are both on JSA then the Judge would ask you pay what you can afford. Paying nothing would attract balliffs. Pay what you can afford. Saying you are going to pay £50 per month or more and you cannot in the long term makes it worse. A creditor would accept an affordable amount over a period of time knowing that you are going to keep to this. The sols will insist that the charge goes on land just to protect his clients interest. You are in negative equity and things are going to get worse in the benefit system come next year. Again pay a little that is affordable.
  5. Sorry to say but the charging order will still commence. It doesnt matter if you are in negative equity or in repossession proceedings any charging order will still go on no matter what. The way the creditor looks at this is that who ever gets the house they will have to run this pass him. The mortgage has first charge and they will reposses. I would therefore look at concentrating on your arrears rather than the charging order for the HP agreement. Any unsecured debt charged on land stays there for 12 years then it drops off. With the baliffs in full swing now I would protect your other belongings by offering them an affordable amount that you can afford. It is up to you what you might think is affordable . The charge on land attracts 8% interest on top whilst it remains unpaid. Whilst you are in repossession you would be best to have an income and expenditure done and present this to the court. Offer your mortgage lender the full amount of monthly payment plus an amount of the arrears. This is a priorty debt. Then after your other expenses i.e. elec gas oil food tv licence runing costs of car if you are working insurance policies then whatever is left over is disposable this is what you offer the courts as payment towards your HP agreement. The charge will still go on no matter what but this way the balliffs should stay away from the door. Do not however offer an amount that you cannot keep up. And only offer what you can afford. Bank statments might be requested and wage slips. So make sure you do your Income and expenditure correct.
  6. It looks to me as if someone is trying to access your account. Contact your bank to stop future transactions from this so called company. Tell your bank also that you did not authorise this company to take anymoney from your account. You need to do this now. If you are suffering hardship contact your local DHSS and ask them to help you. Remember to get a letter from the bank stating the transaction to prove the money going out of your account. good luck
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