Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Big Dan

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    50

  • Joined

  • Last visited

 Content Type 

Everything posted by Big Dan

  1. Big Dan
    I shall now demonstrate why people hold Link in the regard that they do, We have already tried offering a settlement figure and in February when we were thinking about our remortgage they offered to settle for £11500, or thereabouts. However now they know we are remortgaging, having been contacted by our solicitors and that we cannot proceed without them removing the charge "company policy" is to demand the FULL amount effectively blackmailing us into paying the judgement amount and the interest.
  2. Big Dan
    So if we pay the amount stated on the charging order £6895 (or whatever) are they then obliged to remove the charge from our property or can they refuse until we have paid the interest as well?
  3. Big Dan
    Here's the claim form...... linkclaimedited.pdf
  4. Big Dan
    What can we do to get it removed then? They have us over a barrel and they know it as we can't remortgage until the charges are cleared.
  5. Big Dan
    Back (unsigned) page, the very last sentence....
  6. Big Dan
    Hopefully you can see these. Front page we were asked to sign but back page we have never signed and were not shown. As a further issue i've noticed we have received 2 different letters from them over the years but on the 'statement of account' there is information missing which i believe they should provide for it to be binding I have also read somewhere that there is a paragraph which should also be included in the statement, about being able to go back to court, which is missing also? geedited.pdf gebacpage.pdf link1edited.pdf link2edited.pdf
  7. Big Dan
    Thanks Andy, I still haven't managed to dig out out paperwork yet due ton the house being upside down but I have a query? As the original judgement was for £6500 is this all we have to pay to remove the second charge or can Link refuse to remove the charge until we have paid both the judgement amount AND the interest??
  8. Big Dan
    I'll try and scan everything tomorrow, whichay give you a better idea of ifthey are chancing their luck.
  9. Big Dan
    Unfortunately I believe the original court papers did reserve the right to charge interest and they appear to have been sending a statement every 6 month too. I just dont think they should have been allowed to charge interest on a debt we were already struggling to pay which I stated in correspondence to the court at the time of the case but seems to have been ignored. Can anyone suggest where I might get legal advice about these charges/debts that won't cost the earth??
  10. Big Dan
    We have 2 charging orders on our property which we are currently trying to sort out so that we can remortgage but the charge holders are trying to rob us blind (in our opinion). Both CCJ's/Charging order were granted whilst we were having temporary financial problems due to the collapse of my business at the time and as a result I suffered badly with depression etc so we did not do alot to defend the court action. 1st charging order is with Link Financial who purchased a GE Money loan £6549r. After assignment of the debt we received one call from link asking for full payment which we could not afford at the time (obviously) but we offered to make a token monthly payment of £20 until we were in a better position to which the caller replied "court papers will be in the post". Subsequently a CCJ, Interim Charging Order, Final Charging Order and permission to charge 23% interest on the debt were obtained by them despite us sending correspondence to the court to attempt to fight this and advising we had not refused to pay at each stage. The debt according to LINK is now £13789 which is about £6000 too much in our opinion and should never have been inflated as much as it has. 2nd Charging Order - From an estate agent. We agreed to sell our property via an estate agent and during the consultation advised we did not want to pay more than 1% as we had been quoted by a competitor, however on signing the paperwork it was written out as a fixed fee agreement meaning we paid over our agreed 1% when the property was sold for less than the asking price. A cheque was sent to the agent advising of the above for the full 1% commission but they refused this and returned the cheque taking us to court at the same time as above when we were on our bums They got a charging order for £3045 and have today sent a request for £5128 £3045 + £1929 interest(?) and £153 Final charging order costs? I don't even think we should be paying the full £3045 let alone interest and costs on top. Any advise on what we can do and if we pay the debts off to get the mortgage through can we still reclaim any overpayments or are we accepting the debt if paid in full?
  11. Big Dan
    Will get them scanned tomorrow night.
  12. Big Dan
    I have numerous problems with it but how helpful any of them are is questionable firstly there is how we were sold the loan. Then how GE refused to help us when we got into trouble before harassing us on the phone almost daily and then adding loads of charges. Then how they sold the debt despite refusing to help us to Link Financial. Then Link refusing to help us, accept any payment or stave of court proceedings while we got ourselves together. The court for allowing Link to get CCJ, and then Charging Order on our property before then allowing them to charge interest on the "debt" and doubling the amount we owed. And now that the debt is attached to our property preventing us from refinancing as they wont accept any reasonable offer of settlement. Apart from that not much ;-)
  13. Big Dan
    Hi, We are just going over our finances as we approach the end of a bankruptcy and have had a bit of a shock whilst looking over a contract we had with GE Money. Both myself and my wife were under the impression that we had signed up for 0% finance but from the contract it appears in fact that we were charged 23.1%!!! However we have several other issues with the loan and how it was sold. Firstly shortly after moving to our address we were door knocked by a Safetyle salesman and very naively during what was meant to just be a quotation we were railroaded into signing up for new windows and doors as they had an offer running which ended within days (Yes i know now). Secondly we were told that the whole amount including interest would be £8000 or so as per the paper work we were shown which states Total Cost...... Thirdly the paperwork we have has not been signed by the salesman or anyone from GE so this leads me to question whether the loan is enfoceable at all. We have several other issues with GE following a period of financial difficulty during which they applied numerous charges and then sold the debt to a collection agency but would be interested to have thought on the actual contract this is all based on. I've attached scans of the paperwork. Thanks Dan Try these docs1.pdf
  14. Big Dan
    Hi Andy, Particulars of claim attached and do state that they reserve the right to charge post judgement interest but we have several letters (a copy ofone i have attached) which state "We will not ask you to pay any more than the amount you would have paid if you had continued to pay your account as per the original terms of the agreement" This would be £8000 or so. Dan
  15. Big Dan
    Hi Andy, I have scraped the majority of the paperwork together now so will try and get it all scanned on over the next few days........ Dan
  16. Big Dan
    Hi All, After the collapse of my business when the credit crunch hit we were declared bankrupt about 2 years ago (and discharged a year ago). During our money troubles I went to pot and couldn't deal with anything properly which has resulted in two of our unsecured lenders securing what we owed as second charges against our property. The worst behaved of the creditors will probably not be a surprise, Link Financial. When Link took over the debt we received one call from them which went like this ..... LINK: You owe us £6800 how are you going to pay? ME: We don't have £6800 as we are having financial difficulties but I can make a token payment? LINK: We will have to take you to court then. Paperwork will be in the post. True to their word the court papers arrived and were filed at court as part of the process I sent a statement to the court advising that we had never refused to pay but were having financial difficulties as well as suffering from depression and would be will to make whatever payments we could towards it. I'm still unsure why but the long and short of it is that the court awarded a CCJ, then secured the debt against our property THEN gave them the go ahead to charge us 24% interest on top of a debt we already couldn't afford????????? The debt has now increased by another £10k but we would like to get straight wondered what if anything we can do to return the debt to somewhere near it original amount?
  17. Big Dan
    No because they managed to get a charging order so it was secured to the house Hi Andy, I will dig out all the paperwork i have so far and get it scanned on. While i'm at it I will SAR GE Money and Link as I'm sure this info will show they have not acted reasonably.
  18. Big Dan
    After going bankrupt this is now back on with Link Financial as they have recently sent us a letter saying they will look at other ways of enforcing the judgement they have against us and the debt that they have successfully second charged to our house. They are still adding 21.3% interest to the loan on a monthly basis which means the amount "owed" is now double the what we agreed when we took out the agreement and rising. We have no equity in our house and if Link carry on the way they are we will never have any as the value of our home will never raise 21.3% Per Annum to match their rates. Any suggestions on how i should tackle this greatly welcomed and lets see how we get on???
  19. Big Dan
    Quite a specialist question but I'll take my chance as I need an answer. I have recently been discharged from bankruptcy but prior to filing for bankruptcy one of our creditors took a 2nd charge on our home. There is no equity in the property and I am considering applying to have the order set aside. However what I'd like to know is..... if or when I am successful in having the order removed from our property whether I could then ask that the insolvency service then include this in my bankruptcy thereby writing it off with the rest of my debts?
  20. Big Dan
    How did you get on Donein?
  21. Big Dan
    Hi All, We have just been declared bankrupt but it has come to light that one of our creditors has a final charge on our property. I knew it had gone through court but at the time was i was in no fit state mentally to deal with it properly. I wrote to the court at the time to say that we were in the process of entering into an IVA (so were insolvent) and that if the charge was granted it would prejudice the position of our other creditors but was unable to attend the hearing and the final charge was granted in my absence. However no meeting of our creditors took place and I'm under the impression the first and second charges should never have been granted? Am I right and is there anyway to get these reversed now they've been granted? Can the official receiver request this? Thanks
  22. Big Dan
    So it seems we are well and truly stuffed as different advice from everyone we have spoken to. Nobody seems to have a definite answer as to what the rules and laws are surrounding bailiffs so we are stuck between a rock and a hard place either continue to refuse to pay and risk loosing our car if they are in the right our car or pay the £250 they now say we owe which we sorely cannot afford and lose out to their bullying tactics???
  23. Big Dan
    Thanks all have requested, amongst other things, a breakdown from the bailiffs and as this is an ongoing complaint hit them with all barrels regarding the conduct I do not agree with and made several requests for info such as a copy of liability order etc etc. Just to ensure this is not ignored I have forwarded the email onto the Local Government Ombudsman, The Council (or Liberata who deal with the council tax) and our local councillor to see if I can get anywhere. Next stop the local paper.................?
  24. Big Dan
    Is there anyway I can check the status of the liability order against me as I am under the impression that if this has been marked as paid the bailiffs have no legal right to use it to attempt to recover their fees?
  25. Big Dan
    Do Liability Orders/Distress Warrants generally cover for bailiffs fees of just the debt itself???

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...