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adztec77

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  1. So I have a telephone appointment at 3pm with a representative of Hamlins who are dealing with this case on behalf of Santander. I am going to ask them for a monetary figure to drop this action so I know exactly how much I am dealing with. The arrears are £3746.26 as far as I can tell from the paperwork. Is it likely I will need to pay a load of fees as well? I'll be recording the call and will tell them so. If this isn't the right thing to do let me know!! I'm also having the (probably worse) meeting this evening to explain myself to my parents and ask for help.. Glum.
  2. Thanks all for the reassurance, this has gone a long way in helping me calm down about this. I am going to start gathering as much money as I can, and meeting my father tomorrow to ask for some help. In the worst case scenario, I will have access to £2000 on 23rd April, but my aim is to try and amass £4000. What should I be doing now, should I communicate with the Solicitors acting for Santander? Should I contact Santander directly? I've had a look at the N244 form, I've looked at an example anyway, what should I put in for why I am seeking the order? My reasons are that I am seriously rubbish at keeping on top of my finances - how thorough does this need to be or is there something specific I should state? It's Monday tomorrow and I am ready to come out fighting, so please let me know what the best way forward should be and many thanks to you all for your support and reassurance, I'll do whatever it takes to resolve this. A million thank yous. PS: Bandit127: I've no doubt that is just the first of many telling offs I am going to get over this!
  3. Hi Ell-enn, thank you so much, I really appreciate it. I am going to see if I can amass £4k to cover the outstanding arrears but in the meantime, the letter I got today (12/04) is as follows: ================================ ORDER FOR POSSESSION Maidstone County Court On the 02 April 2014, District Judge Smith, at the Maidstone County Court, The Law Courts, Barker Road, Maidstone, Kent ME16 8EQ Upon hearing the solicitor for the claimant and upon [MY NAME] not attending and upon [MY WIFES NAME] not attending This order has been made on discretionary ground and the court orders that 1. The defendant give the claimant possession of [MY ADDRESS] on or before 30 April 2014 2. There be judgement for £154970.46 The court has ordered you to leave the property by the date stated in paragraph 1 above. If you do not do so the claimant can ask the court, without a further hearing, to authorise a bailiff or High Court Enforcement Officer to evict you. (In that case, you can apply to the court to stay the eviction; a judge will decide if there are grounds for doing so.) The claimant will send you a copy of the bill of costs with a notice telling you what to do if you object to this amount. If you do object, the claimant will ask the court to fix a hearing to assess the amount. Payments should be made to the claimant, not to the court. If you need more information about making payments, you should contact the claimant. If you do not pay the money owed when it is due and the claimant takes steps to enforce payment, the order will be registered in the Register of Judgements, Orders and fines. This may make it difficult for you to get credit. For further information about registration is available in a leaflet which you can get from the county court office. N26 Order for possession. ================================
  4. Hi Guys, I originally sought advice from this site about 6 years ago, suing the banks for charges and totally won which was brilliant. I'm back now, hoping some of the amazing folks on here will help me with my latest financial catastrophe. I was made redundant in 2012 with a pay-off and during 2013 while struggling to find a new job we got into some payment difficulties with our mortgage which is £790 per month. We've been in contact with the mortgage company and have paid as much as we can but there were several thousand in arrears. We made our payment in March (our normal amount) and today I started looking at mail and I have found that our bank, Santander has taken us to court and secured a repossession order. I'm so late to realise this, I have been working full time and trying to establish a part time business to earn as much money as I can, literally been killing myself with massive long hours of working, my wife is looking for work, but suffering from depression which is severely hindering her efforts and basically as we have been attacked from everywhere over debt every single day and struggling to pay stuff, we have tried to prioritise our payments but for a while there just stopped opening all these depressing envelopes - big mistake as I have just found out. The long and the short is that I have been sent a letter that says the house will be repossessed on April 30th 2014. I feel stupid and I have massively screwed up. If I throw up a red flag among my family and friends and ask for help, I am sure we can come up with the £4000 I owe to clear these arrears, my question, friends is am I too late to save my home? Is there anything I can do at this late stage? I'm so freaked out, I found out this morning and obviously I can't start making calls to try and find out what to do as it's Saturday so I am at my wits end. I have 2 children to support as well and my wife is really bad today and has been crying all day. I am severely worried about her doing something terrible. Any advice would be hugely appreciated. Thanks all.
  5. Ok all, thanks for the words of encouragement I will keep you posted. The only other action to have happened is the court returned my cheque as I had written the wrong payee on it (d'oh!). I've sent them another one. We will just be patient and wait to see our money again...
  6. Mindzai, for settlement they tick "NO" - is this a bad sign it suggest to me that they have no intention of any settlement.
  7. Ok heres the full skinny: Settlement Do you wish any further action in this claim to be postponed for one month etc etc - NO Location of Hearing Any reason why it cant be at ashford county court? - NO Track Do you agree that the small claims track is the most suitable track for the claim? - YES Experts Using an expert at the hearing? - NO NO NO NO for the rest Hearing Are there any days within the next four months when you or an expert witness will be able to attend a court hearing - YES (and then no details?!) Other Information (and this is the weird bit) The defendant intends to rely upon it's defense and the terms and conditions that govern the account. Fee Have you attached a fee - NO So, not really much of anything. Is that what most people get or is it strange?
  8. Thanks both, I guess we will wait and see what happens, I just don't want this to fall into a black hole, we desperately neeeed that money back. Is it unreasonable or considered as harrassment if we do call SC&M, they have been abundantly clear that they wont be paying this, so I am worried about calling them. How would the conversation go? "Further to case blah blah blah I was just wondering if you would like to settle out of court?" ^ is that the normal approach? As for the other threads, I have got them favourited on my PC at home (i'm at work at the mo) but I will post the links later when I get home. The guy there said that they saw the statement that they would consider settling out of court, so he rang them and said "go on then", and they did! He was amazed! He saved himself months of waiting. AdZ
  9. If only I could have similar sucess with these money-grabbing bar-stewards. They are dragging this one all the way to the courts. Well done!
  10. Hi All, My wife is taking Lloyds TSB to the cleaners over a matter of £3500 in unlawful charges. We have done everything by the book, completed Moneyclaim online and our case was passed to the court. My wife received and duly filled in her AQ (Allocation Questionnaire) and returned it to the court along with £100 (of money we can hardly afford) and we got the Allocation Questionnaire back from LloydsTSB's lawyers. Now, Further to reading other people's posts they have said that on their returned AQ, LloydsTSB lawyers state that they wish to open discussions about an out-of-court settlement, but on ours they haven't put this. All it says is that they intend to defend the case in accordance with the terms and conditions of the account etc etc. (I'll post the full wording later when I get home) I was hoping we could do what others have done and phone them directly and ask them to settle as they have stated in the AQ that they would like to do this, and other people have just phoned them and settled. As they have not stated this in our case, would it be wise to contact them in this way or do we have to wait for a court date and go and represent ourselves? I was hoping for a swifter resolution to this as we could really do with this money back, as it's lawfully ours after all and I've got baillifs to pay. Why are LloydsTSB being so mean to us, and why cant they just settle as they know we are right. Grrr etc. Any suggestions as to our next move? Should we call them or should we wait? I hear that due to overwork in the courts our case might not be heard until March next year. It just gets worse and worse, LloydsTSB is the WORST bank in the world.
  11. Hi All, This site is awesome. So far I have got my money back from HSBC (yay!) although I accepted a slightly lower offer. I need the money so its cool My wifes bank LLoydsTSB seem to want to go all the way, so we have put in a claim with MoneyClaim and thats been processed and all groovy. Now I remember reading somewhere that I need to re-send the schedule of charges onto LLoyds, is this the case? Is there a letter somewhere that I can use to include with my schedule of charges, I don't want to make a mistake and screw this up, what do I need to send the bank? Any idea on wording? Can anyone point me in the right direction? Thanks, the people behind this site, the admins and mods are all amazing, thanks so much for everything so far, if we can defeat LloydsTSB it will wipe that smug grin off their stupid faces and frankly I cant wait for the day!! Cheers all and I look forward to hearing back from you!
  12. Hi All, I sent my LBA and 12 days later I get a letter from HSBC. They have offered me £1850 when I was originally claiming £2138. Now, I am in an awkward situation money-wise and it is also quite pressing, time-wise so for me the obvious answer is to take the cash and take a £288 loss. Are there any risks in accepting an offer like this, I mean will it be held against me if I ask for fees back in the future? Or does it set a precedent that they do agree that charges are unlawful and they are actually painting me a picture (in my case) that they will also pay out for subsequent charges I may wish to claim back in years to come? Can anyone tell me the negative aspects of accepting a lesser claim, I know it is the principle of the point that I should reject this, yet in my head I am saying I should take the money and run. Anyone care to comment? I'd really appreciate it, I have 7 days to say if I want to take the offer. Thanks.
  13. Yeah will do, its just this interest thing, I have having trouble figuring out which overdraft interest charges to factor in with the claim.
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