Help!!!! I have received copy witness statement from DG solicitors for the hearing tomorrow. In a nutshell they are saying that beacuase we have a Tomlin Order the mortgage no longer exists and the Tomlin Order governs the liability. This means that they have a right to repossession and that our application should be refused. Anyone out there with some legal assistance!!! getting very very worried!!!

Hi yes we were both named in the judgement. Have file papers at court today. Hearing is 2pm wednesday. I added a paragraph stating we have been communicating with DG since January to settle but have had no reply! Had to put that one in. Fingers and toes crossed for wednesday!! Thanks for help so far!

Have just arrived in Northampton 12.15am after 11 hour drive from NE scotland Whew!! I will be sorting paperwork to take to court early in the morning. I have just noticed, however, that the eviction notice is only addressed to my husband ? I am not mentioned although the house is in joint names and so is the mortgage? Is this a technical issue i can also add to my armoury? Thanks if anyone can help with this.

Many thanks for replying. We are very worried about all of this. Logic says that we have made every effort to sort this out and we have been treated very unfairly by DG. Having read some stories we are still worried that we may get an un-symathetic judge. Anyhow we will give it our best shot. Thanks X20 for putting our mind at rest and replying was getting a bit jittery. When I phoned the court on Friday they said if we get papers in Monday we will get to see a judge Wednesday. They have repossession hearings once a week so if all goes badly we still have some time. I will put papers together tomorrow night once we have arrived in northampton ready to take to court Monday Morning. Fingers crossed. If anyone has any tips on how to behave in front of a judge let me know!

Hi I need help with the n244 which has to be in with the court on MONDAY. I am travelling all day tomorrow from Scotland to Northampton and need to file papers Monday at Wellingborough court so we can have the hearing on wednesday.I will not have access to internet 10am - 11pm tomorrow. As explained we have an eviction date and we we very very scared we will loose our home. DG solicitors have ignored all attempts to agree a settlement and we have written to them every month since January by recorded delivery enclosing payments and offering settlement, and not once have they had the courtesy to reply! As mentioned previously we agreed to a Tomlin order as we were going to re-mortgage and pay off HSBC .The Tomlin order was filed November 07 after the repossession order was granted in August 07. Due to credit crunch we have not been able to get a mortgage and contacted DG in December 07 to let them know that and offer an alternative arrangement. The deadline for the Tomlin order was 15th December. From then t'ill now we have paid mortgage in full plus £500 towards arrears. We are blessed to be in full time work and can afford to pay this ongoing. DG state they are going after repossession on the back of the order granted in August 07.

Hi I drafted and posted the letter asking for consideration to be given to our proposal but no reply. I have now had an eviction date help!! date is 25th Sept. I have spoken to the court and they can get me a hearing with a judge on wednesday provided i get papers to them monday. Thanks

Thanks Ellen I have drafted letter today and will post special delivery. I called the solicitors office and he is on leave until Friday so not sure if they have instructed court to do anything as yet.

Ellen Many thanks for re-assurance. Would it be worth applying for the possession order to be suspended anyhow or is it better to react to whatever they do first?

Ellen. I am not in scotland I am in Northampton need to change profile.. sorry forgot about it.

Many thanks for quick response. 1. The Tomlin order was registered with the Court Nov. 07 after possession order granted in Aug. 07.The two were separate events although linked. 2. Yes the date has passed which was December 07 and some payments have been made against some of the other unsecured debt. But as detailed we did contact them to let them know of change of circumstances in Dec 07. 3. I do not have the order with me as my files are elsewhere, but belive it was in the body of the order. 4. There were no provisions as I can recall. DG seem to be just focused on the repossession but as we have demonstrated that we can pay the mortgage plus amount towards arrears will that not have a bearing? Hope this is clear and appreciate support. We are terrified we will lose our home after getting almost back on our feet and re-starting payments etc.

Hi Have received help previously from other forums and now need help here if possible. Fantastic site and do not know what we would have done without support. I will not go into war and peace but we have a number of debts we are trying to resolve with HSBC one is our mortgage arrears and the others are 2 unsecured loans all much smaller. The mortgage arrears were around £16k in 2007 and HSBC obtained a possession order. We did agree at that time (Nov.07) to try and re-mortgage to repay the arrears and other debt and signed a Tomlin order in good faith to achieve this. Due to new climate that has not been possible and we wrote to DG Solicitors in December 2007 to advise of this. DG solicitors were handling the case but the person we were dealing with left the firm suddenly in January. We have written to DG several times since then to try and agree a revised payment proposal. They have never replied apart from chasing the Tomlin order in May with no reference to any of our correspondence. All our letters to DG were sent by special delivery and up until last month we enclosed our regular mortgage payment plus an areears payment of £500 all of which have been cashed. Since February we have been subsequently been paying our full mortgage plus £500 per month towards arrears with September being paid this week ,that will make 9 full payments. Today we received a letter from DG stating they have received instructions to enforce the possession order due to the failure to make the payments of the original order.It then goes on to say that the property needs to be vacated. Please advise what steps we need to take. They have not again mentioned our correspondence , the payments we have made etc. A bit worried to say the least!!

Received a statutory demand from Capquest relating to an old egg credit card debt I thought was paid off when living in England in 2005. Demand was sent to old address and was handed to me on 12th August by a friend visiting on holiday who was passed the document by current occupiers of old house. I sent Capquest CCA and they returned what appears to be the Egg card agreement but there are only two documents: 1 which says it is Egg Card Agreement but no signature on it. 2. Shows a statement mentioning my rights plus details on Loss or misuse of card. There is also a box with my signature on it dated 1/5/03 which states it is regulated by the consumer credt act 1974. Egg also have signed second document dated 29/4/03. There are no page numbers so do not know if this is full doc. I have disputed debt with them for now but need to know if this is an enforceable document , also need to know if they can issue a demand as I have never had any communication from them before and I do not know or have any correspondence that they own the debt anyhow.I have been domiciled in Scotland since August 2006. Capquest have put file on hold until, 23rd August so need to go back to them with some reply. Could do with some advice.

Sorry Rory, one other thing, we had already cca'd them with no reply, but in their witness statement they supplied a statement of account. We dispute now the balance as there are 'charges' on there which are unexplained etc. So in summary to you think we have grounds to have set aside due to: 1. Domiciled in scotland at time of claim issued therfore service of documents irrelevant 2. Claim legally incompetent 3. Non service of documents from court 4. Unabe to defend ourselves on original claim 5. Claim amount now in dispute 5. Evidence of grounds to defend Thanks again for your help with this. I just need to get it all clear in my head.

Hi Rory, proof of sale of english property has already been supplied and has been acknowledged, however it was sold after we moved as it was kept a while after for investment puposes. They tried to obtain charging order but had to withdraw once they found out it is now sold. I have read the article you provided which looks conclusive.Should I post this to claimant & court or just refer to it at the hearing on tuesday? The court has ordered a telephone conference hearing due to the fact court is in Cardiff and we are in NE Scotland! I am also epileptic and the travelling would do me no good at all not to mention the cost! I have also downloaded an article from the Home office regarding how they establish people re-domicile by choice etc. which was useful and the purchase of a permenant residence is pretty key. What was also interesting is that it states you can be resident in more than one country but only domicile in once. This may be useful if they claim we still had house in England and was still on electoral role .We also have our own business there (we have a small holiday let business on the coast). Thanks for your time on helping us with this. What do you think?

Hi Rory, proof of sale of english property has already been supplied and has been acknowledged, however it was sold after we moved as it was kept a while after for investment puposes. They tried to obtain charging order but had to withdraw once they found out it is now sold. I have read the article you provided which looks conclusive.Should I post this to claimant & court or just refer to it at the hearing on tuesday? The court has ordered a telephone conference hearing due to the fact court is in Cardiff and we are in NE Scotland! I am also epileptic and the travelling would do me no good at all not to mention the cost! I have also downloaded an article from the Home office regarding how they establish people re-domicile by choice etc. which was useful and the purchase of a permenant residence is pretty key. What was also interesting is that it states you can be resident in more than one country but only domicile in once. This may be useful if they claim we still had house in England and was still on electoral role .We also have our own business there (we have a small holiday let business on the coast). Thanks for your time on helping us with this. What do you think?

Haggis, many thanks for your time, much appreciated. I will correspond with Rory on this one.

Hello Rory, thought this might be the case and maybe our salvation, but unsure how a judge would react and how to present it. We have sent in copies of utility bills to prove address in scotland after august 2006 plus proof of purchase of our home in scotland by way of copies of correspondence from our solicitor confirming the deal was done. As financial institutions ask for utilities as proof or residency this must be cast iron evidence of our residential status? However, In their witness statement they say 'The claimant is not able to provide meaningful representations regarding the defendants statement - but it is of course for the defendants to prove to the satisfaction of the court'. This sentence relates to our set aside request partly based on the fact we moved from the served address in 2006. We were still on the voters role for 2006/7, which we were not aware of, which they have also jumped on. Further advice would be helpful in preparations for Tuesday. many thanks

Hi haggis, the personal info is no longer valid so that is ok, I was wondering about jurisdiction. I was a little unsure of position if we had the agreement in England originally. I have submitted proof that we bought our house in august 2006 in scotland and have sent copies of utility bills, council tax bill etc. to demonstrate we were living in Scotland after Aug 2006. I am thinking this argument may stand up as normal financial institution accepts proof of residence by way of utility bill? They have had that so we have delivered proof and therefore proven we were domilciled in Scotland prior to action being taken. Any advice on this matter?

see cca can someone check it for me. Please note this is their copy with the original signatures. We did not get a copy of the version signed by them and did not receive cancellation details via post although they claim to have sent it on 19th sept 03. No proof provided of postage.

Hi, briefly had finance through First National in sept 03. thought we have paid it off. Last correspondence from First was 2004 moved to Scotland august 2006. Found out debt sold to Link asset in Aug 07 they aquired CCJ in Jan 08 via Cardiff CC all documentation went to old address in england and we were not aware. Attempting to get set aside. When we found out sent cca request no reply, however copy now sent as part of their witness statement together with assignment letter copies. Where do we stand in english/scottish law? Set aside hearing on tuesday 20th may so short of time..sorry but my mother has been taken ill which was given priority over last week or so.

Thanks, yes we did receive a copy of the default notice in the witness statement stuff they sent to us.

Sorry for war and peace! I am currently trying to have set aside a ccj granted in january 08, all details by the court and claimant were sent to an address we moved from in August 2006 when we moved to Scotland. We discovered judgement when applying for credit recently in January. We did not recognise the claimant so did not know what is was for. We contacted claimant, after contacting the court, with CCA request but did not get any response. We did not receive any default notices or correspondence which were sent by Asset Link Finance having bought the debt from First National since issued August 2007. We only had post re-directed for 6 months after we moved and their action started 12 months after we moved. We applied for a set aside as we did not know what is was for and had no reply from the claimant. We had a court date in April which was adjoured for both parties to issue witness statements, new hearing is next Tuesday 20th May vi teleconference as the court hearing is in Cardiff and we live in Scotland! I know I should have asked for help earlier but my mother has been seriously ill and I did not put this top of my agenda until now...anyhow.. We have received their pack which now includes a copy of the agreement signed and dated by us on 12/9/03, signed and dated by them on 19/9/03, which to be honest looks in order. We have only now found out that is is a First National debt which we thought had been cleared. We did have a copy of the agreement but never received one signed by them. We only had a copy we signed at the time of requesting the finance. We also never received rights to cancel which on the agreement state would be posted. Not sure if this is key. We have asked for set aside on the grounds we had no details of what it was, did not recognise the claimant, had no default letters served on us, no court documents received, and had not received copy of CCA despite asking. We were domiciled in Scotland prior to their claim being submitted. In their witness statement they claim that defaults, notice of assignment, were posted from their office and they do not have to prove it was sent/served and that service was regular under section 176(2) cca ACT 1974 they quote case law Lombard North Central v Power-Hines (1995) CCLR 24, (1994) CLY 501 (CC). They have sent us a statement of account which also contains some 'charges' of £30 & £50 totalling £785 with no details of what they are for which we obviously dispute. The hearing on tuesday is to hear our request to set aside. would appreciate some help on what our best tactic should be. We accept we owe something and would like to get a loan to repay but with a CCJ is proving impossible in current climate. If we could get it set aside we maybe able to pay the balance off. any ideas?

Hi, We have been threatened with possession and have an order granted. The lender is HSBC and we want to re-mortgage as part of their agreement not to enforce the possession order. The problem is although we now have good income, historically we have struggled badly, still have some debt, and have bad credit history. Can anyone help with a good broker we are looking for 80% - 90% mortgage. many thanks

Help this is a long one! My son is 20 years old and lived with his Dad (we divorced many years ago) who had a tenancy agreement for the house where they lived. He got cancer and died suddenly on 28th June. My son is devastated but wanted to stay at the house. The agent had already given them 2 months notice to quite just before he died and held off action due to circumstances. They were planning to move house and there were no real disputes. We are now buying my son a flat and hope to complete by 31st August. Unfortunatley my son is not very tidy! and had a period where, now living on his own, he had many friends round just after his Dad passed away which caused a few complaints but nothing major.The landlady lives next door and naturally was concerned about things and the commings and goings of his friends. Whilst I appreciate the landlords nervousness, I spoke to her yesterday and explained what was happening, we are only talking 2 weeks and he will be moving anyhow. Also given the personal circumstances i cannot believe their actions! I could do with some help! We told the letting agent he was moving last month just after the funeral and told them approx 31st August is when he would probably be moving out.They did not have aproblem at that time. My son has just spent a couple of weeks with me, his mum, in scotland and whilst he was away the letting agent carried out an inspection. They did not like what they saw and have sent me an email to-day stating they want him out next tuesday and have arranged for a lock smith to come round and change the locks! They made reference to the state of the house ( we know there are some small repairs to be done but most is superficial) we have already told them he is probably moving out on 24th and the next week we intend to clean up do any repairs and hand back keys on 1st September. we have paid rent in full on time up to 31st August. Where do we stand? I have not told my son anything as he is already fragile at the moment. I am pinging back and forthe bewtween my home in Scotland and my son who is in Milton Keynes.

Hello, guess what received letter from Connaught stating my file had been closed and returned to 1st Credit!!! Heard that before!! I guess I should just wait to hear from 1st Credit? or should I re-send CCA to them? I will also take advice and report them to trading standards etc.