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hi i need some urgent help and advice pls due to be evicted

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  • helmsman
    replied
    Re: hi i need some urgent help and advice pls

    Hi Everyone,
    Just catching up well done Jimmy hope everything goes well, well done Plan B well deserved praise and I know you will be a great asset as usual all the best from me too,

    Leave a comment:


  • transformer999
    replied
    Re: hi i need some urgent help and advice pls

    Sound information from PlanB as always , and I agree with her jimmyq...and you need to gather all the info she has said above before we can help with any letter writing.

    Once you have gathered all this info it will be easier for the CAB to help you properly.

    Leave a comment:


  • PlanB
    replied
    Re: hi i need some urgent help and advice pls

    I think the letter writing can wait a couple of days until you've done your research first so you know what to ask and who you should be asking. Can you post up the background based on the papers you've got, and then you'll be approaching Harpmanor and/or the broker to fill in the blanks. You can then draft a letter (with our help) to take to the CAB to start the process of claiming back any overcharges or unfair charges etc.

    The priority is to go back to the CAB (if that's been agreed) on Monday with evidence from the bank that the arrears have been paid so the application to cancel the possession order and the Eviction Warrant can be made as a matter of urgency. Check whether you are exempt from the the court fee because you are in receipt of WTC. Find out how you can also inform the Warrant Office at the court so that they don't automatically send out bailiffs on Thursday in ignorance of your application and the arrears clearance.

    It would help if your post shows a history of events (the CAB will need to know this too) such as:

    Lender: Harpmanor

    Broker: who sold you the loan? Crystal Mortgages

    Loan amount at start: £100k?

    Amount so far paid back: £140k?

    Interest rate at start:

    Interest rate changes since start with dates:

    Court action: date possession order and dates of all the Eviction Warrants since

    Is the loan in joint names with your wife: Yes

    Were you both working when you took out the loan:



    That should take care of your day off work today
    Last edited by PlanB; 23 September 2012, 10:08. Reason: added one more thing to the list

    Leave a comment:


  • jimmyq
    replied
    Re: hi i need some urgent help and advice pls

    Originally posted by transformer999 View Post
    Hi jimmy I am going to bit a bit busy most of the day...but hopefully later on this afternoon and evening I will try my best to post up some good bullet points...lord knows I have enough ....anyone else want to add then that will be great....so please hang in there....

    hi thanks for this i have a day off tommorow and would like to write all the letters etc tommorow so if you can get everything together for me please it will be appreciated

    thanks

    Leave a comment:


  • transformer999
    replied
    Re: hi i need some urgent help and advice pls

    Hi jimmy I am going to bit a bit busy most of the day...but hopefully later on this afternoon and evening I will try my best to post up some good bullet points...lord knows I have enough ....anyone else want to add then that will be great....so please hang in there....

    Leave a comment:


  • Spent2much
    replied
    Re: hi i need some urgent help and advice pls

    Originally posted by jimmyq View Post
    the figures dont add up anyone got a calculator? see what the total comes to its definately not £91,210.62 they have messed up on the "so called admin costs"


    anyhow can everyone start giving me some bullet points for me to write to harpmanor regarding the charges and interest etc need to get some ideas together ready for monday/tuesday once i get the arrears cleared i want to be sending both the broker and harpmanor letters

    harpmanor

    * ive recieved several letters from monarch Did Monarch Recoveries Limited have their own staff and employees to carry Debt Collecting Activities on behalf of the Claimant, or was the Claimant using their own staff pretending to be employees of Monarch Recoveries Ltd.

    *What term or condition in the agreement states that the Claimant is entitled to charge £35 a letter and £35 phone call.

    (copied from transformers post)

    *break down of admin costs
    * break down of renewal fees and why its costs so much ?

    rest i need your help guys as mentioned before im not professional and thick as you can get in these things

    a special thanks to PLANB who motivated and convinced me via pms. ive managed to pull my finger out and talk to CAB,shelter and some other organisations about this i feel alot better and lighter dont know if the charges will be knocked off or not but im determined to do everything in my power and with the help of you guys to try my utmost!

    Hi Jimmy, you do sound more positive and i am so pleased things are moving now , i will keep everything crossed

    Leave a comment:


  • Spent2much
    replied
    Re: hi i need some urgent help and advice pls

    Originally posted by IF View Post
    I'm pleased for you Jimmy and here's to you and your family
    agree and all the best from me too,

    Leave a comment:


  • jimmyq
    replied
    Re: hi i need some urgent help and advice pls

    the figures dont add up anyone got a calculator? see what the total comes to its definately not £91,210.62 they have messed up on the "so called admin costs"


    anyhow can everyone start giving me some bullet points for me to write to harpmanor regarding the charges and interest etc need to get some ideas together ready for monday/tuesday once i get the arrears cleared i want to be sending both the broker and harpmanor letters

    harpmanor

    * ive recieved several letters from monarch Did Monarch Recoveries Limited have their own staff and employees to carry Debt Collecting Activities on behalf of the Claimant, or was the Claimant using their own staff pretending to be employees of Monarch Recoveries Ltd.

    *What term or condition in the agreement states that the Claimant is entitled to charge £35 a letter and £35 phone call.

    (copied from transformers post)

    *break down of admin costs
    * break down of renewal fees and why its costs so much ?

    rest i need your help guys as mentioned before im not professional and thick as you can get in these things

    a special thanks to PLANB who motivated and convinced me via pms. ive managed to pull my finger out and talk to CAB,shelter and some other organisations about this i feel alot better and lighter dont know if the charges will be knocked off or not but im determined to do everything in my power and with the help of you guys to try my utmost!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: hi i need some urgent help and advice pls

    £28k renewal fee

    Leave a comment:


  • jimmyq
    replied
    Re: hi i need some urgent help and advice pls

    Originally posted by jimmyq View Post
    here are some settlement figures they sent me with the latest one which is valid till august 11 2012

    just recieved this today valid until 11 october 2012 look at the Admin costs compared to the last statements even the figured dont add up to the total ????

    Leave a comment:


  • PlanB
    replied
    Re: hi i need some urgent help and advice pls

    Originally posted by cymruambyth View Post
    PlanB is going to be sectioned?
    About time too some would say

    Leave a comment:


  • The Tech Clerk
    replied
    Re: hi i need some urgent help and advice pls

    Originally posted by cymruambyth View Post
    PlanB is going to be sectioned?


    OOHHHhhhaaaaaaaa

    Leave a comment:


  • cymruambyth
    replied
    Re: hi i need some urgent help and advice pls

    PlanB is going to be sectioned?

    Leave a comment:


  • Susie
    replied
    Re: hi i need some urgent help and advice pls

    very well done to Jimmy and everyone else involved
    Also congratulations to PlanB on the section to be

    Leave a comment:


  • transformer999
    replied
    Re: hi i need some urgent help and advice pls

    Originally posted by jimmyq View Post
    right with the help and support from plan b in pm's i managed to go to 2 associations first one was ok but the case is a bit too big for them. I went to citizens advice burea they have told me to pay the arrears and then they will submit an n244 to get the possesion order cancelled. If and when the loan shark needs to claim again they will have to start from scratch which will take a few months to complete gives me enough time.

    also they have told me the agreement is unfair and the charges ie renewal charges of £26k are ridiculous. they will be getting someone to look into the agreement in detail as it does not mention 24% interest nor does it say anything clearly about all the charges. even if it did its unfair. so thats some good news there

    they have told me write a letter to the loan shark and ask them for a detailed breakdowm of costs,renewal charges and where it states in the agreement about these extorianate charges.

    also they have told me to write to the broker and asking them for copys of income and on what grounds they got me the loan on!

    theyve also gave me a complaints form to complain to the fla

    just need two letters written up professsionally so i can send them in backed up with the mp's (house of common) letter i have

    thanks!

    secondly

    Just an extract from my amended defence....about the charges Blemain charge: I believe on this point alone if Blemain were pulled up that would be in itself to screw them over....but that is just my opinion of course....but know a lot would agree:

    Default Charges and Costs added to loan

    31. The 2nd Defendant puts the Claimant to strict proof under s140 Unfair Relationship and

    UTCCR 1999 to prove that:

    (a) Did Monarch Recoveries Limited have their own staff and employees to carry Debt
    Collecting Activities on behalf of the Claimant, or was the Claimant using their own staff
    pretending to be employees of Monarch Recoveries Ltd.

    (b) What term or condition in the agreement states that the Claimant is entitled to
    charge £35 a letter and £35 phone call.

    (c) Did the 2nd Defendant understand and contract on the basis that she would be liable
    for such costs for late payment, default and any other costs that the Claimant is
    claiming.

    Leave a comment:

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