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Little Brother V A&L

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  • Little Brother V A&L

    Did a quick background introduction in the debt forum, so just to carry on.

    Sent a full SAR to A&L on 21st June and received details back from them, was hoping to reduce amount owing but it turns out that there are not many charges applied as it appears my brother was ok before his wife left.

    Can only find 2 x £25 charges on the statements.

    What concerns me more is these are the ones threatening to get a Charging Order on his house which is currently for sale, the amount borrowed was £20K.

    He entered into a Payplan agreement with them but has had to reduce the amount each month as his business suffered stebacks too, and in the "Diary Entry" they sent with everything else there is an extract which states

    " Payment in October less then in previous months, need to speak to Mr(brother) or payplan regarding this. Monitor for future payments.
    Arrangement reset for £102.39 for 6 months with effect from December.
    Land registration check requested *Positive*.
    Leter issued reference lleg01.
    Email offer of £55.74 received, customer reference ****** customer is home owner.
    Details of account referred to supervisor as lleg01 issued.
    Referred account for fast track legal.
    Mr(Brother) telephoned office,dpad. Mr(Brother) not happy with letter received as dealing with payplan(this is the first letter of intention to gain Charging Order), Advised Mr(brother) we reserve the right to continue legal action and we need a minimum of £330 per month to stop the application for a Charging Order on the property. Mr(Brother) advised he cannot increase the payment. Mr(brother) was advised account would be passed to our legal team, also explained the implications of a charge on the property,advised he would be contacted again".

    Have'nt got a clue about the detail in bold above, must be their in house codes?

    Next he had a letter off Shoosmiths, acting for A&L which was quite stroppy and threatening especially for a first letter so I sent them this reply followed by the SAR to A&L with a copy enclosed

    Shoosmiths
    The Lakes
    Northhampton
    NN4 7SH

    18/06/07

    Your Ref. *******************


    Dear Sir/Madam

    It is with surprise and bewilderment that I have received your correspondence dated 11th June 2007, as your client, Alliance and Leicester have entered into an agreement via Payplan, and have done so since April 06.

    I believe your client is applying undue pressure against OFT guidelines as indicated below.


    Debt collection guidance
    Final guidance on unfair business practices
    July 2003 (updated December 2006)


    2.5 Putting pressure on debtors or third parties is considered to be oppressive.

    f. pressurising debtors to pay in full, in unreasonably large instalments,
    or to increase payments when they are unable to do so


    I have endeavoured to address my situation which was caused by my now, ex-wife, leaving myself and our children with all of our current debts.

    It is this reason I entered into Payplan and all of my other creditors have accepted payments put forward and paid monthly without fail via Payplan.






    I realise it is your clients right to pursue repayment through the Court system, but I believe the Courts would consider your clients handling to be unreasonable in trying to gain an unfair advantage above my other creditors.

    I look forward to your early reply regarding this matter

    It appears that Shoosmiths have agreed to defer further action for 1 Month which is entered in the Diary section so might have done the trick for now or p****d them off even more, dont know only time will tell, the problem now is where do I go from here with regards to the Charging Order anyone with any ideas.

  • #2
    My own experience is, when dealing with the courts, they are quite happy that you are attempting to settle your debts if you are paying as much as you can afford on a regular basis. This is not a priority debt and from what you have said, they have been unreasonable enough for it to do them no favours in court.

    Last time I was taken to court, which is a few years ago, the judge reduced the debt by £4k and set a ridiculously low repayment which will take longer then my mortgage to pay off.

    In addition, the current attitude of the banks and the contempt they are showing for the court system will not go in their favour. Don't know where your brother lives but I know you can request for cases to be transferred and Rhyl seems a pretty good place to be for bank hearings just now!!

    Comment


    • #3
      A copy of their reply, attached, from 12th July, but as of this morning he has received a County Court N1 from A&L, so it looks like they are going for it, as they need a CCJ first.

      Dont know where to go on this now,...

      Should I reply to the N1 as acknowledging the debt but include that he is already in a payment agreement which they have accepted, and will it have any bearing on if and when, they decide to go for the charging order.

      I dont think he is really bothered about the chrging order as he has now decided to keep the house and pay off his ex, but obviously wont want them to force a sale as he still has joint custody of his three kids.

      Comment


      • #4
        Re: Little Brother V A&L

        Got only a few days to reply to N1 now so would appreciate a bit of advice on best way to answer this.

        Agree to claimed amount and ask for more time to pay?? (Already in Payplan for last 12 months so not sure how to word it)

        Admit part of claim and deduct charges (approx £50.)?

        Comment


        • #5
          Re: Little Brother V A&L

          Its been a long time since last post what with work and my home pc playing up, but the following update doesn’t look good.

          After gaining a CCJ on this account for 20K, A&L are applying for a charging order.
          We need to appear in court soon 22nd November, and the basic defence will be that by granting the Order it is in effect giving A&L an “unfair advantage” over the other creditors. Below are some extracts from the application, some help or thoughts on these would be appreciated, I realise it’s a bit late but I have put together a few “Facts” to relay in court, but I am not sure wether to notify the sols (Shoosmiths) before hand as I believe that A&l are concealing the true facts.

          2. The judgement or order required the judgement debtor to pay £20201.00. The judgement or order did not provide for payments by instalments:: This has been with Payplan since Dec 06 paid monthly to which A&L have agreed, Payplan was given the original court claim and said they would deal with it. Hmmm.

          4. The judgement debtors interest in the Land or property. The judgement debtor is the sole owner: With his ex wife who has a financial interest agreed in court as settlement of £40k

          5. Other creditors. The judgement creditor does not know of any other creditors of the judgement debtor:: If they are in a Payplan agreement then surely they know there are other creditors or else why go to payplan or similar debt management people.

          That’s basically the parts I can see with which we can try to pick holes in and have it discharged. I’m no expert and realise its probably a long shot but I have to try for my brothers sake. Should I contact Shoosmiths and point out these issues or just present them in court on the day.

          We are just waiting for Payplan to reply with some answers as to wether A&L have been informed of other creditors.

          Comment

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