Sapphire v Natwest - SORTED !

[Amy]

Re: I need help with this - anyone

earliest convenience

[Sapphire]

Re: I need help with this - anyone

Amended letter for court

Claim No XXXXXX

Dear Sir

As defendent in the above claim I respectfully ask the court to consider my request to redetermine the period over which the debt be paid.

I would like to make it clear that it was never my intention to renege on this debt and by way of explanation I would like to point out that there have been a number of extenuating circumstances that I have endured which have placed a colossal financial burden on me, which include the collapse of xxxxxxxxxxxxx Ltd and the subsequent loss of revenue that I suffered as a consequence of this.

The order (copy attached) asks that payment in full be made to the claimant by 20th September 2007 - the full sum payable is £XXXXXXXXX.

I do not feel able to make full payment of the debt within such a short time frame and would like the court to consider redetermining the period over which I repay the debt.

1. In order to pay the debt within the timeframe I would be forced to sell my current home at below market value. The income from the sale after repaying the mortgagee (Capstone Mortgages £125,000) and fulfilling my obligations under second charge already secured on the property (HFC Bank and Lloyds TSB) is liable to be less than the amount due under the order.

2. The property is also the main residence of my long term partner, xxxxxxxxxxxxxx.

3. I run a business from the property in partnership with xxxxxxxxxxxxxx. To move the business at this time would be a logistical nightmare and we could/would lose our customers and the goodwill that we have built up if we were not fully operational even for a few days. If we lost the business, we would both be out of work and at our age we would have little or no chance of getting another job with a decent wage.

4. During the last few years I have suffered with heart problems and have had three Angioplaties, also I have had two strokes and had to learn to walk and talk again. My partner xxxxxxxxx over the last few years has had two heart scares, an eight and a half pound tumour which resulted in her having major surgery and most recently a breast cancer scare. To make us sell our home could bring on further health problems.

I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.
2. To review this situation in 6 months, and to increase the instalments to £500 per month for 6 months.
3. After a further 6 months (September 2008) increase the instalments to £1,000 per month.
4. A last and final payment of £27.50 to be made at the end of the arrangement.
5. I am also willing at this stage, for a charge to be placed on my property to secure the debt.

Thankyou for your consideration.

Yours sincerely

Les Lawnmower Man



(still working through the red bit btw - Cet/Amy/Jules feel free to have a go at grammar/text etc - do we need to actually ASK for a hearing to determine the matter ?)[/quote]

[Amy]

Re: I need help with this - anyone

needs doing again ..........

[Amethyst]

Re: I need help with this - anyone

I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.

2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six months and I will then be in a position to increase payments of this debt to £500 per month, and within a further six months to increase payments to £1,000 per calendar month until the debt is paid in full.

3. I would also like respectively to request that the court consider permitting the claimant to apply for a charge on my property in order to secure the debt.






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Dont think you need the 27.50 as you arent specifying a particular time frame - unless you want to the judge will order it anyway - you probably will incur further interest if the court so allows so you cant really work that figure out at this time.

Have a lok at the bits amy pointed out in the first version of this letter and give us a yell.

[iancognito]

Re: I need help with this - anyone

is that supposed to be respectively or respectfully?

If its respectively, the grammrs wrong and it should read

3. I would also like to request that the court consider permitting the claimant to apply respectively for a charge on my property in order to secure the debt.

I'd also be very careful about what you offer to pay, if this is written into a court order and for some reason you can't manage the £1000 your back at square one, an offer to increase payments as and when from £500 has a chance of being accepted on its own without putting a set amount.

[Sapphire]

Re: I need help with this - anyone

I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.

2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six months and I will then be in a position to increase payments of this debt to £500 per month, and within a further six months to increase payments to £1,000 per calendar month until the debt is paid in full. (a very good point Jan, we could end up being lumbered again, how about ...... increase payments substantially per calender month until the debt is paid in full. Although my gut feeling is that the court would be more likely to accept and offer of £1,000 per month and of course if it proves too much I can always write and ask for the amount to be reduced for a while can't I).

3. I would also like to request that the court consider permitting the claimant respectively to apply for a charge on my property in order to secure the debt.

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Dont think you need the 27.50 as you arent specifying a particular time frame - unless you want to the judge will order it anyway - you probably will incur further interest if the court so allows so you cant really work that figure out at this time.

Have a lok at the bits amy pointed out in the first version of this letter and give us a yell.

I've had a look and can't see anywhere else that I can make alterations etc. What do you think Ame hun xxxx

[Amethyst]

Re: I need help with this - anyone

it should be respectfully - respectfully request (I know amy doesnt like that phrase)

[Sapphire]

Re: I need help with this - anyone

Ok will PM them both and ask them to double/double/double check it for me.

sapphire

[Sapphire]

Re: I need help with this - anyone

Alterations completed.

I totally agree Ame, although I have been wondering how long it will take Cet to pick holes in Amy's contributions

sapphire

I PERSONALLY THINK THAT AMY IS A STAR !!!!!!!!!!!!!!!!!!!!!!!!!!!!! AS IS AME, JAN AND EVERYONE ELSE !!!!!!!!!!!!!!!!!!!!!!!!!

Anyway general concensus of opinion shall I send it now ?

[Amy]

Re: I need help with this - anyone

post up one more draft

[Amethyst]

Re: I need help with this - anyone

This one for COURT

Claim No XXXXXX

Dear Sir

Claim No XXXXXX

Dear Sir

As defendent in the above claim I respectfully ask the court to consider my request to redetermine the payment period applicable.

I would like to make it clear that it was never my intention to renege on this debt and by way of explanation I would like to point out that there have been a number of extenuating circumstances that I have endured which have placed a colossal financial burden on me, which include the collapse of xxxxxxxxxxxxxxxx Ltd and the subsequent loss of revenue that I suffered as a consequence of this.

The order (copy attached) asks that payment in full be made to the claimant by 20th September 2007 - the full sum payable is £XXXXXXXXX.

I am unable to make full payment of the debt within such a short time frame and would like the court to consider redetermining the period over which I repay the debt, for the following reasons:-

1. I would be forced to sell my current home at below market value. The income from the sale after repaying the mortgagee (Capstone Mortgages £125,000) and fulfilling my obligations under second charge already secured on the property (HFC Bank and Lloyds TSB inclusive) is liable to be less than the amount due under the order. I also would not be able to complete the sale within the timescale given.

2. The property is also the main residence of my long term partner, xxxxxxx.

3. I run a business from the property in partnership with xxxxxxxxxx. To move the business at this time would be a logistical nightmare and we would lose our customers and the goodwill that we have built up if we were not fully operational even for a few days. If we lost the business, we would both be out of work and at our age we would have little or no chance of getting another job with a decent wage. 4. During the last few years I have suffered with heart problems and have had three angioplasties, also I have had two strokes and had to learn to walk and talk again. My partner xxxxxxxxxxxx has had two heart scares, an eight and a half pound tumour which resulted in her having major surgery and most recently a breast cancer scare. To make us sell our home could induce further health problems.

I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.

2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six months and I will then be in a position to increase payments of this debt to £500 per month and our intention is that within a further six months we will be in a position to increase payments to £1,000 per calendar month until the debt is paid in full.

3. I would like to request respectfully that the court permit the claimant to apply for a charge to be placed on my property to secure the debt.

Thank you for your consideration.

Yours sincerely

Les Lawnmower Man

[Sapphire]

Re: I need help with this - anyone

Thanks Ame i'm losing the will to live at the moment, can't see for the trees etc etc. Think I need a stiff one (drink).

sapphire

so which one then #114 or #115 ?

[Amethyst]

Re: I need help with this - anyone

pmsl me too hun (not drink)

think that last one I posted is it - just let amy check the first two paras and then i think we'll delete the other versions of the letter so we dont get confuddled.

leave you with one for court and one for the bank.

[Amethyst]

Re: I need help with this - anyone

This is the one for the bank

Dear Sirs,

Ref: Personal Guarantee for xxxxxxxxxxxxxxx Ltd

I am writing with regard to my outstanding overdraft guarantee for xxxxxxxxxxxxxxx Ltd. I am sure you are aware that this matter has now gone before the Court, but I would like to clarify my situation without the need to encroach any further on the Court’s time.

I have contacted your office on various occasions to inform you of my new address and to make arrangements to repay this debt, but to date have not received any replies. I have also tried to deal with your Solicitors’ (Cobbetts), again with no success.

I would like to make it clear that it was never my intention to renege on this debt and by way of explanation I would like to point out that there have been a number of extenuating circumstances that I have endured which have placed a colossal financial burden on me, which include the collapse of xxxxxxxxxxxxxxxxxx Ltd and the subsequent loss of revenue that I suffered as a consequence of this.

I am mindful, however that your concern lies with the repayment of this debt and I would like to assure you that at no time was there ever any intention to evade
my financial responsibilities. To that end I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.

2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six months and I will then be in a position to increase payments of this debt to £500 per month and our intention is that within a further six months we will be in a position to increase payments to £1,000 per calendar month until the debt is paid in full.

3. I am also willing for you to place a charge on my property to secure the debt,

Please find attached for your perusal a copy of our income and expenditure, which indicates we have immediate priority debts, and so taking those into account, we find that we have to make our offer to pay allowing for those debts to be cleared first.

Please could you give this matter your immediate consideration and reply with your decision at your earliest convenience.

You can also use our fax no: xxxxxxxxxx.

I look forward to hearing from you in the very near future.

Yours faithfully,

This one for COURT

Claim No XXXXXX

Dear Sir

As defendent in the above claim I respectfully ask the court to consider my request to redetermine the payment period applicable.

I would like to make it clear that it was never my intention to renege on this debt and by way of explanation I would like to point out that there have been a number of extenuating circumstances that I have endured which have placed a colossal financial burden on me, which include the collapse of xxxxxxxxxxxxxx and the subsequent loss of revenue that I suffered as a consequence of this.

The order (copy attached) asks that payment in full be made to the claimant by 20th September 2007 - the full sum payable is £XXXXXXXXX.

I am unable to make full payment of the debt within such a short time frame and would like the court to consider redetermining the period over which I repay the debt, for the following reasons:-

1. I would be forced to sell my current home at below market value. The income from the sale after repaying the mortgagee (Capstone Mortgages £125,000) and fulfilling my obligations under second charge already secured on the property (HFC Bank and Lloyds TSB inclusive) is liable to be less than the amount due under the order. I also would not be able to complete the sale within the timescale given.

2. The property is also the main residence of my long term partner, Eunice West.

3. I run a business from the property in partnership with xxxxxxxxxxxx. To move the business at this time would be a logistical nightmare and we would lose our customers and the goodwill that we have built up if we were not fully operational even for a few days. If we lost the business, we would both be out of work and at our age we would have little or no chance of getting another job with a decent wage. 4. During the last few years I have suffered with heart problems and have had three angioplasties, also I have had two strokes and had to learn to walk and talk again. My partner xxxxxxx has had two heart scares, an eight and a half pound tumour which resulted in her having major surgery and most recently a breast cancer scare. To make us sell our home could induce further health problems.

I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.

2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six months and I will then be in a position to increase payments of this debt to £500 per month and our intention is that within a further six months we will be in a position to increase payments to £1,000 per calendar month until the debt is paid in full.

3. I would like to request respectfully that the court permit the claimant to apply for a charge to be placed on my property to secure the debt.

4. I would like confirmation that no further interest will be added to this debt.

Thank you for your consideration.

Yours sincerely

Les Lawnmower Man

[Amy]

Re: I need help with this - anyone

Bank Letter:-

3. I am also willing for you to place a charge on my property, to secure the debt.

Please find attached for your information an exhaustive list of our income and expenditure, which I hope goes some way to show that although we have other priority debts, we are making a huge effort to pay back on a regular basis.

Please could you give this matter your immediate consideration and reply to me with your decision at your earliest convenience.