Help, Help, Help, in a blind panic

[jet_black]

I know I should have posted this before now, but we are right in the middle of a mutual exchange and I don't know wether I am coming or going. This N1 relates to a secured loan which is now outstanding as the money obtained by the primary lender for the property was not enough to cover both the mortgage and this loan. Now I am absolutely terrified and I don't know what to do.







My husband and I have absolutely no chance of paying anything towards this debt for the forseeable future, I am currently not working (I left my job due to depression) and My husband only brings home £845.00 a month. We are living hand to mouth as it is, I as worried the court may impose an AOE which would financially ruin us. Could this result in us being made bankrupt?

Thanks in advance for your time.:tinysmile_cry_t::tinysmile_cry_t:
------------------------------- merged -------------------------------
sorry I messed up with the scanned pictures, the rest of the claim is as follows

[Amethyst]

Re: Help, Help, Help, in a blind panic

Hey Jet Black

PLEASE DON't PANIC !

First thing get on to Welcome - HMCS Money Claim Online and acknowledge the claim - will only take a few minutes.

Put Defend in full - on the front page of the N1 theres your claim number and password for MCOL.

If you just leave it it will get rubberstamped as a forthwith judgement and you don't want that. So get it acknowledged then we'll go through everything step by step and work out your full situation and what to put in the defence/offer to pay.

I have to take kids to school but will be back in an hour xxxxxxxxxxxxxxx

Also can you go and find the Income Expenditure/Budget sheet in the library - fill it out with everything and email it to me - amethyst@legalbeagles.info



NEMO.............. ummm oldham lad has a loan with them.

[Curlyben]

Re: Help, Help, Help, in a blind panic

Is that it ?

Well for starters the POC is woeful.
While this is a secured loan and NOT regulated by CCA, they do have to provide details of the loan, such as agreement number etc.

As Ame say get your acknowledgement in NOW as you are running close to the dates.

Next thing to do is get information.
Now this is EXTREMELY important and should be sent guaranteed next day delivery.

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

This should enable us to file a decent defence to this action.

[Guest]

Re: Help, Help, Help, in a blind panic

I would be very careful about engaging them in a long legal battle, in particular sending them CPR 18 requests for an action that is indefensible. The only thing you are likely to achieve is higher costs.

By all means file your acknowledgment of service, but think carefully about what you do from there and how you plan to proceed. This claim will not be heard on the small claims track and costs can sprial fast.

The best you can hope for is a negotiated settlement resulting in time to pay. You have no real prospect of successfully defending this claim.

[Amethyst]

Re: Help, Help, Help, in a blind panic

Yes they can but she needs to get an offer to pay in, and the AOS buys her a bit more time to look thoroughly at her financial statement. Putting Defend in full on the AOS can be changed later and isn't binding.

I do think we need some more info about the loan, previous discussions with Nemo, and repayment agreements in place etc before we go in with part 18's. But a request for further information may well be in order depending on the situation prior to them taking out the claim.

The Acknowledgement and I/E is the first step and guards against a forthwith order by default.

[jet_black]

Re: Help, Help, Help, in a blind panic

I just rang MCOL as I couldn't find the password on the N1, a very nice lady told me I can't use the online service as it has been filed from Derby County Court. I'll fill in the acknowledgment of service and get hubby to hand deliver them today.

I'll get the letter Curlyben posted sorted today also and make a start on the I/E. I feel a little calmer now thanks guys.

[Amethyst]

Re: Help, Help, Help, in a blind panic

Oh bugger. Yes do that. Buys you a further two weeks.

But we'll still go through everything now and get things sorted for defence/admission/offer to pay.

We need to know any communication you had with Nemo, how long you have been defaulting on the loan etc etc. Letters have gone between parties. Anything u can think might be relevant. I assume you didnt have PPI, or that it doesn't cover depression.

[jet_black]

Re: Help, Help, Help, in a blind panic

We had PPI which did not cover depression. I did make a start last year on trying to tackle our debts, but it all got too much and I am afraid I buried my head in the sand, hence the mess we are in now, there are several other creditors which I am sure are going to be kicking off soon too. We had a string of events which lead to all of this. I'll finnish sorting the initial bits and pieces out then I'll get stuck in with relaying the whole sorry story. I do have a subject access request which I got from these last year, I'll hunt that out now......

[Amethyst]

Re: Help, Help, Help, in a blind panic

Right then mrs, lets get this on track to be sorted then go through everything else. and I mean EVERYTHING. I'm going to upgrade you to VIP and you can join in our managing your finances forum and we'll work through everything bit by bit try and halt things before they escalate any further.

[jet_black]

Re: Help, Help, Help, in a blind panic

Thanks soooo much, I am still sifting through the huge mountain of papers which have been locked away in a filing cabinet for far too long now ***huge gulp***

[Amethyst]

Re: Help, Help, Help, in a blind panic

:hug:

Do the I/E first, then anything relevant from your SAR and a bit of background on this loan.

Make sure you include everything else on your IE. No massaging the figures to make things look better than they are. (I do it ! lol). If it ends up minus figures in the hundreds so be it. Head in sand won;t work - it won't all go away, but we can try and minimise the stress and damage, and theres lots of lovely people here who will support and advise you all the way.

You are not alone.

[jet_black]

Re: Help, Help, Help, in a blind panic

Right, the court has the papers, I am almost done calculating the I/E which I will post in my other thread

[Amethyst]

Re: Help, Help, Help, in a blind panic

Well done.

Think we are making installment offer to pay of £150 pcm.

Want interest frozen at judgement and them to qualify their claim for Contractual.......... Plus it is a dire POC so request for more information and a nudge in the defence to court that its a dire POC. Is fast track and we don't want to pile costs on so rather than a part 18 a nice letter asking for it at this stage.

Won;t work on the defence etc till we have agreed the figures in the debt thread first so it all ties in together.

[jet_black]

Re: Help, Help, Help, in a blind panic

Well done.

Think we are making installment offer to pay of £150 pcm.

Want interest frozen at judgement and them to qualify their claim for Contractual.......... Plus it is a dire POC so request for more information and a nudge in the defence to court that its a dire POC. Is fast track and we don't want to pile costs on so rather than a part 18 a nice letter asking for it at this stage.

Won;t work on the defence etc till we have agreed the figures in the debt thread first so it all ties in together.

The thing I am most scared of is going to court, I have zero confidence and am scared of getting in a muddle, will we be able to get it sorted without me having to say anything in court?

[Amethyst]

Re: Help, Help, Help, in a blind panic

I'm the same hunny honestly. More than likely it will be a rubberstamping exercise...but you will be taken more seriously if you go.

Have a look at Tools' sis charging order and redetermination thread for the kind of thing to expect in court if you attend.

I went along to mine where i got an installment order and a charging order finalised and despite being mortally terrified I got through it, the judge was impressed i made the effort and things went my way. And basically i mumbled hello, answered questions with the fewest words possible, and got out as quick as i could.....but i went, all my documents and arguments were written down for him and given to him before hand and he could see i was seriously trying to sort myself out. Plus the judges arent usually that scary - its a good experience and does help boost your confidence a little bit. I was very low when I went too and a few peeps know how rubbish my confidence is, so basically if I can do it, anyone can