Help, Help, Help, in a blind panic

[tomterm8]

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

I think they probably can. Not sure, but it is logical.

[Amethyst]

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

Tom you are right...I was reading it that that was just the interest, which is what it should be. So yep thats indeed wrong - the charge for credit isnt 18k more like 4k

not sure of the implications of doing it on the loan amount, but i know including the PPI full amount in the charge for credit a a big boob.


Jet can you post up your i/e on here again
please just for ease of reference

[Amethyst]

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

Jets admission has to be in the postbox by Monday 4pm.....



thinking admission and offer to pay

mention the cca as a way of getting nemo to agree to the £100 a month.... ??

Tom ? Curly ? Baked ? Tools ? (lol)

[jet_black]

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

Income £1468.21 monthly

Essential Outgoings £269.16 + £307.50 (rent) = £576.66 monthly

Food £400
HK £20
Clothes £25
News £5
Pets £25
Car Tax £16
Cigs £25

£516 month

OVERALL - 1092.66

Plus £100 month for emergency/birthday etc

Outgoings £1192.66 month


Remainder for Debts - £276 approx

[enaid]

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

What about insurance, phone, tv license?

[jet_black]

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

that's included in the essential outgoings..

Income

Partner's salary £844.39 nett PCM
Child benefit £125.40 4 weekly
Tax credits £115.02 weekly

Expenditure

Rent (including insurance) £70.96 per week
Council Tax £85.00 per month
Water rates £24.41 per month
TV license £11.41 per month
Phone/broadband £43.00 per month
Gas £38.00 per month
Electricity £31.00 per month
Car Insurance £16.34 per month
Petrol £15-20.00 per week

Food & drink This is usually between £350-£450.00 Per month
Housekeeping £20.00 a week
Newspapers & magazines £1.50 a week maximum
TV. licence & rental already included above
Childcare (include pocket money/ trips) we don't budget for this :-S
School meals Packed lunches that come out of the food budget
Entertainment (include hobbies) we don't have a life.....no really!
Holidays Remind me what one of those is? Last one was in 1998!
Pets (food & vet’s bills, insurance) £8.00 a week
Cigarettes Hubby probably spends about £5.00 a week grrrrr
Presents- Birthdays, Christmas etc we don't budget for this, we just panic when the time comes
Travel & fares N/A
Car tax £101.00 per 6 months
Car insurance Included in above post
Car service & repairs, MOT the last MOT was £50!!! we don't put money aside for this, we tend to wait for the car to go wrong then panic
Clothes & shoes We don't tend to buy clothes very often, over a year we probably spen about £250.00 including the school uniform
Household items (repairs etc) If a major appliance goes bust it's panic stations again
Health costs (e.g. dentist, eye tests) We just received exemption certificates for this
Maintenance payments N/A anymore thank god
Credit card payments N/A
Loan repayments (including HP) N/A
Savings & Pension plans

[Amethyst]

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

Jet - this is what I used in my defence/admission for HFC claim. We should be able to amend it to suit your claim.

DEFENCE

1.Save as is specifically admitted in this Defence – the Defendant denies each and every allegation set out in the particulars of Claim.

• It is admitted that the Defendant has an Affinity Loan Account with the Claimant numbered 00000xxxxxx

• It is admitted that the Defendant has an outstanding balance on the account to the value of £xxxx.xx, as detailed in the particulars of claim.

• The Defendant contests the amount of £1009.93, the ‘Collection Charge’ as entered in the particulars of claim by the Claimant.

• The Collection charge is a disproportionate penalty and therefore unenforceable as it is contrary to common law.

• Further, as a disproportionate penalty, it is invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para 8. and sch.2(1)(e).

• In the event the Collection Charge is not a disproportionate penalty then it is unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

• The Defendant has repeatedly asked the Claimant to give a breakdown of this charge in order to justify the amount but they have declined to do so.

• The Defendant has offered a reduced monthly payment, through the Consumer Credit Counselling Service, to the Claimant for repayment of this account. This offer was made to the Claimant on 22nd June 2006. This proposal included a full financial statement with regards the Defendant.

• The amount being paid to the Defendant each calendar month is £66.36.
  The first payment was made on 18th August 2006 and received by the Claimant on the 25th August 2006.

• The account was transferred to Restons Solicitors by the Claimant on the 10th August 2006.

• The Defendant contacted Restons Solicitors on the 14th August 2006 to discuss the repayment proposal. Restons Solicitors agreed to contact the Consumer Credit Counselling service to arrange the new payment instructions. The Consumer Credit Counselling Service have not received any communication from Restons Solicitors.

• The proposal for repayment was sent to Restons Solicitors by Consumer Credit Counselling Service on 14th August 2006.

• A breakdown of the Collection Charge applied by the Claimant was requested from Restons Solicitors. This request was refused and no breakdown has been received by the Defendant.

• A letter requesting information from the Claimant was sent to Restons Solicitors by Royal Mail Special Delivery on 30th August 2006. A copy of this letter will be presented to the court. A reply to this letter has not been received.

• No admissions are made as to the amounts claimed by the Claimants, and the Claimant is put to strict proof of the same.

You want to have a bash at amending it - will need quite a bit but this should be a good starting point.

[jet_black]

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

okies, will have a go ***gulp***

[Amethyst]

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

need to add to it

The Defendant asks the court to order interest be frozen on this account at the point of Judgement ..... something like that anyway


Take off the collection charges bits

add in - The loan is regulated under the consumer credit act ..................


The total charge for credit bit - am not 100% sure what we can do with it....I wouldnt like to suggest you try and get the whole agreement nullified on the back of it - but I do think we should mention it somewhere.


I'll have to have another look this evening honey but have a bash see how far you get - don't worry about using all legal language or anything....its not needed or expected.

[Amethyst]

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

Curly - the cca being possibly unenforceable ref the total charge for credit - can that nullfiy the interest after judgement clause you think ? ie can we use that as a lever ?



So do defence -

1) its unenforceable
2) in the alternative offer to pay freeze interest due to 1
3) in the alternative offer to pay freeze interest due to affordability etc

You think ?

[jet_black]

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

I have 2 sets of identical forms to complete, as the loan is in both names, do I have to fill one in each or can I do a joint one?

[Amethyst]

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

How do you mean? Which forms - the N1 response ?

[jet_black]

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

the N9a admission ones with the I/E on the back

[Amethyst]

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

Okay sod those. Do it on plain paper (will show you how to lay it out) but get the wording sorted first. With your own I/E. Theres only one claim isnt there, so the defence will come from you both as Defendant's.

Did you manage to get the beagles budget sheet open and editable ?

[jet_black]

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

I did, but my computer lost it.