Sapphire v Natwest - SORTED !

[iancognito]

Re: I need help with this - anyone

You need to do the sums on the equity to show there isn't enough to pay the debt, including any charges on the property, possibly even a (low) valuation? most estate agents will give you a value if they think you want to sell, tell them you want a really quick sale and they'll give you a low valuation!!! oh and don't forget to tell them about the rising damp, dry rot and the woodworm in the rafters!!

[Amy]

Re: I need help with this - anyone

The bones of this were from Cet all I did was pad it out:-



I am writing to you with regard to my outstanding overdraft guarantee for xxxxxxxxxxxxxxxx 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.

<o></o>I have contacted your office (in writing …….?) 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), but 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 xxxxxxxxxxxxxxxxxxxxxxxx Ltd and the subsequent loss of revenue that I suffered as a consequence of this. <o></o>

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.
<o></o>
1. £230 per calendar month for 6 months to commence at the end of September or sooner if at all possible.
<o></o>
2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments.
<o></o>
3. I am also willing, at this stage, for you to place a charge on my property to secure the debt.

[Amethyst]

Re: I need help with this - anyone

to the creditor ?

Same to the court ?

[Sapphire]

Re: I need help with this - anyone

The bones of this were from Cet all I did was pad it out:-



I am writing to you with regard to my outstanding overdraft guarantee for xxxxxxxxxxxxxxxxxx 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.

<O></O>I have contacted your office (in writing …….?) 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), but 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 xxxxxxxxxxxxxxxxxxxxxxxxx Ltd and the subsequent loss of revenue that I suffered as a consequence of this. <O></O>

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.
<O></O>
1. £230 per calendar month for 6 months to commence at the end of September or sooner if at all possible.
<O></O>
2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments.
<O></O>
3. I am also willing, at this stage, for you to place a charge on my property to secure the debt.

Thanks for the fab letter Amy hun, over the weekend I shall run over the budget sheeet etc and double check our figures etc and adjust accordingly. I will probably be able to stretch out a bit more on the amount offered as well.

Amethyst/Ashley/Anyone do you think its worth sending this letter over to Nat West and giving it a try, as well as the court, in the vague hope that Nat West will agree to it. To be honest, I'm now at the stage that I think that anything at all is worth a try isn't it.

sapphire

[Amethyst]

Re: I need help with this - anyone

Worth a shot yes definately.

I think you do need to write to the court as well with the redetermination application.

[Sapphire]

Re: I need help with this - anyone

This redetermination application !

Is it basically the same letter as above, but asking them to reconsider and to move the case down to our local court so that Les can make his representations ?

sapphire

[Amethyst]

Re: I need help with this - anyone

leave out the first two paragraphs and put your circumstances more - I am married no ability to get mortgage etc etc loss of business etc etc. Make it more personal you are pleading with the judge to not force you to sell your home.

Put any reasons u can think of in over the weekend and by monday you should have all the paperwork from court and we can fine tune everything

[Sapphire]

Re: I need help with this - anyone

Reasons to let us stay in the house,

1. There's not a lot of equity left in the house.
2. We not only live here, we run our business from home and would lose our livelyhood if we were forced to sell up. To move the business at this crucial 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.
3. Les is a few days from hitting 60 years old, and to make him sell the house would leave him homeless and with little or no chance of starting again.
4. Selling the house would not achieve much profit and would not raise enough to pay off the bills etc as the house has a very large mortgage on it and 2 charging orders.
5. My partner and myself have been together for many years, and have just decided to get married in the near future, and this would make our lives more secure. By losing the house we would have to put those plans on hold.
6. During the last few years I have suffered with Heart problems and have had 3 Angioplaties, also I have had 2 stokes and had to learn to walk and talk again. My partner xxxxxxxxxx over the last few years has had 2 heart scares, an 8 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 illness.
7. By allowing us to stay in our home we would be able to carry on working, paying our bills etc and at least paying towards this debt.
8. xxxxxxxxx my partner stands to inherit 2 houses and the monies from them when they are sold would enable us to pay this debt in full.

Offers:

1. £250 per month, with 6 monthly reviews.
2. Monies allocated to other debts to be allocated to Nat West debt when they are finished.
3. £250 and a charging order on the house.

Finances:

Our incomings vary from month to month depending on how much the business makes.

more to come when i can think them up[/quote]

[Amethyst]

Re: I need help with this - anyone

If you cannot afford what the court has decided
you should pay, you can apply to the court to
look at your offer again. This is called a "Re-
determination". There is no fee for doing this.
You must do this within 14 days of getting
the Order. You can do this by simply writing
a letter to the County Court. Quote your case
number. Attach your personal budget sheet
and explain why you disagree with the order
the court has made.
• The "Re-determination" will be done by a
District Judge. Where an order was made by
the court staff, the District Judge can decide to
have a hearing or make a decision by looking
at the papers. You can ask for a hearing when
you write to the court to ask them to look at
your case again.

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 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 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 (???) and fulfilling my obligations under second charge already secured on the property (DETAIL THESE) 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, xxxxxxxxx.

3. I run a business from the property in partnership with xxxxxxxxxxxxx. To move the business at this crucial 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 3 Angioplaties, also I have had 2 stokes and had to learn to walk and talk again. My partner xxxxxxxxxx over the last few years has had 2 heart scares, an 8 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 illness. ( OKAY BE AWARE HE MIGHT WANT MEDICAL RECORDS) 5. xxxxxxxxxxmy partner stands to inherit 2 houses and the monies from them when they are sold would enable us to pay this debt in full. NOT SURE ABOUT INCLUDING THAT AS ITS A IF BUT MAYBE THING NOT A CONFIRMED THING.


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 £1,000 per calendar month.

3. I would also like to respectfully request the court consider permitting the claimant to apply for a charge on my property in order 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 ?)

[Sapphire]

Re: I need help with this - anyone

This is a letter/fax that I have put together to send to Nat West, could someone please take a look at it for me and adjust if you think it needs it.
I am hoping that these figures and offer will be more acceptable to them, what do you think?

Dear Sirs,
Ref: Personal Guarantee for xxxxxxxxxxxxx Ltd

I am writing to you with regard to my outstanding overdraft guarantee for xxxxxxxxxxxxxxxx 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), but 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 xxxxxxxxxxxxxxxx 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 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, if you so wish 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 you will notice that we do 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 up first.
Please could you give this matter your immediate consideration at reply to me with your decision at your soonest convenience.
You can also use our fax no: xxxxxxxxxxxxx.
I look forward to hearing from you in the very near future.
Yours faithfully,

[Amethyst]

Re: I need help with this - anyone

i wouldnt put 6 x £500 a month ( sounds like you'll pay them £3k a month!!!)

then we best ensure this matches the court letter


oi mrs now i look like i'm talking bollocks lol

thats better

[Amy]

Re: I need help with this - anyone

Last paragraph:

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 at reply to me with your decision at your soonest convenience.
You can also use our fax no: xxxxxxxxxxx.
I look forward to hearing from you in the very near future.
Yours faithfully,

[Amethyst]

Re: I need help with this - anyone

sapphy amend the court letter to match the offer - then we can work on that some more. need to send both together really. court one is most important.

[Amy]

Re: I need help with this - anyone

Done in a hurry, this still needs work.

I am unable to make payment in full 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 specified, I would be forced to sell my home at below market value. The income from the sale after repaying the mortgagee (???) and fulfilling my obligations under second charge already secured on the property (DETAIL THESE) is liable to be less than the amount due under the order.

2. The property is also the main residence of my Common Law Wife xxxxxxxxxxxxxxxx.

3. I run a business from this property in partnership with xxxxxxxx. To move the business at this crucial time (what crucial time?) would be a logistical nightmare and we could/would lose business and income 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, 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 removed with major surgery and most recently a breast cancer scare. To force us to sell our home could bring on further health problems. ( OKAY BE AWARE HE MIGHT WANT MEDICAL RECORDS). 5. xxxxx my partner stands to inherit 2 houses and the monies from them when they are sold would enable us to pay this debt in full. NOT SURE ABOUT INCLUDING THAT AS ITS A IF BUT MAYBE THING NOT A CONFIRMED THING.


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 £1,000 per calendar month.

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.

Thank you 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 ?)

[Sapphire]

Re: I need help with this - anyone

This is a letter/fax that I have put together to send to Nat West, could someone please take a look at it for me and adjust if you think it needs it.
I am hoping that these figures and offer will be more acceptable to them, what do you think?

Dear Sirs,
Ref: Personal Guarantee for xxxxxxxxxxxxx Ltd

I am writing to you with regard to my outstanding overdraft guarantee for xxxxxxxxxxxxxxxx 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), but 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 xxxxxxxxxxxxxxx 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 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, if you so wish 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 someway 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.
You can also use our fax no: xxxxxxxxxxxxx.
I look forward to hearing from you in the very near future.
Yours faithfully,

xxxxxxxxxxx