update re B&B CCJ - especially for Guy Skipworth, but if anyone else can help?

greenspun.com : LUSENET : Repossession : One Thread

Amazingly enough today I have heard that B&B have agreed to set aside my ccj. This seems close to a miracle! initially they refused my solicitor's request pretty rudely, but since he was able to prove that the court did not have his details and therefore the papers could not have been sent to him, as they claimed, they have agreed. Could there be any positive significance to this, other than they thought that that would be the judge's decision and decided not to be obstructive? Also, now that the first hurdle is crossed, any case details where the interest is reduced because of the delay in bringing action would be really useful, which you mentioned you would be able to provide me with? The brief background is that they contacted me 7.5 yrs after repossession - in the letter which I sent to them at that time, which they claim is acknowledgement I specifically say that they only have 6 years in which to claim interest, so it would be too late for them to claim (which I thought would be all the interest they were claiming on missed payments as well). Anyway in March 1999 I first invited them to take me to court and have regularly asked this ever since. I have emotionally coped with the whole situation pretty badly - having a nervous breakdown 2 years ago, which I havent fully recovered from -- I told Drydens this and that was when Wragge and Co took over, in nearly every letter I said how stressful it was. Anyway they first contacted me nearly 6 years ago, the correspondence has been much along the line of that which other people report on the site -- not getting questions answered, not being sent documents requested, demands for I&E etc. Plus they sent me letters about another property which had no connection whatever with me - I dont even know which letters they were for sure, as (around the time I cracked up) they sent letters every few days about different sums from different people, but not mentioning the properties and it wasnt until about earlier this year I realised they were persuing me for 2 properties! no apologies about that from them! Anyway as I mentioned I have no income or assets (I have 3 kids and am a mature student) although my husband owns our home (I am getting paranoid it could be taken in bankruptcy, but have to accept reassurances it wont). I made them 2 low (without prej) offers of 1k and 2k, which they refused, I think they must have checked my husband's credit and seen he was applying for remortgages (to pay for home improvements) and decided to try to squeeze me for more. They did actually say they would accept 3,100 (10% of original amount), again at the time I was cracking up, but at that time I didnt have any way of getting the money and also felt that having not taken me to court they felt they had a weak case. With hindsight I wish I had begged my father to help me at the time, but I really didnt think they would take me to court. They also used term without prejudice in this letter, but I have another letter where they say they will accept 5,000 which is neither without prejudice, nor time limited, nor has it been withdrawn - could this help, can I say how can they demand 60,000 when they will accept 5,000? My father has now said he would offer them 2-3,000 if the ccj holds, before I go bankrupt - do you think it would be worth offering them that now? I realise I've probably gone into way too much detail on things that dont make any difference. It seems they will claim I owe 60,000 now rather than 30 (which was absurd anyway). There were 2 mortgages of 54,000 in total, property sold for 45,000 and we (my ex and I) made regular payments for some time and I think we probably paid them up to the remaining 9,000 in repayments, so I feel very aggrieved that they have chased me at all, they havent traced my ex. Can you pick out anything that I might be able to ask my solicitor to use? He seems quite good, but I know that most solicitors dont have enough specialist knowledge to really know what will help. Many thanks to anyone who helps - I have tried to email Guy, but message was bounced back

-- Suzannah Jones (suzannah@homedawlish.eclipse.co.uk), September 20, 2004

Answers

Yikes, sorry, something went wrong - I did actually use paragraphs, but they havent come out, if anyone works their way through this it will be another miracle!!

-- Suzannah Jones (suzannah@homedawlish.eclipse.co.uk), September 20, 2004.

Hi Suzannah,

Please don't worry about them checking your husband's credit or anything else connected to him. They have absolutely no right as he was not involved to ask or check anything to do with him and could be in trouble if they do. B&B seem currently to be in a spate of settlements, we are (hopefully) on the verge of a settlement and 5000 seems to be the figure they go for regardless of the debt. If you check out www.ibas.co.uk and look at the settlements they have negotiated all the other banks go for less but B&B always seem to go for same amount or higher. Stop worrying about your ex, he will be liable for debt when/if you settle, put that side of it behind you and concentrate on getting your own side settled, your health back on track and having a life. All the best and good luck.

-- Chris (chris@anon.co.uk), September 21, 2004.


Suzannah

I have emailed you directly - please post if you do not receive it.

All the best

Guy

-- Guy Skipwith (guy@skipwith107.freeserve.co.uk), September 21, 2004.


Suzannah

I have just emailed you (9:45 pm 25.9.04).

Please post if you do not receive it.

Take care

Guy

-- Guy Skipwith (guy@skipwith107.freeserve.co.uk), September 24, 2004.


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