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    • Yep, I agree with what you are saying, I only mentioned the governing body code of practice as a nod to the fact that I wasn't dismissing the BPA or whoever out of hand, thought that would go in my favour before a judge. I wrote a long post about the BPA CoP earlier but then deleted it because I realised I wasn't talking about points of law but a set of guidelines drawn up by one bunch of charlatans for another bunch of charlatans. It is ludicrous that the 5 minute consideration period doesn't apply if the motorist parks, such nonsense. As for legislation, I was referring to the government legislation (if it is legislation?) document which has been withdrawn. Does that stand until it has been reintroduced? In the explanatory document it is quite clear. Otherwise, how does one hold them to the consideration and grace periods? Or is that at the discretion of the judge?
    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
    • Are you saying that both businesses were closed? Yet you stayed there for over two hours. . If both were closed than to charge £100 is a penalty since Horizon had no legitimate interest in keeping spaces clear for the company. sake as there were no customers..
    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
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Mortgage arrears barclays


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I have got approximately £4500 mortgage arrears and 6 broken arrangements even though I have informed them when I have broken them as I knew I would and I have been off work this month so broken my last arrangement. The reason for the mtg arrears is due to being I'll when pregnant then my other half leaving me! My last arrangement I have been paying £1089 which was £488 towards my normal payment and the rest off the arrears however barclays wont set another arrangement up for me instead say they will be referring it to some debt management people. I am not sure what to do and don't want my house repossessing but not sure If it's going to happen. I am currently working full time n really struggle making a payment of £1089 but have been since jan 2011. Please advise

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Given your income, you are paying far too much towards the arrears ! no wonder you can't keep it up. I suppose Barclays told you what they wanted you to pay instead of you telling them what you can afford ?

 

You need to write to them encllosing a budget sheet and making an offer of payment you can affiord. I have affixed the budget sheet we normally use, it calculates automatically as you fill it in. If you need help constructing the letter to Barclays, I'll happily draft one for you. Your home won't be repossessed if you can keep up payments and a reasonable amount towards the arrears.

 

Once you have completed the budget sheet come back and let us know how much you have left over each month to pay towards the arrrears.

Budget Sheet.xls

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They have said because of the broken arrangements they will be putting it forward to a debt management company who will visit my house, as the leel of arrears is high and also the high number of broken arrangements.

Barclays said they needed to be paid over a year however will not set anymore arrangements whatsoever even though I wanted to set it for the same amount o start from next month.

I have done a budget previously and genuinely have reason or non payment but the way the senior rep at barclays spoke to me it was clearly stated they would be referring it if I missed this months payment, to which my reply was I would have no way of paying it however could spread it over he remaining six month of the arrangement but the man said no it would be referred.

Thanks

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Well they can say what they want, but you should only pay what you can afford. If they send a debt advisor to your home they will most likely charge you for it, so you need to write them the letter I suggested with your realistic offer of payment, that way if they do take further action you can prove you have tried to come to an arrangement with them. Lenders always want arrears paid over a shorter period of time than is usually practicable but there is no point in saying you will pay a large amount each month if you will struggle to keep it up. If it ever did go to court the judge would only order what you can afford.

 

Have you filled in the budget sheet I affixed to my previous post ?

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I will do that tonight and work everything out, is it likely that my home will get repossessed?

I am worried as I have two young children.

I still have the arrangement in place that will break until the 30th June and they said it would take three weeks for the company to come out, who to be honest I would prefer not coming as my children will be here if I am not at work.

I explained to the colleague at barclays that I know ie had broken arrangments but this one I've paid 5 months required. I did ask them to add it on or extend the term but they also said no.

I feel like I don't have any options left due to violating precious arrangements if that makes sense. However I have always stayed in contact with them to prior warn them if I knew I wouldn't manage to make it. Many thanks again

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I'll draft a letter for you and affix to this thread, once you have done the budget sheet let me know how much you can realistically afford to pay towards the arrears each month in addition to the normal monthly payment. Please don't cut back on essential things just so you can offer a large amount to keep them off your back, much better to offer an amount that you can sustain.

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I think I'm just scared of losing my home hence the reason forthe large payments, I have been cutting back beyond belief on everything to maintain payments. granted I have a car I need and try still to get kids think but hunt on car pots etc. I'm just scared they'll come repossess my house like has now been threatened by barclays

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Hi, I know you're scared and they'll know that too, that's why they take advantage of your fear and demand large payments because they know you'll do amything to keep them happy. They can't "just come and repossess your home", they would have to take you to court first and there is no way a judge would allow repossession of your home when you have an income and can make your mortgage payments plus a bit extra towards the arrears, also you have two children living in your property which makes a big difference.

 

Fill in the budget sheet and then let me know what you can afford.

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Hi I can afford £800 but that leaves me to where I have just enough spare for petrol to get to work so should I ask that I pay less or this doesn't leave any money for kids clothes and to do anything at all, I dont want then to refuse it

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Hi there, I suggest you offer much less - if they refuse it you make the payments anyway and see what they do. If they were to take this to court there is no way the judge would expect you to pay £400 extra per month - he would more than likely halve it !! There is case law which the judge can consider that allows for arrears to be paid over a long peroid of time - even over the remaining life of the mortgage. Barclays will know all about this case law, but will not expect you to know.

 

If you wouldn't mind - could you email your budget sheet to me at [email protected] ? I can then advise what you should be including.

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Hi, yes I have received it and replied.

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Yes, but I can't read it as it is scrambled in the body of the email. Can you attach the file to an email rather than put it in the actual email ?

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Hi there, I haved affixed the letter to go with the budget sheet. Make sure you send by special delivery and keep a copy for yourself. Check on the royalmail website a few days after posting to print off the signature receipt -keep that safe with your copy of the letter in case we need it later.

Joanne1989.doc

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Have you checked if they have signed for it?

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Did the post office not give you a white till receipt ?

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Do you have access to a fax machine ?

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It's ridiculous that the post office gave you no receipt - the whole point of recorded delivery is that you can use the receipt to check that it has been signed for. If you have a spare £5 you could send the letter again by special delivery - that way it is guaranteed to be delivered the next day - but you must insist on a receipt so you can check they sign for it. Do not leave the post office without getting a receipt. Make sure you keep a copy of the letter and budget sheet for yourself.

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