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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

eweeks

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  1. eweeks
    Thanks dx100uk & Ell-enn. Very reassuring. Yes. I will make sure the payments are on time. Currently they are automatically taken on the last working day of the month by DD. I have also sent the SAR today.
  2. eweeks
    I am afraid there has been some more developments on this case. As I mentioned in #45 the application has been dismissed by the court. Looking at possession claim online it says a Letter from Claimant to court had gone within 7 days of the order. I rang Kensington's solicitors to get an update. I didn't tell them that I was aware of the court having dismissed the previous application for a warrant. They told me that they were still waiting for an eviction date. When I pointed out that the arrears have been cleared, I was put on hold while the solicitor spoke to Kensington. After several minutes she came back and said "Kensington does not want to cancel the eviction yet. They are still looking forward to the court to give an eviction date. Why don't you wait for the eviction date which might take couple of months and when the date is delivered, please give Kensington a ring and then they will consider cancelling the eviction. They might want to see whether you have been making regular payments"". All this sounds bizarre. But more worryingly there doesn't seem to be an end to this stressful situation and I now have to wait for that eviction letter to be delivered, despite having no arrears. You guys have been so helpful and I would be very grateful if you could throw some light on what might be happening. Do you think Kensington would have applied for the order dismissing the application to be set aside/suspended. Should I be making a submission to the court since the order also affects me but in a positive way. If I need to make a submission today is the 7th day from the date of service of the order. Many thanks.
  3. eweeks
    Thanks Ell-enn. I have send the letter. Interestingly when I logged in to possessionclaim.gov.uk I found that a judgement has been passed yesterday which read Upon considering the Claimant's application dated xx xxx xxxx and the witness statement in support of [Claimants Solicitor] dated xx xxx xxxx IT IS ORDERED THAT 1. The application be dismissed. Reasons for order The test to be applied is whether there are facts which take the matter out of the general rule that execution is not allowed after 6 years. The mere fact that the defendant continues to be in breach of the original order and it would be cheaper and more convenient for the claimant to extend the warrant / obtain permission to enforce the original order than to commence fresh proceedings is not sufficient. 2. Because this order has been made by the court without considering representations from the parties, any party affected has a right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive at the court office 7 days from the date of service of this order. No court fee will be payable. What would this mean to be? Do I have to apply to the court that the SPO be revoked now that arrears are cleared.? Many thanks
  4. eweeks
    I just looked at https://www.possessionclaim.gov.uk and it says 05-06-2017 Court Letter To Claimant 05-06-2017 Court Letter From Claimant 24-05-2017 Court General Form Of Application 24-05-2017 Court General Form Of Application What would this mean? Do I need to write to to Kensington or their solicitor? Many thanks for your help. don't think I am out of the woods yet, but so so relieved. This forum rocks !!
  5. eweeks
    Dear Ell-enn I have now managed to pay the arrears amount via the online system. The online system started working again yesterday for me. When I checked the claim history at https://www.possessionclaim.gov.uk it says that a General Form of Application has been made on 24.05.2017. Do I now wait for papers to come from the court or should I write to Kensington's solicitors / Kensington that I have cleared the arrears. Could they withdraw the claim at this stage? I have not send in any bank statements as they had asked me to. The family member has already written about the money she gifted and we have a snapshot proof of receipt from Royal Mail. Many thanks. I suspect Kensington might slap me with a Solicitors charges or something of £500 + now
  6. eweeks
    Recorded delivery. This is the template used. I will have a copy too. I confirm that I have gifted the sum of £xxxxx.xx to xxxxx on xxxxx in respect of clearing the arrears in his mortgage payment. I also confirm that this gift is non-refundable, non-interest bearing, it is not to be repaid to me and I will not retain any interest in the property whatsoever. The applicant is known to me as my brother.
  7. eweeks
    I have done bank transfer payments 7 yrs ago and have asked Barclays to see whether they could find the details for me. They have taken the details from me and said they will get back to me. Meanwhile do I let Kensington's solicitors know the situation or do I write to Kensington to all about this. The family member who helped me with some money has already written to Kensington to say that they don't have an interest in the property and that the money was a gift (which indeed it was). I am dreading the eviction date will come through the post any day now.
  8. eweeks
    Sorry Ell-enn, I went through all the paperwork but can't find anything with sort-code or account number.
  9. eweeks
    Yes for most months. £50 per month. £3410 so far in total since 2005.
  10. eweeks
    Thanks Ell-enn. I tried. But unfortunately the bank doesn't have access to the account number and sort code where the DD goes into.
  11. eweeks
    Thanks dx100uk I will certainly do that. The FSA fine does not seem to involve Arrears fines and Agent fees (no actual visits) though but includes returned DD fees. But looking at the CAG posts, it seems there is a legitimate reason for claiming back these fines. I wanted to get rid of the arrears first for peace of mind but they are not even letting me do that.
  12. eweeks
    Thanks Ell-enn. Last week when I first tried the online payment system, it said you can only pay £2000 today and I did that. it was after that the system seemed to block any further payments. The remaining arrears shown is £1697. They have been charging £50 pounds per month towards arrears and in the last 10 years, I have paid £3410 as arrears fees. Although I have missed direct debit payments, I have also made several over payments. There was particular hardship in the beginning of this year which resulted in two direct debits not going. In 2014 and 2015 I had only missed one DD and had made an overpayment. When you try to speak to them, it is very demeaning . When I said I was expecting a salary arrears payment next month, they wanted a letter from employer saying that I am owed this much amount and that it will be paid on this date etc. Completing the income expenditure was another harrowing experience with every expenses ridiculed and questioned. I really hope there is an option without going to court, but at the moment I don't feel optimistic and I am dreading the next batch of solicitor fees and court costs.
  13. eweeks
    Thanks BazzaS and Ell-enn The direct debit is still in place and money is being collected. But on my Barclays account it only shows the direct debit reference number not their sort code and account no. Getting the screenshots is a good idea, which I will do now and also tomorrow. The sad thing is I have already paid £3410 as arrears fees , £215 (Returned DD charges over the last 12 yrs) , £429.15 as Field Agent charges, £118.64 as Solicitors Charges while my arrears is £1697.97. Many thanks again for all your continuing help.
  14. eweeks
    Unfortunately no. When I try the telephone service it gets routed to a a customer service agent, and when I try the online system it says "Unfortunately we cannot process your card payment online. This can be for a number of reasons, please try again later or contact us". I had a search of the forum too, but couldn't find Kensington's bank details. If only I manage to get them, I could make a payment via my bank. I have no idea why they are being so obstructive and harassing. Do you think, sending them a draft or a postal order would be another option. Many thanks again.
  15. eweeks
    Dear Ell-enn Hope you have received my budget sheet. In response to your other questions 1. The remaing mortgage term at the end of May 2017 would be 12 years and 6 months 2. It is a single mortgage 3.Going forward, current circumstances prevailing, I would be able to make my contractual monthly payments. Many thanks again.

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