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    • Hello,

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mortgage Resolution Limited - Suspended Repo Order - Back In Court - EVICTION CANCELLED


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Hi Guys

 

Long story short, in January we got a repo order suspended on our house for arrears including fees of £9,500.

 

I have just received notice that my lender has asked for this to be actioned again and I am awaiting a date for eviction from the court.

 

The original agreement was CMP + £200 which totalled £1156.07pm.

 

Last month I could only pay £530 towards my mortgage (May) and have informed them that I shall be paying this months (June) plus the balance by the 16th but this appears to have fallen on deaf ears.

 

The mortgage details are;

 

Lender: Mortgage Resolution Limited

Type: Interest Only

Rate: Fixed @ 9.51% until 08/10

Monthly CP: 956.07

Towards arrears: 200.00

 

What should I do?

 

1 When the notice arrives put in an N244 on what grounds?

2 Apply to my council for a MRS (wife is 6 months pregnant)

3 Ask the lender for a reduction in interest rates?

4 Resign myself to the fact that as this will be the third time at court I have no chance at all?

 

Family details:

 

2 kids, 3rd on way, in receipt of WTC incl CTC of £920pm and wife earns £500-£600pm (fully declared). I am on DLA (lower rate).

 

Thanks in advance

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Hi Guys

 

Long story short, in January we got a repo order suspended on our house for arrears including fees of £9,500.

 

I have just received notice that my lender has asked for this to be actioned again and I am awaiting a date for eviction from the court.

 

The original agreement was CMP + £200 which totalled £1156.07pm.

 

Last month I could only pay £530 towards my mortgage (May) and have informed them that I shall be paying this months (June) plus the balance by the 16th but this appears to have fallen on deaf ears.

 

The mortgage details are;

 

Lender: Mortgage Resolution Limited

Type: Interest Only

Rate: Fixed @ 9.51% until 08/10

Monthly CP: 956.07

Towards arrears: 200.00

 

What should I do?

 

1 When the notice arrives put in an N244 on what grounds?

2 Apply to my council for a MRS (wife is 6 months pregnant)

3 Ask the lender for a reduction in interest rates?

4 Resign myself to the fact that as this will be the third time at court I have no chance at all?

 

Family details:

 

2 kids, 3rd on way, in receipt of WTC incl CTC of £920pm and wife earns £500-£600pm (fully declared). I am on DLA (lower rate).

 

Thanks in advance

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Hi Guys

 

I am just about to write (recorded delivery) to my lender are request a reduction in the fixed interest rate.

 

It currently stands at 9.51% and their sub-prime variable (according to my T&C's) is the BOE rate (0.5% at the mo) + 5.5%

 

In effect, this is how it may impact on my mortgage payments...

 

CURRENT:

 

Fixed until 17.08.10 - MCP = 951.07

 

PROPOSES (at 6.0%)

 

Variable at 6.0& MCP = 600.01

 

Why am I doing this? Because they are about to start repo proceedings against me and this would not only allow me to stay in my home BUT it would also help me clear my arrears faster.

 

In addition, it is a rate I would be on in 12 months anyway.

 

Any advice on this matter, any precedents to quote? Or have I got ne chance whatsoever.

 

TIA

 

:D

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This is scream M.R.S.

Get yourself down to your local council office with your legal letters.

Do you know what you LTV on your property is..ideally it needs to be 79% or less but your council will decide.

 

Good Luck

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This is scream M.R.S.

Get yourself down to your local council office with your legal letters.

Do you know what you LTV on your property is..ideally it needs to be 79% or less but your council will decide.

 

Good Luck

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A scream?

 

Do you mean its my only option?

 

I have just spoken to them and requested (will back up with a letter) them to see if they can switch me to there variable and that is currently trading at 4.21%. (I pay 9.51% currently)

 

LTV at 79% would mean that I fall £5k short currently.

 

They also stated that if I pay up 1780.82 by the 22/06 they 'might' stop the action.

 

I am in the pooh :(

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A scream?

 

Do you mean its my only option?

 

I have just spoken to them and requested (will back up with a letter) them to see if they can switch me to there variable and that is currently trading at 4.21%. (I pay 9.51% currently)

 

LTV at 79% would mean that I fall £5k short currently.

 

They also stated that if I pay up 1780.82 by the 22/06 they 'might' stop the action.

 

I am in the pooh :(

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Hi Battler - all is not lost (unless you give up fighting!)

 

So - what did they say when you asked to be put on their variable rate? Do you need any help with a letter to send to them?

 

Also - given your circumstances have you contacted Shelter? (they're not just for homeless) they may be able to exert some influence on the lender and offer help if you have to go to court again to defend eviction. Their free helpline is 0808 800 4444

 

I'm more than happy to help you with a N244 submission, but give Shelter a ring first and see if they have any other options for you.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Hi Battler - all is not lost (unless you give up fighting!)

 

So - what did they say when you asked to be put on their variable rate? Do you need any help with a letter to send to them?

 

Also - given your circumstances have you contacted Shelter? (they're not just for homeless) they may be able to exert some influence on the lender and offer help if you have to go to court again to defend eviction. Their free helpline is 0808 800 4444

 

I'm more than happy to help you with a N244 submission, but give Shelter a ring first and see if they have any other options for you.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn

 

To answer in order

 

1 Not given up yet but feeling pretty damn low I must admit

2 They said they would address the letter when I send it, so any help on that front would be greatly appreciated

3 Not rang them yet but will do so this afternoon, thanks for the tip

4 Not got a listing date yet so the N244 will apply later no doubt.

 

Ran through a budget sheet with them today and I can meet the mortgage payment and arrears JUST after all else has been taken into consideration and I fall about 500 short of the catchup amount but I am working on that too.

 

If they could pop me on variable it would be great for both parties and IMHO it would be a logical last chance scenario but I do not hold out much hope...

 

The reason I fell behind was my wifes car cost us £700 to fix and she needs that to get to and from work.

 

TIA

Edited by battler1966
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Hi Ell-enn

 

To answer in order

 

1 Not given up yet but feeling pretty damn low I must admit

2 They said they would address the letter when I send it, so any help on that front would be greatly appreciated

3 Not rang them yet but will do so this afternoon, thanks for the tip

4 Not got a listing date yet so the N244 will apply later no doubt.

 

Ran through a budget sheet with them today and I can meet the mortgage payment and arrears JUST after all else has been taken into consideration and I fall about 500 short of the catchup amount but I am working on that too.

 

If they could pop me on variable it would be great for both parties and IMHO it would be a logical last chance scenario but I do not hold out much hope...

 

The reason I fell behind was my wifes car cost us £700 to fix and she needs that to get to and from work.

 

TIA

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Hi there, I'll draft you a letter and put on here ether tonight or tomorrow so you can post it to them recorded delivery on Monday:)

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, I'll draft you a letter and put on here ether tonight or tomorrow so you can post it to them recorded delivery on Monday:)

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sorry - I got waylaid with another case - will do the letter and post up this evening.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sorry - I got waylaid with another case - will do the letter and post up this evening.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, apologies for delay. Letter affixed - you should send by recorded delivery, keep a copy and also the proof of posting so you can check on the Royalmail website in a few days to print off the signature receipt. Keep all safe together.

 

Also affixed is the budget sheet we use, you need to send that with the letter.

 

Ell

Battler 1966 letter June 09.doc

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, apologies for delay. Letter affixed - you should send by recorded delivery, keep a copy and also the proof of posting so you can check on the Royalmail website in a few days to print off the signature receipt. Keep all safe together.

 

Also affixed is the budget sheet we use, you need to send that with the letter.

 

Ell

Battler 1966 letter June 09.doc

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 3 weeks later...

Hi Ell-enn

 

Thanks for the letter, alas they said a big fat NO.

 

Also, I am now due for eviction on the 8th July and I am putting in my N244 tomorrow.

 

My defence facts are going to be this and any additional advice or wording would be appreciated (these are in no particular order)

 

  1. My wife is 7 months pregnant
  2. I have now been granted £900 a month WTC as I am now working for myself after losing my job due to disability (chronic ulnar pulsey)
  3. My wife earns £700 per month and I will add the P60 as evidence
  4. I am now classed as disabled (have the letter from DWP and will add it to evidence)
  5. I have tried to converse with the mortgage company and get changed to variable which would be £700 les per month
  6. I can meet the CMP plus £200 off the arrears until we switch to variable in 12 months...will show this in a budget sheet

Is this going to be me a chance? It will be my third hearing, will they throw it out and would it be best to go in represented by one of the courts money advice guys?

 

TIA

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Hi Ell-enn

 

Thanks for the letter, alas they said a big fat NO.

 

Also, I am now due for eviction on the 8th July and I am putting in my N244 tomorrow.

 

My defence facts are going to be this and any additional advice or wording would be appreciated (these are in no particular order)

 

  1. My wife is 7 months pregnant
  2. I have now been granted £900 a month WTC as I am now working for myself after losing my job due to disability (chronic ulnar pulsey)
  3. My wife earns £700 per month and I will add the P60 as evidence
  4. I am now classed as disabled (have the letter from DWP and will add it to evidence)
  5. I have tried to converse with the mortgage company and get changed to variable which would be £700 les per month
  6. I can meet the CMP plus £200 off the arrears until we switch to variable in 12 months...will show this in a budget sheet

Is this going to be me a chance? It will be my third hearing, will they throw it out and would it be best to go in represented by one of the courts money advice guys?

 

TIA

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Hi there, you are right to put in an N244, especially if you can show you are able to pay something towards the arrears.

 

You will need a copy of the letter you sent and their reply to go with the N244. I can help you draft a statement for Q.10 of the N244 which is the most important part. I can do it this afternoon/evening if you want me to?

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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