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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 document which has been withdrawn.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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blemain/together mortgage - now on 3rd eviction notice - Friday 11th Dec


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I have been a lurker for some time now, but now need some advice.

 

I have received details of a possession hearing from Blemain Finance for a second mortgage and desperately need some help with it.

 

The form to complete from the local county court does not stipulate any reply timings

and we have trying to get as much imformation together as possible before completing it.

 

However, the hearing is early next week and we have spent the weekend getting all the information I can together.

My husband and I are self employed and because of one client going into receivership, another retiring and a third changing supplier.

I have not been able to make a payment to them since the end of May.

 

I have several broken agreements with them because of losing these clients.

I have paid them around £38,000 since starting the £46,000 loan in 2008

and only started having problems in 2012 when I ended the year just under one month in arrears,

 

 

By the end of 2013 we were around three and a half months in arrears

but had entered into an agreement with them where we were paying the monthly repayment plus £71,

 

 

however, I could only keep this up for six months and we are now around £4,100 in arrears,

 

 

I may be able to reduce this by £700 before the hearing but this depends on when we are paid.

 

We are currently rebuilding the business and have good prospects in the pipeline, but with this hanging over our heads it’s very difficult.

 

Are there any reasonable grounds on which I can request the order to be set aside,

or are the county judges obliged to grant anything over two months in arrears?

 

 

I am worried that we have a bad month and can’t make the payment on time and lose the property,

 

 

Although in arrears with our main mortgage we are tackling that and only have one year left on that, albeit it will take two years to clear.

 

There is about £550 difference between what they say I owe and what I have calculated and I guess this is various admin fees etc.

 

Any advice will be gratefully received.

 

Thanks,

 

Sara

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are your main provider aware BF are doing this

they wont like it one bit

 

I bet both mortgages are littered with PENALTY/Arrears charges

and various 'compulsory' insurance YOU CAN RECLAIM.

however doesn't help you immediate problem. dx

 

the regular BF haters should see this soon and help

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you received a clear and understandable up to date statement,

 

one line of defence is you cannot defend against a sum that you have not had the chance to scrutinise /analise.

 

This may not be enough on its own, but may earn you an adjournment.

 

Have you any valid reasons to launch a counter claim, CCA unfair relationship 140 etc.

 

Do you know of any charges and have they been charging interest on the charges,

 

i dont know how long you have had the loan but look back as far as you can.

 

Sorry i can't be of more help.

 

Not sure about setting aside with out valid reasons.

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received a statement in their witness statement received about 10 days ago.

 

There are arrears fees and interest applied on them.

 

Had the loan for 6 years into a 15 year term.

 

The charges and interest contribute to the difference I have of £550.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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relevant guidance from the fca-

 

Proportionality

 

CONC 7.3.14

01/04/2014

FCA

 

(1) A firm must not take disproportionate action against a customer in arrears or default.

 

[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]

(2) In accordance with (1) a firm must not, in particular, apply to court for an order for sale or submit a bankruptcy petition, without first having fully explored any more proportionate options.

 

[Note: paragraph 7.14 (box) of ILG]

 

 

CONC 7.3.15

01/04/2014

FCA

 

A firm should not make undue, excessive or otherwise unfair use of statutory demands (within the meaning of section 268 of the Insolvency Act 1986) when seeking to recover a debt from a customer.

 

[Note: paragraphs 7.10 of ILG and 3.7n of DCG]

 

Enforcement of debts

 

CONC 7.3.16

01/04/2014

FCA

 

A firm should not take steps to enforce a debt if it is aware that the customer is subject to a bankruptcy order (or in Scotland where sequestration is awarded in relation to the customer), a debt relief order or an individual voluntary arrangement (or, in Scotland, a protected trust deed or a Debt Arrangement Scheme).

 

[Note: paragraph 3.9h of DCG]

 

CONC 7.3.17

01/04/2014

FCA

 

A firm must not take steps to repossess a customer's home other than as a last resort, having explored all other possible options.

 

[Note: paragraphs 7.14 of ILG, 3.7t of DCG and 6.3 of SCLG]

 

CONC 7.3.18

01/04/2014

FCA

 

A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford.

 

[Note: paragraphs 7.14 of ILG and 3.7i (box) of DCG]

 

CONC 7.3.19

01/04/2014

FCA

 

Firms seeking to recover debts under regulated credit agreements secured by second or subsequent charges in England and Wales should have regard to the requirements of the relevant pre-action protocol (PAP) issued by the Civil Justice Council. The aims of the PAP are to ensure that a firm and a customer act fairly and reasonably with each other in resolving any matter concerning arrears, and to encourage more pre-action contact in an effort to seek agreement between the parties on alternatives to repossession

 

AND see here especiallyCONC 15.1.1401/04/2014

FCA

Where a firm considers taking action to repossess a customer's home, it should, where permitted, establish contact with the holder of any charges in priority to the firm's charge to minimise adverse impacts on the customer.

 

http://fshandbook.info/FS/html/handbook/CONC/15/1

 

 

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi there, the lender cannot include arrears fees in the arrears amount they are claiming and if that is what they are saying on the claim form then the figure they are pleading is wrong. What date is your hearing? we should be able to get a defence statement done over the next day or so - could you deliver it to the court by Friday?

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Thank you both for your ideas.

 

The hearing is next Monday and I can deliver it to the local court office before then, though time is running out quickly.

 

The charges are described on the statement as "Monthly Charge - Arrears" at £48 each. There are six of these since the loan was taken out and the interest is added to this figure which gives us the total figure from which the arrears are calculated.

 

However, these are quite small in relation to the total arrears. Would the court accept it as a defence or laugh it off?

 

Is it too late to file the defence online under the MCOL system?

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Is it too late to file the defence online under the MCOL system?

 

As the hearing is next week it's best to hand deliver the defence to the court.

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Thank you for that ray of hope Ell-enn, I will deliver it by hand once the defence is completed.

 

The difference I have between my calculations for arrears and theirs is the fact they have been charging arrears fees and interest on top of that, and the extra interest on the balance due to the missed payments.

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Can you let us know what you are putting in your defence please, just so we can check you have included everything that's necessary. It should be concise and to the point - have a look at how to set out a statement on page 13 of the guide here : http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession. You can also download the budget sheet from the second post in the guide thread.

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Hi Ell-en, my husband rang Blemain collections this morning to see if they would agree to the monthly payment plus £100 towards arrears until they are cleared.

 

He explained that I had had several angina attacks and was currently undergoing tests for diabetes - just got back from blood test for this. This would have cleared the arrears by October 2017, whereas the previous arrangement they agreed would finish in April 2021.

 

We also have a very sick 12 month old puppy that we believe is from a puppy farm and needs constant visits to the vet - we didn't mention this.

 

They said based on our history and broken arrangements they couldn't do anything and it would be up to the judge to decide on Monday and that they would be applying for the full arrears to be cleared within 28 or 56 days.

 

They do read out the monthly arrears charges after every call to them - does this protect them?

 

We have had a very rough three years and just want to sort it out.

 

Our only defence is there arrears charges and the interest on them - would the court accept this or is it inevitable we will lose our home? Without the mortgages we have/had around £300,000 in equity.

 

Thank you for any advice.

Edited by Sara55
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Would you like me to draft a defence statement for you ?

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OK, can you answer the following questions:

 

Is the mortgage in joint names?

Do you have any children living at home?

Do you have any documentary evidence of your medical condition (letter with hospital appointment for tests etc)

Have you completed the budget sheet yet?

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Thank you Ell-en

 

Both mortgages are in my name only.

We do not have children

I will have letters from the hospital specialists which will confirm I have angina including angioplasty operations twice to see if my heart required stents. No proof of diabetes as I only have had blood tests which are handed in when the tests are taken so the hospital knows what to check for.

I will finish off the budget sheet this evening but have all the figures ready,

Edited by Sara55
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Excellent - would you mind emailing the budget sheet to me when you have completed it? I'd just like to make sure there's nothing the other side can pick holes in (if you know what I mean) my email is [email protected] (there is no space between the c and o - the site just shows it like that). Put a message on here to say when you've sent it so I can look out for it.

 

I can then complete the statement tomorrow morning and you can take it to the court. :)

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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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Of course I will, should have it around 7pm - it that ok, or would you prefer earlier?

 

It is based on the figures I gave Blemain in June when they agreed £25 a month, but are they shown this info.

 

What has always been difficult for them to understand is being self employed and on a tight budget, you cannot say exactly when you will be paid and I am sure their representative will focus on the number of times the arrangements have been broken. However, at times it was just a question of advising them I would be a few days late with a payment, but they made me sound like a serial killer when I mentioned this.

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This evening is fine :)

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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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I've got the emails and replied

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, affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the budget sheet - write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Now assemble as follows:

Statement – signed

Budget Sheet - Appendix 1

 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you hand it in to the court ask the court staff if there will be any free legal advisors on duty on the day of your hearing – if so, you can approach them and they will accompany you into the hearing and support you.

 

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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