Jump to content


  • Tweets

  • Posts

    • Notice how Kev goes about his scam.  In Kahunaburger's case they left the car park well before the time shown on the ticket they had purchased.  But because Kev added on the time taken to look for a parking spot and queue to pay/try to get an internet signal he still sent them an invoice. So If you had left before the Justpark message, say at 3:55, Kev would still have managed to turn that into a stay of 4:06 and thus an overstay and an invoice. Unfortunately for Kev, judges have ruled against his reasoning.  Have a read of this famous case  http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html  
    • Its okay - It happens. And this is why DCAs  user every trick in the book to try and make you crack.  Now its time to come back.    Im not sure how to proceed if Im honest if they have issued a Letter Of Claim.  Only as You could complain to Oakbrook and they still proceed with Legal Proceedings, but I dont know if that would help or hinder the legal proceedings if they began down that avenue.  I know a FOS complaint wouldnt stop Legal Action and probably run along side it.  But I guess a judge would view a disputed balance with the original creditor as cause for concern whether the DCA's claim is valid?    A bit of a muddle.     
    • That is superb. To answer your question - Dear Mr Dhaliwal Change the sentence - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us ... To - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us contrary to the Equality Act 2010. Iceland have always been useless, not only in your case but in others, but I think if they realise they are breaking the law it will encourage them to act. I also think the letter is overlong and you could lose the paragraph - I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge - as the main points are made elsewhere.  
    • Hands up in the fact that i have probably F***** *P!!
    • Car Finance Awards celebrates best of the industryView the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Repossession Hearing Help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5645 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

Please can anyone help, I have been having a read of some of the threads and need some advice. We have a court hearing on Thursday for repossession, it was orginally in September but we managed to pay off a lot of the arrears on the mortgage and so GE Money asked for it to be adjourned. We have been struggling with money the last couple of years as I was on maternity leave and then could only return to work part time, im now about to up my hours at work as my daughter starts nursery in two weeks and Ive applied for the supervisors position at work and got it meaning my wages are going up quite a bit so we can now afford to start paying extra to clear the arrears.

We missed another mortgage payment so GE decided to take us back to court and this is why we have the hearing on Thursday, if anyone could advise us on what we need to take etc as obviously we don't want to loose our home, I was going to ring GE in the morning and explain that im starting work full time again in a couple of weeks and make an arrangment with them but we have tried this before and they wouldn't accept ours and wanted more than we could afford, which meant if we paid this one month we fell behind the next month as we were getting behind with other bills to try and pay the extra to GE.

Our arrears are £2400 and I am going to offer £100 extra on top of our monthly payment as we will be able to afford this as of next month, meaning the arrears will be cleared in 24mths but when we tried to make an arrangement the last time they would only accept an arrangement to clear the arrears in 18mths nothing more, if anyone has any advice

 

Thanks:confused:

Link to post
Share on other sites

DONT ring GE, all you will get is "Its down to the judge on the day of the hearing". Write everything out and take it to the court and hand it to the Judge, with a small child you should be classed as 'vulnerable'.

 

As soon as you have your arrears paid off ask for a Notice of Discontinuance, this means that GE need to start from the beginning again and can't just go back to the court as they have done now. Don't let them fob you off with 'it will stay for six years', that refers to your credit reference records....

 

Somebody else will be along soon with more advice.

Link to post
Share on other sites

dont worry too much about the court hearing you only need explain in detail the full story as to what you have written and beleive me a judge will be more than sympathetic,and since you have tried to be more than reasonable i would nt offer anymore than 25.00 more to make up for the missed payment this you will find will be accepted by a judge who will see that GE are acting unreasonably ,but in the meantime i will try to get one of the mods to help you through what you need to do before the court date but please dont worry too much

patrickq1

  • Haha 1
Link to post
Share on other sites

And once you get back on your feet you need to get those £40 charges reclaimed. I have a claim for approx 2k against GE - they offered me £1k within four days of the claim being issued - and I refused. After the hell GE put me through I want the whole lot.

 

Best of luck. As I am sure you know the courts will not even consider repossession if you can clear the arrears - they can even extend them over the whole remaining term of the loan.

  • Haha 1

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Ok the charges on our account are just under £2000, but I will claim those back once we get all of this sorted, last time I rang them they said we needed to start to pay the charges off once we had cleared the arrears as we are getting charged around an extra £20 a month interest on top of our payment because of these. We have a couple of other claims in against Welcome Finance and HFC Bank and were hoping that they would have paid up by now so that we could clear the arrears and not have to go to court!!

Link to post
Share on other sites

Yes we put in a defence but this was back in September when we were origianlly supposed to have a hearing, this time around we did not get sent any papers to fill in just the date and time and that it had been restored. Obviously our circumstances have changed a lot since then aswell.

Link to post
Share on other sites

Hi Mazj28, we can write a Statement for you to take to the court before Thursday explaining your circumstances. I can give you the right words just let me know when you are ready.

 

Kind Regards

 

Ell-enn

  • Haha 1

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.

Link to post
Share on other sites

Hi Ell-en

ok that would be great thanks, i am ready anytime im off work the next few days so will be on and off computer all day so just when is best for you. Again thanks everyone for the help

Link to post
Share on other sites

A big big thanks to everyone for their advice especially Ell-en for helping me with statement, judge was really nice was so nervous GE tried to go for repossession with 28days eviction, but the judge said as we had shown we could clear arrears he would suspend possession provided we make our extra payments of £100 each mth until arrears are cleared, so glad its over we are going to pay every spare penny we have to try and clear the arrears sooner if we can. Again a big thankyou 2 everyone

Link to post
Share on other sites

That's fantastic news - I've been thinking about you today, although I was sure it would work out. Hopefully you will be able to relax now.

 

I wish you the very best for the future.

 

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.

Link to post
Share on other sites

yes good news so pleased for you now you can sleep for the first time worry and stress free,no doubt within a day or so you will wonder why you have felt so much stress,when had you known some people on here could have helped sooner rather than later ,so now you are free have a good night on the beer lol drinks all round cheers from me and thanks to ell who has been wonderful and a blessing in disguise

patrickq1

Link to post
Share on other sites

Yes had the best nights sleep ive had in ages, still can't believe how nice the judge was I don't know quite what I was expecting, thanks to Ell-ens statement I didn't have 2 say a word or explain anything, he just asked GE for their figures and what he thought of the statement but their solicitor said due to our payment history and the fact we hadn't stuck to the previous arrangement (when we were forced into agreeing more as GE had said the most amount of time to clear arrears we could have was 18mths) they wanted possession, so I was all ready to put my point across when the judge said he would give a suspended possession and explained what it meant, thanks to this site I understood everything as I would have panicked if I didn't know what suspended possession meant. When we came out the solicitor asked for a few minutes as I hadn't seen him b4 (coz he was late) he asked about the statement I had given to judge so I gave him a copy and was on my way. The day b4 when I went to hand statement in I was in tears when I left, so I was dreading yesterday but I left feeling over the moon. I can now concentrate on going back to work in a week and also getting some bank charges back to help clear of the arrears, as soon as we are sorted we will be making donation to the site, coz it and every1 has helped us so much!

Link to post
Share on other sites

good for you maz its a good feeling that you can now restore your pride somewhat and be able to relax no more family arguements through stress no more snappin at anyone and everyone,this will change your life so now you need to be on top of it all and get your life back as you are now in control and if you get pressure from the banks etc you know excactly where to turn for that help this also includes finance/health and benefit questions so dont be afraid to ask on site

patrickq1

Link to post
Share on other sites

  • 2 weeks later...

Hi Everyone

 

Please can someone give us some advice, we have received a letter from GE this morning dated the 21st April 2008, it states thankyou for contacting us (which we haven't)

 

It then goes on to say that unfortunately your offer of payment is insufficient to service your account satisfactorily, we require you to make an increased offer of payment. If suitable increased monthly payments can be agreed, we will still be prepared to request a suspended possession order at the forthcoming hearing. if payments cannot be agreed, we will request an absolute possession order enforceable in 28 days. When this order becomes enforceable, we will be able to request a Baliff's apppointment. Please give this matter your immediate attention and we look forward to receiving your increased proposals.

 

I have rang them and asked why this was sent when we alreay have had court hearing on the 10th and the judge ordered a suspended possession in that we pay £100 extra on top of our monthly payments, and that our first payment is due 1st May, and they have said that this letter must have been sent out in error and to disregard it, we are just a bit worried now they can't ask for another hearing for us to up our payments can they? We haven't received anything from the court with regards to another hearing just letters confirming that I attended hearing on 10th and that possession was suspended on the the above grounds. Does anyone think this is an error or are GE upto something?:confused:

Thanks Maz

Link to post
Share on other sites

They have got their knickers in a twist I would send back a recorded delivery letter refering to your convesation telling them you want confirmation that this was an error and £100 credited to your account for agrivation ect otherwise you will report them to the FSA for harresment

 

As long as you pay the court order they cant touch you

Link to post
Share on other sites

Agree with Bona:)

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.

Link to post
Share on other sites

i would tend to agree but really it is now is the time to SAR GE and get the full figures of charges and get this straight back to the court to reclaim these charges but wait till the judgement tommorrow before you do this but you do need to SAR ge , it seems some of the facts are missing such as the penalty charges and excess intrest charges is it possible you can send us the figures cause i beleive you have a further claim against them, since they were not prepared to let sleeping dogs lie now is the time for you to be insisting the removal of the excess charges and then it should reduce your bill also it seems they are going against the judges decision which hopefully will not look to favourable for them if this came before the judge who i am sure would be quite keen to show them that their attitude stinks

patrickq1

Link to post
Share on other sites

Ok well I will get a letter sent off firstly asking them to confirm that this letter was sent in error, what do you think the chances are off them crediting our account with £100 will give it a try though! I will also get a SAR sent off to them, I know the charges are nearly 2 grand and they have told us over the phone that we are paying about £20-30 extra interest on top because of these charges, but I will send the SAR first and get the definite figures.

I couldn't believe it this morning when we got this letter, I knew it was off them before I opened it and thought it would be just confirming the suspended possession order as they should have had a letter from the court regarding the order of £100 to be paid extra as we received the letters from court on Saturday. Do you think they have received the court order and thought they would write to us and try and get us to pay more than the court ordered?:evil:

Link to post
Share on other sites

Hi, when you send them your letter enclose a copy of the letter they sent you and a copy of the order you received from the court, and of course send by recorded delivery!

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...