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    • Here's something I'm hoping to clarify before I get in trouble for it:   There is a street close to where I live that was transformed into a temporary Pedestrian and Cycle Zone due to a school that's there. I know I can't enter it during those times, but can I be fined for having my car parked on that street while the zone is active? So far I have only heard one interpretation, from my neighbour, who said you can have your car parked there and you can exit the zone while it is operational, oddly enough, but before I take her word for it I want to get some more opinions on the matter.   For reference, here is what the Council's own website states: "It is an offence to enter or drive in an active school Street without a valid school street permit." (emphasis mine) Would this prove my neighbour right or can they still find a different interpretation to it that would carry the risk of a fine if I park my car there?   The sign for the zone is very similar to the image attached below, only different operating times.      
    • good i can see where you got that from  pers i'd put back, suitable adapted the line:   3.Throughout this period XXX only ever served estimated bills which were grossly over estimated with values unrelated to actual use. There was and still remains an unresolved dispute with XXX which was never resolved prior to the assignment of the alleged debt.
    • Hi Mr S,   Read other threads here posted over the last year or so.   We pretty much advise the same thing - ignore demands from the gym, their admin company, any DCA they use and any legal firm they use.   No need to engage with the gym or admin company to discuss or argue your wish to cancel - it'll get you nowhere.   If you want to leave the gym now, just give a month's written notice then cancel the DD m,andate .   If you want to cancel from October 2021, confirm this to the gym in writing early October, allow the final DD to be taken in October, then cancel the DD mandate.   You'll see from other threads that no action is taken to claim money and gym m/ships do not affect your credit records.
    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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Tilly V mortgage express repo


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My house is being repossessed on the 27th may 2008,the court order says i can apply to the court to stay the eviction,we have had the house on the market and lowered the price hoping to sell it quicker. If the house is repossessed im worried that there will

be a shortfall.I know that i need to fill in a n244 but need help guys.

We were ok until December when my O/H had a car crash and and has been unable to work and everything went pear shaped i need to get this sorted asap . I know i cannot save the house and realise it will have to go,which is why i put it on the market,but would rather sellit then have it taken away by mortgage express.Any advise would be most welcome as i having a nightmare at the mo.:Cry:

 

 

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Hi Tilly, I'm sorry to hear you find yourself in this position. However, I can help you with the N244 especially part 27 which is the most important.

 

Did you return defence papers to the court and attend the first hearing? or did the lender get possession in your absence?

 

You say you won't be able to save the house - are you sure? the judge can order the arrears to be paid over the remaining term of the mortgage if necessary.

 

Try not to panic too much, there are still things we can do.

 

Kind Regards

 

Ell-enn

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Ok theres a few things you can do in the meantime.

 

1st - change the avatar, it will not help the nightmares;)

 

Are you paying full repayments or interest only at the moment?

If the mortgage was up to date could you afford to stay in the house?

Have you had much interest in buying the house? What are houses selling like in your area at the moment?

If you sell the house for the current asking price, will it cover all the mortgage, estate agent fees etc?

You need to apply for the stay against eviction so that you can retain control of the sale.

Have you read the mortgages forum, there has been quite a few cases like yours in there.

And how much of the arrears are charges?

Consumer Health Forums - where you can discuss any health or relationship matters.

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My husband put in defence but I did not see them and was absent from the hearing because he didn't tell me about it. I have not seen exactly what he put and have asked him and he explained the situation. Can I ask the court for a copy as he didn't keep one.

 

 

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Has he told you what was agreed at the hearing? Have you been making any payments recently and could you afford the mortgage payment + something towards the arrears going forward?

 

You need to get an N244 in as soon as possible - you can download the form here Her Majesty's Courts Service - Home

 

Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. You can then print off the form and I will help you through it. If you an answer Gizmo's questions in her post we will take it from there.

 

Kind Regards

 

Ell-enn

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Ok theres a few things you can do in the meantime.

 

1st - change the avatar, it will not help the nightmares;) Beatch:p

 

Are you paying full repayments or interest only at the moment?

Interest only

If the mortgage was up to date could you afford to stay in the house? If I worked silly hours but I'm knackered now after five 14 hour shifts and I'd have to do 6 out of 7 a week to pay the mortgage and live.

Have you had much interest in buying the house? A fewWhat are houses selling like in your area at the moment? Starting to pick up because I've seen quite a few sold signs around.

If you sell the house for the current asking price, will it cover all the mortgage, estate agent fees etc? Just about

You need to apply for the stay against eviction so that you can retain control of the sale.

Have you read the mortgages forum, there has been quite a few cases like yours in there.

And how much of the arrears are charges? I'm on the case on that and doing a SAR.

Thank ooo :oops:

 

 

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OK, the main thing is you need to keep the roof over your head while you decide to sell or not. Is there any prospect of your husband going back to work in the near future?

 

Download the form in the meantime and I will come back to you in the morning to help with it.

 

Please try to stay positive, we will help you as much as we possibly can.

 

Kind Regards

 

Ell-enn

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OK, the main thing is you need to keep the roof over your head while you decide to sell or not. Is there any prospect of your husband going back to work in the near future?

 

No as he broke his back

 

Download the form in the meantime and I will come back to you in the morning to help with it.

 

 

Please try to stay positive, we will help you as much as we possibly can.

 

Kind Regards

 

Ell-enn

Thankyou

 

 

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So glad to see your getting the help now Bill. xxx ;)

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Originally Posted by gizmo111 viewpost.gif

Ok theres a few things you can do in the meantime.

 

1st - change the avatar, it will not help the nightmares:wink: Beatch:p

 

Are you paying full repayments or interest only at the moment?

Interest only

If the mortgage was up to date could you afford to stay in the house? If I worked silly hours but I'm knackered now after five 14 hour shifts and I'd have to do 6 out of 7 a week to pay the mortgage and live.

Have you had much interest in buying the house? A fewWhat are houses selling like in your area at the moment? Starting to pick up because I've seen quite a few sold signs around.

If you sell the house for the current asking price, will it cover all the mortgage, estate agent fees etc? Just about

You need to apply for the stay against eviction so that you can retain control of the sale.

Have you read the mortgages forum, there has been quite a few cases like yours in there.

And how much of the arrears are charges? I'm on the case on that and doing a S.A.R - (Subject Access Request).

 

 

Thank ooo :oops:

Ok well there really isn't much point in trying to hang on to the house long term then, its not going to do your health any good, no point working all those hours just to keep a roof over your head.

 

With your husband being ill are you claiming all you are entitled to, benefits wise - check here www.entitledto.co.uk and do a check.

 

When you move which I guess will be to a rented property, will you need any special disability adapations to the property to aid your husbands mobility and quality of life? What is the rented sector like in your area? It will be worth contacting the local council to see if they would consider you homeless and in social need and a priority when you have to move.

 

Have you included any ERC's that may be due on the mortgage, and the fact that you may well have to take a reduced offer - 5% below asking is the accepted norm at the moment. You will also need to make provision that if you move to private rented you will need a deposit and rent in advance as well as letting agents fee, and a credit check will be done.

 

ME will respond to your SAR on day 40 exactly.

 

 

Consumer Health Forums - where you can discuss any health or relationship matters.

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I have contacted the local council and even had a meeting with them,but in thier

words we have no chance and have been put in the low band.

 

If ME respond dead on 40 days that will take it well over repo date :o

 

 

 

 

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Just a thought, but do you have any personal accident insurance? - sometimes it is included in your house insurance

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Hi Ell-enn

Have just checked insurance, and no personal accident included.

 

 

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Hiya, what about the car insurance? also, a friend of mine has accident cover with her credit card (trying to think of anything at the mo!)

 

There is some case law we can use in your N244 to allow the judge to give you time to sell the property - so fingers crossed you should be able to stay there for a while. Also, is your husband classed as disabled?

 

Ell

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Hi Tilly, with you all the way my friend.

 

Will do what I can as you have always been supportive to everyone on this forum and we owe you a lot. ((((hugs)))) :)

 

Just thinking aloud, so bear with me....

 

Similar to Ellen's question, any other type of insurance- endowment (surrender value), etc? Is it possible to claim anything for loss of O/H earnings through the car insurance, for injury, perhaps, maybe even insurance on a credit card?

 

This is probably a very long shot, but when you took out this mortgage, was it well within your means when you were both working, were your outgoings accurately reflected? Did the valuation of the house accurately reflect selling prices in the area when you took the mortgage out? (Those types of issue however are not going to be of help in the short term, but might be something that you can pick up on.)

 

Re sale prices of homes in your area. Do a google, as there are several web sites offering recent house sale price information, although this can be 4- 6 weeks out of date. This might give you a better idea of what your house might sell for in your post code area.

 

Re another house, don't just concentrate on Local Authority, try local housing associations. Where do you live and I will get a list of them and contact details. A letter of support from councillor and MP might help here as might a letter from GP- consultant? Any dependent children or people that you have a reponsibility towards ie caring for?

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

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Thankyou Kennythecelt:)

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You could also contact Shelter 0808 800 444

 

Ell

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Ellens right. Here's a link to their web site to save you time.

 

Shelter England: the housing and homelessness charity

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

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Thankyou Kennythecelt:)

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Hi Tilly, let me know when you're ready to start filling in your N244.

 

Ell x

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Tilly, this is stating the obvious but it has not been referred to yet on this thread.

 

What charges have been made by ME for late payments, letter charges, returned DD charges etc?? That can soon add up, with interest etc.

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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Wishing you all the best and hoping that you get the outcome you want Tilly :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Hi Tilly, with you all the way my friend.

 

Will do what I can as you have always been supportive to everyone on this forum and we owe you a lot. ((((hugs)))) :)

 

Just thinking aloud, so bear with me....

 

Similar to Ellen's question, any other type of insurance- endowment (surrender value), etc? Is it possible to claim anything for loss of O/H earnings through the car insurance, for injury, perhaps, maybe even insurance on a credit card? Could'nt claim loss of earnings as was temp contract,which they ended week after accident.

 

This is probably a very long shot, but when you took out this mortgage, was it well within your means when you were both working, were your outgoings accurately reflected yes it was well within our means when we were both working

Did the valuation of the house accurately reflect selling prices in the area when you took the mortgage out? (Those types of issue however are not going to be of help in the short term, but might be something that you can pick up on.)

 

Re sale prices of homes in your area. Do a google, as there are several web sites offering recent house sale price information, although this can be 4- 6 weeks out of date. This might give you a better idea of what your house might sell for in your post code area.

 

Re another house, don't just concentrate on Local Authority, try local housing associations. Where do you live and I will get a list of them and contact details. A letter of support from councillor and MP might help here as might a letter from GP- consultant? Any dependent children or people that you have a reponsibility towards ie caring for?

We have one dependant, you a mind reader kenny got gp appointment tomorrow :) I live in

northamptonshire.

 

 

Tilly x

 

 

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Hi Tilly

 

here is a link for contact details of all Housing Associations within Northampton District.

 

http://www.northampton.gov.uk/downloads/HousingAssociationNewContactList.pdf

 

Generally, unless the council has introduced a single tiered waiting list agreement with the Associations, it means a separate application to each. Shelter or CAB might help here, but the homeless officer also has a responsibility as they must give you housing advice.

 

Most of them will have a web site and you never know, you might also find that they have some available properties currently listed- just a possibility.

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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What sort of accident was any one to blame may not help know but could in the future

 

 

The accident was a car crash, no one else was involved, was caused by

fog and ice.

 

 

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HOW NOT TO CLAIM...Click here!

 

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