Jump to content


  • Tweets

  • Posts

    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
    • Developing computer games can be wildly expensive so some hope that AI can cut the cost.View 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

blemain-eviction notice


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5530 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

i'll try and keep this to the point,but i'm so upset.we've had quite alot of bad luck over the last couple of years-mum was critically ill,then youngest son had meningitis.then i had more time off with an industrial injury and huge car repair bills-one thing after another.we ended up with a suspended possession order with this god-forbidden company and now have £1300 arrears on the arrangement.through the bad times i have kept in contact with them and have been paying £200 a month over the installment figure.i paid £500 at the end of feb,£50 end of march with an agreement to pay a further £450 on april 14th by cheque ,as our bank had taken bank charges in error and we were waiting to have them re-imbursed.i sent a xheque on april 13th and the following week they issued an eviction application stating that i should have paid by credit card on april 14th ,not by cheque. I know I didnt agree to a card payment as they have taken un-authorised card payments in the past so I avoid using it!I ahve also paid afurther £500 on april 29th.We have had notice that we are to be evicted on 13th may despite keeping to our arrangement-please help-i dont know what to put on the form to request suspension of the eviction-I know i can kep the £500 a month up as arranged-i feel betrayed

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

Hi there, firstly - don't panic. No judge is going to take your house away from you when you have been making payments as you have.

 

I can help you with the form to apply for a hearing to stop the eviction. Just let me know when you are ready and I'll guide you. From the information you have given in your post I can start to draft the statement for Part C of the form and we can finalise it when you are back on line.

 

Stay positive, we will help you as much as we can.

 

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

gosh-telepathic?-thankyou so much ell-enn.i have the form ready to complete.hoped to get it in this am-I'm so worried we will lose the house for the sake of this small amount-

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

Hi there, OK I'm working on the details in your post at the moment, but will get back to you soon for more info.

 

If you take the form into court this afternoon you should get a hearing next week.

 

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

hi jubaxt

 

This is one of the worst firms I have had the mis-fortune to get mixed up with so I sympathise totally with you.

 

I had un-authorised payments taken from my bank account by them and it took me 6 months of hell to get it returned.

They have a habit of "losing" letters sent to them even when sent recorded.

 

If you have a good paper trail and proof of all the payments you have made then as El-enn says no judge will grant the eviction.

 

Good luck

Link to post
Share on other sites

  • 2 weeks later...

well folks-just arrived home from court.theres good and bad news

 

firstly,we arent going to be evicted tomorrow which is good news but,good old blemains representive told the judge we had only paid £500 since december when infact we have paid £450 end of feb,£450 during april and £500 beginning of may.Both parties have to provide witness statements over the next 2 weeks.Blemain have to provide payments made details, and I have to respond to this and also provide supporting evidence of payments made.There will then be a later hearing date fixed.Grrr-talk about blemains inadequacies.I will have made a payment of at least another £600 at the end of may so at least this has bought us more time I suppose.:confused:

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

THANKS-WELL DONE YOU!!!!Just been reading your thread-glad to hear you escaped the leaches too!!

 

Terrifying isnt it.I really didnt want to lose my house for the sake of less than £1500

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

Im sure you can prove your payments when you do at the next hearing ask that you dont have to pay the costs of that hearing or there charges for preparing the witness statement as it was there mistake otherwise you will find Solicotrs cost on the account for many hundreds

Well done

Link to post
Share on other sites

Hi there, if you need any help with your witness statements let me know. Well done for being brave - I'm sure you will be OK in the end.

 

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

Thanks Ell-enn.xx

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

Hi

 

Well done you. I'm sure everything will go in your favour in a couple of weeks and so long as you have proof of payments hopefully the judge will rip into BF for what they have done.

Link to post
Share on other sites

Hi all, im still looking into my redemption fees with these cowboys, although i was in mortgage to the lancashire mortgage corporation, when i redeemed my solicitor had to make the cheque out to Prime Business Loans, has anyone heard of them, ive had no dealings with them and cant find them reg at companies house? ..Gc

Link to post
Share on other sites

:-xjust got charges list from blemain-quick glance tells me they have taken over £200 a month in fees:o-can i use this info against them either on my witness statement or at the next hearing-it out weighs what i owe in arrears by a long way.

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

How on earth have they got to £200 a month in charges??

 

The charges are added on to the outstanding mortgage, not included in the arrears. So what you pay towards your arrears will reduce the arrears.Usually the charges are settled when the mortgage is paid off, but some lenders ask you to start paying them off monthly after all arrears are paid.

 

If you do bring the subject of charges up in your witness statement, make sure it is VERY clear to the judge that they are not included in, or added to, your arrears, but to the outstanding mortgage. Some judges have mis-understood this and thought that there was little or no chance of the arrears being cleared and given possession.

 

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

right-update folks

 

i have received a list of charges totalling £4462.30(excluding legal costs).

 

 

calls/letters=£52.89+£88.15+£35.26

default=£35.25

pre-lit charge £82.25

court issue fee=£150

instructing solicitors=£176.25

post-litigation charge=£117.50+£235

professional fees £255.10

returned payments 8X£30=£240

 

+£2820=12 months @£235 post litigation charge

 

blemain were ordered by the judge to

 

1)-the claimant shall by 16;00 on 19th may 2008 file in court and and serve on you a witness statement as to the current position of the account with the schedule showing payments since february 2007.

 

I am supposed to respond to court and blemain a witness statement in response to this but nothing has been received either by the court or myself at 15:30.

 

I have spoken to blemains solicitors and thay have confirmed that I have made the payments that I mentioned in court,so in effect

 

What should I do next and how to I ensure I do not amass extra costs because of blemains inaccuracies

 

many thanks

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

OK wait untill tomorrow and check again they have until 4.00pm today can fax it over then wait untill your next hearing date keep paying when you get the hearing date do a witness saying that that they have not complied andlist everything that you have paid

Link to post
Share on other sites

Also as the paying party you are entitled to see invoices of all amounts put on your account so write and ask for copies of Solicitors bills ask what post litgation charges are what are proffessional fees ask for invoice

Link to post
Share on other sites

ta bona-got a hearing date for 23rd june of all days-(should have been away that weekend)

 

I think I only have to go back because of blemains incorrect info in court about payments.

 

What can I do to prevent more fees because of their error?

 

i am going to make another payment on friday and ,if i cant pay all the arrears this month,intend to pay them off on june 25th.

 

what happens if the judge decides to throw out my application for a suspended warrant of eviction?-i wont be thrown out on june 23rd will i?

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

NO it will take time to get the warrent at least two weeks and if that is the case we can appeal , Ok just keep paying and wait untill tsay the 14th June then do another witnes statement or even before if they come up with one

 

 

 

Take care

Link to post
Share on other sites

there fees are NOT reasonable if they have incurred a second hearing because of there mis information you might have a case for them not being allowed to put on their fees

Edited by Bona
left ou a word
Link to post
Share on other sites

thanks so much bona;)

 

right-so do i do a witness statement and take it to court by 26th may?(as requested by the judge)-even though blemain may not have provided a list of payments received ,i thought i could mention this and also re-iterate what i know i have paid(+ it will show that i will have paid another payment since the last hearing).

 

then prepare another witness statement before the hearing on june 23rd.do i take it into the hearing? or do i take it to the court office on june 14th ish so the courts read it before the hearing?

 

sorry for seeming so dumb but....

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...