Jump to content


  • Tweets

  • Posts

    • They come under "Budgeting or crisis loan repayment", but I know these were paid off years ago through my JSA.   This is why I've asked via phone, email and writing for a written statement of what these so called "Budgeting or crisis loans" are, but I just get silly answers back or they just literally ignore my letter.   The recorded-signed for letter I sent was literally ignored despite me having record that it was received by them.   Is there an ombudsman or 3rd party watchdog which I can complain to? I think they're taking my passive/calm anture as a weakness and are literally taking the mick.
    • You do realise all your pers details are shown in file info/properties?   It's why our upload guide states use pdf only    Dx
    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter.   1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations. Unless of course, CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry. If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.     When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015.   3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”.   Based upon that evidence, I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking. The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also, nearly double that of what a council parking charge would be.   I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor.   4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL, I believe, are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.   5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum. Please specify which it is.   6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book, updated October 2017.Here is the section you need:-   “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information.   While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however, you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs, and cameras.   7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis. Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.  Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely   Obviously i changed the name from CEl to Parking Eye.   Attachment removed docx shows personal details please use pdf (BN)    
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
  • Recommended Topics

  • Our picks

  • Recommended Topics

House Repossession


madjenny1
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5032 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

Does ayone know how many months you need to be in arrears legally for a bank to start proceeding...I ask cause I am not quite 2 months (£374.00 a months and arrears of £703.00) behind now and I have received some threatening letters saying if I dont pay the outstanding arrears they are going to start them. The strange things is, I was at one point £1900 in arrears and have worked hard to get this down to the above amount, which they accepted and now I am nearly at the goal they threaten this if I dont clear all the arrears in 14 days. Any advice anyone. :)

Link to post
Share on other sites

Hi there, it's probably one of their computer generated letters which is triggered because you are just over 1 month in arrears. Who is your lender?

 

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

The lender is Barclays. I must say they are not that bad to deal with, they normally expect my offers, although they are very snotty, I hate calling them, I always feel like they are looking down on me. thanks for the advice Ell-enn.

Edited by madjenny1
left some information out
Link to post
Share on other sites

Hi, don't feel intimiadated by them - as you say, you have worked hard to get the arrears down and kept ot your agreement. Perhaps a short letter to them reminding them that you have kept to the payment arrangement they agreed with you and quoting that their action is contrary to the Civil Justice Council Consultation Paper – Mortgage Arrears Protocolwhich lenders are supposed to adhere to. Send your letter by recorded delivery and keep the receipt with a copy of your letter. You should then receive an apology:). If you need help with the letter let me know.

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

Thank you for your advice Ell-enn...I did send a letter to barlcays, stating the points we talked about. Today I received a letter back saying in order to help you with this matter, we have arranged for our debt conselling agents to visit you at home to discuss your present finacial circumstances. The charge for this service is £82.25 which willl be debited to your mortgage account???..omg what, as of today my arrears is £668, so anyone can clearly see it coming down, now that have charged me this amount, putting the arrears up for a service I dont require!...Is there anything i can do about this?..could you possible help me write a letter saying I dont want this service and certaintly dont want to pay for it, causing me to be in more debt, as I am sorting things...tks..:)

Link to post
Share on other sites

We had our mortgage with the Halifax, now paid off thankfully!:)

 

We had stages of going into arrears, had to say they were very sympathetic, but at one time I had a card from them telling me they were sending a Debt Councillor, when we had been managing the arrears quite well. I contacted them immediately, and told them I did not want advise from a Debt Councillor, they backed off straight away!

 

My advise would be, phone them and tell them, NO THANKS!!!:D

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

Link to post
Share on other sites

Write back to them straight away (by recorded delivery again), telling them that you have not asked for any help with debt management, you do not want a visit from their recommended advisor and you will not be paying for a visit you neither need nor want. Tell them you will get (or are receiving) advice from the Citizens Advice Bureau where you will be taking their letter !!

 

If you need any help with the letter let me know

 

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

  • 4 weeks later...

Hi its me again..:(...I did as you suggested Ell-enn in your last post. In the mean time, I received a letter from the solicitors involved saying as my arrears are within normal repayment limits, they will not be dealing with me anymore and all equires now regarding my account, should be direct with the mortagage company..woohoo only £550 of arrears to go now..(surely this is proof, I am doing all I can??) However today I have received a letter from the mort company, saying they have debited my account with £82.50 and their counsilling agents would be in touch to make a suitable appointment time????...what now?..I have told them I dont want this!..I am trying to clear arrears asap and am, yet they are adding this when i dont want it or need it?...pls help not sure what to do now...tks..:)

Link to post
Share on other sites

Don't they make you mad :mad:

 

Did you send your letter by recorded delivery? Write again (bu special delivery this time) enclosing a copy of the letter you originally sent together with the print off of the receipt for their signing for it from the royal mail website. Tell them in no uncertain terms that you will not be paying for a service you neither need nor want as your arrears are reducing in line with the payment plan you gave them. Finish your letter by saying if they do not remove the charge then you will report them to the FSA, OFT, Council of Mortgage Lenders etc etc.

 

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

Yes they do make me so mad..:mad:..I feel like they want me to get into more debt so they can just piling on the charges..grrr....thanks once again for your advice Ell-enn, I will get straight onto it again and let you know when i hear from them again...have a great weekend...:)

Link to post
Share on other sites

Sent my letter off today. While I was out today, someone called at my home, leaving a letter asking me to call them from the counsilling service??.I wasnt going to call, them but the guy on the letter stated he would kept calling at my home until I did!!!.So I called him and explained everything, including that the banks lawyers had closed my file as arrears were low and that I was on a payment plan with bank and thus didnt need his service of £82.50. He said bascially he wasnt asked to come and visit me on a fee paying counsilling service, yet more to collect the debt (arrears)???.He said he had to come? I explained "no" as I was sorting it out myself, and have sort advice. He insisted, I said whats the point? I am paying etc etc and I didnt want to be charged, he tried to assure me I wouldnt be. I stuck to my guns and eventually he said he wont visit me for now but will contact my Mortgage for further advice then contact me again. I am not at my wits ends, what should I do now?..Pls help, I know he will keep trying to come back and dont you think it seems funny he is saying I wont be charged, when i already have, I know if I agree to meet him I wont get a refund of my money...:(

Link to post
Share on other sites

Hi, was there an address on his card? or fax number? If so you need to write to him by recorded delivery (or even better send a fax) with this letter:

 

Dear Sir,

 

I refer to our telephone conversation of (date) and I am writing to confirm our discussion viz: I have written to (name of mortgage co) advising them that I have no need of their counselling service and I do not wish you to call at my home.

 

OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you to visit me at my property and if you persist in calling at my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and continuing to visit me nevertheless.

 

A copy of this letter has been sent to (mortgage lender).

 

Yours faithfully,

 

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

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...