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    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
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    • 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.

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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wave/Ex GMAC Mortgage eviction help


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Hi Biddy, have you checked you have all your Appendices and that they are in numerical order and labelled? Always pays to check each set one more time just to make sure they are OK.

 

You should have the following in each set:

 

Statement page

Appendix 1 - payment receipts

Appendix 2 - copy of standing order

Appendix 3 - budget sheet

Appendix 4 - your letter to Wave

Appendix 5 - estate agent's details

 

Stay positive, we'll all be thinking about you. What time is the hearing? and who did you get to represent you?

 

Ellx

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Hi Biddy, have you checked you have all your Appendices and that they are in numerical order and labelled? Always pays to check each set one more time just to make sure they are OK.

 

You should have the following in each set:

 

Statement page

Appendix 1 - payment receipts

Appendix 2 - copy of standing order

Appendix 3 - budget sheet

Appendix 4 - your letter to Wave

Appendix 5 - estate agent's details

 

Stay positive, we'll all be thinking about you. What time is the hearing? and who did you get to represent you?

 

Ellx

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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Good luck Biddy thinking of you and your family, im sure with all the help you have had this will be positive outcome -

 

will be back laters ciao for now MAZ

 

and fab work from all the people who have given you help, i wish id had that type of help earlier in the year, keep positive and remember it really is not like those big court rooms and hearings you see on telly , the judge will see all the evidence so dont think you have lost even before you enter the building, keep calm - and put up your positive head on,

 

take care ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Good luck Biddy thinking of you and your family, im sure with all the help you have had this will be positive outcome -

 

will be back laters ciao for now MAZ

 

and fab work from all the people who have given you help, i wish id had that type of help earlier in the year, keep positive and remember it really is not like those big court rooms and hearings you see on telly , the judge will see all the evidence so dont think you have lost even before you enter the building, keep calm - and put up your positive head on,

 

take care ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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No news yet I'm afraid......

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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No news yet I'm afraid......

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 everyone,sorry haven't got back til now,well we won solicitor we managed to find was great, judge was great for a change,the solictor tried to work it out with their rep before but wouldn't listen,anyway the judge told him straight that it wouldn't be in their clients interest or our intersets to reposses,due to the market at the moment they would probably end up chasing us for a shortfall which would mean we could go bankrupt and as there was enough people doing that already when there wasn't any need he didn't want to add somebody else to the list.also said that as i was working and trying to survve it was better than some people who just want handouts and cannot be bothered to work,make sure i will keep to the arrangement this time and hopefully we can sell the property,many thanks ell-enn and everybody else who has supported us,anyone else in our position should keep fighting as you never now you might win.anybody know anything if you can get their solictors charges knocked of the mortgage balance,as they lost do we have to pay these charges plus all the interest that they will charge on it as well surely they are not allowed to do this,why should we be charged interest on the solictors charges when that isn't part of the mortgage.once again thanks everyone for your help.

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hi everyone,sorry haven't got back til now,well we won solicitor we managed to find was great, judge was great for a change,the solictor tried to work it out with their rep before but wouldn't listen,anyway the judge told him straight that it wouldn't be in their clients interest or our intersets to reposses,due to the market at the moment they would probably end up chasing us for a shortfall which would mean we could go bankrupt and as there was enough people doing that already when there wasn't any need he didn't want to add somebody else to the list.also said that as i was working and trying to survve it was better than some people who just want handouts and cannot be bothered to work,make sure i will keep to the arrangement this time and hopefully we can sell the property,many thanks ell-enn and everybody else who has supported us,anyone else in our position should keep fighting as you never now you might win.anybody know anything if you can get their solictors charges knocked of the mortgage balance,as they lost do we have to pay these charges plus all the interest that they will charge on it as well surely they are not allowed to do this,why should we be charged interest on the solictors charges when that isn't part of the mortgage.once again thanks everyone for your help.

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Thank Goodness - you had me worried for a bit, although I knew you'd be all right really ;)

 

Well done for being brave and what a good judge you had - wish there were more like him. It's a pity your solicitor didn't ask the judge for the legal costs to be cancelled while you were in the hearing. You can always write to them asking for them to provide detailed costs of the work done by their solicitors being as they are asking you to pay for it!

 

Hope you can now relax a bit

 

Ell

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Thank Goodness - you had me worried for a bit, although I knew you'd be all right really ;)

 

Well done for being brave and what a good judge you had - wish there were more like him. It's a pity your solicitor didn't ask the judge for the legal costs to be cancelled while you were in the hearing. You can always write to them asking for them to provide detailed costs of the work done by their solicitors being as they are asking you to pay for it!

 

Hope you can now relax a bit

 

Ell

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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OMG Biddy we have been so very worried. We thought you were moving out.! That is fantastic news well done you should be proud.

 

The charges and legal costs will be added to your mortgage even though you won. Soory but they all do it. You will be charged each month you are in arrears for a slong as you are in arrears as well. This will be ebtween £35 and £50 a month. you can certainly try and claim these back you just need to sen a SAR letter with a £10 poastal order.

 

Once again very well done:D

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OMG Biddy we have been so very worried. We thought you were moving out.! That is fantastic news well done you should be proud.

 

The charges and legal costs will be added to your mortgage even though you won. Soory but they all do it. You will be charged each month you are in arrears for a slong as you are in arrears as well. This will be ebtween £35 and £50 a month. you can certainly try and claim these back you just need to sen a SAR letter with a £10 poastal order.

 

Once again very well done:D

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thanks ell-enn and thanks for all your help,you do a great job you deserve a knighthood rather than some of the people who get them.:)

 

Thank you :oops:

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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