Jump to content


  • Tweets

  • Posts

    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
    • whats the court claimform for? return of goods order? please complete this:  
    • std DWF letter. typically £157 something. lots of them here already doesn't say WILL anything. read it properly dx  
  • 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

Wave/Ex GMAC Mortgage eviction help


biddy65
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5694 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 there, good news about the contract:) would you be able to get a letter from your employer stating that?

 

I'll be working on your statement and will post it later today, I'll also affix the budget sheet in .pdf - print off one to practise on first before completing a final copy.

 

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

  • Replies 223
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi there, good news about the contract:) would you be able to get a letter from your employer stating that?

 

I'll be working on your statement and will post it later today, I'll also affix the budget sheet in .pdf - print off one to practise on first before completing a final copy.

 

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 ell-enn,just heard from my employer that i will be getting a full time contract within the next week-2 weeks,this will give me a guaranteed income of full time hours rather than just working part time and then my hours being topped up with overtime which some weeks is less,will this also help,also i will be paying another £20 off today

 

Things are looking up already:D

 

olives xx

Link to post
Share on other sites

hi ell-enn,just heard from my employer that i will be getting a full time contract within the next week-2 weeks,this will give me a guaranteed income of full time hours rather than just working part time and then my hours being topped up with overtime which some weeks is less,will this also help,also i will be paying another £20 off today

 

Things are looking up already:D

 

olives xx

Link to post
Share on other sites

Biddy your luck is changing,please keep positive.

What may give you some more time,is check paperwork from court,if claimant is still GMAC on paperwork and no paperwork has been produced to change title of ownership to Dove,then the order cannot be given by judge.This could help to give more time to pay more off. It would be a delaying tactic and not a solution.

Link to post
Share on other sites

Biddy your luck is changing,please keep positive.

What may give you some more time,is check paperwork from court,if claimant is still GMAC on paperwork and no paperwork has been produced to change title of ownership to Dove,then the order cannot be given by judge.This could help to give more time to pay more off. It would be a delaying tactic and not a solution.

Link to post
Share on other sites

Hi there, affixed is the budget sheet in .pdf format.

 

I am in the middle of writing your statement for court - can you confirm you have (or can get by tomorrow) the following:

 

Receipts for the last two payments (internet banking statement or statement from ATM)

 

Copy of the standing order you have set up (again internet banking?)

 

Paperwork showing your loans finish in 3 months (original agreements?)

 

Copy of your letter to Wave

 

Estate Agent's details

 

 

Ell-enn

Budget Sheet.pdf

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 there, affixed is the budget sheet in .pdf format.

 

I am in the middle of writing your statement for court - can you confirm you have (or can get by tomorrow) the following:

 

Receipts for the last two payments (internet banking statement or statement from ATM)

 

Copy of the standing order you have set up (again internet banking?)

 

Paperwork showing your loans finish in 3 months (original agreements?)

 

Copy of your letter to Wave

 

Estate Agent's details

 

 

Ell-enn

Budget Sheet.pdf

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 have a receipt for one of the payments the other i made over the phone and it hasn't shown up on the account yet,have done a copy of the standing order set up i have paperwork for one of the loans am ringing the other company to get the other one,got a copy of the wave letter,should i talk to their rep at the court before the hearing or not?

Link to post
Share on other sites

i have a receipt for one of the payments the other i made over the phone and it hasn't shown up on the account yet,have done a copy of the standing order set up i have paperwork for one of the loans am ringing the other company to get the other one,got a copy of the wave letter,should i talk to their rep at the court before the hearing or not?

Link to post
Share on other sites

I would be very careful what you say to the other side. When you go to the court try and get there a bit early and ask if there is either a duty solicitor or a cab rep there. Talk to them and they may be able to go into courrt with you and talk on your behalf.

 

They will also talk to the other side for you as well. This will be very difficult but try to say as little as possible. When i went for the first time to court I told the other side everything thinking that this would help me. In the end he simply said "well whatever you say the mortgage comapny just want the house and that is what i will say to the judge". The little slime ball had not done his homework and relied on me to give him his case. He went into court and used everything i said against me. He even reckoned that my food money was not enough to live on. Thankfully the judge saw what he was doing and mad him look really small in the end.

 

Just be careful what you say and if you can dont talk at all.

 

olives x

Link to post
Share on other sites

I would be very careful what you say to the other side. When you go to the court try and get there a bit early and ask if there is either a duty solicitor or a cab rep there. Talk to them and they may be able to go into courrt with you and talk on your behalf.

 

They will also talk to the other side for you as well. This will be very difficult but try to say as little as possible. When i went for the first time to court I told the other side everything thinking that this would help me. In the end he simply said "well whatever you say the mortgage comapny just want the house and that is what i will say to the judge". The little slime ball had not done his homework and relied on me to give him his case. He went into court and used everything i said against me. He even reckoned that my food money was not enough to live on. Thankfully the judge saw what he was doing and mad him look really small in the end.

 

Just be careful what you say and if you can dont talk at all.

 

olives x

Link to post
Share on other sites

so its best not to talk to them,i talked to the one before he didn't seem to know much about it then i wished i hadn't as he used the evidence against as i wasn't working full time,i had somebody i had rung who was supposed to send a rep to help me,unfortunately forgot who the company was and they haven't rung back yet.

Link to post
Share on other sites

so its best not to talk to them,i talked to the one before he didn't seem to know much about it then i wished i hadn't as he used the evidence against as i wasn't working full time,i had somebody i had rung who was supposed to send a rep to help me,unfortunately forgot who the company was and they haven't rung back yet.

Link to post
Share on other sites

Hi Biddy, my advice is usually not to talk to the other side's solicitor and don't give them a copy of your statment until you are in the hearing. If you get to court early you can ask the usher to give your statement to the judge before the hearing.

 

Ring the court and check if there are any CAB or legal reps there on Wednesday.

 

Any luck with a letter from work about your increased hours?

 

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 Biddy, my advice is usually not to talk to the other side's solicitor and don't give them a copy of your statment until you are in the hearing. If you get to court early you can ask the usher to give your statement to the judge before the hearing.

 

Ring the court and check if there are any CAB or legal reps there on Wednesday.

 

Any luck with a letter from work about your increased hours?

 

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

i rang the boss again and he said he would do one,the only downside now is that he also said that his boss had been in and is ruling that out of the three jobs one has got to be part time and it will probably be me, as i was the last one in,but he is definately doing a letter.

Link to post
Share on other sites

i rang the boss again and he said he would do one,the only downside now is that he also said that his boss had been in and is ruling that out of the three jobs one has got to be part time and it will probably be me, as i was the last one in,but he is definately doing a letter.

Link to post
Share on other sites

hi ell-enn,sorry to bother you but any lucky with the statement,paid another £30 off today,person wanted to speak about what i had said in the appeal and what my proposals were for payments.rang back to speak to him but he was supposed to be busy they said he would ring back but he hasn't,also rang their solicitor but they haven't rang back either.found out that the payments actually go to CROWN MORTGAGE MANAGEMENT LTD,WHICH WE DIDN'T KNOW.

Link to post
Share on other sites

hi ell-enn,sorry to bother you but any lucky with the statement,paid another £30 off today,person wanted to speak about what i had said in the appeal and what my proposals were for payments.rang back to speak to him but he was supposed to be busy they said he would ring back but he hasn't,also rang their solicitor but they haven't rang back either.found out that the payments actually go to CROWN MORTGAGE MANAGEMENT LTD,WHICH WE DIDN'T KNOW.

Link to post
Share on other sites

Hi there, affixed is the budget sheet in .pdf format.

 

I am in the middle of writing your statement for court - can you confirm you have (or can get by tomorrow) the following:

 

Receipts for the last two payments (internet banking statement or statement from ATM)

 

Copy of the standing order you have set up (again internet banking?)

 

Paperwork showing your loans finish in 3 months (original agreements?)

 

Copy of your letter to Wave

 

Estate Agent's details

 

 

Ell-enn

 

I need to know if you have all of the above before I can complete the statement.

 

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 there, affixed is the budget sheet in .pdf format.

 

I am in the middle of writing your statement for court - can you confirm you have (or can get by tomorrow) the following:

 

Receipts for the last two payments (internet banking statement or statement from ATM)

 

Copy of the standing order you have set up (again internet banking?)

 

Paperwork showing your loans finish in 3 months (original agreements?)

 

Copy of your letter to Wave

 

Estate Agent's details

 

 

Ell-enn

 

I need to know if you have all of the above before I can complete the statement.

 

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

By the way - who is named as the claimant on the eviction notice?

 

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...