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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Repossession order even though I paid


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Ok this could get complicated, I have a mortgage with a certain building society everything is paid and up to date. At the start of October I received a letter from HLinteractive (solicitors) stating I had not paid my mortgage and owed £xxxxxx which I must pay a certain amount off each month otherwise they will go to court and get a repossession order. I checked the letter over and realised that they had spelt my wifes name wrong and the mortage account number was one digit different than our own. So we immediatly contacted the bank and explained the error and booked an appointment with the complaints officer. My wife trudged down there and the issue was eventually resolved. It is now the 11th of november and I get the morning post with another letter from HLinteractive stating that if we do not pay £xxxxx by the 18th they will be repossessing our property. This morning my wife went to see the these people and resolve the situation. If any one could give me any good advice on what to do when they come to reposses my property as I know that the wheels have already been set in motion and they will never get there paper work sorted out before the 18th. Thanks alot in advance, and please read my next post on my council tax issues.

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Hi Hobson999

 

They CANNOT repossess your home WITHOUT a court order... They have to take you to court and put their case before a judge, you WILL get notification from your local county court telling you where and when. If you can PROVE that you have paid, then there should be NO ARGUMENT....

 

But the main point is NO COURT ORDER NO REPO!!!!!

 

Hope it settles you a litte bit, I am currently fighting mine, and believe me I am learning very quickly!!!

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And if they take you to court and you can prove that they are wrong because you paid it you can take them to the cleaners

Make notes on all you meetings and telephone calls with them who was there what was said just in case

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Thanks for the replies peeps, Well I hav'nt been to court, been summoned or stood infront of a judge and had the opppertunity to do so but I would certainly like the chance. I am sick of being hounded for money I have already paid. If this farce continues I will post back and keep you all up to date and good luck to all of you

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Hi eveyone again, I just received my morning post with a letter from the courts. It states that there was a court hearing on 08/10/2008 which my wife and I did not attend and therefore the court orders that the defendant give the claimant possession of my house. So does this mean they can now come and legally cease my property even though the oustanding debt has nothing to do with my mortgage, building society, or in fact any of my financies as the debt is not mine.:eek:

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What you need to go is to go to the court office and make an application to have the orderset aside you reasons being 1. you had know knowledge of the hearing on the 8.10.2008 that you are not in arreas it will cost you £70.00 which you can claim back you need to get an uptodate statement from the mortgage company at the same time write to the company ( dont telephone send it recorded delivery and say that they seem to have made a mistake and ask them if they will agree to have the Judgement set aside what date does it have date that you have to give it up

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The first payment had to be made by 01/11/08 if no payment is made by the 17/11/08 . We will be issued with a warrant for possession of property. A balliff appointment will then be listed to repossess the property. That is what is said on the letter from the building societies solicitor dated the 10/11/08. Today I received a letter from the courts stating that we did not appear in court on the 08/10/08 and that

The court orders that

1.The defendant give the claiment possession of my property on or before 08/10/08

2. the defendant pay the caiment £xxxxxx being the amount outstanding under the mortgage

3. This order is not to be enforced so long as the defendant pays the claiment the unpaid installments under the mortgage by the payments set out below in addition to the current installments under thwe mortgage

payment required

£xxxxx per month the first installment being paid on or before 01/11/08 and it is judged that

The claiment recover against the defendant the sum of £xxxxxxxx for debt and interest to date of judgement.

No actual date for the repossession on the letter. hope this clears up any misunderstandings and thanks again.

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In English, basically they are saying as long as you keep paying they are not going to take your house! But as you have only just received the court hearing notification I would go to court and ask for it to be set aside. Its been suspended in effect.

 

Take it back to court, you cant let them get away with it. Check your next mortgage stayment, you may find solicitors costs added to your balance, ask for them back aswell.

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It just doesnt seem right have they got the right names and you right address on all the paperwork and is there ref nummber your account number

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Redstone did the same to me!!! They actually gained possession of my home, which is why I am fighting and learning lessons the hard way. if I can stop some one else going through it, then it may all be worth it......

 

They told me I was in arrears even though I had paid them. I had proven time and time again that I had paid them. Eventually they gained possession on a technicality, which I am challenging in the high court of London.

 

Did Kensington or your local county court send you a defence form, basically its a form asking your side of the story? Or do they say they did?

Like Bona says, have you EVER been in arrears, If yes they have probably used that to show you as an eratic payer..

 

You need to get back into court and fight them. Did the envelope that the court order came in have a post mark on it? If it did is it only recent? because that can only help your case about not knowing of the court date.

 

Ask for it to be set aside, or failing that get a suspension. Set aside means IF you do go into arrears, Kensington have to start all over again to get possession, ie file a hearing request, give you time to respond etc etc. Suspension means that should you go into arrears, Kensington can just ask the court for an order for your home as you are not paying as agreed.

 

I hope they realise they are being silly and stop all of this before you do have fight them. But in the meantime...We are here to assist.

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I have never been in arrears with my mortgage. I am not in arrears with my mortgage. Only the account which is not mine and I have no mortgage for that amount etc. The account with the wrong number on has my details on it but it is not my account, I don't know where this mystery account came from I have no access to it I just get sent the repossession orders for it against my property which I have lived in for 18 years. If I phone my bank and ask qestions about the account I have my mortgage on everything is in order. I have been back in contact with the complaints liason officer who originally sorted this mess out, and he is looking into it. My wife has also been to see the solicitors company who have also been told by the debt liason officer that this is just one big mistake (she phoned him at the solicitors). Now tomorrow she has to travel back to the solicitors to pick up a letter, which should generally work as a get out of jail card should the balliffs turn up. But I will beleive that when I see it. As for the courts I will have to take a trip down there on Monday but thanks for listening.

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You need to go for damages and what ever you do dont take there word for it I would get down to the court make an application and ask the Judge for all your costs which could be considerable and nthen get damages from the Mortgage Company What ever they say you have a court repossession order against you which will staythere till a Judge removes it

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And if they take you to court and you can prove that they are wrong because you paid it you can take them to the cleaners

Make notes on all you meetings and telephone calls with them who was there what was said just in case

 

and charge them for your time :D including the hours and hours of researching on the internet! :confused:

HTH (Hope This Helps) RDM2006

 

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Well that is most interesting, so regardless of what the building society and there soliciters tell me I will still have a repossession order against me until I personnally get the judge to remove it. Well I am annoyed now, so I am going down to the courts on monday and I am going to sort this out. Not one of them even mentioned this, they are way out of order. Thanks alot for the advice I'll post back as soon as I know more.

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  • 4 weeks later...

yeas how did you get on.

 

Have you checked your credit file to see what damage they have done there?

 

I hope you are fighting for a decent amount of compensation for wasted time /stress etc.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Please get a copy of your most recent mortgage statements and then go personally to the court which sent you the suspended possession order.

 

Speak to the court staff and they will give you the relevant form to have this order cancelled at a hearing in front of a judge.

 

You will get a hearing and once a judge is in possession of the facts you will get the Order cancelled.

 

Please also claim as many costs as you can against these idiots.

 

Ell-enn will no doubt be of great help as in many cases before yours.

 

Additionally consider engaging a solicitor in court because you may well get more of what is rightfully yours monetarily.

 

Incidentally I would suggest that any order against you is actually worthless because one name on it will be incorrect.

 

All the very best

 

Gladstanes

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Hi everyone thanks for your help and quick replies. Just a final update to say the building society accepted there mistake and have given us a few months free mortgage. As the solicitors company never carried out the building societies request to stop the repossession we have now acquired our own solicitors and are suing them for numerous reasons. Which our solicitor has guarranteed us we will get compensation. So hopefullly this will be the end of it. I hope anybody who has had the same problems as we have should at least contact a solicitor. As it was not our fault we are entittled to compensation for other peoples mistakes, and to be honest would your building society be sympathetic if it was your mistake.

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