Jump to content


  • Tweets

  • Posts

    • Probably the case @lookinforinfo Also an update, I've got the registered keeper letter. Just to check that I continue to ignore it until PAP letter comes in?
    • Thanks very much Bank. I've now done a lot of reading and have drafted my Letter of Claim as attached. I look forward to your comments. 16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf
    • ive already CAREFULLY explained how it all works earlier. what you will have to pay is already preset and detailed on the court forms/TfL stuff you already have. you wont be asked any questions upon your financial means etc. thats not under debate . you wont be asked upon any mitigating circumstances, you have pleaded guity which you always SHOULD.  the ONLY 2 reasons you are attending is to: 1) after finding the TfL prosecutor... plead directly face to face before you go in to try and get an OOC (you can bring up or say anything/everything you like ...anything that might get them to agree) 2) if 1 fails...show your genuine remorse face to face to the magistrate, BRIEFLY mention how a criminal record would hinder your future then hope they take pity on you and dont also record this on your file.  PS its only declarable/shows there for one year anyway. regardless to what an employer might ask in job questionnaires past 1yrs you forget about it. they cannot see it even on enhanced DBS etc etc. you should not latterly ever appeal a criminal record for this type (1yrs)  of 'offence' its not worth it and if you lose said appeal it will cost your dear in terms of additional wages grabbing and court fees. and extends the time it shows if you lose too. dx  
    • hit letter of claim follow post 2 despite repeated requests, the claimant has failed to produce any enforceable paperwork.
    • FTMDave - your cold light of day suspicions are correct, alas. Just had this back... Thank you for your email. I was very sorry to learn that you recently received a parking charge notice after shopping at our Kearsley Manchester Rd Express store. I appreciate this is always frustrating, especially as you'd just nipped in for the one item. I've had a look, and I can confirm that in this case the car park at this store is entirely owned by a third party - it is not owned or operated by Tesco in any way. The parking charge issued is on behalf of that third party, although I appreciate it does state Tesco on the letter. Regrettably as the car park is owned and operated by a separate company we don't have any form of influence or control over the parking charges issued. In this case, I can only recommend that you follow the appeals process outlined on the letter directly to take the matter up with UKPPO directly. I'm sorry that I cannot offer further help in this case.  Please do not hesitate to contact me again should you require anything further.  Kind regards Ewan Kelly Customer Service Specialist On behalf of the Chief Executive’s Office
  • 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

FirstPlus issues....


Nav1g8r
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5617 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

Hello all I am a noob so please be gentle.

 

We (do not worry if i say "I" because me and my wife are involved in all of this) took out a loan for 33k with firstplus in 2003 because Carole Vorderman was on the ads. (not not really it was to cover CreditCard and other debts)

 

I originally took out my Mortgage with the Abbey (which is still ongoing on the same plan today, interest only) that i have kept fully uptodate.

 

On wednesday we have a bayliff stage to contend with (yes it really has got that far). I am in court tomorrow for a second hearing to prove i can pay back the original £33k loan plus the £15k in charges.... now then... I took out a protection plan with Firstplus which was worth £6k taking the total to £39k + charges = £54k... original mortgage and first plus = £105k. value of house £110 (about - it was 145 in the summer)...

 

I think i may have been missold the payment plan as i had various credit cards and loans at the time that i have subsequently destroyed. My income and expendenture states that if i was to pay back the current rates of all the cards, loans and mortgages etc then i would have to earn a minimum of... wait for it... £55k per year.... I am on best part of minimum wage so total income is about £23k between us...

 

I am pretty much praying that i can get it chucked out tomorrow on a technicality and case law.. we can afford to pay it back but only just... a big re mortgage and the credit is already basically frozen now anyway.

 

Followed all the forms - think burying my head in the sand didn't help but then again being made unemployed after doing a really great well paid job for years didn't help either...

 

I have contacted First plus on numerous occasions for settlement figures (so i can remortgage) and they refuse or claim that they haven't chatted to me... (I work as a call centre manager - I know that they record all calls as do we)...

They claim to have never recieved my mail too.. They also claim that they have sent me info and they don't... It took ONE missed payment to send it to their buddies in Cardiff - Eversheds... I am sure that these two don't communicate with each other... ("contact Firstplus", "no... you need eversheds")

 

They can't even quote me the interest rate (and couldn't in court neither).

 

wish us luck...

Link to post
Share on other sites

Hi, when you say you are at the bailiff stage so you mean you have received an eviction notice? Also, assuming you have entered an N244 for a hearing what did you put in Q.10 of the form?

 

Have you prepared a witness statement for tomorrow's hearing?

 

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

Yes to both - I went to the N224 hearing on Friday. I can't remember what i put on the form but have been working with a friend on the witness statement and we have pretty much redraughted a income and expenditure form, dug out all the literature and even bank statements from 1998!

 

What gets me the most is that FP and Eversheds have never really helped me when we asked for help.. it is most annoying. (then denied that i contacted them when i call back the next time)

Link to post
Share on other sites

OK, don't forget to mention the Civil Justice Council Consultation Paper - Mortgage Arrears Protocol whereby lenders are supposed to negotiate and assist customers who are experiencing financial problems. Repossession is to be a last resort where there is no hope of payment - county court judges have been updated on this by the government.

 

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

Ok thanks for that - that puts a new twist on it... Thanks for the extra option...

 

We haven't said that we wouldn't pay - just didn't know how much they wanted. They wanted £150 on top of the original payment (un-negotiated) but didn't actually state what that original payment was (and i still don't know what it is!)

One bit of paper states £418 - another on is £368. quite a variance. I guess that i should have paid summat - bit late now though.

Link to post
Share on other sites

Hi 21st Century, when an eviction order is issued you need to apply to the court for a hearing to suspend eviction. You need to have reasonable defence of course - an offer of extra payments each month using the case law of Cheltenham and Gloucester v Norgan, and submitting a budget sheet with the application to prove you can make the payments. Also any documentary evidence that you have written asking for help and been ignored/refused usually helps to reinforce your defence.

 

You could also ask for time to sell using case law also.

 

Why do you ask - you got a problem?

 

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 wish i had a time machine... I could have noted it all down. even my phone bill is electronic... my bank statement is online (I had to print the last 6 months out at work on Thursday!) So finding "hard" evidence is difficult... Perhaps everytime i write a letter i should send it special delivery in future!

 

Thanks 21cn too!

Link to post
Share on other sites

, infact the only problem i've got is of the female variety, can you help me there?

 

Ermm.... depends what it is ! :D

 

What case law would you use for time to sell?

 

Palk v Mortgage Services Funding Plc & Law of Property Act 1925.

 

21st Century

 

:)

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,

 

you are an angel, that is just what I was looking for if need be.

 

As for the female problem, lets just say I have one that is very high maintenance that I need to get shot off, she costs too much! I am looking for a decent loving girl who likes to help. Maybe the OP has a nice friend for me??? Well Mr Navigator?? Needs to be low maintenance and dont mention Miriam!

 

LMAO :D

Link to post
Share on other sites

Hi Ell-enn,

 

As I am looking for a decent loving girl who likes to help.

 

Ah well, I might be a bit too old for you then lol :D

 

LMAO :D

 

...

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 older the fiddle the better the tune!! lol

 

Agreed ;):D

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

well you say yorkshire (ish), where would that be im a mad Scotsman living in the North East also. hehehahahah,

 

Sorry Mr OP I have taken over your thread flirting, you'll be okay tomorrow, remember one thing that your friend is probably alot wiser than the Judge, he will always do his best for you. He will ensure that you get time to postpone the possession order and get things sorted out.

 

So Ell-enn, you fancy meeting up? I'll even come to yorkshire if I can go to where Heartbeat is filmed?

 

21 st Century

x x

Link to post
Share on other sites

Strangely enough I'm a mad Scotswoman :p

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

LOL, now I know the OP will be laughing. Sorry Mr B, you'll be okay, I'll come to the rescue.

 

Now Ell-enn, now that puts a different slant on things, I am a weegie, couldn't possible look at you if you were from, yeah you know where. Go on put me out my misery, where you from originally, shatter my dreams. As for being strange, well its a sunday night before the week ahead and were on a forum, well i'm currently on 3 switching between them.

 

21st Century

Link to post
Share on other sites

A weegie! good man. My dad used to say the only good thing to come out of auld reekie was the Glesca train :D I was originally from a small town just south of Glasgow and worked in the city for many years.

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

why yorkshire then? Its a long way away from the bustle of Glasgow, and the cultural neds!

 

Needing to download and print

Palk v Mortgage Services Funding Plc & Law of Property Act 1925

So as I have it for tomorrow, for my own information. I was having a discussion on another forum yesterday about the deep fried mars bar! Yeah I know very strange discussions these forums have.

 

The OP, is in a position where he has a SPO and the claimants have went for execution of order, he appeared on Friday and said that he was looking to get remortgage. That wont be possible due to other circumstances, so looking to try and move forward and help them out. The claimants were granted the SPO when the defendants sent a letter in to the courts to put their case accross in which they stated they could afford £150pcm extra. These payment terms were not met and as such them have asked for execution of the SPO. Am I right in thinking that we shold be able to get this suspended again and present a new offer of payment and supporting evidence such as proof of income. The claimants still have not provided the evidence to what the current APR is, and justification of the charges that have been added, I beleive these to be unlawfull, the figures dont stack even with court and legal costs being added. They are still requesting too much.

 

If I fail on getting the SPO suspended and buy then time to sort their financial affairs, would I be able to ask for the time to sell under the Law and property act??

 

Thanks

21st Century

Link to post
Share on other sites

HI, you need to apply to the court on an N244 which you can download here: Her Majesty's Courts Service - Home. Select forms and guidance from the menu on the left and enter N244 in the box.

 

They will need to complete a budget sheet (affixed) to go with the form to show how they arrive at their offer of paying extra per month. Use the Cheltenham & Gloucester v Norgan case law for that. If you look around the repossession forum you should be able to pick up on of the defences I have done and get an idea of the wording.

 

In Q.10 of the N244 it's best to write "see affixed sheet" as you won't get everything you need to say in the box provided.

 

It needs to be hand delivered to the court if the eviction warrant has been issued, so they get a hearing at short notice. The fee will be £35.00.

 

If you need any further help, just shout.

 

Ell

Budget Sheet.xls

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

Depends on the judge unfortunately:rolleyes: when you say you have done a defence do you mean you have done a statement to take to court tomorrow quoting the case law?

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,

 

yes, and proofs of why payments havn't been made and also income and expenditure to show how future payments can be made. The case law that i have taken down was the law of property act incase the judge says no, I can ask for time for my friends to sell on there own, in order to get best possible price

Link to post
Share on other sites

Hi, if they've got an income they'll be ok, the new government guidelines say possession should be a last resort i.e. if there is no hope of payment. Also the lender will have to prove they have tried to help and negotiate with the customer.

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...