Jump to content


  • Tweets

  • Posts

    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
  • 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

Help Redstone Repossession


Quaker1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5580 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

I really need help, I took out a mortgage with Amber Home Loans who then sold on to Redstone, since that time they have constantly raised the interest rate so our mortgage is now £500 a month more! This was not linked to the bank of england base rate rises. Our business has also suffered and we fell behind with our payments, I have tried talking to Redstone but it's just a call centre and no-one knows anything!!! They have now taken us to court for being just 2 months in arrears, I spoke with them before the court date and was told the court hearing was just for the judge to decide a solution to the arrears. I made a terrible mistake and didn't attend court - I was absolutely scared stiff. Just received a letter from the court stating the repossession will take place on 14th January 2009. I am now in a position to start making the monthly payment now, as I have just started a new job but have heard so many bad things about Redstone I don't think they will listen - can anybody help

Link to post
Share on other sites

right I think you will need Ell-enn to help with this one.

The first question is can you afford the current Monthly payment plus a small amount towards the arrears?

 

What were the original reason for the arrears? And is your new job fairly secure /long term

 

Do you have children living in the house and what ages are they?

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

Link to post
Share on other sites

Hi Quaker.

 

When you say you've had correspondence from the Court, is it an eviction date (a warrant for possession) or is it the Order for possession. We need to make an application to the Court to either suspend the warrant or to vary the possession order depending upon what the document is.

 

The key thing is, as already suggested, are you able to pay the current instalment plus something off the arrears. Ell-enn is superb at these, and I certianly don't want to tread on her toes, but if she's not around at all, I'll be glad to help out. Please don't worry. This is easily sortable (and the Judge will take a dim view that you were misled into not going to court).

 

How much are your monthly payments, and how much are the arrears? How long have you left on the mortgage?

 

RM

Link to post
Share on other sites

Hi there, you need to make an application to the court on a N244 form which you can download here: Her Majesty's Courts Service - Home. Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. You can then go to the page where you download the form. I can help you with the statement for Q.10, which is the most important part of the form.

 

You will need to offer a payment towards the arrears each month in addition to the normal mothly payment -are you able to do this? If so, don't offer more than you can comfortably afford, if you only have 2 or 3 months arrears the court will allow the arrears to paid over a reasonable time. You should most certainly mention that you were told you did not have to attend court as the judge will not be happy with that at all !!

 

You will also need to affix a budget sheet to the N244 and I have attached one to this post for you to complete. Make sure that the amount you are offering to pay each month towards the arrears in addition to your monthly payment is the amount left over after everything else, inlcuding the mortgage payment, has been accounted for.

 

If you can give me a bit more detail I can help with the form:

 

Is the mortgage in joint names?

Do you have any children?

How much can you afford to pay in addition to the normal monthly payment?

 

You need to get the application to the court asap so the sooner you let me have some more info the sooner we can get started.

 

Kind Regards

 

Ell-enn

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

:)Ell-enn beat me to it

 

she is much quicker than me

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

Link to post
Share on other sites

Hi, I received an Order for Possession, stating that we must vacate the property on the 14th Jan. Our current monthly payment is now £950 per month, but when we got into arrears it was £1500 per month - nobody at Redstone can answer any questions about our interest rate and we have had several letters stating that they have charged interest incorrectly but they will write the outstanding amount off! I have two boys aged 11 and 13 - I have a lovely house and cannot bear the thought of losing it, as I'm sure most people feel the same. I can afford to pay £100 off the arrears - the mortgage is in joint names - my husband is still self employed. We got into arrears because our shop has not been doing so well, and on top of all the stress with the business and everything, my dad was told his throat cancer had come back and he had to have his voice box removed and I just couldn't cope with what he had to go through and my business collapsed. But I am working now.

Link to post
Share on other sites

If you deal with the possession first with Ell-enns help you can perhaps afterwards send an SAR regarding interest/chargese etc. The most important thing is to get the forms completed and sent to court.

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

Link to post
Share on other sites

Hi Quaker....ok some good news, it's right at the early stage so you will be applying to vary the original possession order to make it a suspended one. There will be a fee to pay for this. But at least there's not an eviction pending. The reason for me asking about the figures is that the Court has the power to suspend a possession and the minimum they can suspend it on is payment of the arrears over the remaining term of the mortgage. If £100 per month is definitely affordable that's great. But make sure it is rather than coming up with a figure that you think that the court may want to hear. Sorry if that sounds condescending, but you would be amazed at how many people tell creditors figures and the odd £20, £50 and £100s all add up.

 

Ell-enn, when you do the form, make sure you draw attention to the claimant suggesting to the defendant that she need not attend the original hearing. Costs will have been added for that hearing to the account, and for this one too. I would be minded to ask the Judge to state "cost's of todays application NOT to be added to the security". I'd probably be tempted to ask for the defendant's costs of the application to, but that might be pushing it. But the bottom line is had Quaker gone to the original hearing it would have been sorted as a suspended order then and sorted out without further costs being incurred to either party.

 

HTH

 

RM

Link to post
Share on other sites

Thanks RM

 

At least you lot have made me feel that there is a solution, I can pay the extra £100 per month as we were paying £1500 a month and now the payments are only £950. So at least we can maintain the mortgage payments now. I have to go just now but thanks to all of you for your help and I'll be back on later.

 

J x

Link to post
Share on other sites

Hi again

 

Just wanted to say - sorry to hear about the situation that caused the arrears and hope that now you can hopefully move forward a little and at least secure your home.

 

In the meantime make sure you come back for any help with the forms

ASAP .

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

Link to post
Share on other sites

 

You should most certainly mention that you were told you did not have to attend court as the judge will not be happy with that at all !!

 

 

I'm already on to that Repoman :)

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, let me know when you have completed the budget sheet and downloaded the form, we can then get to work on your statement:)

 

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, if you need help with Q1 - 9 of the form I can give you instructions. Meanwhile I will start to draft your statement for Q.10.

 

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, I have affixed your statement for Q.10 of the N244. You need to fill in the information where I have put XXX's (removing the XXX's of course). Do not edit the extreme right column where the words (Claimant) and (Defendant) are as this will change the formatting.

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner and affix to the N244 form with the Statement.

 

The instructions for completing the rest of the N244 are:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction order payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for Attached Witness Statement

Cross out all options except We Believe

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants. Enter your address and contact details

 

 

 

 

You need to hand deliver the forms to the court so you get a hearing well before the respossession date. Make sure you take a photocopy of everything as you will need to take one with you on the day.

 

 

Let us know when you have a date for the hearing and we can go through the process with you.

 

 

Stay positive:) you will be OK.

 

 

 

Kind Regards

 

 

Ell-enn

Quaker N244.doc

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,

 

Thank you so much for your help, I haven't been on here lately - I've had that awful Flu and the way things have been going with Redstone I just sort of buried my head in the sand all last week. I've been a nervous wreck!!! I have completed all the forms and am taking them to Court tomorrow - hopefully things will be ok. I'll let know. Once again thanks to all of you for being brilliant.

Link to post
Share on other sites

I think when if you have to go into court you also have to state you agree with the amount of loan outstanding - is that right Ell-enn?

 

I hope you let them know that you have tried to establish various figures for the debt/mp without success? (Your post 6)

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

Link to post
Share on other sites

If no joy in court then do an SAR so you can get correct details about what they have done on your account and whether they put the mistake right.

Edited by jansus
duplicate post

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

Link to post
Share on other sites

Hi, sorry to hear you have been ill, just what you didn't need when you are worrying about something. However, stay positive - I'm sure you will get the possession order suspended on the terms you have offered.

 

As soon as you have a date for the hearing let us know and I can run though the court process with you. It won't be half as bad as you think :)

 

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...