Jump to content


  • Tweets

  • Posts

    • So sorry it's took me a few weeks to respond back to you. Thank you so much for your response. My grandfather is clear about the pension deductions on his pay slips.  As I mention before all these went missing in the burgarly. We have tried Willis Tower Watson but they were not to helpful. I am stuck what we can try next. Thank you again.     
    • As a rough guess it would be your landlord who would be responsible. But you need to understand the extent of your losses before you can begin any claim. This means that you need to list out any expenses to which you have been put, any expenses which would be associated with repairing damage or cleaning et cetera. And then list out the inconvenience to which you have been put as a result of this. Any actual expenses – money loss which has been incurred already all that is likely to be incurred in result of repairs will need an inspection and to quotations which eventually you will present to the landlord. Even if I'm wrong and it is not the landlord – you will still need the evidence that I have listed above in order to begin any claim.  
    • Hi, I have been renting a three bedroom, top floor flat for six years now in England. Just so you know, there is a letting agent, landlord and a block management company involved. Eighteen months ago we had a considerable leak in one of the bedrooms, affecting the next door bedroom as well but not as badly. This led to a lot of damage to the ceiling and the formation of mould within the first bedroom and to a lesser extent in the second bedroom. As far as we are aware, the leak has only recently been sorted by the block management company(who owns the roof etc…) Just over three weeks ago, a large inspection hole was cut into the ceiling, the workmen (instructed to come by block management) who undertook the work did not put any dust sheets down over any of the furniture, causing an incredible amount of dirt and debris throughout the entire flat, rendering the room unusable. We were left on a Friday afternoon with a gaping hole and no instruction as to what was going to happen next. Only after contacting our letting agent to inform them about the state of the bedroom had been left in, with a gaping hole and bits of debris falling, did they come to do a temporary fix to cover the hole which was after a week. As the bedroom is still unusable. My daughter has for more than three weeks been sleeping in the lounge. The letting agent did offer to get the place cleaned, but we see no point until the job has been completed. My landlord has reduced my rent by £200 for the past couple of months and is now wanting full rent regardless of the work being incomplete. A plan has been put in place, however, we have not been given a timeline for when these will be completed and this could take some considerable time. In addition to this, there was a leak in the kitchen but this was very minor, and we have a major condensation issue in the bathroom as the extractor fan is apparently not strong enough so the ceiling is covered in mould which is now being revealed as the paint is flaking off. The problem we have is that the building (roof etc..) is managed by a block management company. My letting agent has basically said that the damage is the responsibility of the block management and this nothing to do with the landlord, and therefore, does not want to give us any compensation. What are my rights as a tenant in this situation? Am I entitled to a continued rent reduction or additional compensation given the ongoing uninhabitable condition of the bedroom and the disruption this has caused? I have attached photos as supporting evidence and would be very grateful for your advice. https://imgur.com/a/yfm4FP9 Should you require any further information, please let me know. Thanks in advance! 😁👍
    • I have just read it again and I see that you say that you are going to be claiming for time and stress. This is not recoverable loss so I think that you should leave it out.  
  • 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

Repo order help with defence needed.


cosalt
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5004 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

  • Replies 543
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I wish we knew the outcome of Shakespeare62's appeal as this would give me faith that justice will be done.

 

from my own experience justice will be done you just need the fight to get it, if I can do it then you can certainly do it to. I have just proved that you can get blood from a stone cosalt, so keep strong mate and keep fighting, there are too many of us as it is supporting you through this difficult time.

 

If it helps play the soundtrack from the Rocky movie, eye of the tiger, get on your boxing gloves and prepare for a punch up, :D

Link to post
Share on other sites

I wish we knew the outcome of Shakespeare62's appeal as this would give me faith that justice will be done.

 

We all know the outcome of the Woodchester appeal, though. I don't see that your arguments are any weaker.

Link to post
Share on other sites

Well I can't see any reason why I should not go for a set aside, it seems easier and should get me the result I want. Presumably if I still lose I can then go for an appeal ?

 

Just to clarify with a set aside I will either get it granted or will have to attend a set aside hearing to give my reasons why it should be set aside.

 

Assuming I can get it set aside, can the claimant then withdraw the case if they think they won't win next time round /

Link to post
Share on other sites

The claimant can discontinue at any time, but they will be liable for all costs...

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

Well I can't see any reason why I should not go for a set aside, it seems easier and should get me the result I want. Presumably if I still lose I can then go for an appeal ?

 

Just to clarify with a set aside I will either get it granted or will have to attend a set aside hearing to give my reasons why it should be set aside.

 

Assuming I can get it set aside, can the claimant then withdraw the case if they think they won't win next time round /

 

I think you just need to complete N244 and submit to the court. They will either grant a new hearing or not.

 

Yes, appeal is allowed afterwards because all that is happening is that your case is re-heard from the start. Nothing is denied you just because there is a new hearing.

 

No, I believe that a new hearing is just that, and only happens where your application for set aside is granted. I don't believe that there is a hearing just to consider whether the original judgement should be set aside for a subsequent hearing. The decision to set aside is made by the court, but this is probably by the court staff rather than a judge.

 

Yes, the claimant can withdraw before the new hearing, at which point there will be no CCJ or repossession.

 

You specify your reasons for requesting the judgement be set aside in N244. The court then consider the request on its merits.

 

I would think that all recovery actions must stop while your request is being processed.

 

As for time, I would ask the court - they will be best placed to tell you the timescale. I would think these are urgent matters, as CCJs normally only have 14 days or so before the merde hits the fan.

 

In the meantime if you gen up on appeal you've lost nothing.

 

LA

;)

Link to post
Share on other sites

Does anyone know how long it takes to get a set aside because presumably if it takes to long I will lose my right to appeal ? And vice-versa ?

 

It can take some time; I made an application to set aside a default judgement on 16/04/10 and it looks like the hearing won't take place until August. However, I would think the right of appeal would follow the set aside hearing if that wasd to go the same way as the original hearing; i.e. you would appeal the set aside judgement on the same grounds as you would have appealled the original decision. That's just my opinion of course, but hopefully someone who knows better will confirm for you...

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

It can take some time; I made an application to set aside a default judgement on 16/04/10 and it looks like the hearing won't take place until August. However, I would think the right of appeal would follow the set aside hearing if that wasd to go the same way as the original hearing; i.e. you would appeal the set aside judgement on the same grounds as you would have appealled the original decision. That's just my opinion of course, but hopefully someone who knows better will confirm for you...

 

Yes, although I think cosalt just needs set aside granted, rather than the actual hearing date. I'm assuming that the decision to set aside will be fast, even though the new hearing is some time in the future.

 

So if set aside is not granted, he needs to press on with appeal.

 

LA

;)

Link to post
Share on other sites

Yes, although I think cosalt just needs set aside granted, rather than the actual hearing date. I'm assuming that the decision to set aside will be fast, even though the new hearing is some time in the future.

 

So if set aside is not granted, he needs to press on with appeal.

 

LA

;)

 

 

I am sure you are right, but I still haven't been told whether the set aside has been approved; although I have been given until 06/06/10 to submit my draft defence... I'm assuming it's after that that they will decide whether to set aside or not?

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

HELP PLEASE, the bailiffs from the finance company have just turned up to take the vehicle !!!!!!!

 

They have no warrant and after phoning the court I was told they dont have the right to take it but they can come back with a warrant !!!!!

 

The court said ( despite saying I have 14 days ) that the judge ordered a forthwith repo and that means immediate.

 

Can someone answer this please - if I paid the claimant the amount ( £1600 ) I might be able to get this from my mum, can I appeal and when I win claim it back ?

 

BTW I dont even want the vehicle I dont use it and it doesnt even run, however the bailiffs claimed if they recover with a specialist vehicle I will have to pay which could cost £1000 or more.

 

Please help

Link to post
Share on other sites

If the judge gave you 14 days then they shouldn't be turning up anyway.

 

If they're not county court bailiffs with a warrant in their hand then they cannot take the vehicle off private property. Is it parked in a driveway?

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.

 

The judge did not give 14 days he ordered repo 'forthwith', it was the court clerk who said I still had 14 days. The veuicle is on private property behind a locked gate.

 

I hav'nt done a set aside yet, the hearing was only monday PM, I can't seem to work out whether a set aside / appeal is right. I need to decide ASAP but dont want to get it wrong.

 

Will the judge denying permission for an appeal means I wont get the set aside ?

Link to post
Share on other sites

Hi Cosalt, see what you mean now.

 

Yes, if court bailiffs must have warrant. Not strong on repo stuff so wouldn't want to hazard a guess, would be wrong to do so.

 

If it were me, given the fact that all of this is the result of the judge misdirecting himself and ignoring the invalid default, and if I didn't need the car I'd let them have it. You said it doesn't even run, if they remove it, sell it etc then a successful appeal would mean the finance company would have to return it, or a car of similar quality/value. They don't know it didn't run ;).

 

If you fight it they'll only add absurd amounts of charges and then they'll be after you for those as well. I'd concentrate on the set-aside and appeal to get this daft decision quoshed so common sense can prevail.

 

However, check up on the private property issue. Not sure how the rules work as know people have had cars removed from private land before. Get them to get their warrant first though, might buy you time. I'd try and avoid costs if I could, all of this can be sorted once the court has sorted out their earlier mistakes.

Link to post
Share on other sites

Thanks emandcole,

 

I have downloaded the n244 form and am completing it, seems reasonably straight forward apart from a couple of bits.

 

Firstly it says I cosalt intend to apply for an order ( a draft of which is attached ) that ????????????? because??????????????

 

What can i say here ?

 

Then in part 'C' I need to explain my reasons, now I thought I knew this but obviously I need to get it right this time can anyone help with it ?

 

Also presumably where it asks how i want it dealt with, I put without a hearing ?

 

 

thanks

Link to post
Share on other sites

How does this sound ?

 

I cosalt intend to apply for an order that sets aside the judgement made against me on 24th May 2010 because I believe the judge mis-directed himself in making his decision by ignoring the requirements of the CCA 1974 that states in order for a claimant to demand sums not due and/or reclaim any goods subject of the agreement they must first issue a default notice that complies with the requirements laid out in section 88.

Link to post
Share on other sites

How does this sound ?

 

I cosalt intend to apply for an order that sets aside the judgement made against me on 24th May 2010 because I believe the judge mis-directed himself in making his decision by ignoring the requirements of the CCA 1974 that states in order for a claimant to demand sums not due and/or reclaim any goods subject of the agreement they must first issue a default notice that complies with the requirements laid out in section 88.

 

Sounds good to me... could mention the requirement to comply with this in order to carry out actions stated in s87 as well perhaps? Also, mention the name of the judge who made the judgement?

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

Cosalt

 

Bailiffs need;

 

1. A warrant from the court (or the possession order)

 

2. Identification

 

3. Their certificate - only certificated bailiffs may attend

 

If they provide a warrant then they can take the car, in private property or not.

 

On your N244, please don't say that the judge mis-directed himself, even if true! It implies you are a judge or barrister.

 

I think you need to just say that, having taken advice, you consider that the judgement was wrong because;

 

1. The claimant produced erroneous evidence (a doctored DN) that the judge accepted as legitimate and appeared to base his judgement on that fact.

 

2. The judge did not appear to take into account the requirements of s88 of the CCA and that, due to the invalid DN, s87(1)© is not available to the claimant (this subsection is repossession).

 

3. There are other legal issues that you want to be considered properly, such as the contract itself.

 

and because of the above, you humbly (:D) request that the judgement is set aside.

 

That's all I'd do for now.

 

LA

;)

Edited by Lord_Alcohol
Link to post
Share on other sites

Thanks LA, so are you saying just put it briefly like you have said even on the back at Part C which asks for evidence in support of this application.

 

I really cant afford to get this wrong :eek:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...