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    • 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.  

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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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spml / capstone notice of eviction 6th feb


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Hi B0-2, I can help you with a statement to give to the judge on the day of the hearing (or hand in the day before). Can you tell me what you put in Q.10 of the N244 please.

 

Ell-enn

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Hi, OK - I understand where you are coming from but the judge will be looking for you to offer a payment arrangement that you can afford - he cannot change any of the contractual terms of the mortgage i.e. interest changes etc.

 

 

How much did you originally offer to pay towards the arrears each month?

What are you now able to offer towards the arrears now that the fixed rate has ended?

Do you have any copies or correspondence you have sent to them asking them to consider capitalisation or extending the term of the mortgage?

 

Ell

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Hi there, I have affixed the budget sheet we usually use in these cases. Fill it in and see what you come up with. We'll then write the defence around whatever figure is left over towards the arrears (the amount you can afford to pay towards the arrears each month should be the amount left over after everything else has been accounted for, including the normal monthly payment). We will then state that the increase in installments was not considered at the original hearing.

 

It will certainly be worth mentioning in the defence that SPML are the claimant but Capstone seem to be running the show. Who are the solicitors in this (on original claim form). Are Capstone not mentioned anywhere?

 

Ell

Budget Sheet.xls

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OK, let me know when you have done the budget sheet and I'll start to draft your defence.

 

I take it that it's Capstone on the eviction notice?

 

Ell

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OK, the main thing is to get the eviction stopped, and to do that you need to offer the judge a payment proposal - are you saying you can only afford £5 on top of the normal(newly increased) monthly payment?

 

Just so I've got it right in my head:

 

How much was the original monthly payment when you went to court?

How much did you agree to pay on top of that monthly payment?

 

How much is the new monthly payment?

What date did the new payment amount start from?

 

I'll start to draft you a defence statement when you let me know the above.

 

Ell

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Hi there, affixed is a draft statment for you to take to the court. I have to say though, that I am not confident that your offer of £5.00 per month will get the result you need.

 

I think you should revisit the budget sheet and see if anything can be "shaved" from some of the sections - if you have anything in Entertainment and Holidays, I imagine the judge would expect that you forgo those in order to pay the arrears. I don't think you'll get away with offering less than £40 - 50 per month.

 

Please don't think I'm criticising your budgeting, I'm just trying to give you the best chance possible of getting the eviction suspended.

 

On the budget sheet you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Print off their charges from the website (or whatever copy you have) and write the claim number and Appendix 2 at the top left/right. You will then need to take a photocopy of it all before you hand it in as you will need one for yourself to refer to on the day.

 

Let me know what you think:)

 

Ell

Bo2 Statement.doc

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Hi that's fine....If you are OK to amend the statement, where I have mentioned in the statement Appendix 2 (charges), you can affix the arrears statement and write the claim number and Appendix 2 on that as well - do this on everything you are affixing to the statement.

 

Also change the amount offered to £40.00 - I think you will be OK with that. If your monthly payment has gone up by over £150.00 you cannot be expected to pay £200 towards the arrears if your income has stayed the same.

 

If you need me to amend for you just shout:)

 

I'm sure it will go OK for you - just stay positive and get the statement into court tomorrow so the judge gets plenty of time to look through it all before the hearing.

 

Ellx

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Brilliant news - I was confident you'd be OK. Hope you can relax for a bit now your home is safe :)

Help us to keep on helping

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