Jump to content


  • Tweets

  • Posts

    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • 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
      • 160 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 please? reposession order for the 18th Feb 2009


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

Thread Locked

because no one has posted on it for the last 4189 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

You'll need to decide if you're putting in an N244 by tomorrow at the latest

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

  • Replies 227
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

To update you I have had several calls today with M Ex which have got me absolutely no where but they have delayed me taking everything to the court, I am now rapidly running out of time if you see this and you have time could you help me to complete the N244 form please and if possible just list everything I need to include? many thanks

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

Have you paid the £590.10 to bring the account back into line?

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, I'm just doing dinner.... will be back in half an hour or so. In the meantime print out the schedule of payments I affixed to a post earlier. Can you get proof of the £50.10 payment? (print off from internet banking?). You also need to complete the budget sheet affixed to the same post as the schedule of payments.

 

I'll draft a statement for Q10 of the N244 and if yo ucan stay online we'll get all this done tonight.

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 and yes i can stay on-line and I'll be back here at 8.00pm I did get the schedule of payments which I amended slightly to include the DWP payments

De Howletts Payment calculations2.xls

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

OK, print off the schedule of payments and write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Have you completed the budget sheet yet?

  • Confused 1

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 I have a REALLY BAD feeling about this -if the worst comes to the worst at the very least do you think I will get more time to vacate? I have 12 years of 'life' in this house and no where to put it

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

I think it will be OK. From the schedule of payments you can show that you have reduced the arrears since Oct 11.

 

Affixed is the N244 form. and below are the instructions for completing it: (I will affix the statement to go with Q.10 in the next post)

 

1.Your names

2. Tick Defendant

3. Suspension of eviction

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 The Applicant Believes

Sign and cross out all options except Applicant

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

n244_0400.pdf

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

Affixed is the statement to affix to the N244 form. You need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) - read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page. On the Budget sheet write the claim number on the top left hand corner and Appendix 2 on the top right hand corner.

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendix 1 –Schedule of Payments + proof of £590.10 payment

Appendix 2 - Budget Sheet

 

 

This forms the pack to take to court. Make sure it is stapled securely together. Before handing in to court take a copy of it all for yourself to refer to in the hearing. When you hand it in to the court you will need to pay a fee of £40 and it will have to be in cash (take the eviction warrant with you). They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

De Howletts N244 statement Aug 12.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

Thanks so much Ell-enn

 

f the eviction is upheld do you think they'll allow me any additional time to vacate??

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

also will I have the same judge do you know please?

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

When was the last time you were in court?

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 I thought 2010 but M Ex are saying 2011 but I can't find a record of that so I am double checking I haven't filed it in the wrong place, are you concerned that the judge is going to think I'm thee once too soon (if at all)

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

No, I was just wondering how long it had been since you saw that judge - if it's a fair while then, given the amount of people that will have been through the court, it's unlikely the judge would remember you.

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

arghhh ok if they uphold is it reasonable to ask for more time?

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

It won't be upheld!

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 LOVE YOU!!! u just made me smile 1st time today :-)

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

Well keep smiling then :)

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

hearing at 10.00 am Monday with the same judge - there were no duty solicitors

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

oh and they'd moved the court!! so I only got there today

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

EVICTION OVERTURNED WHOOP WHOOP!!!!!!

 

THANK-YOU Ell-enn sending you big cyber cwtches!! (like hugs but much bettererer) :wink:

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

Told you :)

 

Well done! Can you give us some infor regarding how the hearing went please - it's helpful to others to hear what happened in court.

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

Yeah of course I will, let me just feed my munchkins (my nephew's here too) and then I'll post the useful bits :)

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...