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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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HELP: Repossession hearing Cheshire/Blemain


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Basically I think we are up the creek without a paddle!!

 

Hearing on 30 April. Arrears are just over £1,600 but by the end of this month will be just over £2000.

 

Arrears arose because I lost my job last year, we were ok paying the payments until around Christmas when hubby's income took a nosedive and hasn't really recovered. He has started with a new company in the hope that more regular work will be supplied.

 

After reading loads of threads on here and elsewhere, I don't think we have a hope in hell of saving our home because we have very little income.

 

We have a shared ownership property, we have approached the housing association to buy back our half and revert to full tenants. They are looking into this, but won't decide until we have seen a debt counsellor, which we are doing next week.

 

I have claimed JSA, but don't think I'll get much more help.

 

I really don't know what to do. I just feel that going to the Court without any realistic payment proposal won't help and a possession order will be granted.

 

I have a couple of interviews next week, and can only hope that I obtain employment.

 

Can we ask the Court for more time for the housing association to decide about buy back and/or selling the property? Obviously, in the current climate I'm not sure how long it would take to sell.

 

Any advice would be appreciated.

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DONT GIVE UP WITHOUT A FIGHT - you CAN ask the court for more time for the housing association, get a letter from the housing association and ask them to list the options available and what timescales are involved.

 

Have you been to court before or is this the first time? If your husband has lost his job it doesn't mean you will loose your house.

 

Ell-en is the person to contact now as she is the expert....

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Hi Sillygirl1 - this is the first time at Court, so I guess it will be down to the Judge on the day. I'm hoping that by the time we go to Court, our situation will have improved.

 

I wrote to the HA last week by post and email, saying that their decision was now urgent as possession proceedings had been commenced.

 

Thanks for your reply.

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It SHOULD NOT be left to the 'judge on the day', they have plenty of time to negotiate with you and a first hearing does not mean you WILL be reposessed immediately, they will probably go for a suspended possession which means if you miss a payment they will be straight back to court for possession via a court bailiff, this can be contested on the grounds you have already tried to negotiate with them and your shared ownership people and have limited resources until the DSS payments kick in (or another job surfaces for your partner).

 

Ell-en will be around to help you during the week but this can be fought - I went to court 6 times (three each between main lender and second charge people) before the second charge people got a hollow victory.

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Hello Foreveraloe, If its any help I had a repossession order suspended for 18 months, i did have to go to court every 6 months just to prove that i was paying the amount agreed by me and fixed by the judge. In this day and age the judges are seeing so many people struggle and are willing to help all they can, all is not lost and i would be very surprised if you lose your home. Try not to worry.....easily said than done I know x:)

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Hi there, if the hearing is not until 30th April we have plenty of time to get a defence together. Make sure you get as much evidence from the HA as you can, letters etc confirming your options - they should be helping you as much as they can given the new government initiatives for councils.

 

Ell-enn

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Thank you all so much for your replies - it has given me some comfort and hope!

 

Being that we have a mortgage with a "sub-prime" lender no interest rate cuts have been passed on, if they had, I am in no doubt that we could have easily have managed.

 

Was also a bit worried as sub-prime lenders seem to be a bit more aggressive in their repossession stance.

 

Thanks again.

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Who is the lender?

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.

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Ah yes, it's in the title of the thread - sorry :)

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.

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good luck make sure u record everything that blenheim say they are known and not very well respected,make sure everything is in writing from blenheim...el will help you through the maze but dont worry it is not as bad as you think it is only do not accept phone conversations with blenheim make sure it is all in writing and converse with el before you do anything good luck

patrickq1

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Blemain again... That's about the fifth repossession attempt I've read recently, these people just don't care. I agree with Patrick, don't answer the phone to them. They charge £35 a call and after 28 days they add interest at the same rate as your loan/mortgage. Good luck with everything but I think you need to see the CAB or Shelter as they could also put pressure on your housing association. Will be thinking of you.

 

Kind regards, MG

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Thank you everyone for your responses. I appreciate it very much.

 

I have only ever spoken to them once on the phone (well hubby did) and the usual story wouldn't listen, just kept on saying want full payment plus payment off the arrears. I always put everything in writing and send the letters recorded as well. That doesn't stop them phoning the house phone at least 3-4 times a day as well as our mobiles. Luckily I've got caller ID, so I never answer it!

 

Went to the CAB today and whilst the lady was very helpful, apparently we have to see a specialist debt counsellor as the HA require proof we have been to see someone. We have been referred, but it could take up to 2 weeks to be seen. I did stress the urgency of the matter bearing in mind the pending hearing, so hopefully we will be seen earlier. The CAB did say that it sounded like Cheshire had not followed protocol properly in that they hadn't really done anything to help the situation, i.e. payment holiday or accepting lower payments.

 

I did also consider going to Shelter, so I think I'll look into that.

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Well, the telephone calls continue! 3 so far today!

 

Have an appointment tomorrow with a debt counsellor at the CAB, so hopefully they will be able to help. Rather more bizarrely, I phoned Shelter about advice etc, and if I could just call in or would I have to make an appointment. The lady I spoke to said that as their service was "means tested" someone would call me back and ask me a few questions to see if I qualified or if I earned too much money!!! Eh?? I thought their advice was free???!!

 

Is this right??

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I can't believe this - it just gets worse!!

 

Received a letter this morning from the housing association stating that they have no funds to buy back our share of the property and therefore will not help us!!!

 

With this prospect down the drain, I now think that the mortgage company will defo get possession at the hearing.

 

CAB weren't much help, only to say that we should try and claim more benefits, I have to go back next week, not sure why, but we're really up the creek now! We just don't have anywhere else we can go. We will be on the street I fear!!

 

I really thought that the HA would help.

 

Really don't know what to do now.

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Really sorry to hear this; you need Ell-en. She wrote something about councils having to help now. But also she can help you prepare for the hearing. I would think the judge will be sympathetic to the ridiculous rate of interest Cheshire charge so make sure you bring that up; also the late payment charges on which they charge interest too. Keep fighting even though it's hard.

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Anybody got any further advice on this and what I should do now? With very little income, there is no way we can offer to pay the monthly payments plus an amount of the arrears - unless by some minor miracle I get a job by the time of the hearing!!!

 

I'm really at my wits end now and have been in tears most of the day. Hubby doesn't know about the letter yet!

 

I just don't know how we are going to get out of this.

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I hope you will get the answers you need. I know only too well what you are going through, as we have the exact same problem with G E Money and we worry we will be on the streets.

 

If ell-enn does know about what councils can do, it would be really good to find out.

 

Kxxx

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I've done a bit of research about the Council scheme, and apparently there are certain criteria you have to meet and I believe one of these is you have to be in a "vulnerable" group, whatever that means! Don't think we fit into that category.

 

What really annoys me that most of the help agencies can only offer you advice if you can actually meet the monthly payments and an amount off the arrears. They seem to be at a loss as to what to advise when you can't actually do that.

 

The other thing that concerns me is that if the house does get re-possessed the trouble we will have in trying to find somewhere to rent privately because all agents do a credit check! Seems to be a no win situation.

 

Everything I've read seems to say offer the monthly payments and an amount off the arrears! Well, that's not easy with very little income.

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Markiemark1 - Blemain are quoting £60,688.29, which includes an early redemption charge and legal costs. There's probably a bit of equity but it is a shared ownership property. Houses where I live are not selling that fast and I think we would be lucky if we got more than £65K for our share. We are going to put it on the market though but we need to find an agent that will defer payment for the HIP.

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Hi, I reckon some of the legal experts on this forum were away for Easter so don't despair, proper help will come along soon. Two things for now; make sure the amount Cheshire are quoting is accurate; they sling in all sorts of things which may not be fair or correct. Either the CAB or your local Trading Standards Office should be able to help you with this. And that they are not calculating the payment using the Rule of 78 (you can find more about that by searching in the forums). They were disciplined by the FSA for doing this.

 

Re HIPS, most agents charge way over the top for providing this and you can get it done yourself more cheaply if you can find the cash. If you let me know where you live I will try and find you a good price via the Landlord's Association. Sorry you are having such a rotten time.

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