Jump to content


  • Tweets

  • Posts

    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • 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

Please help, I have just received a Notice of Evicition


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5379 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

Hello,

 

I have just received a notice of eviction from Uxbridge County court for the 7th of July!

 

Has the date been changed?

 

See how the hearing is going and if necessary mention it - take the paperwork for that with you as well.

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

Sorry, I mis typed the date. It was supposed to be 9th not 7th. I'll take the paperwork for the £20k case.

 

Do you know what the procedure is tommorow? I'm pretty nervous. Do you know what the judge will ask me?

Edited by ineedmortgagehelp
Link to post
Share on other sites

You should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. Sometimes the representative for the other side will ask to speak to you, it is up to you whether you do or not (but don't give anything away or agree to anything with them) and if you feel intimidated at any time, just end the conversation by saying you would rather wait for the judge to decide.

 

The hearing will take place in a private room with just the judge, you and a representative from the other side. It is usually conducted around a table, like a meeting. The public are not admitted. The judge will know that you are nervous and they are usually very good at guiding you through the process. If you have to address the judge it should be Sir or Madam – As you are making the application the judge will speak to you first - don't interrupt them! He/she will most likely just speak about what you have put in the N244. The judge will then speak to the other side's rep and then give the order. The whole procedure should take no more than 5 or 10 minutes.

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,

 

I've justy come out of the hearing. THe judge noted everything I said and listened intently to the lenders solicitor. Then he refused my application on the basis that the lender will not be paid until I start my new job on September! :(

 

I pleaded with him and he kept refusing. I asked if I can appeal, he said yes but he then said he is refusing leave to appeal.

 

Can I make a new application to suspend the eviction tommorow?

Can I appeal his original decision?

Can I stop the eviction tommorow?

Can I ask for more time to leave the property, I wont be able move all my belongings by tommorow 9.30am?

 

I'm so scared

Link to post
Share on other sites

Hi there, you can appeal to a circuit judge, but I think you need a solicitor for that. I'll be back shorltly when I've made some enquiries - best bet is to ring Shelter and tell them it's an emergency, they may be able to help you with it.

 

Ring them now. 0808 800 4444

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

So sorry to hear your news. When I was evicted, they say by law you have 14 days to remove belongings. It's impossible to move everything out in such a short time.

 

Agatha c

 

I think that this applies to the date it was served on you not from the hearing....

Link to post
Share on other sites

Ell,

 

I just spoke to the court staff again. They said that the judge has stated in the order that he has refused leave to appeal. So they said I can appeal against the refusal of that decison only, if i am successful they said I can go to the high court do appeal against the decision against not suspending the warrant. This will cost £150!

 

Do you think I should make another N244 application for a suspension of the warrant due to a increased payment proposal. I was thinking of offering £350 per month towards the arrears and to clear the remaining arrears within two years by the sale of the property?

 

I have until 3.30pm to submit either form and the battery on my laptop is draining. Things are going from bad to worse :(

Link to post
Share on other sites

i don't know if i did the right thing, but i made the second application to suspend tomorrow's eviction. i increased the contribution to arrears to 350 and said i'll repay the amount by the sale of the property within two years.

 

if all else fails would they give me time to move out? all i need is a couple of weeks to sort myself out, before i get thrown out by the bailiffs

Link to post
Share on other sites

Hi - I was so sorry to read your news:(

 

I think the judge's problem was that you wouldn't be able to make any payment at the moment as you haven't started your job therefore the arrears will get worse before you are in a position to start paying.

 

Is there no way you can get some money together to offer in the meantime - silly question, I know - but this is an emergency situation - perhaps family or friend could help?

 

If you were able to pay something then there is case law which might be of use at the next hearing (when is it?) The case law is:

 

Royal Bank of Scotland –v- Elmes April 1998 Legal Action 11, Clerkenwell County Court

Issue – suspended possession order on payments less than current instalments

A district judge suspended a warrant for possession for three months on terms that the defendant pay £250 one month and thereafter £500 per month for two months, thereafter the case would further considered. The defendant had good prospect of obtaining employment within the period. The lender appealed in the basis the court had no power to suspend on terms of payment less than current instalments.

Assistant Recorder Thomas Q.C dismissed the appeal, and held that s.36 of the Administration of Justice Act 1970 enables the court to impose any terms about payment so long as the borrower would, within a reasonable period, be able to clear the arrears and pay the current instalments.

 

Ellx

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, you need to take a statement like you did today - I've affixed one for you.

 

Attach a copy of your job offer letter from your new employer.

 

Hope it works for you.

 

Ellx

Ineedmortgagehelp Statementfor Hearing.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

 

I really REALLY hope you've not been back on line yet cos you're out celebrating somewhere??? & you're gonna update with a hangover & good news!?

 

DeH's xx

 

ps - if not then just remember no matter how much this is taking over your life right now (and I DO REALLY UNDERSTAND my date's the 20th July & my case not as strong as yours) it is only bricks and mortar not your health (ok it's not great for your health but you know what I mean) that good health & time are soooooooo much more precious than money buildings etc

 

& that "one hundred pounds worth of fret don't pay one pounds worth of debt" an old Jamaican saying that my daughters grandad has always quoted & it's helped my sanity!!

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

Hi All,

 

I'm really sorry I haven't been online since Thursday. I was evicted last thursday as the court refused my application to suspend for the second time. I also was refused a stay for 7 days to remove my belongings.

 

The judge wasn't impressed at the hearing. In fact, he looked at my file in detail and saw my level of arrears (£58k) and realised that I missed 47 months mortgage payments. Baffled he looked at the file for about 10 minutes and sterningly asked whether I had any legal training. I had to be honest and disclosed I had did have a legal background in Commercial Law. He said he thought so, because i had managed to keep Abbey out of court on a legal technicality for the past three years.

 

He implied I was abusing / manipulating the process and my application amounted to a de facto appeal against the previous judge and he said that I had 'prejudiced' Abbey by preventing them taking the matter to court much earlier since 2005.

 

Well it's not my fault that Abbey's team of highly paid lawyers couldn't find their way out of a paperbag for the last 4 years!

 

Anyway, the guy sided with Abbey and throw the application out of court.

 

In all honesty, I do feel somewhat relieved that it is all over. The property was worthless as it's in serious negative equity. I realised on the night before the eviction I could rent a much better house in a better area for less the mortgage repayment.

 

I guess everything happens for a reason!

 

I would like wholeheartedly thank Ell for all her help the past couple of weeks. She has been an absolute godsend.

 

I would also like to thank everybody else for their support and kind words.

Link to post
Share on other sites

Hi, I'm truly sorry to hear you couldn't secure any more time - it must have been very traumatic for you and I can't begin to know how you must have felt. However, at least you know you did everything possible but given the background I'm sure you knew it was only a matter of time:(

 

I applaud your strength in carrying on your fight to the last minute - I only wish there was something else we could have come up with to give you a bit of breathing space. Where did you go after the eviction? and have you found a new home yet?

 

Ell

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

Oh mate I'm truly sorry............

 

& your right everything defo does happen 4 a reason (even if it's damn hard to find sometime!)

 

as a BTW - 2 people I know have recently had their homes repo'd & 2 weeks 4 one later & 4 weeks later for t'other & no one's been to change locks/ collect keys etc so can u not still get your stuff??

 

i was kinda demented not so ago feeling really fed up cos of paying my mortgage for the last 11 years sacrificing holidays for home improvements etc - the usual rubbish we all do...

 

then when i touched base with close family & friends (i'd kinda ducked out on most of em deciding my yuck mood was best not inflicted on others) i learnt that my godson is in crown court for a crime he didn't commit & could get 3 years (complete travesty of justice but that's another story), one of my best friends is about to go through a yucky divorce with 2 v small children, & my poor brother-in-law & his wife have been trying to conceive for the last 4 years & have re-mortgaged to the hilt....

 

all of this humbled me 2 say the least i have my health, my daughters & a reasonably healthy marriage (all things considered)

 

so i agree with u & i like your attitude/outlook ........'k sera sera' (NOT a clue how to spell this!!) what will be will be

 

big love DeH's x

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

  • 2 weeks later...

Thank you Ell-enn and Deh,

 

Sorry I haven't been here for while. Well, I went back home to my parents house that day. I guess the safest place is your family house! :)

 

I've made a appointment to collect the rest of my items next week. I could then put closure to this horrible chapter of my life.

 

My family have own a flat in central London I could stay in. But I don't feel like going back to London.

 

I think this repossession has been a wake up call. I went to the Australian Embassy got a visa and plan to go work and travel over there! I guess the stress of the arrears, phone calls, letters, court dates and hearings and taking its toll. I feel free to explore life again and guess i'll be heading out for a long trip down under. At least the property prices are cheaper! :)

Edited by ineedmortgagehelp
Link to post
Share on other sites

Hi I

 

Your last entry made me smile!! Good luck!! xx

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 know you may feel relieved about the fact that there is closure - but I am afraid that wont totally happen yet until the property is sold and then they work out what your remaining debt is - and that will be a large amount by the sounds of it - you still need to know what happens after the possession as they can still pursue you for the monies in the future. I know you can not pay now but what about in years to come?

 

Not trying to be pessamistic but it may not be as simple as just walking away?

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...