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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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    • If you are buying a used car – you need to read this survival guide.
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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.  

      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
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calling all Mortgage Express customers


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No, you are not alone.

 

Just over years ago, I wrote to them of my possible pending financial difficulties 'Recorder delivery'

 

>> No response

 

Month later sent another

 

>> No Response

 

Another month later

 

>> No Response

 

Another month later, I phoned only to be told that they have not received it. Then I faxed it. Over 3 days of talking to them, when my phantom fax appeared and disappeared of their screens, there advice was extend the term and ask for top up loan. 3 weeks and £40 later was told they could not do it because my original mortgage was Status and now I would need non-status.

 

>> So No

 

Last year, I lost my job and missed a months' payment and then for the next 2 months could not pay full amount. They offered to suspend DD until I told them it was OK to present it. In April they presented it out of the blue without any communication to me. Bank charged me £20 ME £35 plus they cahrge me £30 every month for arrears.

 

There is a whole catalogue of arrogance.

 

In summary, There is no continuity.

 

Every time someone writes to you it is the first time they are writing and have absolutely no knowledge of what has gone on previously.

 

They never listen just shout patronisingly.

 

They never respond to letter except when you put a formal complaint to Customer Services and then it is more arrogance.

 

Harassment, bullying and psychological torture runs through their blood.

 

Would I employ them selling ice cream on a sizzling summer day in a fairground?

 

>> Not even if they were the last and only candidates in the world.

>> They would shut McDonalds down in less than a quarter.

 

So, you are not the only one. Ironically, my solicitor did warn me against them saying I would be better off with a bank but ME offered the best deal on paper.

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  • 1 month later...
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Well, I am not BTL. This is my only home and it is partly funded by MX.

 

My arrears are 0.0083% of my total mortgage. In fact charges on arrears are higher than the arrears.

 

They applied for possession and have been granted a suspended possession order.

 

Now, we can scream, shout, plea, beg, cry foul ... we are not going to get anywhere.

 

Have you heard about the story of 2 cats who find a slice of bread, start fighting and take it to the so called wise monkey. I hope you have, if not drop me a line and I shall enlighten you.

 

My moment of enlightenment came at the hearing.

 

We are all cats in a world run by monkeys. So, whether it is the Govt, judiciary or the finance industry or any 'body' appointed by them. I would not count police or army amongst them - they are the fall guys between cats and monkeys. We cannot change this status quo for monkeys need cats and cats need monkeys but they cannot be in direct contact with each other, hence the need to have the fall guys.

 

We have 2 choices:

 

1) Cats make peace with the monkeys even if it hurt a little or lot.

2) Cats join forces and make monkeys realise that they need cats as much as cats need monkeys and get them to share the risk equally.

 

Let me explain:

 

Currently, the lender does not lose. So, possession is in everyone's BUT borrower's best interest. Hence, it's is applied for lightly and granted by default in less than 5 minutes.

 

Say, the property is worth 500,000 with a mortgage of 400,000 and possession is granted. Lender sells it for 300,000 and then takes you to cleaners for remaining 100,000 plus whatever charges/arrears you have collected. And, the process ensures that everybody (estate agents, solicitors, judges ...) make money in the process while skinning you alive and all the time making you think that everyone is working in your best interests. And, then they give you a shack paid for by your bretherns. See the analogy!!

 

A fairer alternative

 

Again property worth 500,000 funding by lender 75% (So, they own 75% and you own 25%)

 

2 repayment options

 

1) you pay interest and you keep the profits and

2) you don't pay interest and when you sell the property (for any reason inc possession) you take 25% of the proceeds.

 

Do you think there will be many possession applied for?

 

You know when people said the world is an illusion, I used to ask them to bang their heads against the wall and then tell me if they still think the world is an illusion.

 

Now, I am convinced that the world is indeed an illusion.

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Hi Tembo, I take your point but what I was trying to say was that the borrower will lose for certain as the lender will keep chasing the borrower for losses + interest + charges and 90% of the borrowers will become solvent in time for the lender to recover their monies.

 

If you know it differently maybe you could tell me how I could walk away from it all and have ME write it all off. Am I missing something.

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  • 1 month later...

Hi Dehowletts, Thank for your offer of help.

 

I tried to send message a few times but your mailbox was full, so here it is on the forum.

 

I am still in the $#!"£$. My son is 16 and goes to college, the wife works full time and I get any work that I can. We just about meet our priority bill panic when the phone rings - not so much the DCA but friend relative inviting us/them, wedding, b/days. We are becoming very reclusive now.

 

Anything support/guidance you can provide would be most appreciated.

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  • 1 month later...

Hi dehowletts, thank God you are back.. wondered where you disappeared off to.. hope your mailbox is emptied out now ,, treid to send mail to you but it would not go through 'cos your mbox was full. What is this with GMAC. Mine was with GMAC as well. Last year my reduced interest mortgage (for the first 3 years) expired and MX offered 5 year reduced rate which I signed. Anything I can say/do on account of having been with GMAC originally? Just wondered. I will try sending the mail through to you again.

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  • 4 months later...

Hi, I am back in court next month. This time it's review. Last time I was in court, the judge granted suspended repossession and I was told to pay my normal monthly instalment plus an amount to clear the arrears in the remaining term of the mortgage (thanks to help given by dehowletts and Ell-enn).

 

When I went to make my August payment the guy and MX said, "Let's look at whet the court decided." He said, "the court has ordered my payment to start from 1st Sept and that as long as I pay before the end of the month this would be fine." And, since then I have been paying instalments required before the end of the month.

 

So my arrears are ~£2500 at the end of the month. Court review is 1st week in April at which time the arrears will be ~£3200. Also, the solicitors sent me a bill of £411 in Oct 2009 saying that I could pay before 14th Dec or their charges will form part of the arrears. Last time they even tried to get penalties on to arrears but the judge said this was not allowed.

 

Where do I stand and what I need to do or take with me to the court.

 

Also, one more thing as I left the court last time the judge said MX's behaviour/conduct was not in her jurisdiction and advised me to my case to OFT. But, MX's final response said if I was not satisfied with them, I should take my case to Financial Ombudsman. Who should I take it to?

 

My main complaints are that:

 

  1. They never give full name (only give first or last name).
  2. General £!$$ you off by either cutting off or not coming back or refusing to take the payment for one reason or the other, like call later, he/she has had to go for a break or the systems are down. And if you call 40 mins or so before closing time, the phone is repeatedly cut off and then 'sorry we are closed'.
  3. Any promise or agreement they make on the phone is denied later and you cannot even speak to the original person - any excuse.
  4. Repossession proceedings were rushed through - I was told that I had to clear arears within six months and if I could not the case would be sent to HO for decision. I phoned and wrote asking for case to be referred to HO. I never received any reply to that - usual conduct with MX (the trails die down and others are started). and when I phoned to asked why the repossession proceeding if I am still awaiting their response to my request. the guy just said, "They could not get hold of me on the phone" - one call!! I was called the day before the court hearing ...the guy gave his first name and when I called back, I was told there is no such person in the company.
  5. Plus general arrogance and harrasment when calling to pay.

Thanks for your help in advance.

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  • 9 months later...

No. there is no justice. Odds are stacked in favour of the rich. If you look at the original laws of England hence the rest of the world, the laws were put in place to protect the wealth of the wealthy. So, if you are rich you can get so called 'justice' today but if you are in the upper segment you have to hope and pray.

 

MX, the banks, the judges and the law makers are all in it together. Justice is no more than a game. If there was justice then once they repossessed your property that should clear you of all debts taken against the property. After all, they had it valued before lending you the money. Amazingly enough those who are in a position where they can never lose have the most rights and the ability to absolutely ruin you. This includes Councils, IR and the VAT amongst other. Banks come in the same category; only the mechanism is different.

 

You have my sympathy and my prayers. I have suffered in their hands too.

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  • 1 year later...

Update on my case. After all the aggro from Mortgage Express gave me I have ended with a suspended repossession as previously stated. Judge said court has no jurisdiction on how companies conduct their business. So, I complained to FOS and after lengthy investigation Mortgage Express refunded all charges and paid me £150 for inconveniencing me. Some silver lining... effectively they bought suspended repossession. Court got their money, lawyers got their and my pain was valued at just £150. MX are still as arrogant and disorganised as always. Still changing rules and putting charges on. I avoid all contact on the phone with them.

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  • 6 months later...

Hi, Here is what happened with me.

 

MX played their usual tricks i.e. lies, more lies and hounding and cornering. I went to court for a repossession hearing. The judge heard MX's side, acknoledged my side and then said 'Can you play £30 extra per month towards arrears?' I had £1200 arrears and tried to explain that this was really one month's arrear but MX have wrongly stated that I was 5 months in arrears; interest coming down bringing my monthly repayment to just over £200. The judge repeated 'can you or can you not pay £30 per month' - if not I grant repossession now. I said I could and MX was granted suspended repossession with review in 6 months time.

 

I turned up for review and this judge asked MX if they had any complaints and MX said no. This judge effectively told MX to stop wasting court time for petty sums as even on that day he had dealt with arrears of £30000 upwards.

 

So, it really depends on the judge. There is no justice as such. Judges are partial.

 

Update on my story is that I took my complaint to FOS. MX agreed to refund all charges and paid me £120 for 2+ years of pain. Suspended repossession remains which is probably all that MX were interested in and for £500 of accounting it was not a bad deal for them.

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  • 1 year later...
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