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    • Update!!!    Email received from solicitors (well I was cc'd in on an email to the Court)   Notice of Discontinuance,   Does this mean it's a "Success" and no more to be heard?   Or potentially they could find the correct paperwork and start a new claim?   But, for the moment, I am happy.   Thanks for the help and guidance on this thread.
    • Hi All, newbie here, hope I'm doing this correctly.   Two years ago the wife was using my car and bought a ticket in a train station car park and displayed it on the dashboard. She returned to find a parking charge notice from Excel. It was a very windy day and it had evidently been blown on the the floor of the car as she left. It did not have a self adhesive part to stick to the window. I subsequently followed their online claim procedure and sent a copy of the ticket but the claim was refused. A couple of days ago I received the County Court Business Centre claim form in the post after presuming it would go away after not hearing from them for about a year (the usual threatening letters from debt recovery companies etc).   I wish I had paid the original £20 as this has been a big worry and hassle, but I just ignored most of the letters after reading stuff online. Obviously I want to dispute the whole of the claim but do I have a decent defence? I would cite the fact that the only reason the ticket was not displayed was that it could not be stuck to the window.   Any help and advice would be greatly appreciated.   Name of the Claimant : Excel Parking Services   Claimants Solicitors: Unknown   Date of issue – 08 July 2020   Date for AOS - 27 July 2020?   Date to submit Defence - 10 August?       What is the claim for – Breach of contract - parked without clearly displaying a valid parking ticket in Brewery St car park, Chesterfield on 02.07. 2018. Defendant has failed to settle the outstanding liability and Claimant seeks recovery of of the parking charge notice, costs and interest       What is the value of the claim? £185.00
    • I have had a letter from RBOS saying they have assigned my debt of £3600 to Cabot however it must be at least 6 years since i did anything with this debt, the letter was sent to my old address.   i have had a look around on the site but cant see a FAQ to do with these issues ( probably me not looking the right area)  .   can anyone advise me on what the next steps are as i assume this debt may be statute barred ? but im loath to ring Cabot and go through any details with them and would rather do it via letter.   as back ground i have other debts with other banks and currently have CCJ obtained via backdoor so im obligated to pay that debt. also did a stepchange thing that showed i have no other available funds to pay these other debts off.   any help appreciated
    • Hi all   It's been a long time since I've used this site, I used to be a frequent poster, mainly in the parking subforums.    I'll try and keep this as concise as possible, although it may get a bit confusing, so apologies in advance.  Also I hope this is the right subforum for such a matter, but I couldn't see anything more specific for divorces/family law.  So here goes..   My now ex-wife and I divorced last year, after our relationship broke down due to irreconcilable differences.  She initiated the divorce proceedings so was the petitioner, I was the respondent.  We informally agreed early on that she would stay at the family home (I moved out), and buy me out of my share of the house and contents.   We went to family mediation and hashed out an agreed settlement figure that we were mostly happy with.  A lump sum for the house and contents, plus she would give me the money to pay off several loans for goods on hire purchase that remained in the house, as the debts were solely in my name at the time.    I did not contest the divorce on any point, except she wanted me to pay the court costs of the divorce (£850) since she blamed me for the breakdown of the marriage.  I objected to this on the financial paperwork, stating that I was not the petitioner, plus the cause of the breakdown of the marriage were not due to adultery or domestic abuse.    The financial court ruled against me, meaning the £850 would be deducted from the final settlement figure.  I was looking to appeal against this decision which would have delayed the proceedings by several months, however in the meantime I was able to make an agreement with her solicitors to split the court costs 50:50, so we would in fact be paying £425 each.  They sent this offer in a letter headed "Without Prejudice", stating that if I was agreeable, they would submit an amended financial order to the courts with the amounts amended so I would only be paying £425 instead of £850 towards the costs.  I responded to this in writing and signed the form they sent me, initialling where the amount was changed on the financial order.   This is where it gets a bit tricky.  They then resubmitted the ORIGINAL financial order to the family with the £850 deduction still on it and promptly stopped responding to my calls and emails.  My ex wife has now paid the settlement figure, with the £850 deducted rather than the agreed upon £425.  It's a bit of an odd situation as my ex paid me basically exactly what it says on the court form, even though I made a different agreement with her solicitors.  I feel they've been dishonest in this case, whether intentionally or not but it's still left me over £400 out of pocket.    My question basically is this?  Do I have any legal recourse options available to me against the solicitor?  Does the fact that they headed the offer letter "Without Prejudice" mean that they can basically go back against their word and not honour an agreement that was made in good faith?  I've been doing my own research into this subject and it's a bit of a minefield, but I'm wondering whether I've got grounds for a complaint to the Solicitors Regulatory Authority, or possibly even pursuing them via the Small Claims Court?   Any thoughts?  If you need any more information or need me to clarify any particular points, please let me know.   Thanks in advance CD
    • That IS the question HB.   My literal quote isn't surrounded by additional perspective I commonly add and was shown as is.       "64% of the UK’s trade with all the countries with which the UK is seeking continuity,"   * It seems a given that Johnson is not seeking continuity with the EU HB   * Undoubtedly the reality is they just mean 64% of continuity with the handful of African nations that the reference was in despite it implying something else   In which case, a more accurate statement than that presented by Johnson the Liars representatives would be:   We've managed 64% continuity with a small group containing a small handful of African nations which are a small part of Africa as a whole and an utterly tiny part of world trade   and presumably, as they have singled that out for special mention to give their chosen implied perspective ... - that 64% continuity (a little over half we have as part of the European Union) the best 'continuity' deal they've managed so far with any county or block.   It certainly isn't 64% continuity of even JUST the external to the EU beneficial trade we have as part of the European Union let alone replicate the benefits with the rest of the EU   and Don't forget thats just continuity - carrying on what we currently have - and not any new or additional/improved deals  
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marcoleche

Possession orders - secured loans

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Is there a protocal for loan companies and banks to follow when it comes to ratios of property equity value, ie can a loan company force you out of your house once they are granted a possession order by the courts, even though the porperties main mortgagee have not got a possession order? The main mortgage is far greater in value than the loan, but both companies have security by way of a charge over the property, ie: a 1st and 2nd charge respectively. Can one company work without the other? Will the 2nd charged company have to wait until the 1st charge have recouped their losses? or can they force the house to be put up for sale without the 1st charged knowning?

 

Any info and feed back welcome -:confused:

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Hi there, can you give a bit more information - i.e. is your 2nd charge lender threatening a possession claim?

 

Once we know the detail we can advise further.

 

Ell-enn


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I have the same issue. GE have a second charge on my home. Halifax is the first charge (and by far the biggest). I am in arrears with GE of £1,000 (this figure also includes charges). They are taking me to court in 2 weeks for repossession. I have been in conact with GE as my circumstances have changed I have had to take a drop in salary to the extent where I am loosing £350 per month. I asked for an extension of the term to lower the payments or a reduction in payments until the end of the year with no admin charges and extra interest added on. They said that they were unable to do either and that I am required to pay the regular monthly amount plus at least £70 off the arrears which I cannot afford to do. In the 5 years I have had the loan, I already have £2,000 in charges against me.

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Hi there, is your Halifax mortgage up to date?

 

Apparently GE have a newly formed department called Customer Resolution (supposedly formed to help keep people in their homes). Might be worth speaking to them?


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Hi Ell-enn

 

Sadly the Halifax is not. I am 2 months away from the end of a 6 month suspended repossession order. Any idea how this will affect the GE court case?

 

I actually sent a SAR letter to GE the day before I got the papers from the court. I haven't yet heard back from GE. I am wondering whether I can get in touch with the court and ask for an alternative date for the hearing so there is time for GE to respond to the SAR or whether to attend on the date that has already been set and bring this up then. I am going to continue with reclaiming the charges as the arrears are just slightly over half of what makes the arrears up to £1,000.

 

I have also written to them asking them to qualify the fee of £40 per month to adminster the account.

 

It is beyond me why, when they are aware of a situation, they pile on the agony by causing the arrears to keep escalating by adding such extortionate charges. :(

Regards

NN4

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This is the address of the Ge Money team Ell-enn mentioned earlier.

 

Complaints Resolution Team

GE Money

Capital House Unit A

Bruntcliffe Way

Morley

Leeds

LS27 0JG

 

Phone number: 0870 125 2545

 

Fax number: 0113 240 4801

 

What you need to do is fill in a detailed budget of income and out goings spreadsheet. You have the life of the mortgage to pay the arrears. If a judge sees that you have tried to do something about the arrears then he will probably suspend it. A suspended possession order means that the order has been granted but you will not be repossessed as long as you can keep up repayments. If you do not maintain the repayments towards the arrears then the lender can obtain an eviction warrant without the need for a court hearing.

 

If you have a repossession order it does not mean you will necessarily lose your home. For your home to be repossessed the court will have to acknowledge that there is absolutely no chance of you paying the loan back, and they will give you a number of opportunities to repay the arrears before granting a repossession. In many cases the possession order will be suspended or postponed, giving you the opportunity to repay the arrears within a reasonable time.

 

Most courts used to say that up to five years was a reasonable period in which to clear the arrears. However, a 1996 case called Cheltenham & Gloucester v Norgan decided that a reasonable period can mean up to the end of the mortgage term. The judge, the lender's representative or an adviser may refer to the Norgan minimum. This is the amount that would have to be paid every month, in addition to the monthly instalment, to clear the arrears by the end of the mortgage. This is the absolute minimum payment that a court can allow when granting a suspended possession order.

 

I would call that number and try and do a deal with Ge Money about the arrears, tackle them about the charges also. Get a spreadsheet ready with your income and expenditure listed. Fill in a spreadsheet here:

 

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales


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Thank you Ukaviator for the advice. I will fill in the sheet over the weekend and send it by fax with a covering letter. Hopefully, an agreement can be reached and they will cancel the court hearing otherwise it is just more cost. I had a letter from them today telling me I have incurred a legal fee of £23 at an interest rate of 9% after 28 days. This is a notice to let me know I am in arrears and I have the pleasure of incurring £23 for something I already know. No doubt they will send me another one in a month's time! Will post again to let you know how I get on and I am certainly going to send the letter for the return of the charges once they respond to the SAR I sent them.

Regards

NN4

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