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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Being evicted twice on 25 March -**" Warrants cancelled" **


Sodem Hall
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Hi, have you completed a budget sheet? - I have affixed one for you in case you need it.

 

I can help you with the N244 this evening if that's OK - I'm a bit tied up at work this afternoon. I can prepare a statement for Q10 of the N244 ? are you able to print it off at home?

CAG Budget Sheet.xls

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Yes completed budget sheet and sent to them with offer waiting to hear, received a response from them late yesterday "

We write further to your email of today's date, the contents of which are duly noted.

Please be aware that we have requested a statement of account from our client and once this is received we shall forwards this to you by post". If they have requested from endeavour and when they receive it will post to me, I cant see it arriving before the eviction date even though on our letter we said we needed before this friday. Thanks for your help. I have a scanner, fax and printer at home so fine with any format.

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OK, you will need a copy of the budget sheet and the letter you sent them to go with the N244.

 

Back later....

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OK understand. Are you OK with filling in the form or do you want me to post instructions?

 

I'm drafting a statement for Q.10 of the form and will post on here shortly.

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Quick question, is the Endeavour mortgage in joint names?

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Is this all correct?

 

1. Your name

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 I Believe

Sign and cross out all options except Applicant

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

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Is this all correct?

 

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 We Believe

Sign and cross out all options except Applicant

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

 

Yep, very nearly 1. should be names (plural) and 10. is WE believe.

 

back with the statement in a mo

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Statement affixed. You need to enter the info where there are XXX's (remove the XXX's). The info for the top part will be on the eviction notice. When you print out the statement make sure your printer is set for A4 paper, not Letter size, so it all stays on one page.

 

On the budget sheet, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

You should now have:

 

N244 completed and signed

Statement signed

Budget Sheet - Appendix 1

 

Take a photocopy of all of the above and make 2 sets, one to take to the court and one for yourself to refer to in the hearing. There will be a fee of £35 to pay at the court - you will need cash, usually they don't take cheques or cards. They should give you a date for the hearing while you are there. Let us know what the date is.

Sodem Hall N244 Statement.doc

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When you take the form to the court they will tell you which day the hearing will be on.

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OK, one down - one to go !

 

make sure you ring the court in the morning to check the eviction has been cancelled - while you're on the phone to them see if they have a date for your hearing.

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Hearing Wed 24th March at 10.15, so what do I do now? what happens about moving out if things dont go our way, can they expect us to move out in less than a day?. Do we look for alternative accomadation which will mean we will have to put a deposit down before we know whether we are staying or not. We have been in this house for nearly ten years now and it is crammed to the rafters with stuff we would be lucky to move it all in a week let alone a day. If things dont go our way can we have the repo order postponed to enable us to move out properly?

 

Thanks

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I have stated this in my defence, but knowing my luck it will turn up in wednesday's post. Thanks for the support, unfortunatly there are a lot of people in the same situation. There are a lot of vultures out there as well, since the eviction notice was served i have had a load of phone calls from debt management and "we will buy your house off of you and you rent back" rip off merchants.

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I have just received 3 letters from Halifax's solicitors stating that the warrant has been suspended and the file closed. All letters to me (have they not heard of saving the planet). Checked with the court and they havnt been notified yet, but have it in writing from them anyway, so have some evidence if i need it. Will check with the court on monday to make sure it has been cancelled.

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If you can show you are able to make payments going forward I'm sure it will all be OK. Stay positive :)

 

Any questions before Wednesday, just shout.

 

Ellx

 

 

Hearing Wed 24th March at 10.15, so what do I do now? what happens about moving out if things dont go our way, can they expect us to move out in less than a day?. Do we look for alternative accomadation which will mean we will have to put a deposit down before we know whether we are staying or not. We have been in this house for nearly ten years now and it is crammed to the rafters with stuff we would be lucky to move it all in a week let alone a day. If things dont go our way can we have the repo order postponed to enable us to move out properly?

 

Thanks

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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