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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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Abbey - not looking good


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To be honest you don't need to fill in the N11M form, the statement and appendices tell the whole story (the court will accept this OK), the only thing you could add is a budget sheet to reflect your income and expenditure. I have affixed the one we normally use - it calculates automatically as you fill it in so you can adjust the figures until you get them right then just save it to your PC and print it off - label it Appendix 2 and it can go with the ESA document.

 

 

When you have got everything together, you need to assemble as follows:

 

Statement - signed

Appendix 1 - death certificate

Appendix 2 - ESA, budget sheet and doctor's letter

Appendix 3 - DWP contribution letter

Appendix 4 - Estate agents documents

 

This now forms your pack for court - you need to ensure it is securely bound together, it may be too thick to staple so you might have to get a thin folder with a grip in the centre. Try and hand it in to the court on Monday if possible - while you are there ask if there are any free legal advisors in attendance on the day of your hearing - a lot of courts have them nowadays and they can accompany you into the hearing and speak on your behalf.

 

That is good news Ell. I will follow your instructions exactly, and will also ask about the free legal adviser, thank you so much for all your help, although thank you seems so inadequate for all you've done.

Can I just double-check on a couple of things:

 

 

  • Do I hand the printed N11M in as well as my pack?
  • Question 22 asks if I have any other credit debts (I have plenty) – do I have to answer that? I haven’t acknowledged any of my other debts for a long time and don’t really want to start now. Are they likely to bring this up during the hearing? Santander would know about it from my credit report.
  • Question 25 asks about priority debt arrears, I'm kind of up-to-date with all of those except gas and electricity.

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You don't hand in the N11M defence form at all, most of the questions on it aren't relevant to your situation-

 

just hand in the statement I drafted and all the appendices, that's all that's required.

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You don't hand in the N11M defence form at all, most of the questions on it aren't relevant to your situation-

 

just hand in the statement I drafted and all the appendices, that's all that's required.

 

great, thanks very much for that, I just wanted to make sure I've got everything clear in my own head. You mentioned a budget sheet but I couldn't find it anywhere on your message.

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Sorry, it didn't affix last time

Budget Sheet.xls

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Hi, did you hand the paperwork into the court ?

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Hi, did you hand the paperwork into the court ?

 

I did thank you Ell, all delivered and just waiting for the big day now - though not particularly looking forward to it.

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I did thank you Ell, all delivered and just waiting for the big day now - though not particularly looking forward to it.

 

It's understandable that you will be anxious about the hearing, but do try to stay positive. There's no point in me telling you not to think about it - that would be impossible given the situation, but you could try and think about how you will feel when the ordeal is over with :)

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Its funny, I feel a lot less stressed now the paperwork is in and have resigned myself to whatever will be, will be (but fingers crossed its in my favour), thanks again for all your help.

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Hi massamum so the judge granted a 56 day repo order.The lender will still have to apply for the eviction notice so there,s another two weeks,altogether you have about two and a half months to get this sorted out im going to have another read through your thread later and see if i can come up with something but for now stay strong and dont give up yet at least there is a little breathing space to work with.

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Hi newstarter, thanks very much for your reply. I really appreciate all your help but have decided to throw in the towel, I can’t take the stress anymore – ended up in hospital overnight last week with severe chest pains and have decided to sell to one of the quick home-buyer people. A huge loss but will just have to cut my losses and will hopefully break even with what I would’ve got if Abbey had sold (plus all their arrears and charges). Will now concentrate on finding somewhere to live, impossible when you’re on benefits so at least now I will have capital and can hopefully move on with my life and make full and finals to all my other creditors.

 

I spoke for myself at the hearing, but like I said I feel the outcome was a foregone conclusion. I can barely remember what was said, still reeling from it all.

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Hi Massamum - I'm so sorry you didn't get longer to sell the house - is there no way you can sell it through an estate agent?, it's heartbreaking to think you have to sell at a low price. I wish there was more we could have done, but without an offer to pay off at least a little of the arrears each month it was always going to be difficult.

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Hi Ell, house has been on the market with two different estate agents since last June and I’ve had very little interest in that time, market is dead where I am. Interest and charges going forward would’ve made the whole debt so much bigger and after a long, hard think I realised it was time to walk away while I still can.

 

You helped me more than you will know Ell (and Newstarter) and I can’t thank you enough for that.

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Hi there im sorry,no in fact im gutted i have racked my brains trying to think of another soloution but you have made your decision and i respect that,but i just wish i could have done more.Under the circumstances your doing the right thing and as you say you will have the worry of this off your shoulders.

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Hi there im sorry,no in fact im gutted i have racked my brains trying to think of another soloution but you have made your decision and i respect that,but i just wish i could have done more.Under the circumstances your doing the right thing and as you say you will have the worry of this off your shoulders.

 

 

So sorry for you but do agree your health is more important so at least some of the stress will be removed you take care

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Hi there im sorry,no in fact im gutted i have racked my brains trying to think of another soloution but you have made your decision and i respect that,but i just wish i could have done more.Under the circumstances your doing the right thing and as you say you will have the worry of this off your shoulders.

 

Thanks newstarter, like I said above, you and Ell have helped me more than you will ever know, your support has been invaluable. I just want to fast-forward six months and have this horrible time behind me.

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Hi Massamum,a money order with regards to your situation basically means that your lender has been granted permission by the judge to claim the overall amount owed by you and any shortfall once the house is sold.This is why you need to get the best price you can for your property.Say for example you sold your house for 70,000 yet you owed 100,000 to your lender,the money judgement allows the lender to chase you for the shortfall and can be enforced through say an attatchment of earnings,the above is just an example to explain what a money order is,also a money order stays enforceable for 20 years.This is why i always advise people to fight like hell against repo orders if they can because repossession can be just the start of your problems,so whats to do about this ?

 

Well the judge gave you 56 days plus they will have to go back to court for the eviction order so there is some time left yet.You said earlier that you are going to sell to a private company in order to get a quick sale,whatever you do be careful,shop around and read all the small print.At best i reckon you will be getting around 75% of the house value,will this be enough to clear the overall debt?.Also look for a company that does a sell and rent back scheme,but be carefull your not tricked into a short term tenancy agreement if you go that particular route.The main thing is to make sure there is very little or no shortfall to pay the lender after the sale.I know your feeling really sick about this

and have not got the stomach for another battle in court and that you want to see the back of this property but what you do from here on in will make a big difference in terms of the next few years.Im gutted for you myself ! however thats not going to sort this out,take a look at some of the private companies,start making some enquiries then come back on the forum tell us wht they offer and we will advise,regards N.S

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Above all remember you have support here at the cag,any questions,any worries you have regarding all of this then come straight to this forum,myself and others will be around to help as much as we can but i cannot stress enough you must get your head around this and make a start,make some enquiries look at the small print and come back to the forum if and when you need some questions answering.

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Thanks very much for your in-depth reply Newstarter, 20 years is a long time isn’t it!!!! Luckily there is quite a lot of equity in the house to repay the mortgage so please God it won’t come to that.

 

I’ve already signed with Property Rescue Limited (have you heard of them?). The offer was only ‘on the table’ for a couple of days before it would be withdrawn so I grabbed it. I’m tied in now. It was a desperate act and I’m not sure it was the right thing to do but too late now. It feels like they are stalling and the papers say they’ve only got an option to buy!!! I wish I’d asked for advice on here first but I was half out of my mind with worry and stress at the time. Stupid with hindsight.

My house was on market for £235k but Property Rescue said it was overvalued according to sales in my area and offered me £160k (which I accepted), the outstanding mortgage is £77k. I know it isn’t a brilliant amount but will get me out of trouble.

I wouldn’t want to rent back my house, as it would be too expensive (three beds). I’ve been looking around for a flat and have found one that I like but of course, having no job, they want six months’ rent paid up-front!!! I’ll be able to do that once/if the house is sold ….

It is a nightmare.

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Are you sure you're tied into this deal? - I don't thing any house sale is cut and dried until the last minute - and it's a hell of a lot of equity to lose. Go to a solicitor (you can get a free hour's advice at most firms) and ask them to check the paperwork for this. I know you have a lot on your plate, but please don't lose all that equity without exploring other options.

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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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Well i did some research this afternoon and it looks to me like your getting more or less the going rate from them in terms of these private companies and to be honest i cannot find anything in the way of bad press or complaints.I must admit im in agreement with Ellenn here its an awfull lot to loose and personally i would be looking to apply on n244 at the eviction stage for an extention of time so i could do my best to sell on the open market,however if your still determined to go down this route and be shot of the place i can understand that too.I would check to see if i were tied in or not to this agreement ,if not you could at least shop around a little more and please,please before you go signing things come back to this forum where we can advise before you sign on dotted lines,even the most simple of questions you will get help with on the forum,we are here to help and advise so use us,its no trouble:smile:

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