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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. 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 only contracted 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. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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GMAC/Wave lending- repossession **Tried twice we won both**


lizzyjc
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i did question him at the time but didn't want to seem pushy.he said that they collect all the folders and he has clearly stated it is to be suspended.i guess they know what they are doing.he told me if they turn up then they have wasted there time lol

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Exactly. IF they turn up just tell them to call the court. The bailfiff will only knock on the door if there is somebody from the mortgage co to meet them. So really do not worry about that. Like Ell said just give the court a quick call if you do feel uneasy. Relax you won. There is nothing anybody can do. You get to keep your home What a feeling eh...

 

olives xx

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Well done!! Hope you have a happy christmas

xx

NatWest

 

S.A.R - (Subject Access Request) sent - 02/01/07

Statements received - 15/01/07

Prelim sent - 24/01/07

LBA sent - 15/02/07

Claim filed in court - 20/03/07

Court date received for 26th June - 01/06/07

Received offer for full & final settlement from Cobbetts - 22/06/07:D :D

 

 

Capital One

 

S.A.R - (Subject Access Request) sent - 26/06/07

Statements received - 03/07/07

Prelim letter sent - 17/07/07

Letter received - 07/08/07 - WON!!:grin:

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Thank you.

All i can say is if you are worried and are in the same or similar situation talk to someone on this forum.Ell-en is fabulous and provided me vital advice.It is hard to tell family members and friends what is happenening but people here can help and do support.

MERRY XMAS EVERYONE

XX

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So pleased for you, Ell is an angel from above, she also helped my daughter in the same position as you. Try and relax now, I know its not as easy as it seems but providing you stick to the agreement you will be fine. Totally agree that it's not something you openly discuss with family and friends, I only found out the extent of my daughters problems when it was evident she was practically having a breakdown due to the stress and pressure.

 

Have a lovely time with your family, Christmas and always

Love

LilyLou

xxxxx

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Wave Lending are really horible Lizzyjc, if you miss payment by two days they will be applying for another warrant, they done that to me twice for paying slightly late. GMAC are very understanding when compared to Wave, they have a specialist debt collection dept that does not think twice about sending u off to court for eviction when u are late.

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they weren't quite that bad with us,however despite letters when they took over from GMAC regarding us being contacted to help resolve arrears all they wanted was payment in full.No offer of help atall!!!!!

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lizzyjc, I have just finished reading your story, at the age of nearly 64 I'm sitting here with tears in my eyes. Well done, not least for the result but for having the strength not to give in and a very large Well Done to the CAG team especially Ell Enn. Since joining this forum it is amazing how much strength these great people give us. A Merry Christmas to you and your family and to All the Team on here.

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  • 3 months later...

Hi you helped me before back in december.Anyway to cut a long story short we fell behind,we had an eviction date for next tues,7th april.I went to court today and although the judge was annoyed we had defaulted as we can afford it he ruled in our favour and suspended on the agreement of 125 towards the arrears.He was in favour of the ruling that arrears can be paid over the rest of the term of the mortgage and not the 4 years these solictors etc seem to allow us to believe.Anyway this is where i need advise.The representative was asked to appeal if it was ruled in our favour and the judge said he wouldn't allow it as it wasn't in anyone's favour to do so.Then he said they will have to appeal to a circuit judge but said it was a waste of time and that it would never be granted.I asked what that meant and he said that they have 14 days to ask for permission to appeal and told me not to worry and just get on and pay the mortgage.Is this a common thing to happen and what can i expect as i should imagine the mortgage company are going to be angry about the ruling.The judge said the eviction will be cancelled and that we should just get on with our lives.Any advise greatly received

thank you

lizzy

xxx

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Hi there, solicitors for the other side can sometimes ask for leave to appeal of they are not pleased with the judge's decision (shame eh?). However, as your judge did not grant it, he will have entered that into the case notes - I think it's very unlikely the lender will appeal as it will cost them more in legal fees and there is not much chance of them winning.

 

As the judge said, just get on with paying the mortgage - if they do appeal we'll deal with that if and when it happens.

 

Try to relax now and enjoy your home :)

 

Ellx

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I am so on edge at the moment as i swore after last time i wouldn't let it happen again.They couldn't wait for us to miss lol

If they was to appeal then do we get a date of a hearing etc.They can't just get another warrant can they??

xxxx

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Hi, no they can't get another warrant just like that - they would need to get leave to appeal the order - even if it was granted you could defend again. Try not to worry - it's very unlikely to happen.

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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I think the judge would be angry with THEM if they ignored his decision.

 

Concentrate your energy on meeting the payments due, and not on a solicitor who is just trying to maximise their fees.

 

You really should not worry.

 

Good Luck.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hi - Tony's right, just concentrate on the fact that you have your home safe.

 

Look at it this way - some cocky just-qualified solicitor doesn't fancy going back to his boss and saying he lost the case :rolleyes: soooo - he decided to get something out of it by asking for leave to appeal - probably just to see if you were scared by that - he was just pi**ed off with losing that's all !

 

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.

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Hi - Tony's right, just concentrate on the fact that you have your home safe.

 

Look at it this way - some cocky just-qualified solicitor doesn't fancy going back to his boss and saying he lost the case :rolleyes: soooo - he decided to get something out of it by asking for leave to appeal - probably just to see if you were scared by that - he was just pi**ed off with losing that's all !

 

Ellx

Hi Lizzy.

 

Like Ell said this some silly solicitor trying to prove how efficient he/.she is. The times are hard for everybody so judges are not going to evict people on some solicitors say so. These days they have to have very good reasons. Carry on paying. IF this does go to court then you would have had time to prove that you are going to make a go of it.

 

As far as swearing you will never go through it again, well I said that and I eneded up in court 3 times in a year and I still have my house.

 

Take a deep breath and live for a bit. If they take it back to court then just go with the flow. the hardest part is done.

 

Well done for winning today

 

take care

 

olives xxx

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Hey Lizzy

 

dont worry yourself at all, ths is just a threat that lenders and their solicitors will use, my lender did that last time I went to court because the judge told them right off and told them not to put the charges onto my account,

they said they were appealing it and I just said well see you in court and now after 3 weeks I havent heard anything, I think they are just trying to intimidate you.

by the way I had a barrister from the city appear at my hearing and boy did he look silly. before the hearing he gave me all sorts of documents with case law that he was going to put forward to the judge.

Judge told them right off and said he was going to send a letter to the lender, after the hearing the barrister said well done for fighting for yourself and said that he didnt expect me to win at all, the hearing took over an hour.

 

and that hes never seen anyone so determined and well informed representing themself.

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