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    • 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.
    • now read my post again carefully.. dx  
    • Thanks. I often use this free site  https://www.sejda.com/compress-pdf  for work to compress PDFs. If it's no good, as you say, split it, and we'll do the biz at this end tomorrow. Knackered here - more in the morrow.
    • This is the covering email response (all personal details removed) - the pdf with all the info is 8mb - too big to upload - I'll need to split it and redact it tomorrow. Dear, We write further to your recent correspondence. We note from this that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above. This data is provided on the basis that we note that you have already been identified as the registered keeper of the vehicle in question in relation to the dates of 22nd August 2023 and 11th September 2023 and therefore we can be satisfied, to the standard required, that the data collected and processed in respect of that vehicle on that date is personal data pertaining to you. We can confirm that your name and address were provided by the DVLA on 26th August 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 22nd August 2023 Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we entered into legal proceedings on 8th January 2024 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred. We can confirm that your name and address were provided by the DVLA on 15th September 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 11th September 2023 . Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we contacted our recovery agent in order to recover the outstanding sum owed against the Parking Charge. For clarity, personal data sent to our recovery agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. We can confirm, in line with s.(1)(h) of Article 15, that no automated decision-making or profiling, referred to in Article 22(1) and (4), has been undertaken in relation to personal data in this case. We note that Article 22 states as follows, “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”. We can confirm that you have not been subject to such a decision and that the processing falls outside the scope of Article 22. Any automated checks undertaken by Parkingeye in relation to ANPR data will only result in a decision not to issue a Parking Charge. Should the ANPR data we process indicate that a breach of the parking terms and conditions has taken place, any subsequent decision to issue a Parking Charge will require that data to pass through a substantial checking process that includes human intervention. Please note that the UK General Data Protection Regulation provides the following further rights:   •             The right to request from Parkingeye access, rectification or erasure of your personal data; •             The right to request from Parkingeye restriction of processing of your personal data; •             The right to object to the processing of your personal data.   Please note that some of these rights are not absolute and will only apply in certain circumstances. We will review each request we receive in respect of these rights. We do not have to agree with a request but if we refuse, we will still contact the data subject within one month to explain why. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk. You may also seek a judicial remedy. For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.Parkingeye.co.uk/privacy-policy/   Yours sincerely,   Parkingeye Privacy Team
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NRAM/Heliodor Mortgages and possession hearings


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Hi to All,

 

I have possession hearing on 25th Jan. and after reading all the information and advice on this forum, have made an online response (10/01) to the court.

I have made a reply to NR and their Sols, by recorded letter, including a balance sheet, and my proposals.

I received a call from NR Sun 11am and they stated that they can only accept contractual payments from now, otherwise they will go for repossession. This is different from the Concessional Mortgage offer they offered last Aug.

 

Any further advice for the hearing would be appreciated.

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Hi there, what sort of response did you do on line? Did you receive an N11M defence form from the court? If we can gather together more information you can take an up to date statement to the court with other facts to back up your defence.

 

1.Is the mortgage in joint names?

2.How much are the arrears?

3.How much can you afford to pay towards the arrears each month?

4.Are you in employment?

5.Do you have any children living at home?

 

You say you were offered a change to your mortgage (concession?), do you have that in writing?

 

Sorry for all the questions but we need to have as much info as possible in order to draft a full defence.

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Hello Ellen,

thankyou for your reply, and here are the answers:

1. yes joint names

2. £14-15000.00 arrears

3. The contractual payments are £1020.00 but i was building up to paying the full payments, after 1 year on reduced as proposed by NR (£657.00) then they changed the goalposts

4. Yes self employed

5. No children

 

I just did an online response, with a statement of facts regarding how the arrears built up.

 

I did have the letter from NR re the consession mortgage but i have to search it out

 

regards

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OK, do you want help with a statement ?

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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, yes we are ok for time. I will get back to you tomorrow.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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hi ell-enn

I have got most of the docs at the ready,( i found that consession mortgage letter) As i mentioned before i attached a statement to the online court response i could copy and paste it here, or we can start over?

i received no reply to my recorded letters that i sent to the solicitors or NR i did request a statement of charges, is this relevant?

looking forard to any hlp

regards

dave

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Did you keep copies of the letters you sent to them,? Also did you check on royalmail website to see if they signed for them and print off the signature receipts ?

 

It would be helpful if you could post up what you wrote on the online response (remove anything which might identify you)

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hi ell-enn

yes i do have copies, and have checked that they have been delivered. Please see below my statement:

In april 2009 i became unemployed, and informed Northern Rock of my circumstances.

i attended the local job centre, and they suggested that i apply for ‘Pension Credit’

i had an interview, and went through all outgoing expenses, and made the application. The pension department would pay towards interest on the mortgage account.

I realised that i had an insurance running with Barclays, and pursued a claim under a PPI

The insurance paid out on a monthly basis, depending on my supplying them with evidence that i was seeking work. The insurance would run for a year.

i made payments to my Mortgage Account, as i received them from the Insurance.

In April 2010 I found a promise of employment, which took 3 more months to come to fruition.

In all this time I had been in communication with Northern Rock updating them of my circumstances.

In August 2010 Northern Rock offered me a Concession Mortgage’ with a monthly payment, of £657.90 for the period of a year, whilst my income built up, to return to my contractual payments, (£1020.00 per month)

Northern Rock asked me for a forcast of prospective earnings which I supplied, including an Income & Expenditure sheet.

They contacted me back and asked for more proof, of which i replied, I will approach my Accountant, for a letter. The Accountant supplied a letter, and N R said, that this was not acceptable as the Accountant had put a clause in it stating that the supplied income figures were only a forcast, (which they origionally asked for) and not a true record. Well there wouldn’t be a true record as these were forcast figures only, based on the previous three months work done with the new company.

N R said that they wanted to see bank statements showing current earnings, and that in the mean time would put a temporary agreement, in place, until December.

Then in Dec, they started saying that they would start possession proceedings,(To protect their interests) I have paid my Dec payment, and supplied N R with another Income Expenditure as requested. (Jan 2011)

Now i believe i have been in communication with N R during all this period which has been very difficult for my self and my wife, and just as i am getting back on my feet again, N R issue this possession notice which i find very disturbing.

In all of this the arrears built up through a shortfall, of insurance payments, during the year plus that i had no regular income.

I believe that I can maintain the monthly payments, and build up to full payments within the timescale proposed by Northern Rock, thus preventing any other action

being taken.

regards

I will add that this an interest only mortgage with 6 years left. There is no endowment in place to pay off, so will sell up to pay off.

regards

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OK, I'll get back to you this evening and we'll see what we can work out.

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l am going through the same with n rock or n ram ell-enn is helping me too n ram say one thing and do the exact oppisite they also told me they hadnt recieved certain items theyd sent us or asked us for and i know for sure they have

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l am going through the same with n rock or n ram ell-enn is helping me too n ram say one thing and do the exact oppisite they also told me they hadnt recieved certain items theyd sent us or asked us for and i know for sure they have

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The judge will look at the amount of arrears and the time left on the mortgage - if the arrears are £14 - 15,000 and you only have 6 years left on the mortgage you would need to be able to pay £200 extra per month on top of the normal monthly payment in order to clear the arrears before the mortgage term is up.

 

Even if there are charges added to the arrears you are still going to have to find the normal payment of £1020 plus an amount towards the arrears each month. Would you be able to do that?

 

I think we need to ask the court for time to establish how much of the arrears are charges, but I have to say I think the judge would expect you to pay the £1020 while you wait for the info. When did you send the letter asking for a statement? did you send it by recorded delivery and did you keep a copy of the letter?

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The judge will look at the amount of arrears and the time left on the mortgage - if the arrears are £14 - 15,000 and you only have 6 years left on the mortgage you would need to be able to pay £200 extra per month on top of the normal monthly payment in order to clear the arrears before the mortgage term is up.

 

Even if there are charges added to the arrears you are still going to have to find the normal payment of £1020 plus an amount towards the arrears each month. Would you be able to do that?

 

I think we need to ask the court for time to establish how much of the arrears are charges, but I have to say I think the judge would expect you to pay the £1020 while you wait for the info. When did you send the letter asking for a statement? did you send it by recorded delivery and did you keep a copy of the letter?

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hi ell-enn

 

yes sent the letters re charges 10 jan, i checked online that they were delivered. (sols and NR)

 

when NR called sun last, i asked also for an explaination as to why they now are asking for full payments and not the concessionary ones, they said that they would write to me.( no letter)

 

i could pay full payments of £1020

 

regards

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hi ell-enn

 

yes sent the letters re charges 10 jan, i checked online that they were delivered. (sols and NR)

 

when NR called sun last, i asked also for an explaination as to why they now are asking for full payments and not the concessionary ones, they said that they would write to me.( no letter)

 

i could pay full payments of £1020

 

regards

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Would you be able to pay anything towards the arrears on top of that payment?

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

 

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Would you be able to pay anything towards the arrears on top of that payment?

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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