Jump to content


  • Tweets

  • Posts

    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

#repossessions : Acenden / Capstone Please its driving me to a break down


maye1981
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2825 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi i have amortgage with acenden / capstone / preferred balanace about 35000.

 

arrears are £9000 approx that are maid up mainly from charges and them paying my ground rent arrears.

 

I have been to court about 3 years ago and got a susppended possesion order paying £250 pm extra on top of my mortgage.

 

About 2 years ago they applied for eviction but i won and the court agreed a lower £150pm extra payment.

 

I have been paying this amount since but just before christmas my wife needed gall bladder surgery so was off work. We have been paying our payment late every month on the 23rd instead of the 1st due to thats when we get paid. my wife got paid later last month so i owe£150 + mortgage paymen.t I have just recieved a tlt solicitors letter stating they have applied to the court for a eviction date.

 

My dd went on the first of april so that all i owe on my arrangment is £350 ( £150 +mortgage payment).

 

I have offered to bring my payment arrangment upto date today but they will not continue with my arrangment, they are telling me to make a offer of lump sum and also saying that £150 will not be enough per month for them to stop eviciton.

 

Is it possible to get a eviction stopped again or am i screwed, all i can think of is my 2 year old, i will bring my payment arrangment upto date today but they are no0t happy with this please help me

Link to post
Share on other sites

  • Replies 167
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi i have amortgage with acenden / capstone / preferred balanace about 35000.

 

arrears are £9000 approx that are maid up mainly from charges and them paying my ground rent arrears.

 

I have been to court about 3 years ago and got a susppended possesion order paying £250 pm extra on top of my mortgage.

 

About 2 years ago they applied for eviction but i won and the court agreed a lower £150pm extra payment.

 

I have been paying this amount since but just before christmas my wife needed gall bladder surgery so was off work. We have been paying our payment late every month on the 23rd instead of the 1st due to thats when we get paid. my wife got paid later last month so i owe£150 + mortgage paymen.t I have just recieved a tlt solicitors letter stating they have applied to the court for a eviction date.

 

My dd went on the first of april so that all i owe on my arrangment is £350 ( £150 +mortgage payment).

 

I have offered to bring my payment arrangment upto date today but they will not continue with my arrangment, they are telling me to make a offer of lump sum and also saying that £150 will not be enough per month for them to stop eviciton.

 

Is it possible to get a eviction stopped again or am i screwed, all i can think of is my 2 year old, i will bring my payment arrangment upto date today but they are no0t happy with this please help me

 

Bring the agreement up to date. If they apply for a warrant of eviction, put in a stay application and point out in your application that you were behind with the agreement due to your wife's ill-health (provide proof) and that you have now brought the agreement up to date.

 

It is extremely unlikely that a judge will allow an eviction to go ahead on the basis of a period of provable ill-health leading to missed payments that have now been paid.

 

If your arrears have somehow increased since the SPO, then you ought to go through the paperwork thoroughly and add up any charges and remove them from the arrears figure provided to you - only actual arrears should be presented to the court as arrears, not charges or fees.

Link to post
Share on other sites

Hi, let us know if you receive an eviction notice and we can help you defend.

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.

Link to post
Share on other sites

  • 1 month later...

Hi I have been away for two weeks and arrived home today. Its here (the evicition notice) date of eviction is 13 june so i have to act fast. Ell-enn can you help me defend plaese.

Link to post
Share on other sites

Hi there, I cam help you with the N244 - you will need to get it to court in the next couple of days in order to get a hearing before the 13th. Let me know when you're ready to start :)

 

You had a thread back in 2009 http://www.consumeractiongroup.co.uk/forum/showthread.php?213298-Capstone-applied-for-a-warrant-for-eviction-please-help&highlight= was an eviction warrant served then?

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.

Link to post
Share on other sites

Hi I had a suspended possession set at £250 pm on top of mortgage payment. I missed a couple of payments and capstone enforced the warrant. I went back to court and the judge agreed £150 pm extra was more realistic. I have maintained this but my wife has suffered with gall stones and ended up having a operation. My account has been running late by one payment for a few months. I asked capstone if I could change payment date to 25th as when my payment becomes due on the 1st I have been paying it on the 23rd. But they said no and continued chargeing me £115 pm. On the 14th of April they called and said my april payment was not made there and then they would enforce warrant.,

Link to post
Share on other sites

At the property is myself and my wife and two kids. We have a ongoing complaint with the fos. Capstone offers a very small settlement and fos recommended it go to a final adjudicator for a decision. It's still going on. My arrears are made up from charges and do not reflect what capstone are saying.

Link to post
Share on other sites

Hi, ok you need to get an N244 done. I can help you with the statment to go with it but will need to do it tomorrow - is that ok?

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.

Link to post
Share on other sites

So you just need a statement for Q10 of the form?

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.

Link to post
Share on other sites

OK, will post it on here shortly. Is the mortgage in joint names?

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.

Link to post
Share on other sites

Hi, affixed is the statement to go with the form. You need to enter the info where there are XXX's in the statement (remove the xxx's). When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on one page. Read through the statement carefully to make sure it is correct.

 

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

 

These are the instructions for the rest of the form:

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 The Applicant Believes

Sign and cross out all options except Applicant

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

 

Now assemble as follows:

N244 - signed

Statement - signed

Budget Sheet - Appendix 1

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there.

Maye1981 N244 statement.doc

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.

Link to post
Share on other sites

OK, let us know when the hearing is.

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.

Link to post
Share on other sites

Just a thought as I was in a very similar situation to you, can you take receipts of payment/bank statements in with you showing the date you pay every month as this would stand you in good stead with the judge and if he is as decent as mine was will change your payment due date. I was very lucky I didnt have any physical evidence but their solicitor was very sweet and confirmed that all payments were made around the same date every month and the judge changed date there and then, this also prevents them being able to whack on £115 every month.

Another thing that I have learnt is if you pay over the phone apart from the fact they will charge you £5 for the privaledge, is that it can take 3 days to be added to your account, if you pay using their online system, the date you pay is the date shown on your account. Hope that helps a little.

Link to post
Share on other sites

Hi thanks ell for your help and fast response and thangs slgsue for your advice.

 

Date for hearing is on 10th, my 30th birthday so not a great start.

 

If it does not go my way will the court allow me more time to find another property or will I still get evicted Monday.

Link to post
Share on other sites

I'm sure you won't need to do that - you are able to commence payments, you have a complaint with the FOS regarding the arrears charges, and the arrears they are claiming is made up almost entirely of charges. There is virtually no chance a judge will give possession in your situation.

 

However, if by some small chance the hearing does not go in your favour you should aks the judge for leave to appeal then go straight to the court counter and ask for an N161 form to ask for an appeal hearing in front of a circuit judge.

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.

Link to post
Share on other sites

Hi my inbox isn't full

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.

Link to post
Share on other sites

Hi in court in the morning, totally forgotten but how do I address the judge? Also when I was at reception the lady crossed out 15 minutes on the n244 and write 5 minutes. She also said wow my 7 acenden this week and it's only Wednesday.

Link to post
Share on other sites

A few tips for tomorrow - you should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. Sometimes the representative for the other side will ask to speak to you, it is up to you whether you do or not. If you do, and you feel intimidated at any time, just end the conversation by saying you would rather wait for the judge to decide.

 

The hearing will take place in a private room with just the judge, you and a representative from the other side. It is usually conducted around a table, like a meeting. The public are not admitted. As this is your application for a hearing the judge will speak to you first and explain what is going to happen. The judge will know that you are nervous and they are usually very good at guiding you through the process. If you have to address the judge it should be Sir or Madam – and don't interrupt them when they are speaking!. The whole procedure should take no more than 5 or 10 minutes.

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...