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    • BTW, the reply I got to an SAR shows they got my keeper details from DVLA via ZatDVLA and apparently their footage shows the vehicle being stationary for 38 seconds.   Time for sleep.   Thanks again.
    • Morning all,   the pdf in my previous post is an error. Could soemeone delete it please as I don't seem to be able to myself. Thank you.   Correct files are below. Had to be 2 as file size limit would be exceeded.   What a night, got myself in a right muddle switching between file formats to ensure security. To cap it all it's my birthday today.   Thank you in anticipation final multi.pdf Second two page file elms 1 and 2.pdf
    • This is a draft of my WS   By no means final   Negatives:   doesnt follow smoothly    long winded   not much referene to cases except Beavis     I have tried to attach appendied but failed miserably, but I may not need them   The appendix are essentially:    IPC COP example of a contract between landowner and a PPC   IPC COP re entrance signages   IPC COD re sanctions on members who dont comply   JPEG of the erected signage showing that its back is to the entrance of the car park hence not in immediate view   JPEG of a receipt from 16.1.2021 ( yesterday) proving I went there and had a look at the signages     Not really sure if the appendices will make much difference en my defence   Please make any constructive comments etc..   I will have a look at the many links  FTM Dave kindly provided. I havent in detail because bene typing for the last 7 hours      Anyhow Thanks All             WS redacted-merged.pdf
    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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


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Ell thanks again. I would prefer to keep my share but if you feel i should sell I will go down that route. Sorry I don't mean to make it sound like I am asking you what to do just your opinion. The fee was £135. Should I be ok next hearing provided I maintain or could acenden still sway the judge with their representative. The judge commented on how my mortgage with preferred has changed to capstone then to acenden. Being passed from pilar to post was is exact words. Do you think acenden read these posts

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At 10:15 capstone called and said they would still be evicting me. I was waiting for the circuit judge to be free. Lowest point of my life!!! It's now time to strengthen my defences. I'm going to pay them a month in front. I'm going to ignore that they say I can't because the system does not understand. I'll pay it into their account by online banking. So I'm always a month in front. It's time also for me to accept my part in this , yes they have in my opinion always tried to keep me in arrears, asking for building insurance certificate and then adding £200 charges for insurance saying mine is not adequate, the ha sort buildings cover out, they send me the block insurance cert every year, they did this for years. But like I say I have to account for my part and I have had one! Excuse me for saying it how it is but I have had a big kick up the ar@se this weekend and will never forget it.

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I can't advise whether you ought to sell your share or not - I think you have to work out what you can afford going forward. You need to be able to maintain your payments on time - not a day late here and there. If you don't want to pay by direct debit you can set up standing orders so you have control, but make sure you allow a few days for the payment to get to their account - if the payment is due on 28th of the month set up the SO for 25th (if possible), so they can't ever say you are late with payment.

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Yes I understand. I will continue with dd payment method. I'm starting a complete overall of outgoings saving where I can. I can't give them another chance to do this again. It's time to move on. I'm 30 and have time to turn this around, I need to drop these arears fast. I've just spoken to midland heart and I have asked them like Leah said if they can help me with my finances. They are going to arrange a meeting with me so it's got to be worth a couple of hours of my time surely.

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You say you will continue with direct debit payment of the mortgage? didn't they stop collecting the arrears amount and just took the normal monthly payment? you need to make sure the additional payment towards the arrears is made otherwise they'll be screaming "breach of agreement" again.

 

When did they start taking just the mortgage payment?

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You can pay using their online system free of charge, you just need to register with them, but bear in mind that only one of you can register to use the account online as their system wont allow them to have both names registered!!!! This would mean that you can control how much you pay and ensure they have the payment on time, it also has the added benefit of never needing to speak to those morons again. Just thought having all the options available is best, if you pay by S/O they will charge £5 per month and if they have failed to take the arrears payments in the past by d/d they can and most probably will again, hence meaning you are put in this position again and may not be so lucky.

I have been using this method for months now and I can print off my receipt as well as email confirmation, see the how much arrears I have left (which is quite satisfying!!!), dont have to speak to the pleasant people in their litigation dept and have peace of mind that my house is mine!!!!!

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I've just got back from court - so you've added to my list of 6 homes saved today!

 

Well done, pleased the judge was sensible.

 

I've read all the other comments. I think it is wise to go over your finances in person with someone from the housing association as they can help you adjust things as necessary. Going forward you need to know what is a priority payment (rent, mortgage, Council Tax) and what come in order after those items and pay them accordingly. I am sure the person who you have arranged to see will be able to explain it all clearly to you and help you to create a budget you can stick to.

 

Please don't rest on your laurels. Many people get to this stage and think it's all over - it's not. You need to sort out the charges issues; you need to chase up your complaint to FOS; you need to get proof of your wife's medical issues (when you return to court you will need all the proof you have referred to today); you should seek to reduce the arrears as soon as you can BUT you should not get yourself into further difficulties by overpaying - my suggestion would be to keep paying the amount you agreed to (set up a STANDING ORDER as Ell suggested) and your current monthly instalment, rather than try to overpay and perhaps leave yourself in difficulties. If you have extra money, save it up and then pay lump sums off the arrears by sending a cheque and a letter stating the amount is to be used to help clear the arrears.

 

I am sure that you are on the right track now and that you will remember this period of time for a while to come - but so long as you stick to the agreement you made everything will work out. Do not forget that whilst the eviction was stayed you are still subject to a suspended possession order and the minute you fall short on your agreement, Acenden will issue another warrant.

 

Good luck!

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Watch out for them saying that the revised amount was not paid on time, they will search their direct debits (if that is how you have been paying), seen one hasn't been made and have you back in court for an eviction hearing faster than blinking.... remember they are not organised and one department does not communicate with the next.

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My only word of warning for setting up the standing order is that they will charge you a £5 admin fee for the privalege, so this is something to be wary of. I know £5 a month doesnt sound much but over time it mounts up. After being very very close to where you were today, I make it an absolute priority that once my husband gets paid (we have a court order allowing us to pay in the middle of the month without incurring any charges) I go online and make my contractual payment plus agreed arrears repayment and I do this religiously once a month!!! As far as I am concerned, that is £5 you can pay towards the arrears.

Lea is spot on the second your payment is late, they will go for the jugular, be vigilant and dont give them an excuse. My personal experience is that I overpay on my arrangement by a couple of pound a month, sounds silly but this makes me feel a bit safer in knowing that if the interest rates go up I have a little in back up on my arrangement and for a can continue to afford my mortgage going forward.

I feel like an advocate for their online system, the only thing on their of any use is the payment system lol, cant say it will work for everyone, but for me its great, I save every payment confirmation email and keep it in my acenden file in my inbox, just for any future attempts they try at saying my payments late and I have breached my court order. Perhaps set up the DD for the contractual amount and use this system to pay your arrears installment and keep from being charged. Just be religious at going on and checking your account, I do this perhaps once or twice a month and what you can tell can be quite surprising, for example them trying to add charges on your account which should not be there!!!

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As said above, you must be absolutely vigilant in making sure you payment reaches them by the due date - this will probably mean making the payment a couple of days before the actual due date.

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  • 1 month later...

Hi, my court date is set for monday, i have made payments as per the instruction from the circuit judge. I have today recieved a large pack of evidence that tlt have submited to the court. I am worried again about the outcome. Like i say i made my payments but its the thought of court again.

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You are making payments as ordered by the circuit judge, that is good, it shows you are committed to paying your arrears and keeping a roof over your head. I cant imagine a judge evicting you when you have kept to their instructions and as he said before your circumstances are better now. I hope this doesnt spoil your weekend and wish you all the best for Monday.

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Any news?

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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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  • 5 years later...

Hi everyone, came onto site for advice on reclaiming charges and came across this. I cannot believe I did not add a final response it must have been down to the stress.

 

 

Anyway, after 5 years since standing in front of the circuit judge I have never missed a payment, my mortgage is up to date payment wise, still some charges added that I need to catch up on but basically I have a clear credit file and my mortgage is reported green every month on Experian. I now only speak to Acenden once a year and that's when they try on their buildings insurance [problem].

 

 

Long story short, I buried my head in the sand and Acenden was there to take advantage :) I am looking at moving in 6 months to a new build and have been able to source a mortgage with a high street lender, something I thought was impossible.

 

 

One thing for sure is that without Ell-enn, leah and many others I would have lost my home, several times. Sorry its 5 years late but thank you all!!

ps Keep fighting them!

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Well done maye, hope your not stressed anymore, bet you cant wait to be rid of them?

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