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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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

Eviction imminent, please help! **SUSPENDED**


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Hi Ell-enn, I wasn't able to leave work as early as I'd hoped, so I will have to email the documents when I get home. Will have to submit tomorrow.

 

Thanks for keeping me "on track" N.S. The arrears payment is the most important part and I will emphasize that.

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Hi Ell-enn, did you receive my Q10 email ok?

 

Hi, yes I have received it and emailed a reply :)

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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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Babsmary has put a question onto my thread and I worried she might not get "noticed" there by the right people to help her - can you guide her to the right source?

 

I have moved her post to a thread of it's own here http://www.consumeractiongroup.co.uk/forum/showthread.php?291622-Bankruptcy-question and sent her a message.

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've put the N244 form into the court and they rang with a hearing date - Feb 3rd. Mortgage Express has written to say they will honour the S.A.R request within 40 days but I have to pay £20.00 to a different department to get a copy of the title deeds. They also wrote to say they will add £300.00 + VAT to the mortgage if I'm evicted and that any "maintenance" their "external service providers" have to do on the house, in order to make it "marketable", they will charge to the mortgage as well. I didn't realise mortgage companies were in the business of home improvements - on behalf of evicted families! On the other hand they "would like to make me aware that repossession of your property is the last course of action we would want to take" - not sure if this is sarcasm or irony. And "if at any point you are able to make a proposal for repayment of outstanding arrears" I should contact them. I suppose my previous phone calls, letters, emails, don't count. It's just adding insult to injury. Ell-enn, I did take on board your comments and I made my statment a bit "thinner" - all I can do is hope that the judge has faith in my proposal. I am told that if the decision goes against me, I can apply immediately for another hearing - try another tack perhaps. Is this your understanding as well? Or I can put in an N161 - to appeal? Can you clarify this? Many thanks, NL

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From what I can see it looks like you can get yourself into shape in a few weeks.

If I was you I would do the following

 

Look for a smaller house as I get the impression you live alone why not down size, then you can have loads of spare equity and you can pay off the depters.

 

Alternativly I would do the following, waste their time.

Find out how long you have and call the courts and make a diffrent date for a hearing, in the mean time pay the amount owed. you can easily reschedual twice.

After you win/loose you will have to pay the fees as the company is going to make you pay them (ask the judge to penalise them for bringing the case before them as you were paying, and that he should express that you dont have to pay them in the order for the costs),

If they are still going to evict you, then appeal and take your time, you need to find out how to waste time so ask a solicitor who know, never admit you are wasting time as you will get penalised for it.

 

I am not experienced in this sector so get advice, My advice is my view so please ask a legal representative.

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Hi ninthelife,well the paperwork is done and you have a hearing date,you have done the right thing in terms of thinning out your statement.First off at this stage take no notice of the letter you recieved,although it does give an idea of the charges they attempt to add when a home is repossessed,you can see why its important to fight a repo order if you possibly can.I always argue that repossession can be just the start of someone,s problems,however we must stay focused,the main concern here is the hearing.Dont contact them and be persuaded to make a deal you cannot afford in fact dont contact them at all.Lets not dwell on what happens if your appeal is dismissed,concentrate on the appeal itself for now,you cannot fight 2 battles at the same time,especially when the reason for one of them has not yet occurred so lets not go there yet,lets get our heads and paperwork ready for the court date,one thing at a time.

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P.S dont let your mind run through different senarios which may not happen,stop panicking and stay focused (easier said than done i know) but please stay focused,by doing this you are giving yourself the best chance possible.Oh and one more thing when i sent a S.A.R to my lender i recieved a copy of the deeds along with the rest of my paperwork so i know what you have been told is nothing but bulls**t but we shall deal with that later.

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When the chips are down, you really find out who your friends are....the ones who offer to store some of your stuff, when they've already got too much of their own. The ones who offer to look after your cats, when their own cat might get his nose out of joint. Wow, I am humbled by the kindness and generosity.

 

A concern was raised by my cousin, who has spent a lot of her career in courtrooms - usually as the plaintif. In the amazingly fortunate situation that I have the eviction stayed, she tells me the mtg. co. could just apply again for eviction in a few weeks/months time. Is there anything I can ask of the judge, to allow us a modicum of security for a period of time? - give us a chance to breath?

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Your lender can only go back to court if you do not keep to the terms of an arangement made in court and that is fact.For example say a judge ordered you to pay the normal monthly payment pluss an extra 200 per month and you defaulted on that agreement then yes your lender could apply for a new eviction order but if you keep to the terms your lender can do nothing,they have to accept the judges decision their hands are tied so you have been miss-informed there.

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It really depends on the lender, some lenders want the property quickly (so they can slap on even more crazy charges, I had a £4,500 'asset management charge' added to my measly £500 shortfall)

 

It also depends on the judge at the end of the day, if they feel you can turn the situation round and stick to the agreement then do what you can.

 

Sadly lenders still see the litigation path as their 'safety net' when it should not be used as such.

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Your lender can only go back to court if you do not keep to the terms of an arangement made in court and that is fact.

 

It isn't true. A lender has just as much right to make an application for a variation as a debtor would. In reality this is something that is seldom used as *most* lenders are quite reasonable.

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Technically yes your right but im willing to bet my bottom dollar if the o.p walks out of court with a suspended eviction on condition they pay an agreed amount off the arrears each month,unless they default that will be the end of it.I would of course be looking at getting the order lifted once the arrears are paid,however unless the o.p has a change of circumstances,ie a massive increase in salary i couldnt see a lender going back to court in an effort to increase the arrears payments,either way they would be going back to court to try to increase the payments not apply again for eviction (as long as no payments had been missed)

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P.S Ninthelife if your eviction is suspended on condition you pay a certain amount each month and you do not default on the court order,your lender cannot,and i mean cannot evict you,period

 

Quote,"the mortrgage company could apply for another eviction in a few weeks months time" not if she does not default on the court order they can,t.This is what Ninthelife was asking.

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I would of course be looking at getting the order lifted once the arrears are paid

 

An excellent point here. The amount of cases I seen where the debtor has cleared the arrears only to have an eviction applied for years later when they fall behind again is unreal.

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My hearing is tomorrow. I think I've done all I can to stack the odds in my favour. I have a letter from where my kids work part-time confirming their weekly hours. I have my payslips. I have a bank mini-statement showing the Jan payment going out. (I requested a receipt form Mortgage Express, but I doubt it will arrive in time.)

 

I have a friend coming with me, who has studied law, so apart from moral support, they may be able to give me a nudge or a quick note to say/ask a specific thing. Coincidentally, my bosses wife is studying law too and she emailed to say I am allowed to bring a McKenzie Friend to the hearing, which I'd never heard of, but it sounds like the role my friend could fulfil.

 

I thought I had asked this question before but I must have imagined it...if the judge miraculously accepts my defence and stays the eviction warrant, I've been told the Mtg Co. could re-apply for eviction in a few months time. In my N244, I asked for the Possession Order to be suspended (because I had been paying the arrangement every month) and the Eviction Order to be stayed. Should I have asked for something different - suspension instead of staying? - to make the Stay a little more "long term", so we can try to get back to a "normal life" at home?

 

Will I have to pay the costs of the hearing even if I win? If "not necessarily", do I have to ASK not to pay them? Is their a reason I can give to support this request. I will bring a summary and copies of all the correspondence, emails, and phone callls with the Mtg Co. which I made to try to avoid this hearing. Any suggestions would be most gratefully received.

 

Mortgage Express are also charging £30.00 a month since the arrangement expired in August, even though I am paying more than the arrangement amount! Can they be asked to stop this charge - as it is completely counter-productive to reducing the arrears more quickly.

 

Of course all of these questions are academic, if I lose my appeal but I would like to be fore-warned of anything that might help stabilise our future, if my defence is accepted.

 

Thank you so much, N.L.

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Sorry, about repeating the same question about the Mtg Co obtaining another eviction hearing - as soon as I posted my latest message. all the new replies came up! I thought when you sign in, your thread refreshes automatically, but it's actually only updated after I made another post. Sorry! N.L.

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Good luck for tommorrow,yes we have done all we can and now its up to the judge,a good idea to take someone with you,to answer your questions all you will pay is the 35 quid you handed over when you handed in the n244,there may well be costs added to your account but you can deal with those after the hearing,you have given yourself as good a chance as you could get with this.Im not going to say its a done deal because it isn,t but you are in far better shape than you were at the beginning.All your bases are covered and to be honest theres nothing more you can do untill tommorrow,once again good luck.

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Hi there, as has been said in previous posts your lender can only apply for an eviction if you miss payments that the court has ordered. Please try to stay positive.

 

If you are taking a friend to the hearing with you make sure you tell the usher when you get to court that you have a MacKenzie friend with you. They cannot speak on your behalf but can accompany you into the hearing. Also, when you get to court ask if there are any free legal advisers on duty, if so approach them and they can go into the hearing and speak for you/support you.

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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