Jump to content


  • Tweets

  • Posts

  • 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 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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

eviction order


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5069 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

Unfortunately, I find my self desperate for help yet again.......

 

I have mortgage arrears to the tune of £17k, having made my last payment of £1000 in July 2009. I've pretty much lost everything as a victim of recession. I've made 3 offers to Salt Mortgages of my monthly payment + extra over towards the arrears, with a view to reviewing in 6 months (they mentioned the possibility of capitalising the arrears). They have declined each offer and request payment of the arrears in full. I start a new full time job in approx 2 weeks time. There is an eviction warrant pending for 11am next Wednesday the 12th of May. There's no way I can pay the full arrears. I've spoken to citizens advice and various other debt counselling services and they suggest asking for time to sell the property at a quick sale value which would clear the mortgage (85%). What should I do? I'm trying to fight for my property here but keep feeling that its gone too far and am rapidly running out of time. Please advise. Many thanks, paul.

Link to post
Share on other sites

Hi there, you need to enter an N244 at court to get a hearing to suspend eviction based on your starting a new job and offering to pay extra each month towards the arrears.

 

I can help you with this, but we need to move fast as the application will need to be into court tomorrow to get a hearing before wednesday.

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

hey ell enn, thanks for your reply. im remote at the moment but can get to the pc first thing tomorrow. Whats your availability ? getting to court tomorrow isnt a problem. I look forward to hearing back from you. Many thanks, Paul.

Link to post
Share on other sites

I can get onto the site from about 8.30am tomorrow when I get to work and should be able to help you with the N244 form during the morning. Will you have access to a printer and photocopier? You will also need a copy of the letter from your new employers offering the job to start in 2 weeks.

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

Morning ELL-enn, i'm now at my pc with access to a printer/copier.

 

A bit more info for you. I do not have a written letter confirming employment. I'll actually be doing 2 jobs. Firstly, I'll be working for my mother and sister's business (childminders). This will be 4 days a week from mid-day till 6pm. Secondly, I will be working as a pco licenced private hire driver. This is in fact a self employed position but I will be tied to an operator. My Father is already in this business and so we already have an excellent high net worth client base. This is not a mini-cab driver position its an executive car driver position and the rewards can be substantial. I intend to do 6 10 hour shifts weekly. With my other earnings I will be able to afford my monthly payment plus a "reasonable amount" towards the arrears. I also intend to take advantage of the government rent a room scheme but would need to run this past my lender first I guess. Just let me know what I should do next. Many thanks.

Link to post
Share on other sites

Hi there, sorry for delay - a meeting at work took longer than expected!

 

Firstly, I have affixed a budget sheet which you will need to send in with the N244 - when filling it in, make sure that the amount you are offering to pay towards the arrears is the amont left over after everything else has been accounted for.

 

Also affixed is the N244 form - I will give you instructions for completing that soon. Can you please answer the following:

 

1. Is the mortgage in joint names?

2. Are there any children living in the property?

3. Do you have a recent statement from the lender showing arrears charges that have been applied to the account.

 

I'll stay on line for the next hour so we can get this done.

 

Ell

Budget Sheet.xls

n244_e.pdf

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, on the mortgage statement - circle in pen the charges applied to your account and then write Total Charges = £xxx at the bottom of the statement - take a photocopy.

 

When you dedict the total charges from the amount of arrears they say you owe, what is the true arrrears amount?

 

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

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,

 

Including solicitors fees, court fees, and arrears charges the total charges amount to £2521 deducted from the total arrears figure of £18,941.09 would leave a balance of £16,420.09.

 

The monthly payment at present is £1035, and I reckon I could pay £1450 per month, £1500 at a push.

Link to post
Share on other sites

OK, I have to go to another meeting in 10 minutes but will be back at around 1.30 pm. We need to get all this to court before 4pm.

 

In the meantime these are the instructions for completing the N244. (I will write the statment for Q.10 of the form).

 

1. Your name

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 I Believe

Sign and cross out all options except Applicant

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

Back shortly.

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

I've spoken to the court, being that time is running short. If I submit an application tomorrow at 10am, the hearing would be most likely on Wednesday (the day of eviction) but the eviction action will be postponed pending the outcome of the said hearing. Do you agree that this is correct?

Link to post
Share on other sites

I've spoken to the court, being that time is running short. If I submit an application tomorrow at 10am, the hearing would be most likely on Wednesday (the day of eviction) but the eviction action will be postponed pending the outcome of the said hearing. Do you agree that this is correct?

 

 

Yes, that is correct. The bailiff's office will wait to hear the outcome of the hearing.

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 have affixed the statement for Q.10 of the form. You will need to enter the information where there are XXX's at the top (remove the xxx's). When printing out the statement make sure your printer is set for A4 paper (not Letter size).

 

On the budget sheet - write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the statement showing the charges, except it will be Appendix 2.

 

Assemble as follows:

 

N244 form - completed and signed.

Statement for Q.10 - signed

Budget sheet - Appendix 1

Mortgage statement - Appendix 2.

 

This forms your pack for court. Take a photocopy of it all before you take it to court so you have a set to refer to during the hearing. Make sure the set you take to court is securely stapled. You will need to pay a fee of £35.00 and take the eviction order with you when you hand in the form.

 

If you can get it to court this afternoon you may get a hearing tomorrow which would ease the pressure a bit.

 

Any questions, just shout.

 

Ell

Paulsl 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, this is fantastic, at the very worst I'll be outside waiting for the doors to open first thing tomorrow. Do you feel that my offer is reasonable? I'm not asking you to predict an outcome obviously !!! I'll keep you updated with the progress, and thank you so much again for your assistance.

Best regards

Paul

Link to post
Share on other sites

If you are really able to sustain £400 per month on top of the normal monthly then it will take just under 4 years to clear the arrears, which is very reasonable given the size of the arrears. The Norgan case law we have quoted in your N244 statement allows the judge to consider the arrears being paid over the remaining life of the mortgage (but it's unusual for a judge to grant payment over a really long period of time).

 

However, I would warn that if you are in any doubt that you might not be able to keep up such large payments you should reduce your offer - you never know what might crop up. Dropping the amount to £300 extra per month would take just under 5 years to repay - which again is reasonable. Take time to think about your offer.

 

Let us know when your hearing is so we can go through the process.

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, great. I considered £400 on the basis that my offers of £300 and £350 had already been refused by Salt. I may take your advice and offer slightly less and see what happens. I don't want to take up any more of your time for the moment so I'll post here when I get details of the hearing. thanks

Link to post
Share on other sites

OK, but remember it's not up to Salt now to accept your proposal, it's the judges decision which will be final and they are usually very reasonable. Lenders always ask for more than is reasonable :(

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

That all looks fine :) I've removed your statement as it had your name and case number on it - you could be identified by that info. Lenders visit this site regularly !!!

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

hey Ell,

 

The hearing went well and the judge went in favour of my proposal. I don't think I'd have got through it without your assistance, so thank you so so much.

 

Take care

Paul :-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...