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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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    • 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
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any advice please


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it gets worse water company arrived cant gethe water on tonight needs a gang to dig up the road can you believe so now 2 days without water or toilet facilities should we g to an hotel and send the bill to the bailiffs??? any sugestions

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You should write down everything that happened in the order the events took place. Start with the hearing and the order the judge gave, then carry on with what happened when you got home, detail everything!

 

i.e.

 

Date: ..........Time: .................................... Event

 

17th March...... ? ....................... Hearing to oppose eviction. Judge XXX gave

.................................................order to suspend for 28 days.

 

18th March...... ?........................ Came home to find .................

 

etc

 

etc

 

Once you have all this you can start to make your complaint to the court.

 

Have you received the order from the court detailing the 28 day suspension?

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Did you speak to the court today to tell them what had happened?

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hi can anyone tell me what actually happens when you submit a n244 to court is it the courts whose job is it to notify the lenders the lenders solicitors are saying they didnt get notification thats why they didnt send anybody to court and thats why the eviction took place not sure as to believe them because last time they didnt turn up to court either there is now an investigation as to who is responsible for the blunder and who is going to pay for the distress we have encountered along with the damage when we got back to court they will im sure be somebody there from the lenders. as the judge has requested a breakdown of the arrears 1156.66 plus fees balance 4719.79 can they mount there defence on that day because they missed the original hearing i want to be prepared for what happens any help please

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The court should send a copy of your N244 application to the lender so they can prepare for the hearing. Either the court has failed to act properly or the lender has not acted on the notification from the court. Either way, it's not your fault - you have done nothing wrong and you should be compensated for your distress.

 

Make sure you get that list of events up to date with all the costs you have incurred against each one.

 

It might be a good idea to contact your local MP and ask for his assistance.

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just a quick update i havent received notification from court as to when the new court hearing is should i ring the court seems odd i spoke to the mortgage solicitors they saying they never received notification of last weeks hearing surly the court cant make so many errors on 1 case

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court date received today 21st april 30 min hearing says the defendant pays the current monthly instalments together with an additional rpayment of £80 towards the arrears the correct figure for which remains to be established the claimant shall at least 7 days prior to the adjourned hearing file and serve full details of the mortgage account including payments made and charges applied since the suspended order was made june 08 I also received 2 letters from the lender 1st letter saying if want a list of charges and arrears i have to pay then £25 as i had received my yearly statement which was 30 th june 09 2nd letter read today we have debited the sum of £213.47 to your mortgage account in respect of building insurance contingency. unbelievable i have building insurance dont need there contingency thank you very much still looking for more ways to fleece me i checked back on my yearly bank statement i only missed 1 payment in dec so the arrears figure isnt right either will the court let me see there figures prior to the hearing???

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received letter today from lender says they will send me uptodate statement if i pay £25 not giving then another penny more then i have 2 as the judge as ordered then to serve the papers 7 days prior do you think i will get a chance to see these ell enn if your around whats my next step please

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We can do a statement for you to take to court on 21 April detailing everything that's happened, plus the fact that they want you to pay £25 to find out what the true arrears are!

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ty ellen a letter would be good just shows how we are getting ripped off by these people i am going to challenge the £300 they charged me for the eviction fee they want me to pay what a joke

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OK, we've got plenty of time to put together a case for your court hearing. I will be away from next week until Friday, but will check with you when I get back. Don't worry - we'll have a good statement for cout:)

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  • 2 weeks later...

thanks ell-ann i have spoken to a solicitor at the law centre who says i should get the breakdown of arrears and charges 7 days prior to the hearing as that is what the judge has ordered so waiting for the post they got till wed this week to send it to me would be grateful if you could help with a lletter to the court for me

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OK, let's wait till wednesday to see if the info comes in the post, then we'll get to work on the statement for court.

 

Did you do the list of everything that went wrong when the eviction happened?

 

Also have you got a copy of the letter you sent to the lender asking for the statement of account and their reply asking for £25 for the statement? We will need all those to go with the letter you take to court.

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hi ell ann if your about about today i have received the staement hat the mortgage company have been asked to send to court hey are quoting court cases eg bristol and west building societyv ellis & anor 1996 and ar asking for immediate possesssion see royal canada trust co of canada v markman also i dont understand the following statement quote

Where discharge of all arrears by periodic payments is proposed whether term or repayment is the starting point in derermining he reasonableness of the period for payment of sums due under the mortgage see chelt n glouc v norgen im confused please help

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Looks like they're willing to accept monthly payments towards the arrears (Cheltenham & Gloucester v Norgan is the case law to support this, and we will quote that in our statement also).

 

I will work on the statement for court in the morning and post on here.

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thanks ellann but i dont think they are willing just read another page they say in light of the fact the defendants are unable to demonstate that they can maintain payments to clear the arrears the claimant seeks that the defendants application be dismissed

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Hmm, well that's for the judge to decide, not them!

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well lets hope the judge is in a good mood at least they are now saying mortgage arrears as at 6th april 2010 1077.15 shows i paid march installments but they very clever i had an arrangemrnt in place to pay the mortgage on the 28th of the month but still put due 1st of the month to make it look like missed and late payments i will draw this to the judges attention

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Did you have an agreement in writing from them to pay on 28th of the month ?

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Also, have they sent a statement showing payments and their charges as the judge ordered?

 

As your arrears are only just over £1,000 and you are offering £80 per month to clear them, there is no way the judge will evict you !

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hi ell- ann i have now read through the list of charges and payments i was 400 in arrears and they charged me 288.63 and 88.63 on the same day for asset management fees as well as the normal £75 .00 they charged me every month for management fees what is asset management fees??? also they say i have had 4 eviction dates 30 july08 31 july 08 that was when i paid them the full contractual arrears i have a lot of challenging to do they have added all sorts of fees and when i added them up the figure they quoted doesnt add up i received a letter saying they will change the due date and also about the arrears being paid back but still adding management fees of £75.00 which they dropped to £50 last month also a further charge of £213.00 for building insurance which my insurer faxed them a copy of in jan.i am going to fight the fees balance after wed but need to get this eviction suspended or even thrown out as the judge thought they cant use the possession order from july 08 as i paid the arrears in full your help with a letter would be much appreciated thanx xx

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