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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant as an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
    • I am heading over to hers tomorrow so I will find out.  Will there be something written in the agreement or does it depend on the agreement its self ? Just so I know what to look for, so I can provide as much information as possible on here. 
    • The answer to this is going to depend on what the agreement your friend signed says. Or contact the housing provider and ask them.  
    • Thank you all for the responses, to answers a few questions  - she has had the car since Jan 23 on a 5 year term.  - She is unsure what the agreement is called, but at the end she has the option to make a payment to "buy" the car - she recieves benefits for her young children alongside the ssp (normally she would be on NLW for a 16 hr a week job)  - Yes she would like to keep the car  She has not responded to the last email from them asking her to call and it'll be followed up in an email. I told her to hold off until atleast Wednesday so I can read a few posts on here and get some more information.  I will ensure she follows up with a letter, that has not been signed but instead her name written.   Thank you  
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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

JP Morgan Eviction Warrant **CANCELLED**


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You're welcome :) glad you got a good result.

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You're welcome :) glad you got a good result.

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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  • 2 years later...

HI everybody

just an update on this post

i have fallen into arrears with the mortgage this month and received a call from the mortgage company saying that the possesion order that thay got in 2009 dispite being paid is still enforceable and that they are going to seek the house

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Hi, have you been making payments on time since 2009? is it only recently you have missed a payment ?

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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  • 4 weeks later...

Hi ell-enn

sorry for not replying i have been very busy with family issuse

my younger sister had a storke in november and we are still sorting out the issues with her as she has also been diagnosed with cancer,

 

yes i have been paying on time since 2009,

the mortgage company are saying that they can hold the suspended possession order over me for twelve years and that any time i am late they will use the order.

 

i also asked for all the late payment fees they have charged since the mortgage began and i received a letter stating that under the terms and conditions they can charge these charges and there is nothing i can do about it so they will not pay anything back and if i dont like it tough.

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Have you received an eviction notice yet? Also, do you have a mortgage statement showing all the payments you have made since the hearing in 2009?

 

 

Just because the fees are in their terms and conditions it doesn't make them fair. You need to raise a complaint with the FOS. If you are in a payment arrangement to clear the arrears then they should not be charging you arrears fees.

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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  • 1 year later...

Hi just a quick note

 

due to family problem i am in arress with the mortgage again and spoke to the mortgage asked them to put all charges including court cost back on to my account

 

they said they have a right to put these on and all charges are fair and if i want to contest this i need to file at court as they still say that a repossession notice granted to the previous owner of the mortgage that they took over when they bought the mortgage company is valid and runs for 12 years from the date of the last time the tried to posses the house

 

i have also told them to put back all the insurance polices they took out on my behalf because i did not prove that i had insurance on the house on the grounds of mis selling as they were for aroung £400 a time and only cvovered the cost of moragage

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