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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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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.
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      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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SPML Capstone Mortgage corp. EVICTION CANCELLED


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Hi, before anyone says anything I know we have been totally totally stupid but now I'm really scared.

Our mortgage is with SPML and we had a repossession order made against us in May. I wrote to the company in June offering to pay 200 per month off the arrears which they accepted to begin in August. We couldn't pay in August or this month due to my young daughter being in hospital and we have received a letter this morning saying they have instructed their solicitors to begin eviction proceedings unless we pay the arrears in full (which currently stand at 5,990, most of which is their charges).

I know I should ring them and try to explain but I'm scared of them refusing point blank to accept the 200 a month again. 200 a month we can afford to pay, that's a certainty but I don't know what else to do to stop them from going for this eviction.

Please please please can someone help?

 

Thanks for taking the time to read this

scared79 xxx

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Hi, before anyone says anything I know we have been totally totally stupid but now I'm really scared.

Our mortgage is with SPML and we had a repossession order made against us in May. I wrote to the company in June offering to pay 200 per month off the arrears which they accepted to begin in August. We couldn't pay in August or this month due to my young daughter being in hospital and we have received a letter this morning saying they have instructed their solicitors to begin eviction proceedings unless we pay the arrears in full (which currently stand at 5,990, most of which is their charges).

I know I should ring them and try to explain but I'm scared of them refusing point blank to accept the 200 a month again. 200 a month we can afford to pay, that's a certainty but I don't know what else to do to stop them from going for this eviction.

Please please please can someone help?

 

Thanks for taking the time to read this

scared79 xxx

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Hi there scared79. Firstly you are in no way shape or form stupid and NOBODY on this forum will call you that. Do you know why? because we have all been there.

 

You have made a very big step. That is telling strangers your struggling. From here on in we are all going to help you try and keep your house.

 

The first thing you need to do is to stop phoning them. This will be really hard as you will always want answers straight away, but you need proof of what they are saying.

 

The first thing you need to do is fill in an income and expenditure. you can find one on the National debtline website. I will try and find a link for you. Ell-enn is very good with this but i Believe she is having internet probs at home so shewill be online to help in the morning at some point. She will help you write a letter to SPML.

 

Please try not to worry. If you have a look through all my other threads (click on my name) you will see I have been in pretty much the same position with the same level of arrears and I still have my home and so have so many more of us on here.

 

Once you have filled out the I&E you will then be able to see if you can afford £200 a month. There is case law that will enable you to ask to spread the arrears over the entire length of the mortgage.

 

Please try not to panic and know it is easy for me to say but you are amongst friends now

 

olives xx

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Hi there scared79. Firstly you are in no way shape or form stupid and NOBODY on this forum will call you that. Do you know why? because we have all been there.

 

You have made a very big step. That is telling strangers your struggling. From here on in we are all going to help you try and keep your house.

 

The first thing you need to do is to stop phoning them. This will be really hard as you will always want answers straight away, but you need proof of what they are saying.

 

The first thing you need to do is fill in an income and expenditure. you can find one on the National debtline website. I will try and find a link for you. Ell-enn is very good with this but i Believe she is having internet probs at home so shewill be online to help in the morning at some point. She will help you write a letter to SPML.

 

Please try not to worry. If you have a look through all my other threads (click on my name) you will see I have been in pretty much the same position with the same level of arrears and I still have my home and so have so many more of us on here.

 

Once you have filled out the I&E you will then be able to see if you can afford £200 a month. There is case law that will enable you to ask to spread the arrears over the entire length of the mortgage.

 

Please try not to panic and know it is easy for me to say but you are amongst friends now

 

olives xx

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Thanks for replying :)

I haven't had a statement from them for about 5 months now but I know that on the last one it was 50 pounds for each month missed, plus admin charges for letters etc.

I can't pay anything on the account until the 6th of October as we only have 150 to live on until then, but as soon as I can I will be paying that plus the normal mortgage amount in cash.

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Thanks for replying :)

I haven't had a statement from them for about 5 months now but I know that on the last one it was 50 pounds for each month missed, plus admin charges for letters etc.

I can't pay anything on the account until the 6th of October as we only have 150 to live on until then, but as soon as I can I will be paying that plus the normal mortgage amount in cash.

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Thanks OLIVE.FAMILY, we have already gone through our income and expenditure on our own but I think a proper budget sheet would help lots! The thing that's scared me most is the letter they and their solicitors have sent saying they want the full amount of arrears which there is now way we could pay!

scared79 xxx

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Thanks OLIVE.FAMILY, we have already gone through our income and expenditure on our own but I think a proper budget sheet would help lots! The thing that's scared me most is the letter they and their solicitors have sent saying they want the full amount of arrears which there is now way we could pay!

scared79 xxx

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Thanks OLIVE.FAMILY, we have already gone through our income and expenditure on our own but I think a proper budget sheet would help lots! The thing that's scared me most is the letter they and their solicitors have sent saying they want the full amount of arrears which there is now way we could pay!

scared79 xxx

 

 

Dont panic. There is not many people who can. This is just scare tactics. They are trying to scare you into paying. Look at this way. They need you to pay at the mo because they are struggling as well because alot of people are finding it hard to pay at the mo. So if they can scare you into begging borrowing or doing anything you can to pay them then that is what they will do.

 

olives xx

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Thanks OLIVE.FAMILY, we have already gone through our income and expenditure on our own but I think a proper budget sheet would help lots! The thing that's scared me most is the letter they and their solicitors have sent saying they want the full amount of arrears which there is now way we could pay!

scared79 xxx

 

 

Dont panic. There is not many people who can. This is just scare tactics. They are trying to scare you into paying. Look at this way. They need you to pay at the mo because they are struggling as well because alot of people are finding it hard to pay at the mo. So if they can scare you into begging borrowing or doing anything you can to pay them then that is what they will do.

 

olives xx

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Ok ask them to send you a mortgage staement from inception untill end of month and pay as soon as you can on the 6th October in the meantime do an income and expenditure sheet.

All amnin charges are NOT arreas they have to be piut on the end of the term find out just how much you owe then you can pay that over the term of the mortgage

Please dont worry Im sure we can work things out for you

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Ok ask them to send you a mortgage staement from inception untill end of month and pay as soon as you can on the 6th October in the meantime do an income and expenditure sheet.

All amnin charges are NOT arreas they have to be piut on the end of the term find out just how much you owe then you can pay that over the term of the mortgage

Please dont worry Im sure we can work things out for you

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Thanks Olives, I'll do that, I just don't know how to word it to make them take me seriously :confused:

 

They dont want to take you seriously so now change tactics and work towards a court heaaring if there is one put everything in write in do a budget sheet and see what yopu can offer also get that statement

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Thanks Olives, I'll do that, I just don't know how to word it to make them take me seriously :confused:

 

They dont want to take you seriously so now change tactics and work towards a court heaaring if there is one put everything in write in do a budget sheet and see what yopu can offer also get that statement

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