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    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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    • If you are buying a used car – you need to read this survival guide.
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • 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
        • Like

Urgent Help Required - Repossesion of House EVICTION CANCELLED


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Look forward to hearing your good news :)

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Yes good luck from me as well. It sounds like you will be fine. Good to have the arrangement confirmed before you go into court.

 

Dont forget to let everyone how it goes as it is udeful for others to know what actually happens at the hearings

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi,

 

I got to the court today in good time for the hearing and was introduced to the mortgage companies solicitor by the clerk to the court. He was very nice and just talked over what was agreed on the phone yesterday and he wanted to clarify the figures outstanding on the mortgage with me, prior to going in. He said the judge would ask for these figures and he wanted to make sure that we were in agreement. The figures were fine and he knew exactly what was agreed yesterday on the phone with the mortgage company.

 

I went to wait in the waiting room, but we were asked if we would like to go in first as the next cases solicitor hadn't shown up. In we went.

 

It was all very straight forward and the judge confirmed the figures outstanding with their solicitor and asked if I agreed. He asked about my personal circumstances and whether I thought that I could keep to the agreement, to which I replied yes. The judge said it was obvious that I had received legal advice and quoted the Norgan law quote on the N244 and that he had taken that in to consideration. He said that it was a very difficult time for all homeowners at the moment and unless it was painfully clear that the mortgage couldn't be met, it is best to try and work through all other scenarios first.

 

He then cancelled the eviction and agreed the terms starting on the 1st February.

 

I could of kissed him!!

 

I really would like to thank Ell-enn for all of her help and advice, as well as the support of the other members, such as Repoman. I couldn't have got through this and Christmas / New Year without your support. xx

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That's wonderful news!! I'm so pleased for you - well done for being brave :)

 

I hope you can now relax and feel safe in your home.

 

Ellx

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Well done and thanks for the report.

 

Hope you can move forward now and relax a little.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I read this thread and thought.... I hope it has a happy ending :-)

 

Its just a shame that their actions put you in a position where spending an enjoyable / stressfree christmas with your family was not possible.

 

Well done to all that offered their advice and I have to 2nd that this forum is GREAT!

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  • 5 months later...

Hi Ell-enn,

 

I'm afraid I need your help again, I have another eviction notice put through my door yesterday.

 

As you may gather from reading the previous threads that you so kindly helped my with, the new arrangement was set up to start from 1st February.

 

They didn't take the payment on the 1st Feb, as agreed, as they told me (in March) they they would have to set up a new direct debit agreement. I did this and paid for what I thought was February & March on my debit card. Every month since has been paid on the last day of the month by direct debit and has never been refused / failed. I was then told that the payment I made in March was for only the March payment, even though this was twice the actual months mortgage payment (or so I thought), because the Libor rate hadn't been reduced until March. So the savings on the Bank of England base rate didn't affect me until March's payment.

 

So basically they are chasing February's payment. I have offered to pay this and increase the arrears payment to £150, in light of the reduced mortgage payment, but they are saying that it won't change a thing!

 

I also recieved my quarterly mortgage account statement today and it shows all the payments I made, but they are also taking £115 per month as a Lit.Man. Fee, which they are adding to the arrears total. It makes a mockery of the fact that I'm paying £100 per month off the arrears (which was agreed with them) when they are adding £115 per month on. I didn't know this until I recieved my quarterly statement this morning.

 

I fought hard to keep my job and my house and now it looks like they are going to get it again, due to a stupid mix-up!

 

Please can you help, I don't know if I've got the fight in me anymore.

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Hi there - firstly - there's no way you're going to lose your home over this!!! so rustle up some fight and we'll get this sorted:)

 

What date is the eviction for?

 

Incidentally, if they have added the arrears management fee to the arrears figure then they are in the wrong and they will have to produce a true arrears figure in court.

 

Gather together proof of all the payments you have made since the order in January - bank statements? - copy them and highlight all payments to mortgage company, then blank out all other payee details on the statements.

 

You'll also need a copy of the mortgage statement showing that the fees have been added to the arears total.

 

Don't worry this can be sorted and we'll see if we can get them a kick in the ass from the judge!!

 

Ellx

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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HI again,

 

Thanks for the speedy reply, it's difficult to keep fighting sometimes, but I have to.

 

The eviction date is set for 8th July, which is only 2 weeks away.

 

I really don't know what to do know, do I have to do the N244 form and statement again?

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Hi there, yes you will have to enter an N244 again to get a hearing to stop eviction. However - the sooner you do that the better as the court will send a copy to the lender. When they see your statement I bet they come to an "arrangement" with you to stop the eviction!!

 

I've affixed an N244 to this post for you to complete and also instructions for completing qeustions 1 - 9. I will draft a statement for Q.10 this afternoon, then you should take it to the court tomorrow.

 

1. Your name

2. Tick Defendant

3. Suspension of eviction order payment proposal offered.

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 Applicants

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

 

Let me know when you have the proof of payments etc ready and I will complete the statment.

 

Ell

n244_e.pdf

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Surely something can be done to stop them taking the mickey like this - you need to have a clear statement from your bank showing the payments made, and the fact that they are not honouring the agreement themselves.

 

List every payment you have made and the date

List every fee payment they have added and ask to have these removed from the arrears total... the Judge may go ballistic when he hears they are making a mockery of the arrangement and the court processes.

 

Also ask that under no circumstances should they be allowed to return to the court in under 1 year as they will try to go every 3 months (they did this to me and it is very tiring, as well as expensive.

 

If they have also charged a 'arrangement fee' this is also questionable.

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OK, I'll work on the statement and post on here later :)

 

Can you list the dates you made payments please (you don't need to put the amounts on the thread you can put them in yourself before printing off).

 

How much do you think the arrears are without the arrears charges, just missed payments?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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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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I mad a card payment on 13th March (when they told me that the DD hadn't been set up), i also made payments on 31st March, 30th April & 30th May. The next payment isn't due until 30th June.

 

They have charged me £115 on 1st April,1st May & 1st June. They are just adding the figures together, off-set by the payments recieved. It is now showing an 'Arrears Balance' of £4991.54

 

Since 13th March I have made the 4 payments of £100 off the arrears, as agreed at court.

 

The balance of the 'Arrears' was £4946.54 on 13th March, as of 1st June the balance is £4991.54, despite me 'paying' £400 off???

 

I tried everything I could to stick to the agreement, with a view to clearing the arrears, but it's going the opposite direction.

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Sorry Ell-enn, I got a bit irate and forgot the other question. I don't have a breakdown of what the arrears are made up of. I was in such a panic at Christmas, with the eviction notice, that I didn't ask how they came to the figure.

 

Obviously, looking at this statement, I should have asked earlier!

 

Should I ask them for one now?

 

I can't thank you enough for your help Ell-enn, I don't know what I'd have done at Christmas and I knew to come here first this time. Thanks :D

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OK, got all that - we'll let the court know that the arrears figure is disputed - be back shortly (although it may be this evening as I have quite a few meetings this afternoon).

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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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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