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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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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
        • Like

Repo court date 15th Jan - SUSPENDED


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Hi all,

 

I am new to this site and have found some really useful information on here already.

 

My partner was dealing with this (with some help from here I think) although his admin is terrible and we need to get this right so I am going to take over.

 

Situation is that we owe £4k in mortgage arrears to Abbey who are taking us to court for repossession. Partner left work in May after a dispute then our little one came early in August and one thing led to another and we are now behind payments in a lot of areas.

 

He has recently started his new job and we will be in a position to offer Abbey a lump sum then additional money each month till the arrears are cleared.

 

The questions from the court seem clear as I am not disputing the arrears and have a settlement to offer.

 

In your experiences is there anything I should be especially aware of when we go to court and should I make the payment now or wait to see the judge ??

 

Hopefully once we get there and come to an arrangement we can move our lives forward.

 

Any help is appreciated.

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Do you have a date for the court hearing?

 

Have you told Abbey that you are now in a position to pay your MP plus an additional amount to clear the arrears?

 

 

Please ensure you only offer what you can afford as it would look worse if you made an arrangement and the do not keep to it.

 

You may be able to write and make the offer and ask if they will avoid the court hearing ( will save you costs)

 

Try and keep everything in writing and by recorded mail - or email if you have a contact.

 

there is at the top of the possessions forum a "sticky" thread which explains the new protocol the lender must adhere to.

 

If Abbey insist on going ahead with the case please make sure you attend and ask for any help with forms etc at that stage .And it may be a good idea to start making payments now to show the court you mean business.

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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Thanks Jansus,

 

Date is the 15th and have held off trying to speak with Abbey as do not want to do/say the wrong thing on the phone.

 

I am happy to call them and make a payment, although in the back of my mind wanted to hold the money as if the judge ruled repo to Abbey at least would have some money for rental deposit (real worst case scenario)

 

If we feel it would look better and repo unlikely will pay today.

 

On the form I was going to do it electronically today as the court wants it as early as possible and I think I have all of the information they require.

 

Would be grateful for any further advice..

 

Thanks again...

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You need one of Ell-ens letters with the offer of payment I suspect she will be along to help

 

Abbey has to follow guidelines know to help so you will need to do a budget sheet and a letter you have alittle time

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Thanks Bona, will have a look through a few other threads and see if I can locate a letter offering payment, presumably trying to offer a lump sum and agree a repayment schedule.

 

Thanks for your time.

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Hi there, firstly - don't sent the defence form electronically. You need to either take it by hand or send it by special delivery post. It has been known for the online forms to go missing and never arrive at court which would put you in an awkward position.

 

The most important part of the form is Q.27 the statement and I can help you with the text for that.

 

As you have an income and can make payments towards the arrears each month you will have no problem getting a suspended possession. There is case law we can use in your statement to support this.

 

Make any payment you can in the meantime as this will show the judge you are committed to reducing the arrears.

 

I will need some info for your statement:

 

Is the mortgage in joint names?

How much can you offer each month towards the arrears in addition to your normal monthly payment?

How many children do you have & how old are they?

 

Kind Regards

 

Ell-enn

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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Firstly thanks for your concern and Ell-enn for your support.

 

The mortgage is just in my partners name since he bought the house in 2001 and I moved in, in approx 2003.

 

We only have 1 little one who is just approaching 5 months old.

 

Thanks to Gordon Brown and his boys our mortgage payment has dropped to £420 and in addition to this we would now be able to afford to pay an additional £180 a month comfortably and upto £300 at a real stretch.

 

I am grateful for your advice and have completed a budget sheet which I got from another thread you posted and this backs up my offer.

 

Thanks again

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Hi there, you will be OK with your offer of payment towards the arrears:)

 

Do you want me to write a statement for Q.27 of the defence form? there is some case law we can use to support your offer of payment towards the arrears.

 

Ell

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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Q27 help would be greatly appreciated thanks Ell-enn.

 

I do not also know whether to give detail on the following and would welcome your advice.

 

Presently on the budget sheet my income is showing as £400 stat maternity, although I am due to go back in August 09.

 

I am currently going through a period of potential redundancy (forget the exact title) consideration I think ! and I would be paid in Feb 3 months notice, redundancy and outstanding maternity pay which should amount to nearly £12k and I would clear arrears

 

If I am not made redundant I would be back taking home £1500 per month (subject to some childcare deductions) and this would also dramatically improve our family income position.

 

Would welcome your guidance and help wit the statement.

 

Thanks so much again

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Hi Ell-enn

 

Have got our little "monster" with her grandparents tomorrow so I can really attacj this with vigour.

 

I would really be grateful if you could give your opinion on my questions in last post and any advice for the Question 27 would also be great.

 

I was hoping to complete tomorrow and then take to courts so they have time.

 

Thanks so much !

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Hi there, I will make a start this evening. I need to know:

 

When did you last make a payment and how much?

How much are you offering to pay each month towards the arrears in addition to the normal monthly payment?

 

Regarding the possibility of your redundancy, I would definitely not mention this - it could make your lender very "twitchy" and they may think you will encounter problems again in the future. Anyway, you have no way of knowing if it will happen or no. If you are made redundant then, as you say, you can pay the arrears off and look for another job. If you are not, then your income will sustain the monthly payments going forward.

 

Ell-enn

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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Thanks Ell-enn

 

In answer to your questions :

 

We paid £900 in June (will check on mortgage statement the exact date) and paid another £1000 on Monday gone (as per previous post advice)

 

Our MP is now £440 and arrears of £3700 (-£1000 paid and not including Jan amount)

 

Our budget planner has the flexibility of affording £600 (additional £160) or can reduce some of the variable costs (housekeeping etc.) and potentially stretch ourselves to £700 if deemed necessary

 

Should I also mention that my maternity runs out in August and I will be returning to work as this will improve our position by £1000 per month net, subject to some childcare deductions although family will help...

 

Thanks

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Hi there, just finishing off your statement, will post here in a mo.....

 

Ell

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

 

 

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OK, I've affixed the statement for Q.27. You need to write in the box "please see affixed statement". You will also need to fill in the claim number and your partner's name at the top of the statement sheet. Then print out and affix to the defence form.

 

No need to mention about your returning to work in August, as the mortgage is only in your partner's name the statement has to be written concerning him only. Your income is a contribution to the household budget and it's best if you leave it as it is, that will give you some flexibility with your income when you do go back and it increases. It will be up to you then whether you make higher payments towards the arrears or not. If you inform the court that the income should increase in August you might find they will ask for an updated hearing in September to redetermine the payments.

 

If you need help with completing the rest of the form, just shout.

 

Kind Regards

 

Ell-enn

SK1979 Q.27.doc

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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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Ell-en you are a life saver thanks..

 

All absolutely straightforward and completed and delivered today.

 

Will maybe check a couple of bits before hearing and keep you all updated..

 

Truly grateful Ell-enn thanks so much !!

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OK, assume you have taken a copy of everything for yourself to take to court with you on the day?

 

We can go through the hearing process nearer the time.

 

Kind Regards

 

Ell-enn

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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Hi,

 

Yeah got copies for the day thanks..

 

Will post nearer the time with any questions..

 

Will sleep easier tonight thanks (aside from our angel wanting feeding that is !!)

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Hi all,

 

Got the date in my heading incorrect and court date is actually set for tomorrow at 3.00 - will update on outcome.

 

Update so far is that my partner spoke with Abbey again this week and the person he spoke to was unbelievably helpful. He was treated with respect and offered to pay £180 a month in addition to the monthly payment and the £900 we paid late last week.

 

She stated that they want to be fair and reasonable and would be happy with £100 per month and would tell the agent at the court this.

 

My partner is now going to court and I am full of optimism that we can stave off the repo and that Abbey being so reasonable and understanding giving us time to do the right thing.

 

Is there any last pieces of advice he may have to be aware of in court ??

 

Big thanks to Ell-enn for all your help too !!!

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Hi there, if Abbey have agreed the proposal for payment of the arrears then the hearing should be a piece of cake.

 

Make sure he arrives at court in plenty of time - if Abbey's agent at court asks to speak to him before the hearing there is no harm in it - as long as he makes sure that the agent is aware of what was arranged on the phone.

 

The hearing will be held in a private room with just your partner, the judge and the Abbey agent- they will be sat around a table or opposite each other (a bit like a meeting). When addressing the judge (probably wnon't need to) it should be Sir (or Madam).

 

He should be in and out of the hearing in 5 minutes:)

 

Looking forward to hearing your good news.

 

Ell

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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Other half just got back from court and the news is all good.

 

Ell-enn you are a genius and we are eternally grateful. When we get back near straight will donate what we can afford to ensure this great database of knowledge continues as a site.

 

Basically they suspended possession on assurance that we pay our MP and an additional £100 (we offered £170) from the 25th of Feb.

 

The process was not embarrassing by all accounts and he was treated with respect and humility. Although we will not be rushing to go through it again.

 

Thanks to Ell-enn once again and thanks to Abbey for doing the right thing..

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Brilliant News!

 

Tell your other half well done for being so brave and well done to you too for supporting him.

 

Hope you can relax now and enjoy your home now you know it is safe :)

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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Well done! More good news.

 

Hope this signals a fresh start for you and good that the court agreed to a lower figure than you offered.

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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WELL DONE FANTASTIC NEWS I do like a happy ending

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thanks for your kind words.. Had at least 1/2 a glass of wine to celebrate.

 

Just for clarity to be fair it was Abbey who said lower the payment to £100 per month so take nothing away from them. Albeit apparently the judge was very pleasant and "realistic"

 

Thanks again..

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