Jump to content


  • Tweets

  • Posts

    • I bought my house 2 years ago. The previous owner had died. I continue to recieve parking fines and communication from DVLA in the name of the dead person, despite contacting DVLA via post to inform them I am the new owner of the property. I have sent them proof of purchase and ownership but the communications continue to arrive. Aside from using "return to sender", does anyone have any idea how to stop this and get DVLA to update their records? Not sure if relevant but the Tax class on the vehicle is disabled meaning that the price of vehicle tax is £0 per year. I assume someone is using this to get free vehicle tax which is up to them, but I'm bored of fighting with parking charge companies and getting threatening letters, as whoever is doing this is also not very good at paying for parking.
    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  I refuse to be held accountable in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
  • Our picks

    • 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 
        • 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
        • Like

Agreeing a Suspended Possession Order before the Hearing


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5630 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have a Possession hearing for next wednesday. I think the solicitors will accept a suspended possession order before this time.

 

I'm pretty sure that i could manage a reasonable repayment scenario.

 

Before i do this this, i wanted to hear from anyone who has been in a similar situation.

 

Does the order stop as soon as the arrears are cleared?

What are the potential "tricks" played by solicitors? (the lender is Abbey)

 

The arreas are not a fortune (about £2k) but i dont think i can repay to stop before the hearing date, so, i assume a suspended order is what i would hope for at the hearing anyway.

 

Any feedback very gratefully received

Link to post
Share on other sites

Hi there, did you return the defence forms to the court? if so, what did you put in Q27 as your statement/defence?

 

If you are able to make a payment proposal to clear the arrears in a reasonable time then you will most certainly get a suspended possession order - but you MUST attend the court, otherwise the solicitor for the other side may ask for terms on the order that you know nothing about.

 

Who is your lender?

 

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.

Link to post
Share on other sites

i didnt complete the form as I was of the belief (wrongly) i could clear arrears in time.

 

So, in your opinion, speak to the solicitors acting for the lender who is Abbey.

They have indicated to me in a telephone conversation that if we could agree a repayment plan then the hearing would be stopped.

 

Anyway, if it is not then i should attend.

 

That would be the best option for me you think?

Link to post
Share on other sites

Hmmmm, wouldn't be the first time a firm of solicitors have told someone they would cancel the hearing and then they don't, their legals turn up and get a suspended possession order in your absence. (I don't trust any of them any more!).

 

First thing to do is to write a letter to them, enclosing a budget sheet showing how you arrive at what you are offering to pay each month towards the arrears in addition to the normal monthly payment. It needs to be sent today really by guaranteed next day delivery. Don't make any arrangements with them over the telephone as you have no proof of what is said. If you write, they have to reply in writing.

 

I have affixed a budget sheet for you - you should ensure that the amount you offer towards the arrears each month is the amount left over after everything else has been paid (including the normal monthly payment).

 

If you need me to draft a letter for you, just shout.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

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.

Link to post
Share on other sites

Are you my missing Guardian Angel? Where the hell have you been the last 20 years then??

 

I have filled out the form and been as honest as i can be. I am left after offering to pay them a monthly payment of £95 on top of normal repayment, with £95 (co-incidently) Does that sound about right?

 

A cover letter would seem to be asking too much, but since you asked....

Link to post
Share on other sites

OK, no problem - will let you have a letter on on here in the next half hour or so.

 

When you attend the hearing (and you must, so you know what is going on) we can do a statement for you to take with you to the court to hand to the judge, as you haven't returned the defence form.

 

If, however, Abbey & their solicitors might play nicely when they receive your letter and tell you they have cancelled the hearing (you would need to ring up the court and check that though!!). We've got a week or so, so lets just see what they do......

 

back in a mo...

 

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.

Link to post
Share on other sites

Just one more thing..... is the mortgage in joint names?

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.

Link to post
Share on other sites

OK, here you go........... affix the budget sheet and send special (next day) delivery. Make sure you keep a copy of the letter and budget sheet and check on Royalmail website in a couple of days to print off the signature receipt. Keep them all together safe, as you may need to prove they got it!!

 

Any questions, just shout.

 

Ell

Trying 6th Jan 09 letter.doc

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.

Link to post
Share on other sites

You don't need the arrears and case number - you are sending a letter to Abbey's solicitors (not to the court!) asking for them to consider your offer - send it today with the budget sheet.

 

If it goes to court we will do a statement for you to take with you.

 

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.

Link to post
Share on other sites

If you sent it yesterday, check on the Royalmail website tomorrow to see if it has been signed for (and print it off). If it has, you could ring them on Friday and see if they have a decision.

 

If not, I will draft a statement for you to take to court with you on Wednesday to hand to the judge - I'm confident you will get a suspended possession on the payment terms that you have offered:)

 

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.

Link to post
Share on other sites

Hi, I have received a response.

 

The good news is that they have accepted the repayment offer.

 

The not so good news is that they want to continue with the court proceedings.

If i can just quote the letter:

At the hearing we will seek a possession order suspended upon the terms of the agreement we have reached.

We will also seek an order in respect of the whole amount due to our cleint at the date of the hearing.

The order will not be enforced as long as you continue to make the agreed payments.

 

They go on to say that when i make 6 consecutive payments, they will look at adding the arrears to the account and return to their client.

 

 

I have a feeling you may not be happy with me agreeing to this. My concern is that they then decide not to accept the re-payment proposal.

 

Would obviosly be very keen to hear any thoughts.

 

Thank you in advance

Link to post
Share on other sites

Hi there, I'll be back in a bit - got a meeting to go to....

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.

Link to post
Share on other sites

Hi there, the good thing is that they have agreed to a suspended possession which will make things much easier for your in court.

 

As you did not return the defence papers before the hearing we can do a statement for you to give to the judge, and I can help you with that.

 

The main thing is you know before you go to court that you won't have a fight on your hands to save your home - and that's all that matters... :)

 

Please let me know if you would like me to draft a statement.

 

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.

Link to post
Share on other sites

Yes, it's quite usual for a lender to come to an agreement before the hearing - and if you can get their agreement it makes the hearing easier as there will be no argument over terms.

 

I can't see any reason not to sign - that's the agreement the court are going to order and if you are confident you can keep to the arrangement then there should be no problem.

 

Take a photocopy of the letter after signing it and we can attach that to your statement for court.

 

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.

Link to post
Share on other sites

No problem, I will do it this evening when I get home.

 

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.

Link to post
Share on other sites

Hi there, affixed is your statement for court. You will need to insert the information at the top where I have put XXX's (obviously remove the XX's).

Print out and sign.

 

You then need copies of the letter and budget sheet you sent to them and also a copy of their letter agreeing to your proposal. At the top of each of these copies write the claim number on the top left hand corner then for your letter and budget sheet write Appendix 1 on the top right hand corner and for their letter write Appendix 2 on the top right hand corner.

 

You now have a set of:

 

Signed Statement

Your letter and budget sheet - Appendix 1

Their letter agreeing to the proposal - Appendix 2

 

 

You will need two further sets like this - one for the judge, one for yourself and one for the representative of the lender.

 

You should get to court i plenty of time and ask the court usher if he/she will put your statement in front of the judge before your hearing. If they can't do that you will be able to hand the judge the statement in the hearing.

 

I have also affixed the info o Cheltenham & Gloucester v Norgan case law which we have quoted in your statement. It's just for you to read, do not give attach it to the statement you give the judge.

 

Any further questions, just shout.

Trying Statement.doc

Cheltenham & Gloucester v Norgan.doc

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.

Link to post
Share on other sites

You have been quite brilliant.

 

What an excellent thing you do here. Thank you very much. I will of course report on the outcome. Dreading it actually.

 

Can you just confirm the bottom bit regarding the Cheltenham & Gloucester v Norgan case.

 

Bit of a typo. Are you saying do not give it to judge and "dont" attach it to statement?

Link to post
Share on other sites

Sorry about the typo - what I meant was that the Norgan case law document is for your reference only - not to be attached to the statement. You should read it and take it with you along with your copy of the statement. It has been known for judges to ask defendants if they know what the case law is about (doesn't happen often, but best to be prepared). If you gave it to the judge he might take the hump! they're supposed to know case law lol

 

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.

Link to post
Share on other sites

Just out of interest. How long should it take?

 

I'm not in a hurry but just want to know if its a 5 minute thing (i hope) or longer.

 

Also, what should i wear? Very smart or just casual. That may be a very silly question. Apologise

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...