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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? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. 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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Restored hearing


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Hi,

 

My partner has received notice of a restored re-possesion hearing and would like some advice on what we should take to court pls. The date is 29.09.08

 

The previous hearing was cancelled with an option to restore after family gave us the money to bring the arrears under 2 months.

 

We've recived no forms with the court letter.

 

Thx

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Hi there, we can write a statement for you to take to court detailing your proposals to clear the arrears. Are you able to make any payment each month towards the arrears in addition to the normal monthly payment?

 

Kind Regards

 

Ell-enn

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Hi Ell-enn,

 

I need to do a new detailed budget as I need to take into account increased leccy and gas bills for the winter, then I will get back to you. Don't want to lose the house as we've been here 15 years and have 2 kids in local schools and settled, the youngest who's 10 was actual born in the house (arranged of course)

 

Thx for your help

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Hi, you can download a budget sheet here: National Debtline England & Wales | Personal Budget Sheet

 

and we will use that as part of your defence. It's a good idea to fill one in as a practice so you get your figures right before completing the final copy - the amount left over after all income and expenditure should be the amount you can pay extra each month towards the arrears.

 

Kind Regards

 

Ell-enn

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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,

 

OK i've started to fill in the form but have got stuck on the gas and electric. Currently these are being paid quarterly as we had DD's bounce. Have got an o/s elec and gas to pay, but my question is looking at the amounts there I could x4 and divide by 12 but that won't allow for proposed increases in cost or the extra usuage during the winter. Is there a recommended or court allowed % they add on to cover these issues please ?

 

 

Thank you in advance

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My friend has just had her gas increased by 28% and electric by 33%. Add that sort of increase to what you think the next two bills should be and then add all 4 bills together and divide by 12.

 

Ell-enn

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Hang on I'll attach an excel spreadsheet in a mo.........

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Here you go..........

Budget Sheet.xls

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I need to re-chk my figures but it looks like there is only going to be a small amount to pay off the arrears i.e. under £100 p/m, the arrears are approx £6600 which is just over 4 months payments. Do you think they will wear that low a repayment ?

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Hi, if that is what you have left over each month, then the judge will have to consider that.

 

In order for me to draft a statement for you I need some info:

 

Is the mortgage in joint names?

Ages of your children?

What was the reason for the arrears?

 

 

Kind Regards

 

Ell-enn

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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 Ell-enn,

 

Thanks for that, here's the information as requested:

 

Mortgage is just my partners name

Children are 15 & 10

The reason for the arrears is basically our business has gone down the pan, slowly and painfully whilst we poured money and effort into it until we finally had to give up when the landlords baliff came a calling :sad:

 

The house was in my name only, however to raise funds for the business and with my credit record shot to pieces I sold it to my partner to raise funds. She's had the mortgage since 2006 which just went up after the fixed period of 2 years ended. She's currently interest only in an effort to keep payments down but that's still £1500 p/m :|

 

We've actually lived in the house for 15 years, hindsite is a wonderful thing and we both wished we'd not put so much into the business when we should have seen the decline, but we so wanted it to succeed after the effort we'd put into it.

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Are you both now in employment?

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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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  • 2 weeks later...

Hi again,

 

Getting realy worried now as the court date is only 1 week away, have been unable to get on here as my puter decided to die (what timing) luckily I've managed to get it running long enough to get my data saved onto this computer.

 

Still a very small amount spare for paying the arrears, am I right in thinking there was a test case set for paying the arrears over the length of the mortgage and if so does the judge have to consider that as law or is it still down to his mood on the day ?

 

Is there anything else I need to prepare ?

 

Thx

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Also just had a thought. We've got a PPI reclaim case going on being dealt with by a 3rd party, where any costs are paid by the lender if we win and are covered by insurance if we lose. It's taken a few months to get to this stage where we've just signed the papers for the insurance and apparently the company dealing with it for us have to be fairly convinced after getting the original docs from the lending company that the refund is going to be over £5k. We have been told that the process can take up to 12 months from now.

 

Is it worth taking any of the letters with us to show there's a possibility of a lump sum coming in or would the judge not be interested ?

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Hi there, try not to worry too much - I will prepare a statement for you to take to court with you on the day which will include the relevant case law.

 

I'll make a start this evening and may need a few more details from you. Have you completed the budget sheet?

 

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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Also reading other threads it seems people get their defence into the court in advance but we've nothing to fill in to get to the court. The original repo we managed to fend off thx to a cash gift from my mother so the court date was cancelled. This time it's just come through as a restored hearing with no forms at all.

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That's OK, we can do a statement for you to take to court with you on the day, so don't worry.

 

Ell-enn

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Thx Ell-enn,

 

Is there a guide anywhere as to what's an acceptable amount to put into the various sections of the budget sheet ? For example I've put £33.33 per month for Xmas birthdays but with 4 kids (only 2 living at home) that's not going to be enough. Also I've not put anything for Hols as we've not had one in 4 years due to the business.

 

At the same time I want to make sure that I can offer at least £100 p/m off the arrears in case they don't find the offer acceptable.

 

Advice greatly welcomed.

 

Thx

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Hi, you need to make sure you have emergencies covered too - and holidays (everyone needs some sort of break, even if it's a cheapie weekend away). Make sure that what you offer towards the arrears is sustainable - even if it's only £30/50, otherwise if you miss any payments you will be back in court again to defend.

 

Ell-enn

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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