Jump to content


  • Tweets

  • Posts

    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
  • 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 
      • 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

Help with repossession order


Family of Six
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4294 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

First Plus have been granted a possession order as we had built up arrears and then inadvertently missed a number of payments due to a debit card change. Is there anything we can do at this stage to save our home? Should we be discussing a payment plan with FP or is it just too late for that now? We are a married couple with 4 children aged 3-12, I have a good job and recently, a good income. First mortgage with NRAM has a suspended possession order and we can maintain the payments OK.

 

Thanks

Link to post
Share on other sites

Hi there, did you attend the possession hearing and put forward your defence?

 

How much are the arrears?

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, have you had a copy of the court order yet? what does it state (exact wording) i.e. you should give up the property in 28 days or is there a suspended order.

 

Did you send in a defence to court?

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

1. The defendant give the claimant possession of.......(address)...... on or before 17 September 2012

2. Judgement for the claimant £70,237.97

3. The defendant to pay the total amount of £70,237.97 to the claimant

 

Thanks.

Link to post
Share on other sites

OK, you have some time to try and negotiate with the lender - I can draft you a letter to send to them. I am at work at the moment but will be online later this evening -will you be able to be here then?

 

If you don't move out before the 17th September the lender will have to apply for an eviction warrant and if that happens you can defend by applying to have a hearing in front of a judge to stop the eviction and we can help you with that - but you will absolutely have to attend the court hearing.

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, it might be after 9 though - I have to go out shortly

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, you will need to send a budget sheet with your letter to FP (you will also need one if you need to defend eviction). I have affixed the one we normally use in these cases - it calculates automatically as you fill it in. Let me know how it works out so we can be sure you are able to afford £100 extra each month.

 

Before I can finish the letter to FP I need a little more information:

 

Is the property in joint names?

What was the reason for the arrears?

Had you contacted FP before court proceedings to discuss arrears?

How long has the mortgage left to run?

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

Thanks for getting back to me.

 

Property is in joint names.

Arrears - we had general financial difficulties due to having 4 children and moving to the expensive South from the North. Had arranged reduced payments with FP and have been paying those successfully for quite some time in the knowledge that some arrears would build up. The payment came out of my debit card rather than a DD but sadly I did not recall that when I changed my card a few months back. We missed 3 payments without realizing and FP instigated the court action without any further communication.

Contacted FP and were advised to call Eversheds solicitors. They said they did not have the files. Then received a letter from Clarity and we offered an increased payment but never heard back from them.

19 years left to run I believe.

 

will complete the budget sheet tomorrow.

Thnanks again for helping.

Link to post
Share on other sites

OK, will catch up with you tomorrow :)

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 completed the budget sheet and all looks OK, I will check it again with a fresh pair of eyes in the morning and then will be looking to contact First Plus and see if we can reach some agreement. Will you be able to help with the letter tomorrow? Many thanks for your help and assistance.

Link to post
Share on other sites

Yes, I can help tomorrow - will you be onlilne during the day?

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, do you want to email the budget sheet to me so I can check you have accounted for everything? my email is Ell-enn@consumeractiongroup.co.uk (there's no space between the c and o - the website just shows it like that for some reason).

 

I'll draft the letter and post on here for you to review - will be this afternoon, I'm at work at the moment and have a couple of meetings. Do you have the correct address and department to send the letter 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

OK, will take a look.....

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've replied to your email

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, letter affixed - you need to put your mortgage account number where there are XXX's and also add in your address and First Plus address. Make sure the letter stays all on one page (set your printer for A4 paper not Letter size).

 

Make sure you keep a copy of the letter and budget sheet in case we need it to be included in a defence if FP enforce the possession order. Send by special delivery and keep the receipt for posting safe so you can check on royalmail website a few days after posting to print of the signature receipt, when you have that staple it to the copy letter.

 

If Evershed's contact details are on the court order you could send them a copy of the letter and budget sheet with a covering letter as follows:

 

 

...................................................................Your address

 

Date:

 

Eversheds Address

 

Dear Sirs,

 

Your Client - First Plus Case No XXXXX

 

Please see affixed letter and budget sheet for your information.

 

Yours faithfully

 

XXX & XXX

 

Enc.

Family of six 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

Hi Ell-enn,

 

Letters were delivered on Monday and thanks again for your help. we now await a response. However, we have today received an unexpected letter from the court regarding the e-mail that we sent to them and to Clarity a week before the court date, making an offer to pay an additional amount towards the arrears.

 

The letter states:

 

Your correspondence dated 15 August 2012 has been placed before the District Judge who has made the following comments;

"The defendant will need to make an application to vary the order"

 

Do we need to do something about this now, or await a reply from the letter that we have sent to First Plus?

 

Thanks

Link to post
Share on other sites

I would wait for a reply before entering an application to the court - there is a fee to pay for the application and if you can reach an agreement with FP without goung to court the money for the fee could be used towards the mortgage payment.

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

Forgive me if I'm wrong Ellen but is it not worth putting in application to suspend repo order rather than letting it go further down the line to eviction hearing? Grounds could be the payment plan attached etc. This would be back up plan in case lender don't play ball.

Link to post
Share on other sites

I understand what you mean Chillin - but, nothing can happen till after 17th September so it would be better to wait until at least the end of this week/Monday next week to see if FP will agree to the payment proposal. Then if no response an application can be made to court for a hearing - I'm just trying to save the op the £80 court fee when it might not be necessary - and there's plenty of time to get an application in if we need 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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...