Jump to content


  • Tweets

  • Posts

    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Actionfraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
  • Recommended Topics

  • 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
  • Recommended Topics

Behind on payments of court order


jojogirly
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4570 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

Yes he is good, I am still unsure whether or not to take him as yet. I am so hoping that the court will give us that last chance. But just in case have started to pack. If they say no on Friday I will have three days to find somewhere to live so better get prepared.

 

I will be printing off more copies of payments to take along but the court order will still be about one payment behind so I dont fancy our chances.

Link to post
Share on other sites

We lost this morning. The judge seemed very friendly with their solicitor. He basically told us we were out of touch with reality.

 

He suspended the order for 7 days to give us time to find somewhere else to live. When I started to cry he told me that was more evidence of me being out of touch with reality.

 

There really is nothing we can do now except say goodbye to our beautiful home. I am devastated.

 

Just wanted to stop by though and say thank you for all your help and advice Ell enn. Take care all xxx

Link to post
Share on other sites

OMG!! I can't believe it ! I don't know what to say :) :)You can appeal to a higher judge - if you want to do that we can help you with the N161 Appellants form, but you need to act quickly - the only other option is to pay the full 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

We lost this morning. The judge seemed very friendly with their solicitor. He basically told us we were out of touch with reality.

 

He suspended the order for 7 days to give us time to find somewhere else to live. When I started to cry he told me that was more evidence of me being out of touch with reality.

 

There really is nothing we can do now except say goodbye to our beautiful home. I am devastated.

 

Just wanted to stop by though and say thank you for all your help and advice Ell enn. Take care all xxx

 

I have looked through the entire thread but cannot find any figures anywhere with regards to what the actual arrears were - this might give a clue as to why the judge felt you were out of touch with reality. It is fairly unusual for a judge to dispense with a stay application if there are realistic prospects of the arrears being cleared within the term of the mortgage.

 

You do have a last port of call with the Circuit Judge, however you're going to need to ensure that your proposal is actually realistic.

 

How much are the arrears?

How much is the property worth?

How much is the outstanding mortgage?

Can you realistically afford the CMI plus an amount towards the arrears?

How can you be sure your job will last given that it has caused income fluctuations?

 

The CJ is usually quite sympathetic to people in your situation IF you have a realistic prospect of clearing the arrears, even if you have to use the whole remaining term of the mortgage to clear the arrears.

 

No offence intended, but either there is something you haven't told Ell-enn when she was helping with the paperwork, or you had a manifestly unfair judge (the latter is a possibility but would be extremely rare).

 

Edit: I noticed your partner has a supportive boss - would there be any possibility of him reducing the arrears in a lump sum and you paying the extra to him each month instead of to the mortgage company? At this stage you should use everything available to you to try to keep your home.

Edited by Lea_HTH
as above...
Link to post
Share on other sites

Hmm, just looked at your original thread from July 2010 - when you also had a stay application - so that is at least three stays, one in July 2010, one earlier this year, and one this month - I think I can see where the judge is coming from (really, no offence intended AT ALL), but 20k of arrears and three failed agreements is reason enough for the judge to think you cannot afford the mortgage.

 

That said, I think you should still make a final appeal to the CJ - so long as your 250 per month offer will clear the arrears before the end of the mortgage term. If it does not, then your alternative is to ask the CJ for the matter to be reconsidered for time to sell (get the property on the market with proof that you have done this before you get your hearing - obviously that will need to be done this weekend as you've only been given 7 days stay) - that might be a little persuasive depending on the buoyancy of the market in your area.

Link to post
Share on other sites

Dont worry no offence taken. The thing is we had £5000 available to pay today (some from hubbys boss - some from our wages) to offer which would have caught up with the court order and beyond.

 

I knew our chances were slim, what I didnt like was the way he kept joking with their solicitor almost making light of it, He wouldnt even look at us. I know he is only doing his job but he pretty much called us liars with regards to our budget sheet. He said that our other bills were extreme.

 

I dont think we will appeal - I dont think it would really achieve anything. and there is no chance of us raising the full arrears so I guess that is that. I asked him there and then if we could have more time to find a home - he basically said we should have already sorted that out.

 

I am hoping everything happens for a reason and bigger and better things await.

Link to post
Share on other sites

Will you be able to find somewhere to go in 7 days?

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

Dont worry no offence taken. The thing is we had £5000 available to pay today (some from hubbys boss - some from our wages) to offer which would have caught up with the court order and beyond.

 

I knew our chances were slim, what I didnt like was the way he kept joking with their solicitor almost making light of it, He wouldnt even look at us. I know he is only doing his job but he pretty much called us liars with regards to our budget sheet. He said that our other bills were extreme.

 

I dont think we will appeal - I dont think it would really achieve anything. and there is no chance of us raising the full arrears so I guess that is that. I asked him there and then if we could have more time to find a home - he basically said we should have already sorted that out.

 

I am hoping everything happens for a reason and bigger and better things await.

 

I think if you pay that 5k you'd have an even stronger likelihood of succeeding.

 

But...if you think you might just be in the same position in 6m time, then it might be better to let it go. It's a tough decision t make, but you did state you'd retrained so things may improve financially when you get a permanent post. You don't have much time if you want to appeal, so have a good think over the weekend as to what you want to do. At the very least making the appeal will remind you in future, even if it fails, that you did absolutely everything you could to sort this matter out.

Link to post
Share on other sites

We are viewing a few places this weekend - I dont know how long it takes to rent somewhere. A problem we have is 'no pets' - we have two cats.

 

I seriously do not know what to do tonight. I am feel so terrible and useless - Going to bed now. Heres hoping tomorrow will be better. xx

Link to post
Share on other sites

I can't predict your chances but getting a solicitor to appeal will perhaps carry more weight - what you need to do is get it started first thing on monday morning! Gather together everything you can to take to the solicitor - the last N244 and accompanying documents such as proof of recent payments, proof that you have £5k to pay etc. so they have everything they need to work on. You will probably have to keep nagging the solicitor to get on with it as they never seem to have the same perception of urgency as us!

 

When I was helping one of our employees with his eviction case, I wrote a letter to the court stating that he was a valued employee with many years service and had found himself in financial difficulties due to many unforseen events. I also stated in the letter that our company was willing to deduct his mortgage payment from his wages and pay it for him - the judge said that was what made his decision easier - the building society provided the bank details and we pay his mortgage by BACS every month and have done this for 3 years now. His arrears are almost cleared and he will be able to go back to paying it himself by early next year. Do you think your husband's employer would do that ?

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

Yes I do think he would do that. Where would an appeal be heard - in the same court? or would I have to go somewhere else? I know it sounds sad - but I wouldnt have to see the judge from the other day would I?

 

Is it worth ringing the mortgage company at all now - or is it all done with them now?

 

Thanks for your help as always x

Link to post
Share on other sites

You would need to get hubby's boss to write a letter to that effect - I can let you have a copy of the one I did so he could just change the details etc. ?

 

Do you have the name of a solicitor yet?

 

It would most certainly not be the same judge - and it may be a different court. If you see a solicitor in the morning get them to ring the mortgage company and see if they would agree to anything (but I doubt it). You only really have tomorrow to make your mind up what to do as any appeal will have to be heard in court by at least Wednesday in case it is not successful and you have to pack up and move out. However, if the appeal is unsuccessful in stopping eviction, you could ask for a little more time to move out.

 

I have affixed an N161 Appellant's form, so you can see what it looks like - you could print one off and take it along to the solicitor with all other paperwork so he has everything ready to complete.

 

You ought to have a back up property to move into at short notice - otherwise where would you go?

n161_0706.pdf

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 a copy of the letter would be fab, no dont have the solicitors name yet, speaking to him first thing tomorrow. Is it common to appeal (have you dealt with it often?) or are we going to be be the oddballs that appeal?

Do you know how much it costs to appeal?

 

We are also hoping to see places to rent tomorrow.

Link to post
Share on other sites

The fee used to be around £100 to appeal (you need to check that though it may have gone up). It's certainly not unusual for people to appeal an evivtion order, especially if they think the judge did not properly consider their case.

 

If you are going to appeal - you must get it moving first thing in the morning, and make sure the solicitor moves fast too. You can't leave it until later in the week in case you cannot get a hearing with a higher judge, or you will have nowhere to go on Friday when the bailiffs turn up.

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, template letter affixed. It needs to be printed on company letterhead with his boss's signature and position in the company.

 

You will also need to copy any confirmation you have regarding your new employment arrangements to give to the solicitor.

Jojogirly employer letter to court.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

Just a quick update on where we are, despite the judge giving us 7 days on the suspension of eviction the bailiff couldnt fit us in until the 19th of October so we have just over an extra week.

 

We have met up with Shelter who are currently looking into the legality of how the mortgage has been handled. And also into how the judge saw things in court last week.

 

I dont think there is a huge amount of hope but have managed to get it together a bit better - we have found a place to live if needs be - which is empty and ready to move into. Havent started packing but have started having a good clearout to make it easier if and when we have to move. x

Link to post
Share on other sites

Glad to hear you have Shelter on your case - they are usually very good - are they going to help you with an appeal ?

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

  • 3 weeks later...

Just wanted to update. Our appeal was unsuccessful on the grounds that the judge had not done anything incorrect in his ruling so his decision stood. We could have entered a further N244 but we would have ended up back in front of the same judge, Shelter advised that this was only worth doing if our circumstances had changed - and they hadnt.

 

The lady from Shelter said she had never seen such an excellent N244 and even took a copy of it to use for reference - So that is definately a credit to you Ell-enn.

 

In the end we had nothing left to do but move out. Was it difficult? Yes but it wasnt the end of the world. The kids are settled in their new home, the rent is considerably less than my mortgage and my friends tell me my mood has changed for the better. I am posting this simply to let others know that after all else fails and if you do unfortunately get your house repossessed then its not the end of the life altogether and you will get through it all.

 

Thank you for all your help on here, I will stop by again soon. xx

Link to post
Share on other sites

Hi there, I'm sorry to hear you were unsuccessful, but I don't think you could have done any more than you did to try and stop the eviction - it must have been very stressful for you at the time, but it's good to know you are settled in your new home. I sincerely wish you well for the future and hope you are now relaxed and able to enjoy life with your family.

 

One thing you need to keep an eye on is how the sale of your property is handled, the lender has to follow a code of conduct when selling properties that have been repossessed so your best interests are protected. Is there much equity in the property ?

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...