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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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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.

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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
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HELP!!! Eviction notice for Oct 27... **SUCESS REVOKED**


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Hi I am new here and dont quite know where to begin... I have noticed that Ell-enn helps alot of people in my situation and was wondering if she could help. I need advice and help walking me through the n244 and all documents needed. I can go into it more when I get a reply. This is the second time the eviction process has been started but the situation financially is much better now.... PLEASE anyone????:|

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Hi I am new here and dont quite know where to begin... I have noticed that Ell-enn helps alot of people in my situation and was wondering if she could help. I need advice and help walking me through the n244 and all documents needed. I can go into it more when I get a reply. This is the second time the eviction process has been started but the situation financially is much better now.... PLEASE anyone????:|

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Hi, can you give a bit more information please? so I can advise further

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Hi, can you give a bit more information please? so I can advise further

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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... here goes.... my husband has a mortgage with Santander and is in arrears he has been having difficulties for about a year or so now... he is a self employed electrician and the recession has hit his industry hard. He was out of work for about 6 months the took work which was only 40% of his normal pay to keep head above water.... well in Feb santander and HL interactive took him to court and he had a solicitor himself... however before his solicitor showed up he was approached by HL interactive solicitor and coerced into monthly payments of £825.00 and £250.00 added to go towards arrears. (total about £8,000) Tghis was unreasonable but my husband felt it was all he could to to keep his home. We struggled to get that every month and also in that time NO ONE could give us anything in writing as to what exactly the payment would be despite repeated attempts! We called Santander for a total..paid what they told us 2 days later got a letter from HL interactive stating we underpaid???? GRRRR

Then also I was here from us on visitor visa working on my spouse visa at the time. My husband being a limited business is due a £4,000 tax refund but the tax man is holding on to all limited companies refunds for some reason..... this money was to go towards my immigration but seeing as it wasn't in and it needed to be paid that set us behind. In July it came to eviction where we are now and they wanted £3,500 which we paid..... so as it sits now we are behind Sept and Oct payment... we are able to pay that balance by Oct 27 but they have refused anything less than £8,300.

My husbands job outlook has turned around he has a very good job now and a 18 month high paying job lined up to start Nov 1. So we have no problems paying what we are behind and staying on top of it now... we just need a chance and they dont seem to be willing to work with us.

 

So my question is.... Do we have a chance??? if so how soon do we go to court and file n244? And i need to know how to prepare.... what paperwork etc!!!!! Thank you soooooo much!

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ok... here goes.... my husband has a mortgage with Santander and is in arrears he has been having difficulties for about a year or so now... he is a self employed electrician and the recession has hit his industry hard. He was out of work for about 6 months the took work which was only 40% of his normal pay to keep head above water.... well in Feb santander and HL interactive took him to court and he had a solicitor himself... however before his solicitor showed up he was approached by HL interactive solicitor and coerced into monthly payments of £825.00 and £250.00 added to go towards arrears. (total about £8,000) Tghis was unreasonable but my husband felt it was all he could to to keep his home. We struggled to get that every month and also in that time NO ONE could give us anything in writing as to what exactly the payment would be despite repeated attempts! We called Santander for a total..paid what they told us 2 days later got a letter from HL interactive stating we underpaid???? GRRRR

Then also I was here from us on visitor visa working on my spouse visa at the time. My husband being a limited business is due a £4,000 tax refund but the tax man is holding on to all limited companies refunds for some reason..... this money was to go towards my immigration but seeing as it wasn't in and it needed to be paid that set us behind. In July it came to eviction where we are now and they wanted £3,500 which we paid..... so as it sits now we are behind Sept and Oct payment... we are able to pay that balance by Oct 27 but they have refused anything less than £8,300.

My husbands job outlook has turned around he has a very good job now and a 18 month high paying job lined up to start Nov 1. So we have no problems paying what we are behind and staying on top of it now... we just need a chance and they dont seem to be willing to work with us.

 

So my question is.... Do we have a chance??? if so how soon do we go to court and file n244? And i need to know how to prepare.... what paperwork etc!!!!! Thank you soooooo much!

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I can help you with the paperwork and draft a statement for you to go with the N244. Firstly, can you fill in the affixed budget sheet which you will need to affix to the N244. I also need you to answer a few questions:

 

1.Do you have proof of your husband's new job starting on Nov 1 ? that will also help your case if you can affix a copy of that.

 

2.Are there any children living in the property?

 

3.Are you able to make any payment in the next few days?

 

4.How much can you actually afford to pay toward the arrears each month in addition to the normal monthly payment ?

 

If you can get the N244 to the court by the middle of next week you should get a hearing fairly quickly.

Budget Sheet.xls

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I can help you with the paperwork and draft a statement for you to go with the N244. Firstly, can you fill in the affixed budget sheet which you will need to affix to the N244. I also need you to answer a few questions:

 

1.Do you have proof of your husband's new job starting on Nov 1 ? that will also help your case if you can affix a copy of that.

 

2.Are there any children living in the property?

 

3.Are you able to make any payment in the next few days?

 

4.How much can you actually afford to pay toward the arrears each month in addition to the normal monthly payment ?

 

If you can get the N244 to the court by the middle of next week you should get a hearing fairly quickly.

Budget Sheet.xls

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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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Thanks so much... I feel I can do this now!!!!

1.Do you have proof of your husband's new job starting on Nov 1 ? that will also help your case if you can affix a copy of that. Yes we do have a letter that we used for immigration, this job was to start in July then postponed... but definately on track now!!!

 

2.Are there any children living in the property? one ~13 does that still count as a child???

 

3.Are you able to make any payment in the next few days? only a couple hundred in the next couple days but by next Saturday we can have paid the |Sept whole amount paid and part of Octobers too.

 

4.How much can you actually afford to pay toward the arrears each month in addition to the normal monthly payment ? Now we can do the £250 but more like £175 as to not get into the same predicament again would be more like it.

 

We have worked on a budget sheet somewhat...is it bad to have way too much left over now??? we will because of the increase in pay.

I am lost as to what papers need to be handed in to the courts with the n244 too,,,, I guess I am just a nervous Nellie!!! Heck we just got married in May we dont want to loose our home now!!! :)

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Thanks so much... I feel I can do this now!!!!

1.Do you have proof of your husband's new job starting on Nov 1 ? that will also help your case if you can affix a copy of that. Yes we do have a letter that we used for immigration, this job was to start in July then postponed... but definately on track now!!!

 

2.Are there any children living in the property? one ~13 does that still count as a child???

 

3.Are you able to make any payment in the next few days? only a couple hundred in the next couple days but by next Saturday we can have paid the |Sept whole amount paid and part of Octobers too.

 

4.How much can you actually afford to pay toward the arrears each month in addition to the normal monthly payment ? Now we can do the £250 but more like £175 as to not get into the same predicament again would be more like it.

 

We have worked on a budget sheet somewhat...is it bad to have way too much left over now??? we will because of the increase in pay.

I am lost as to what papers need to be handed in to the courts with the n244 too,,,, I guess I am just a nervous Nellie!!! Heck we just got married in May we dont want to loose our home now!!! :)

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Hi there, try to stay calm - we have a few days to work on the N244 - there is no point in rushing things, given what you have said I don't think you'll have any problem getting the eviction stopped. If you'd like me to look over your budget sheet you can send it to me at [email protected]. The budget sheet I gave you automatically calculates as you enter the figures. You should not show large amount left over as the court will expect you to use it towards the arrears. Remember that electicity and gas costs will be more expensive in the coming winter months. Also, if the mortgage is only in your husband's name then only use his income.

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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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Hi there, try to stay calm - we have a few days to work on the N244 - there is no point in rushing things, given what you have said I don't think you'll have any problem getting the eviction stopped. If you'd like me to look over your budget sheet you can send it to me at [email protected]. The budget sheet I gave you automatically calculates as you enter the figures. You should not show large amount left over as the court will expect you to use it towards the arrears. Remember that electicity and gas costs will be more expensive in the coming winter months. Also, if the mortgage is only in your husband's name then only use his income.

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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You cn send a letter explaining what your circumstances have been and letting them know what you are able to pay and when, and also that you will be able to make the arrears payments each month going forward. Send it by special delivery tomorrow so they get it tuesday. Do you want me to draft a letter for you ?

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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