Jump to content


  • Tweets

  • Posts

    • Do you have historical meter readings from before the meters were changed? And more recent history showing consumption, in metered units not in £s,  since the change. One specific thing to check is gas. Check that the meter and the bill use the same units. If the meter is recording cu.m but they're billing as if it was counting 100 cu.ft, then your bill will be nearly three times too high.  Overall I'm guessing it's an Ovo screw up. It's significant that they didn't block the transfer, maybe they aren't so sure of their position.
    • Hmmm, interesting point. In my career, that I am retired from now, there were an immense amount of rules and regulations that one had to adhere to by law. The qualification process is rigorous with on going assessments throughout your career and re-certification every 12 months. If you were shown to be not competent in those rules and regulations you could not hold the position and the operational consequences of that could potentially be dire. In the same respect, perhaps a judge who is not conversant in the rules of POFA should not sit in on cases that requires proficiency in that area? I also bow to your considerable knowledge in this area, perhaps I shouldn't be commenting but by doing so I find it helps the learning process. Your last point has just reminded me of something that may help my case, thank you.
    • Just had an email re the my breache in agreement by her rep.   I asked you yesterday if they had asked about her name in the thread being removed.   The issue they have is the Elizabeth turner and genetic pups entry on google.   they knew I did not put it up and told them so in court.  I dnt know how to post on google.   I told them I cannot remove what I did not post.  when i come back here and saw her name gone from threads title, I presumed her reps sought it.   now I get an email saying her names still on google ur breaching the agreement as it’s still on google.  
    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
  • 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

repossession hearing 9th may


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

Thread Locked

because no one has posted on it for the last 4366 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

Hi im just wondering if you can help with an income and expenditure form, and what information do I need for the court hearing? I have been advised not to do an income/expenditure form over the phone, but to post instead. Can anyone shed any light on this? the arrears are £22,000, we have done a rough expenditure form and we are able to offer £150 overpayment each month.

Link to post
Share on other sites

Hi there, you should not do an i & e over the phone, they will bully you into offering more than you can afford. Affixed is the budget sheet we normally use in these cases (it calculates automatically as you fill it in).

 

Have you responded to the court claim? you should have had an N11M defence form with the possession papers?

 

How many years are left on the mortgage?

Are there any charges included in the arrears amount of £22k?

Who is the lender?

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

How much of the 22k is charges?

 

You need to get a statement to court this week if your hearing is on 9th May - I can help you with 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

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, you should return that to the court before the hearing, with a statement attached for Question 27, explaining your circumstances/offer of payment etc. If you read the link I posted above it will show you

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 im just filling out the claim form. I wasn't sure what to answer for these two questions:

5. Do you want the court to consider whether or not the terms of your original agreement are fair?

6. Do you intend to apply to the court for an order changing the terms of your loan agreement (a time order)?

Link to post
Share on other sites

I have just read in the link that you provided above that we could ask the court or mortgage lender to change the mortgage type. Would we still be elligible to do this even if the arrears on the mortgage amount to £22,000? This would help us alot, as the morgage at the moment is interest only. We ideally want a mortgage that is repayment, so we are working closer to making the house ours. Would it be wise to state this on the court form and to ask the mortgage lender?

Link to post
Share on other sites

If you change the mortgage to repayment the monthly payments will increase dramatically

 

It would probably be better just to do a witness statement with a budget sheet attached and take that to the court by the end of this week. There is an example of how to set out a witness statement on page 13 of the guide - you just amend to suit your circumstances.

 

You should include the following paragraph:

 

  • We wish to bring to the court's attention that the arrears figure the Claimant pleads contains late payment charges and therefore is not a true reflection of the arrears situation.

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

5. No

6. No

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

In terms of the arrears balance of £22,000, which like you said is not a true reflection of the arrears situation, should we contact the mortgage provider to get a clear figure of how much is the real arrears and how much are added charges. In my opinion it would be favourable for the judge to see a clear picture of how much the 'real arrears' are. Would it be possible to ask the judge if they are able to levy these charges?

Link to post
Share on other sites

I doubt if you'll get that information before the hearing. Do you have a recent mortgage statement that shows the charges ?

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 are supposed to get an annual statement from them. However if you mention in your witness statement that the arrears figure is not correct the judge has to consider that fact and will probably ask the lender to provide information

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

As I said in a previous post - you don't need to complete the form - you can take a witness statement with the budget sheet attached to the court before the end of the week. Take it in and ask the court staff to put it in the file for the judge to read. You will need to keep a copy of it for yourself so you have one to refer to in the hearing.

 

Have you written the witness statement yet ?

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

Because there are two defendents do we need to complete 2 defence forms, because we only seem to have one. im getting a little confused here, is the witness statement the answer for Q27? it states on the form and online that we must respond back to the claim by completing the defence form?? help!

Link to post
Share on other sites

have you looked at the example of a witness statement in the guide I gave you a link 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

If you are struggling with writing the witness statement - would you like me to draft one for you ?

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, received your message - your statement looks fine (just check a few placed where words are running into each other, although it may be because you have copied it into the message.

 

Make sure you take a copy of it for yourselves before handing it into the court and ensure the budget sheet and statement are securely stapled together before you hand it in.

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...