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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
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2nd Eviction due 14TH AUG


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Hello everyone,

 

I would very much help appreciate any help/advice on the following:

 

Had a suspensed order imposed on my house in Sep 2009 due to arrears. Since then I have maintained payments up til May 2012 when I then missed 2 months payments. I recieved 1st Eviction notice dated for 13 June 2012. I subsequently managed to make this payment on 14th May 2012 and the eviction was stopped by Hamlins c/o Santander.

 

I then missed the June payment (due on 30 June 2012) and received a letter dated 20th July from Hamlins stating they had applied for eviction. I immediately paid the amount due to bring things back in order.

 

Hamlins have however not stopped the eviction (due on 14th August) and have stated the only way to do this is give them 4 months payment in addition to normal payments before 14th August. I have given them my budget/costs and told them I am incapable of giving this amount.

 

The background to all this is that my father had terminal cancer and was in palliative care at home. I had to take unpaid leave to help look after him and thus the first eviction notice came about. I resolved that through friends/family helping to pay off the missed payment. I informed Hamlins about this personal situation at the time. My father died on 20th June 2012 and I was going through a rough patch and missed the payment due on 30 June.

 

The first correspondance I received after this point from Hamlins was the notice dated 20th July that they had applied to the courts to evict.

 

I am at my wits end and Hamlins have made clear they dont want to know - its 4 months payment or bust. The fact that I have made overpayments literally every month since 2009 and that I have a secure job and can afford the repaymenst have fallen on deaf ears.

 

Sorry for the long post but your advice is greatly appreciated.

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Hi there, you can apply to the courts for a hearing in front of a judge to get the eviction stopped. You apply on an N244 form which I can help you with, but will need a little more information:

 

Is the mortgage in joint names?

Are there any children living at the property?

How much are the total arrears?

Are you able to take the N244 form to the court tomorrow? (there will be a £40 fee to pay, which must be in cash).

How long is left on the mortgage term?

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Hi there, I will catch up with you this evening when I get home from work and we can work on the N244. How much can you afford to pay each month towards the arrears? If you complete the affixed budget sheet (it calculates automatically as you fill it in) it will help you decide what is affordable - also we will need to affix it to the N244 so the judge will be able to see how you will afford the payments going forward.

Budget Sheet.xls

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One thing I would just add to this though is that, if you have not already done so, you might want to consider speaking with the lender directly rather than the solicitors.

 

Not saying that they will definitely be any easier, but they often are, given that they can use more judgement on situations than the solicitors can

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Hi, have you done the budget sheet yet ?

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Hi, you can send it to me at ([email protected]). Let me know when you've sent it so I can look out for it

 

In the meantime I need a little more information:

 

How much is your normal monthly payment and how much extra were you paying towards the arrears each month?

How much were the arrears in September 2009 when you had the suspended order and how much are the arrears now?

Am I right in thinking you brought the agreement up to date by paying the missed June payment in July?

Did you make July's payment?

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Hi, I've sent the spreadsheet through now.

 

Normal monthly payment is £634 and I was paying £75 on top each month as per the suspended order requirements.

Arrears were around £5000. It is now just over £9000. This was due to service charge/maintenance work arrears on my property which the building management company put onto the mortgage through Santander.

I did bring the agreement up to date by paying the missed June payment in July and I have made July's payment.

I am also upto date with ongoing service charge payments (given the fact that previous service charges were transferred to the mortgage arrears) so there will be no further 'additions' to the arrears sum from the building management company.

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Surely the service charge etc shouldn't have been added to the arrears??? Arrears are missed contractual monthly mortgage payments - service charges are not mortgage payments. How did they get away with adding it to the arrears? Do you want to bring this up in court and ask the judge to consider it?

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How much had the arrears reduced to before they added these charges? when were they added?

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Surely the service charge etc shouldn't have been added to the arrears??? Arrears are missed contractual monthly mortgage payments - service charges are not mortgage payments. How did they get away with adding it to the arrears? Do you want to bring this up in court and ask the judge to consider it?

Apparently the terms of my lease (and most leases) allow them to recover the property on behalf of the freeholder if I don't abide (pay) by it. At this moment in time I don't want to muddy the waters I guess so dont really want to involve the Judge - it is money that I owe and the service charge company's repayment terms are actually very harsh ie personal situations don't count for much.

 

The arrears had reduced to about £3100 before this. The charges were added in April 2012.

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Sorry maybe I misread your point re: service charge - are you saying it should have been added to the overall loan amount (therefore me paying this amount off over the whole remaining term) rather than onto arrears, which need to be paid back asap?

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OK, I was just thinking ahead - when you get to the point where you have cleared the real arrears, what is left is the charges which are not arrears - should you miss a payment then they are liable to try and evict - however, we could cross that bridge if it comes to it.

 

Have you emailed the budget sheet yet?

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Sorry maybe I misread your point re: service charge - are you saying it should have been added to the overall loan amount (therefore me paying this amount off over the whole remaining term) rather than onto arrears, which need to be paid back asap?

 

Yes that is what I meant

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I've not received it yet - can you check the email address [email protected]

 

there's no space between the co.uk - for some reason it always shows a space

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OK, I'm assuming you have a printer at home?

 

I have affixed the N244 form you need to print out and fill in as follows: (I will affix the statement for Q.10 in the next post with further instructions)

 

1.Your name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

n244_0400.pdf

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Hi, just sent it again - I took out the space last time as well. Hope it goes through this time - if not maybe I can try from a different email.

 

Still not received it :(

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Hi, just sent it again from a completely different email address - none of the emails have bounced back at all so very strange?!

The dash between ell and enn isn't an underscore is it?

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No it's not an underscore and it still hasn't come through- if you haven't got your name on the budget sheet you can affix it to a post in this thread and I can take a quick look

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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