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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Nat West /Shoosmiths reposession proceedings


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For how to set out a witness statement to go with the Question 27 of the N11M defence form please see page 13 of our guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession page 4 give you some tips on dealing with the defence.

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May I ask your opinion on whether or not I should list all the money owing to my credit cards/loans?

 

I have been fighting these for the last three years and have not made a payment as none of these are enforceable therefore they are not a day to day expense.

 

Im worried that this may cause confusion in court or indeed prejudice the court against me. I want to do the right thing but am concerned.

 

Thanks

 

GIB

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Further to my last mail I have been in touch with the bank and have made an offer that relates to the sale of my property. They have come back to say the client would consider seeking an order for 60 days from the date of the hearing before any further action takes place to give me time to sell. Does this sound reasonable or a booby trap!

 

GIB

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Would they put that in writing ?

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Sounds ok, you just need to make sure that email is included in your statement for court

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For how to set out a witness statement to go with the Question 27 of the N11M defence form please see page 13 of our guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession page 4 give you some tips on dealing with the defence.

 

Hi, I posted earlier where to get the info you need for filling in the N11M - you can see an example of the statement to go with Q.27 on page 13 - you should write "see affixed statement" in box 27.

 

I would advise you to fill in the paper copy of the N11M (online forms have been known to go missing and you cannot affix documents to it) then send to the court by special delivery (or hand it in in person if the hearing is only a week away). Take a photocopy of it all before sending in so you have a copy for yourself to refer to in the hearing.

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If you are not paying them anything then I don't see that you should put them on the budget sheet. If you have to negotiate with them later for a very small token payment (perhaps £1 per week) then you can use the same budget sheet to show them you have no real disposable income to pay them with.

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Sorry - not sure what you mean - what defence document?

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You should be filling in an N11M defence form

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Shoosmith's wouldn't send you one - it should have come with the Claim for Possession froms from the court. (I didn't send you an N11M)

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Instead of the N11M defence form you can send in a witness statement (as shown in the guide I gave you the link to) with a budget sheet affixed. (hand it in to the court as your hearing is quite near)

 

You will need to take a copy of it all for yourself so you can refer to it in the hearing.

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Let me know if you want me to look over your witness statement and budget sheet before you hand it in :)

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  • 2 months later...

So we went to court and got 75 days to sell the property. Unfortunately our tenant left the place in a disgusting state and was impossible to show until second week inNovember. The suspended order is due to be actioned on 18/12 and we had resigned ourselves to losing the flat but onFriday we hadanoffer , a very good and credible offer. I am goingtocontact the bank tmrrw to ask them to stay the order.

 

Should I contact the court too?

 

How long would it take for the bank to actually repossess?

 

Thanks very much for your thoughts

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Hi, if you have a suspended order then the property won't be repossessed on the 18th - if you don't hand in the keys or pay all the arrears by the 18th the lender will apply for an eviction order - I'm almost certain they won't be able to get a warrant before Christmas so I expect if they do apply for one it will be in the new year. When you get the eviction order, if the property sale hasn't completed by then you an apply to the court to have the eviction stopped pending completion of the sale.

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Hi, if you have a suspended order then the property won't be repossessed on the 18th - if you don't hand in the keys or pay all the arrears by the 18th the lender will apply for an eviction order - I'm almost certain they won't be able to get a warrant before Christmas so I expect if they do apply for one it will be in the new year. When you get the eviction order, if the property sale hasn't completed by then you an apply to the court to have the eviction stopped pending completion of the sale.

 

As always Ell en you have been really helpful thankyou!

 

Do you think I should notify Shoosmiths that we have the offer or just wait for the warrant and ask for more time from them?

 

Thanks again

 

GIB

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