Jump to content


  • Tweets

  • Posts

    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
  • 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

Eviction notice recieved from lenders solicitors today


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4067 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, will catch up with you tomorrow and we can get it all done then - I'm pretty busy at work (thought I might have some spare time today, but a few things have come up that I need to deal with)

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

  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi, Budget Sheet - Does the income of £1550 include overtime?

 

You need to put the £10 entertainment costs into the housekeeping, the court would expect you to give up this in order to pay the arrears.

In box E you show £225 left over for credit debts but in box F the payments to credit debts add up to £185 - this leaves £40 spare which you would be expected to pay to the arrears.

 

You will need to provide some documentary evidence of your being off work with a broken foot - do you have anything from the hospital? copy of sick note ?

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

Thanks Ellen sorry but late replying,

i have taken off the overtime in case it were sttopped again the 1550 is the current amount without overtime, it should be a little lower actually i will amend the budget sheet now, i didnt get a sick not as i dont qualify for sick pay i only work 10 hours a week. i am trrying to find a the copy of the letter that was sent to my doctors. i am just going to print the forms off i need now too. i will do budget sheet now and post when updated.

Link to post
Share on other sites

Adding to my last two threads i have looked for hospital letters only one i can find is a copy of one sent to doctor saying i had had plaster taken off and was advised to mobilise and be seen again in six weeks that was mid feb. oh dear is this going to be a problem i dont even have any wage slips for that period, only after the new tax year in april. also i have downloaded the n244 for is that correct, can you help me with it, i dont have a clue where to start with that. thanks so much again.

Link to post
Share on other sites

Hi, these are the instructions for completing the N244 form. I will affix the statement to go with Q.10of the form in the next post.

 

 

1.Your names

2. Tick Defendant

3. Cancellation 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 (this is the statement I will draft for you to affix)

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.

 

Is this the form you downloaded?

n244_0400[1].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

sorry just noticed that you were doing that for me, i have been told i can put this application in the more local court and to keep in contact with the bayliffs office the warrent is in, but at the top where it says name of court to i put Nottingham where i want the hearing and taking the forms or the court on the bayliffs letter thanks again

Link to post
Share on other sites

Put the court where you want the hearing but the case number will be the same - leave the warrant number blank at the moment until you take to the court and ask them if it will be the same for Nottingham.

 

I have affixed the statment to go with the N244 - you need to enter the details where there are XXX's at the top (remove the xxx's). There are also xxx's in the statement where your name is so you need to put that info in too.

 

Once you have done that, print off and sign

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner then staple it to the statement (have you done anything with the budget sheet as in my post #28 this morning?).

 

You will need to take a photocopy of it all before handing into the court so you have a copy to refer to in the hearing.

There is a fee of £40 to pay when you hand the forms in and it will need to be cash - take the eviction warrant along with you. Remember most courts close at 4pm.

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

Ellen, depending on what date the hearing will be we are unsure if my husband will be able to attend, so when i fill the forms in do we both need to sign or just me also q1 should i put both names or just mine, he cant get any time off work till next friday so if its any other day he cant get

Link to post
Share on other sites

If the mortgage is in joint names you have to put both names anyway - and it's OK for just one of you to attend.

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

OK, let us know what date the hearing is and we can go through the procedure. Don't forget to take a copy of the documents before handing in to court.

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 Ellen, put papers in court today, got my hearing next friday morning..i was so nervous and that was just putting in the papers...while i was waiting 3 other people came in filing for suspension of evictions too. Anyway i will catch up with you in the week, i hope you can help prepare me for this i am dreading it..going to try and stop worrying even if its for a couple of days..thanks Ellen

Link to post
Share on other sites

Hi Ellen, i hope you dont mind me asking for your help again, we have the hearing on friday morning and i hoped you would let me know what i need to gather to take with us. i have copy of the court documents you did for us and also the court gave us a copy too, do i need anything else. thanks again.

Link to post
Share on other sites

Hi again, Ellen do you think i need to take any documents to court with me like wage slips or wont they ask i dont know what i need to take, only 2 more days to go also Ellen if the judge says the eviction will go ahead still will he give us time to find somewhere? thanks

Link to post
Share on other sites

I don't think you need to take anything else - the judge will have read your statement and any documents you affixed to that, but take the wage slips just in case. If the eviction is not stopped ask the judge for leave to appeal -I'm sure you won't have to do that:) Did you check with the court to see if they have any free duty legal advisers on Friday ?

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 Ellen, eviction suspended, thankyou so much for your help, went into court with duty solicitor, I losy my father yesterday so took nothing with me as my frame of mind is not good at the moment, well the judge read through statements their solicitor went on how we are a risk because of missed payments etc, the judge asked me what house we lived in i said semi, 3 bedroom he tutted, then asked if my son worked i said yes but only part time as he cannot find a full time job, he looked at me and said its a sad time and the poor parents have to pick up this countrys mess, then he said how much is left on mortgage the duty solicitor said 35000 and the property value is 100000, he tutted again said arrears would be cleared in 4 years which was a quarter of the term left. he was angry and told the duty solicitor that they had no right in asking for bank statements from my stepfather and then he said why are we here, about 3 times then said i am suspending this its very obvious that kensington see the equity in the home and that is the only reason they are intent on trying to gain possesion. he was so nice and wished me luck with the new year and said he could see i have had a tough few years and to go home and grieve properly with this weight lifted. thanks so much again Ellen

Link to post
Share on other sites

Hi Ellen, eviction suspended, thankyou so much for your help, went into court with duty solicitor, I losy my father yesterday so took nothing with me as my frame of mind is not good at the moment, well the judge read through statements their solicitor went on how we are a risk because of missed payments etc, the judge asked me what house we lived in i said semi, 3 bedroom he tutted, then asked if my son worked i said yes but only part time as he cannot find a full time job, he looked at me and said its a sad time and the poor parents have to pick up this countrys mess, then he said how much is left on mortgage the duty solicitor said 35000 and the property value is 100000, he tutted again said arrears would be cleared in 4 years which was a quarter of the term left. he was angry and told the duty solicitor that they had no right in asking for bank statements from my stepfather and then he said why are we here, about 3 times then said i am suspending this its very obvious that kensington see the equity in the home and that is the only reason they are intent on trying to gain possesion. he was so nice and wished me luck with the new year and said he could see i have had a tough few years and to go home and grieve properly with this weight lifted. thanks so much again Ellen

 

Good, one with some sence

:mad2::-x:jaw::sad:
Link to post
Share on other sites

I'm so pleased it went right for you in court - well done for being so brave under the circumstances.

 

My sincere sympathies for your loss :(

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

Very sorry to hear of your loss, remember nobody has the right to tell you how long or how you should grieve... everyone is different.

 

At least you have one weight off your mind in this difficult time. I bet Kensington will try every trick they know to get you back to court again - at least that judge seemed to be on your side.

Link to post
Share on other sites

  • 3 months later...

Hello again so sorry to have to ask but i am afraid i am need of help again, as you will be aware we were granted a eviction suspended in november but unfortunatly we are be evivted again on 7 march, i have not been well and not been at work due to the loss of my father which i have taken badly, i have now been back at work a month and am now ok to work again, because of this loss of my wage we have not managed a payment since the eviction was suspended. but will be now. i need to file the papers with the court on monday and hoped Ellen would draft me a letter of she is able to please. I know reading this we probably deserve to lose our home but i hope am hoping the judge will give us one last chance. Idid ring lender explaining this and also if i could change the payment date and set up a standing order so the money would leave our account on the day we get paid. she said no this was not possible as the court sets the date and we are under a court order so we would have to go back to court to do this. everything in this thread is still the same finance wise etc.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...