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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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Sellessal

Repossession at end of mortgage term.

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My husband and I currently have an interest-only mortgage with Future Mortgages which ends in September 2013. Both of us had good jobs but 2007 I had a bad fall at work and eventually lost my job as I was unable to sit at a computer all day. I am still on Incapacity Benefit and Industrial Accident benefit. In 2008 my husband was made redundant as was told by the Jobcentre that he was wasting his time looking for employment. As my husband had a small private pension he took this early to try to continue paying our bills. As a result of this we were told we did not qualify for any benefits as we had £10 a month too much coming in.

Our endowment insurance turned out not to be worth the paper it was written on and due to our lack of finances we were unable to pay it. Our mortgage is now due to be settled with an outstanding amount of £250,000. We believed that we would be able to sell the house and repay the debt with no problem as it was valued at £300,000 two years ago. It is now worth less than the mortgage. We have considered handing the keys back to the mortgage company but do not know what the consequences would be, We could try to sell the house at below its value and still owe the outstanding balance. As we will both be on state pension next year I don't know how we will ever be able to repay this. Any advice would be most welcome.

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Very sad to lose your home at this late hour, what type of property is it? I have a number of ideas for you, will try and offer some help. Do not hand the keys back.

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Its a four bedroomed detached house. Once our family home but now only the two of us. Any suggestions would be appreciated.

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you should rent it out, in my area it would gain £1400pm - cheapest place to live is on a mobile caravan site, nice holiday for a year or 2, savings could then have you abroad for the winter, when i'm in my twilight i'm going to think like the birds :)

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Thanks Tuttle for the advice but I was really looking for something a bit more constructive, lik the legal implications and what would happen after repossession.

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Thanks Tuttle for the advice but I was really looking for something a bit more constructive, lik the legal implications and what would happen after repossession.

It does take some time before a repossession happens, I would seriously look at your income and what you would gain for selling everything, will your children help and contribute towards the mortgage? afterwards they would just pursue the debt, but you could go bankrupt and pay a % in the pound, after 2yrs it would be discharged. So you have a few options, moving to a smaller place might make life easier. Hope this helps.

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Have you tried claiming back for a missold endowment policy ?


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Have you tried speaking to the local authority about the possibility of using the mortgage rescue scheme? There are certain criteria to be met, but you may qualify.

 

Handing back the keys is not something you should consider lightly. You will remain responsible for the property and its upkeep, insurance and council tax, until it is sold - so effectively, your outgoings won't change much in relation to the house (the monthly payments will continue to accrue as arrears and will need to be repaid eventually from the sale of the house, or in a shortfall if the house sells for less than the mortgagee is owed). An owner occupied house will sell for more than a repossessed property that is empty, so if you can sell it whilst you are still in it, even if you have to take a cut in price, then that is likely to be a preferable option.

 

If you did choose to undersell the house and you are left with a shortfall, you could negotiate with the mortgagee to accept what the house sells for as a full and final settlement of the debt. The alternative is to make an arrangement to repay any shortfall on a weekly/monthly basis - it may be the case that once you're on pensions they will not think it is worth chasing you for any shortfall.

 

You need face to face advice on the best options for you, so I would suggest you contact your local CAB office and/or the local authority department that deals with the mortgage rescue scheme. They can advise you on what to do next.

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I think the mortage rescue scheme money got used up in 10secs flat, everyone jumped on it, and i bet some fraudsters too.

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I think the mortage rescue scheme money got used up in 10secs flat, everyone jumped on it, and i bet some fraudsters too.

 

Then you'd 'bet' incorrectly. The scheme is woefully underspent and if someone qualifies then it is a fabulous scheme that allows people to stay in their homes.

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