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    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
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    • I went back to the area, this photo is taken on entry. My vehicle was parked in the first space on the left.    Would you say there is sufficient signage ? It’s different to the street view as one sign is missing. The sign nearest to where I parked is 2.23m above ground! So even if the car had been reversed parked in front of it, I don’t think it could be seen. PCN PPM.pdf
    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
    • £749.69 court fee £70 legal fee £70 total £889.68 MyJar TM.pdf
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Possession order on my home – Spouses (MY) rights


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My husband has a possession hearing on our home,

 

He gave HSBC a director’s guarantee on his business that failed.

 

He bought the house with a normal mortgage 4 years before we got married, and started his business 5 years after we were married

 

Our home and mortgage and his directors guarantee is only registered in his name. He extended the mortgage to provide funds for his business and gave the guarantee.

 

Do I have any rights? and what should I do,

We are still married (just!) and have school age children also

Please advise me

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Hi, let's get the important stuff out of the way first before we go on to anything else.

 

Is it the mortgage that is in arrears?

Has he responded to the court claim yet?

How many months arrears are there?

Is he able to make monthly payments + something towards the arrears gong forward ?

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Hi, The possession hearing is from the bank recovering funds from his director’s guarantee.

 

Which is debt that was owed to them when his business stopped trading

This was around 40k and he has offered to and able to make payments of around £400 pm, apparently may be more but I understand they have said they want it paid in two years or less as the is equity in our home.

The actual mortgages from the house purchase and extra funds are stable, there are some arrears but these are being paid on a monthly agreement.

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Has he received a claim for possession from the court yet?

If so, has he responded to the claim ?

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Hi, what proposal for payment is he thinking of offering? We can help you with the defence statement for court

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He is still looking to pay around £400pm, but this may need to be increased - I think he is hoping the Judge will make an order to this effect

his current business is growing so he believes he will have much more funds available in 6 months plus.

 

a defence statement sounds like it would be useful

what are my rights

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Is the mortgage you have in joint names? (I know it's the bank who are taking your OH to court but need to know what is jointly owned).

 

How old are the children ?

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He bought the house with a normal mortgage 4 years before we got married, and started his business 5 years after we were married

 

Our home and mortgage and his directors guarantee is only registered in his name. He extended the mortgage to provide funds for his business and gave the guarantee.

 

Our children are 9 and 14

Nothing is in my name at present

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What date is the possession hearing scheduled for ?

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It would be helpful if I knew the exact date.........

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Are you able to contact him on his mobile ? if the hearing is tomorrow it's a bit late for me to get a defence together as I'm at work all day and then have a meeting this evening.

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well it's even too late to take a short statement along to the court for tomorrow's hearing as they close at 4pm. Does he have a solicitor handling this/going to the court with him? I can't believe a businessman would go to a repossession hearing without at least sending in a defence ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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