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    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Kensington SPO ***Resolved***


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I am having a right nightmare with Kensington mortgage company and need some much appreciated help .

 

I had a suspended possession order granted in oct 2007 as I had lost my job at the nhs and my wife business had collapsed

 

the suspended possession order was issued in oct 2007 for my monthly payment plus £50.00

i think i need to dig it out as it was nearly 6 yearslink3.gif ago i will post later the exact amount

 

I have been making payments over the last few years to Kensington

but also built up massive arrears on my council tax and second secure loan with welcome finance

 

at the mo long story short

 

I have now cleared my 7000 pound arrears with council tax (rossendales ballifs ) april 2013 and

 

got my arrears down to £1095 with welcome finance (was over £5000)

however with doing this I have now got arrears of £20,018.46p as of 19th august 2013 with Kensington.

 

I had an arrangement in feb ,march,april, to pay £636 (monthly payment) to Kensington of which I paid

march £640.00 april £650.00 may £800

 

i only paid £160.00 in feb due to having several other debts elsewhere stupid of me i know !!

 

on the 28th of april when i paid £800

 

i was charged arrears fee of £50 and

 

i was told my arrangement had finished and i needed to fill in income expenditure form

send bank statements in and wage slips to consider a new arrangement for may

 

after filling in all sheets and sending in the above i offerd £636 + £64 off the arrears (£700.00 a month

 

after 19 days i got a letter stating this had been declined and was advised to up my offer so

 

i didn't make a payment in may as i wanted an arangement setup so i knew what i was paying

 

i will explain later (don't want to go on but arragrements have been declined lots of other times over the past 5 years

until i offered a lot more even if i couldn't afford it so im at the end of my tether and on the verge of giving up !

 

after clearing more debts in mid april and doing a new budget sheet i could offer £636 + an extra £200 .a month off the arrears

 

i sent again budget form,

wage slip,

bank statements and

again the payment proposal was declined after 16 days

stating i couldn't afford the above (even tho the budget form stated i had an extra £204.00 at the end of the month ) offer

as i had stated i would like to pay weekly and the computer calculates some months as 5 weeks

the payment would be nearly £1000 in certain months

 

i didn't pay anything in june as im holding onto my money incase thy issued possession

which they kept stating every time i called them unless an aragement was agreed

 

after sorting the above over the phone along with been told Kensington had inputed my child benefit of £134 into child benefit

and also the same figure int family tax wrong (not £179.00 as stated on the budget form) and explaning the weekly thing

 

i put a new proposal of £640 a month + £200 a month of my arrears which would take roughly 8 years to clear

(still have 22 years on mortgage term)

 

i advised i would start paying at the end of august and was advised the new payment proposal was affordable

and would be given to the senior team (5th of august and boom i get a letter today dated 19th august stating

unless i pay £20,018.46 in 7 days evershields (solicitors ) will apply to the court for the issue of a warrant of possession

 

im holding onto my £840 incase i need to pay a rent deposit

 

in the past i have an arrangement for 3 months

pay it then it ends then seems to take 4-6 weeks to get a new arrangement

 

i get charged £50 a month arrears fee and i can never get an arragemnt set up that's affordable they always decline 1 or 2 times

until i offer a silly amount

 

once i pay that for 3 months the same again the arrangement ends

i have to update my budget forms and again charged £50 a month arrears

except this time agfter 3 months arrangement they wont renew it..

 

please help i don't know what to do !!

 

i called Kensington this evening and was told they sent a letter dated 15th august

stating my 3rd proposal had been declined

and due to previous arrangemnts not been kept

and arrears building up they are seeking evection

 

sorry for the long thread but don't know what to do

regards mark

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If you want to keep your home, you are going about it the wrong way.

 

Stop making offers to pay and then not paying - the court dislike this intensely. At the VERY least you should be making the current monthly instalment (CMI), so that the arrears do not increase.

 

Are you saying the arrears are £20,018.46, or is that the full outstanding amount of the mortgage/loan? If the latter, how much are the actual arrears?

 

Oh...and don't panic. If you can afford an amount to clear the arrears (whatever they are) in the remaining term of the loan, it would be a rare thing for a judge to grant an outright possession order. That said, you state that Eversheds are going for a warrant, which indicates there is already a possession order on the property. If that is the case, when was it granted, and on what terms did the judge suspend it. That is, how much were you supposed to pay towards the arrears?

 

Please confine yourself to answering the specific questions as briefly as possible - we'll get there a lot quicker if there's no waffling.

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the mortgage outstanding balance is £122k with arrears of £20,186 with 22 years 7 months remaining

 

the suspended posession order was issued in oct 2007 for my monthly payment plus £50.00

 

i think i need to dig it out as it was nearly 6 years ago i will post later the exact amount

 

i am on interest only at the moment at £636,00 a month

have tried to offer £700.00 A MONTH WHICH HAS BEEN DECLINED

i have uped my offer to £840 a month Which has been declined even tho now im in a much better financial position

clearly my incomings and outgoings show this

 

i have missed a few payments here and there over the past 6 years since the order was suspended due

to having massive financial difficulties (council tax arrears credit card debts,loans ect )

 

however over the past 6 years i have cleared 90 % of theses debts

had the balliffs breathing dowm my neck for the past 5 (council tax arrears)

 

are you able to try and suspend the suspended possession order again ?

 

shall i pay the monthly payment end of this month (in my own intrest to do so ?

 

kind regards mark

 

What is the best thong to do ?

 

I will pay£840 at end of this month an await the evection notice

 

or should i send some forms to court to plead to keep our. Family home

please help regards mark

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Hi, it will help your case if you pay the £840 you are offering. It would take just over 8 years to pay off the arrears at the rate you have offered .Are you sure you would be able to sustain that level of payment going forward?

Did you make your offer to them in writing? have they declined your offer in writing ?

 

Make the payment and then if you receive the eviction notice we can help you with the application form for the court to get the eviction stopped.

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GOOD MORNING THANKS FOR THE REPLY

FIRSTLY SORRY FOR WAFFLING

 

the mortgage outstanding balance is £122,000 with arrears of ~£20,0186 with 22 years 7 months remaining

 

Surely you mean £20186? If yes, the Norgan compliant figure is £74.49 per month - so there's your answer to why your initial offer was rejected. You cannot offer less than £74.49 a month.

 

the suspended posession order was issued in oct 2007 for my monthly payment plus £50.00 i think i need to dig it out as it was nearly 6 years ago i will post later the exact amount

 

What was the original loan term?

 

i am on intrest only at the moment at £636,00 a month and have tried to offer £700.00 A MONTH WHICH HAS BEEN DECLINED and i have uped my offer to £840 a month Which has been declined even tho now im in a much better financial position ad clearly my incomings and outgoings sho w this

 

As per above, the reason for the refusal to accept your offer is that it doesn't meet the minumum amount you'd need to pay to clear the loan by the end of the term. Plus, because there has been an SPO for the last six years, it is calling into question the affordability of the mortgage.

 

i have missed a few payments here and there over the past 6 years since the order was suspended due to having massive financial difficulties (council tax arrears credit card debts,loans ect ) however over the past 6 years i have cleared 90 % of theses debts had the balliffs breathing dowm my neck for the past 5 (council tax arrears)

 

Okay, time for a reality check - you've missed more than 'a few payments here and there', your arrears indicate that you are almost 32 months behind - that's almost three years of non-payment of your monthly amount.

 

(I suggest you check to see whether additional charges have been added to the arrears figure as the court will not accept anything but missed payments being included in 'arrears' - someone else will direct you on how to do this, it's not an area of interest of mine.)

 

are you able to try and suspend the suspended possession order again ? shall i pay the monthly payment end of this month (in my own intrest to do so ?

kind regards mark

 

It is always in your interests to make the payments you offer - the court likes that. What they don't like is when someone says they've made offers and no one has agreed them, so they don't bother to pay at all. Again, affordability appears to be a very clear issue with the conduct of your mortgage account since the outset, so maybe you bit off more than you could chew? It might be worthwhile considering whether all the stress involved in trying to hold onto the property is worth it...is there equity in the property?

 

I WAFFLE WHEN I PANIC i live with my wife and 2 children 14,12 years old

 

Panicking won't save you, so it's pointless - though entirely understandable.

 

I am extremely concerned that you simply cannot afford this mortgage - you were unable to keep to the court order of CMI plus £50, and your arrears are almost three years worth of missed payments - I know you have said that your finances have changed, but have they really? Be honest with yourself - as making an offer of £840 per month and then failing to keep to it is really going to fail to impress a judge if you have to return to court for another stay in the future.

 

My thought is that a judge will look at the offer, look at the history and ask himself 'why is this person going to stick to an offer four times greater than the original order?' and come up wanting unless there has been a substantial financial change...

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thanks for the reply

yes I meant 20186

 

the term was 30 years I had arrears of over 11000 with other debts

I had an arrangement every 3 months and then it took another month to arrange another arrangemt so I was charged £50 arrears fee this has happened over the last 3 or 4 years

my wife was out of work 2007-2012

also 2012 I was on a reduced payment scheme with customer liaison officer £300 a month for a year

got a pay rise april 2013 £2500 a year

cleared attachment of earnings (c tax ) £113 a month

cleared ballif account £200 a month

 

so yes a lot better off

I feel £840 is a bit much and asked for this to try and save my house since they turned down the £700 a month

I feel £750/£800 is more realistic

should I pay £750 and write a letter to offer the above to mortgage company ?

and then await the evection date ?

yes the cmi + £50 was arranged by the judge however after 6 months Kensington told me I had to up my payments ?

the arrears also include intrest,arrears charges,2 years building insurance even tho I had sent in recorded delivery my own buildings insurance)

I feel im at a lost cause and may need to consider renting ?

regards mark

as you state above I feel the judge will favour Kensington :(

 

pay rise extra £2500 oops :)

 

thanks ell-enn yes sent in writing and recived back the decline in writing

£840 is a bit much £800 is more realistic

regards mark

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You say Kensington told you that you had to increase your payments after a judge ordered you to pay £50 per month? They can't do that without going back to court - do you have the demand for higher payments in writing from them ?

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Unfortunaly not in writing .

 

i would have an arangement for 3 months which I paid and then when it ended

they would advise me a new aragement would only be considerd if the amount I offerd was larger

than the previous offer

 

also thinking about it are they able to still charge me 50 a month arrears for no arangement

even tho th court had set and an arrangement and

 

when I was paying the amount the court agreed they still charged mw 50 amonth arrears fee

 

im pooing my pants now and don't know what to do I haven't made a payment since end of may

 

since my last arragement ended im paying £750 on 28th august what shall I do next kind regards mark :'(

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If you can prove you are financially better off, the judge will not favour Kensington. It is only if affordability is an issue that the judge will have to seriously consider awarding possession to them.

 

Do an I&E and work out what you can comfortably afford, whilst leaving yourself with a little on the side for emergencies. Present your I&E in court to back up what you say. You must be able to maintain the offer you make, so make it realistic.

 

As Ell said, they can't increase your monthly payments in a court order - however, if you breached the court order, they can decide either to execute the warrant or tell you that you need to make another payment plan.

 

Good luck.

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I can afford £750 a month after doing ie form .as I have 1 suspended posseion order what do I do next ? I'm paying Kensington £750 on 28th august I've phoned them with my intensions and be told solicitors are applying for warrant im getting scared now they won't accept the above offer of £750 a month

Please help regards mark

 

Hello what shall I di next wait fir the evection letter ? Please help regards mark

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Hi there, can you make a payment now? if so you should make the payment and then write to them confirming your offer and stating you have already made payment in line with your offer. I can draft a letter for you if you wish?

 

You say you completed an I & E - was it the one we normally use on this forum ? if not complete this budget sheet and let me know when you have done it http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31141&d=1320168516 the sheet calculates automatically as you fill it in.

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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.

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I have missed june and july payments ? would this cause issue ?

I will pay them £750.00 on 28th august followed by £750.00 a month

if you could draft a letter that would be amazing as Im rubbish at things like that

I paid £640 march, £650.00 april and £800 in may and then nothing after that as I have been trying to get an arrangement set up

I will fill in the budget sheet you have supplied

your a star ell :) x

 

the letter from the solicitor states :we refer to the above order made by xxxxx court and write to advise that the order has now become enforceable

we will apply to the court for issue of a warrant of possession the only way action will be cancelled is on clearance of the arrears in full within seven days

if we don't here from you we will apply for an evection data this action may be taken without further notice.

 

thanks mark

ps I have filled budget sheet in (hope I have done it right ?)

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Hi, if you'd like me to look at your budget sheet you can email it to me at Ell-enn@consumeractiongroup.co.uk (there is no space between the c and o, the site just shows it like that). I will draft a letter and post it here, you need to send on Tuesday morning by recorded delivery. If you can make payment before tuesday, print off proof of the payment so we can attach it to the letter.

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

 

 

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Hi, would just like to add please try not to panic. If you do a search for my threads you will see that Ell-en and all on here have saved me from Kensington a few times. Pay this Months on the 30th as Kensington always work on the end of the month anyway. Take a deep breath you are in safe hands. From now on though do EVERYTHING in writing Kensingon are sharks. Good luck

 

Olive xxx

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Thanks olive for the support just need help with my offer letter and await an evection date trying my best not to worry ! As they are evil also as there was a suspended order issued in 2007 do U think I have a chance of staying in our home can U suspend it again ?? Just wish I knew what the future held :'(

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Hi Marek, letter affixed - enclose a copy of your budget sheet- send by recorded or special delivery and keep the receipt safe to you can check on the royalmail website a few days after posting to print off the signature confirmation - keep the confirmation safe with your copy letter in case we need them to go with an N244 to defend eviction.

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

 

 

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Thanks so much sorry been really down this past couple of days I have printed and posted the letter had to change arrears offer to 130. 00 as mortgage payment is 636.01 and I am offering 766.00 a month :-P awaiting response and evection letter im paying them Friday £766.01 lets see what happens :'(

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after sending the budget form and a cover letter with a new payment proposal that ell provided along with paying the £766.01

 

3 days later I get a phone call tonight 6.15

stating the 3rd offer has been turned down due to my history in the past a

nd Kensington are going to apply for an evection date PLEASE HELP !!

 

cant handle any more of the stress !

 

I was then told that Kensington would call me on the 20th sept to see if I could put forward a better offer ?

 

this is the third one they have turned down and yeas I agree my past history has be terrible due to being in so much debt

but now im in a better financial position and have cleared 85% of all other previous debts what the hell can I do ?

 

should I just go bankrupt ?

 

or seek a council house or even housing accosiation ?

 

as im running out of time. please replay regards mark

 

Not going to sleep tonight :(

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Hi, I've been away for a few days and only just got back. Can I catch up with you in the morning ? we can then start to prepare a N244 form to put into court to have the eviction stopped.

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

 

 

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If you get a hearing in front of a judge it is his decision what happens, Kensington have no say in it - they can tell you what they like over the phone but it means nothing in court. If you have sent them a written offer, made a payment in line with your offer and can show the judge that your financial circumstances have improved then you have every chance of getting the eviction stopped.

 

You should read the Repossession Successes forum - there are lots of people who have stopped eviction several times and I've no reason to think you won't be sucessful too :)

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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I understand this must be a very stressful time for both you and your wife, but it is very important that you are calm and try to reassure your wife that things can work out for you. You need to be strong for each other at this time, there is nothing to be gained by arguing or blaming each other - thousands of people are in, or have been in, the same situation as yourselves through circumstances beyond their control.

 

Please try to stay positive, I am sure you will be ok :)

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.

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