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    • I've complied this draft letter. What are your thoughts?. Can they during this time put anything in place to get any court proceedings so i would have to travel to Wales?. Check out the Compton Group LTD who are their litigation team. Thanks and good morning. 20th letter dtw pdf.pdf
    • I'm trying to work this out as I go along. The first thing to do is to think about this not as a car – but simply as a £value. This is especially so as you have said that it is not a rare BMW. This means that you could purchase another one and it would mean just the same to you. You bought the car for £16,000 – and presumably that was the value you gave to the insurance when you bought the policy – is that correct? If that is the value you gave to the insurer then on my understanding of these things, that is the maximum you would be entitled to claim. This is the amount you got so although you lost the car (£16,000), it was fully replaced by the payment of £16,000 – minus, of course, the excess – but that was part of the deal anyway. I've looked at the RAC website for the meaning of the various categories - https://www.rac.co.uk/drive/advice/buying-and-selling-guides/changes-to-insurance-write-off-categories/   I see that a Cat S means that there could be structural damage. Cat B means that the car must be broken for parts. You say you would like to get the car back because you consider that it can be repaired. Personally I think I would be very worried about this because if there has been one inspection which is rated it as a breaker and the second one rates it as having possible structural damage – but repairable – it seems to me that there is a huge risk involved. Supposing you got the car back and proceeded to repair it but in fact found that there was some structural distortion so that the geometry of the car made it difficult to drive. You would then have a real lemon on your hands – and of course you would have allowed a fair amount of money and trouble into getting it going. Apart from the fact that Hastings behaviour is all rather suspicious – I'm struggling to see what loss you have taken on this. You would have had to pay the excess anyway – in any event. You have now received £16,000 payment so you are in a zero-loss situation and you could simply go out and hunt around for another car for the same money. The only thing that I could see which could complicate matters is if you come back and tell us that in fact the car was a huge bargain and that it would cost you more than £16,000 to replace it. But in that case I would have to ask why did you only insure it for £16,000? The second complicating factor might be that in the four months that you had it, he spent a lot of money on improvements and you have managed to recover that. Maybe you could let us have your comments on this and also let me know if there is anything which I've misunderstood  
    • Well today is the 20th so let us know if you have had a disclosure by the end of the day.   Of course you can bring a claim for breach of statutory duty – but in order for it to be a small claim you would have to claim an amount in financial compensation. Luckily under the data protection laws you can claim for distress without having to prove any physical damage or economic loss. I happen to know that you have some experience of bringing a successful data protection claim in the past - which was settled quite advantageously out-of-court. If you want to bring a small claim then I would suggest that you would have to alleged the distress and claim for, say, £50 – but it is a bit early to do this. You certainly would have to send them a letter of claim and give them 14 days.
    • What is the name of the car dealership please – I think you have already been asked this. Also, didn't you record the call? You've been here since 2006 and our customer services guide has been around since almost that time. It is always going to be very difficult to get hold of a recording of a conversation which Incriminates the company that you are trying to retrieve it from.
    • Hi.   While we're waiting for the experts, can I ask a couple of questions please?   Can you tell us which documents you've returned to the police? I assume you've admitted to being the driver.   Are you saying you were never asked to produce your licence and insurance at a police station? I don't know if it's still called an HORT/1 but that's what I was given when I needed to show documentation.   I've put some numbering into your first post for the various points you've raised.   HB
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stop licking their boots


please don't hit Quote...just type we know what we said earlier..

 

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If there has been a change in employment, then it may reasonable to provide details that you are still able to make the agreed repayments including the amount towards arrears.

 

if you just told them of a change of employment, without advising whether incomes have changed, then I could see why a letter has been sent to you asking for income and expenses info.


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Hi Maekez,  is your wife going to have to go 6 weeks without pay?


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She hasn't been paid since 12th of April from her last job  and was then paid on the 15th of may from her new job and will be paid the 15th of each month thereafter 

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Think you need to keep mortgage company informed of income changes, if you have simply informed of change to employment. 


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I have written to them to advise of income change and employment change ..

they haven't even acknowledged the income change .

.they just stated I have advised about how I'm paying cmi but not addressed how I'm paying the arrears ..

 

I have a court order in place to pay the cmi + 200 extra they know this .

However they still threatening me with eviction .

And demanding more income and expenditure

 

I will send that in to them and see where we go as they will probably demand more again as the income is now higher .

But they are only having the extra £200 as inline with the court order .

 

Regards

Markez

 

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I paid them cmi plus the extra £200 

Past 2 months ..and now a letter has arrived today from a different solicitors Lightfoot solicitors stating Kensington have obtained an order for possession and they have been instructed to enforce it !! 

 

I can't believe this ..

They stated on last letter that the warrant may be enforced if I didnt fill in an income and expenditure of which I did .. 

I presume this is also because the fos have stated they have found nothing wrong with kennys young the cmi every few months ..

They have stated the eviction will be in 14 days ..

I've had nothing from the courts either !! 

What should I do 

Thanks 

Markez 

 

I'm sat in a right heap . Crying my eyes out .

I can't cope with all this again 😭😭😭

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may or will

scan it up

read upload pdf only


please don't hit Quote...just type we know what we said earlier..

 

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I'm not at home at the moment ..I'm at work but I will do .when I get in .

It states are client has obtained a posession order and we are now instructed to enforce that and we enclose notice of this ..😭

 

The last letter stated 

We write in refert to your letter dated 26th April 2019 

Please contact us on the number above with your income and expenditure details to hand so we can discuss your circumstances further .

 

 

You can pay any time of the month as long as payments are made before your due date .

You have advised you are going to pay your monthly installment however you have not advised us how you are going to address the payment arrears balance .

 

You are at risk that the warrant will be enforced and eviction arranged for your property .

Please contact us on the number shown above...

 

 

I wrote to them and advised when I was paying the cmi and how I was going to pay the arrears !!

I sent the letter special delivery signed for and it clearly states what I was paying for the arrears and also clearly states when I will be paying them ..

Regards

Markez 

 

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ignore it says 'instructed'

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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can I make a polite suggestion

please do not ever communicate with anyone ever again on this without checking here 1st its ok to do so.

don't poke the lion.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi DX 

I'm a little confused ? Ignore the letter from the solicitors ? Stating they have been instructed to enforce the order ? 

 

Also what do you mean by don't communicate with anyone again ? U mean sending stuff to Kenny's ? 

 

Regards

Markez

 

They have also slapped a £60 enforcement charge onto the account . As I've just logged online ...to check my account .

Thanks 

Markez

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I can instruct my dog to sit

id it does is a totally diff matter.

 

its a std automated threat-o-gram

ignore it!!

 

do not ever communicate with anyone regarding this issue without checking here 1st ever again.

 


please don't hit Quote...just type we know what we said earlier..

 

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Ok thanks DX .

I have also received another letter dated the same date as the eviction letter .

From lightfoot solicitors stating they have taken over from eversheds . And they have sent one to the District judge .

 

The intruct for possession order letter says I have at least 14 days before the eviction goes ahead .

If they have applied £60 enforcement fee to my account .that tells me they are enforcing the eviction 😭

 

Do I now sit and wait for a court lwtter from the balliff ? 

T

Thanks for your time and also thank for replying .

Regards markez

 

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sounds like they are applying to the court for an eviction warrant so you should wait until you get the notification and we'll deal with it as before.  Why do they think you are in breach of the suspended order?


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I can only assume it's because I missed April's .payment .

I wrote to them and advised wife changing jobs 

And explained how and when I will pay the cmi + court order towards the arrears may and June .

 

They wrote back middle of may and stated I had explained how I was paying cmi but hadn't explained how is as paying arrears and I was at risk of the warrant being enforced and I needed to send a new income and expenditure in .

 

I clearly stated how I was paying cmi and arrears in my letter .

Which I sent special delivery to them signed for ..

I've paid cmi plus court order .

May .

June and

about to pay July's (28th) 

 

However I did manage to get the possession order put on hold from earlier in the year while the fos looked into my complaint .

 

They have now completed the complaint and said Kenny's are fine upping the cmi every 3 months due to the terms of my mortgage and closed the complaint . 

 

5 days later Kenny's ask solicitors to claim for possession .

I've had no other letters or phone calls since may 15th ! 

And paid on time 

 

It's a massive shock

.it's as if they are getting me back for going to fos and because they awarded in Kenny's favour .

They are still proceeding with the earlier order that was put on hold ..

Thanks

Markez

 

 

Thanks ellen

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So is April's payment still owing ?


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Yes .

we had no spare funds at the time I think I explained this on the previous pages .

Because wife changed jobs ..

 

Do u feel it will because of this ?

As I could see if I could raise April's payment ..

I doubt it but it it would help I could try my best ..

 

The arrears have gone down by £640 since april .

.the cmi has just come down by £30 a month 

 

the first letter we got today said Lightfoot are now the new solicitors for Kenny's dated 18th July

the second letter was the instruction to enforce the eviction again dated 18th July .

Then on the 19th July Kenny's slapped £60 enforcement charge onto our account .

 

We haven't had any literature from them regarding they would be doing this ..

it's just all arrived today ,😭

Regards

Markez

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If you have missed a payment under the terms of the suspended order then the are within their rights to apply to enforce possession.  Was there a gap between your wife's employment such that she didn't get paid for one whole month at all ?

 

If your last hearing was only earlier this year and  you've missed a payment then you're going to have a bit of a battle to get a judge to come down on your side I'm afraid


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Hi Ellen .

Yes there was a gap of 6 weeks I didn't go Infront of a judge this year .. it was withdrawn by Kensington .

The last hearing was last August 2018 of all things .

 

Nearly exactly a year ..

The arrears were nearly £30.000 then ..a year later they just over £21.000

 

Regards

Markez

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Ok,  well the arrears have reduced by quite a bit so that will go in your favour.


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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 will keep u updated ..thanks so much for the help and support 

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can you scan up these letters please

you are doing fine too.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi DX .

I'm working away untill Tuesday so I will scan them in then ..

The reply to my letter and the solicitors letters .. is that what I'm scanning 

Thanks again .

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the two recent letters to YOU.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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