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      Help with debts I can no longer afford

      By dj59 · Posted

      I have today received the following email from Moorcroft regarding my Fluid account. What is the best way to respond to this? We act on behalf of FLUID and would like to speak to you on a personal business matter. Please contact us on 0161 475 2903 or via our website www.mdrl.co.uk as soon as possible. Calls to the above telephone number will be charged at standard rate. If you would prefer that we call you back please email us at [email protected] with your contact number ensuring that your reference number is quoted.  
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      By LouLouDev79 · Posted

      Thank you so much Andy, I am making the amendments to my witness statement now.   Would you be happy to take a final look over the document when I have finished?  In terms of the bundle I need to send, the claimants sent the following documents - should I include the same documents with my bundle or is there no need to?    Description 1 Claim form 2 Order of the Court dated 15/06/2023 3 Note of Hearing dated 12/07/2023 4 Order setting aside Judgement dated 21/07/2023 5 Order of the Court date 01/09/2023 6 Draft Defence resubmitted on 11/09/2023 7 Notice of Change dated 22/09/2023 8 Directions Order dated 13/02/2024 9 Witness Statement 10 Appendices
    • dx100uk
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      By dx100uk · Posted

      please keep all contacts you might make with others in the open, don't engage in personal private messaging out of sight. you never know who people really are. although it is correct there is weight in numbers, legally in the UK there is no such thing as a class action. 

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Eviction set for 21 November / Eviction Stopped

Lolly68

By Lolly68
in Home Repossessions - successes

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Ell-enn

Ell-enn

Posted
Posted

Dryden Fairfax should know better! you are not applying for a suspended possession order, you are applying for the eviction to be stopped - you will then return to the position you were in before i.e. a suspended possession order dependent on you making your monthly payments on time. You should ask the judge to add to the order he makes that once the arrears are cleared the suspended order is removed.

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Ell-enn

Ell-enn

Posted
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Hi, what exactly did you write in Q.10 of the N244 form? (I'm assuming you took a copy for yourself before handing it in? ) did you affix a budget sheet?

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Ell-enn

Ell-enn

Posted
Posted

OK, you can also take a statement along to the hearing and hand to the judge asking him to consider the Norgan case law (this gives the judge the power to allow the arrears to be spread over a longer period of time than the lender would like). If you'd like me to draft something for you to take to the hearing please let me know.

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Ell-enn

Ell-enn

Posted
Posted
Oh yes please that would be great.

 

I also found out that the arrears are what they said and that they have put the default sums onto the mortgage balance and not the arrears balance.

 

OK I will draft a statement for you and affix (probably tomorrow)

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Ell-enn

Ell-enn

Posted
Posted

Do you know if your local court has duty legal advisers in attendance on the days when eviction hearings are held? Ring and ask if you don't know.

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Ell-enn

Ell-enn

Posted
Posted

Hi, you should phone the court on Monday morning and ask if they have any duty legal advisers.

 

I'm sure you will be OK, once the judge knows what your circumstance were earlier in the year I can't see him giving possession to the lender. People with much higher arrears than yours have kept their homes. Judges don't want to take people's houses away when there is a good chance they can make payments going forward.

 

Stay positive :)

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Ell-enn

Ell-enn

Posted
Posted

Hi Lolly, I'm just finalising a statement for you to take to court and will affix in a few moments. Just a couple of questions:

 

1. Is the mortgage only in your name ?

2. What was the reason for the SPO in January ?

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Ell-enn

Ell-enn

Posted
Posted

OK, affixed is the statement for you to take to court. When you print it out make sure your printer is set for A4 paper (not letter size). You will need 3 copies. Enter the details at the top where there are XXX's (remove the XXX's), the info you need will be on the eviction warrant.

 

When you get to the court ask the usher if they can put the statement in your file for the judge to read - if they say the file has already gone through you will need to wait till you are in the hearing to hand it over - wait till the judge has finished addressing you and then just say "Sir/Madam, may I give you an additional statement" and then just hand it over - hand one to the lender's rep at the same time.

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Ell-enn

Ell-enn

Posted
Posted

You'll be ok :)

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Ell-enn

Ell-enn

Posted
Posted

In the very unlikely event that things don't go your way - you should ask the judge for time to find alternative accommodation (but you won't need to ask :) )

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Ell-enn

Ell-enn

Posted
Posted

Hi Polly, if you have an eviction date there must have been a possession hearing at some point earlier - did you not attend the hearing ?

 

I assume you have submitted an N244 application to get the hearing this afternoon - did you get any help with a statement ?

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Ell-enn

Ell-enn

Posted
Posted

Did you include the Norgan case law in your statement? How much are your arrears?

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Ell-enn

Ell-enn

Posted
Posted

Hi Lolly - well done :) great result.

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Ell-enn

Ell-enn

Posted
Posted
Phew thank the lord thats over with. Just got bck home and i won, but it wasnt without a fight. The person who was representing rooftop was a complete k*@b but its over with now.x

 

Excellent news - well done:) Can you give a few more details about the hearing please - it will help others in the same position

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