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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Defaulted on suspended repossession order


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Hi hope someone can give me advice. I had a repossession order suspended approx 18 months ago, mortgage us with Santander and their lawyers are Hamlins who I now make payments to. Arrears were around 3, 000 and I pay 416 mortgage payment plus 84 to pay off arrears. I recently lost my job and shouldve started my new one with very little gap in between wages going in from old job and first pay from new job, however there has been a major delay due to crb and references not coming through and I missed a payment to hamlins.

They have now applied for eviction (not received letter from bailiffs yet) I called hamlins and explained that I was not working at the moment and am receiving JSA for a short term while I was in between jobs but they said that was irrelevant and I have to pay 496.00 by 16/1/14 for them to cancel the eviction.

I called civil legal advice and was advised to put in an N244 (is this correct? ) and while CLA couldn't be with me in court, they will send a letter for the judge explaining my circumstances and ask for a period of 8 weeks to allow new job to start and money to start coming in. I am terrified to go to court by myself, I did so for the original repossession hearing and it was awful.

Ive been googling for all sorts of advice and came across a company called house eviction.co.uk and called them, they advised that they would represent me at the hearing but charge 199 pounds which isn't payable unless they win. Shall I go with this? Are they above board? Is it worth the money?

I am worried as I am still waiting on a start date for new job, I can't prove to a judge that I can maintain future payments as I've currently got no income, I have a job offer in writing but that is all

Please help, dont know what to do next.

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Please don't pay anyone £199 pounds !!! These companies make a lot of money from people who are frightened and desperate - if you had £199 you would pay it to the arrears wouldn't you ? It only costs £45 to submit the form to the court yourself. We can help you with the N244, read our guide - click here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession you will see examples of how to fill in the N244 and set out a statement to go with Q10 of the form.

 

If you can show the judge the reason for the missed payment, together with the letter from CLA I am sure you won't lose your home. Please ask for any help and we will be happy to assist.

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Thanks for the replies, I think I may be able to get the money together for this payment but hamlins are going to want an I+E doing to prove I can pay the next time and so far no start date for new job. Can they cause me a problem because I'm on JSA for a short while?

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We have got the money available to make this payment of £496 but I am waiting on CLA to call me back to advise whether its worth paying it now and stopping this current eviction because I still haven't got a start date for new job let alone a date to start getting paid, so next due payment won't be made (due 28th Jan) so does it make more sense to submit N244 now and hope the judge allows us more time to start job etc or make this payment and then sort out next month when it comes? If not found in our favour I wouldn't have £1400 to pay off total arrears.

Also when we've just sat and worked out how much we've paid to Hamlins, I've paid approx £3000 with £1400 still outstanding when arrears were originally £2600, obviously I can go back through bank statements online and prove this, I've asked Santander for statements and they said they will send copies but Hamlins have so far not send me statements of payments I've made despite me asking several times over the last 12 months.

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