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


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      By FTMDave · Posted

      Yes.
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      Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
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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.
      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.

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      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 Date Received - 24th Feb

Sharkyb

By Sharkyb
in Home Repossessions

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Sharkyb

Sharkyb

Posted
Posted

So it's happened. After agreeing to over pay my mortgage to make up some of the arrears I fell behind again with the payments due to a number of family based issues. I've also started seeking help for a gambling addiction which has come and gone several times over the last few years. I tried to handle it on my own and failed.So basically I'm after advice as to what to do next. I know about the form I can fill in to go to court to try and avoid the eviction or at least postpone it or am i wasting my time? Sorry feeling a bit low, but I'm hoping I've left myself time to tackle this one way or another.I CAN afford to keep paying my Mortgage but do I tell them about my addiction problems or will that not help at all/will they use it against me if i go back to court?I was actually looking to sell my flat and rent within the next 6 months - would they be open postponing the eviction on the undstanding that I do that do you think?Or am I just going to have to ring and ask?Thank you in advance for any advice.

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Sharkyb

Sharkyb

Posted
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Posted

Update:

 

Rang back today. Got a far less .... Understanding... Rep on the phone. Basically wanted proposals from me rather than my income/expenditure. Had to really push him to take everything does and pointed out it was THEM who wanted it. Wanted to go over EVERYTHING again that I'd discussed yesterday even though she supposedly took notes.

 

He now wants to talk things through in more detail and suggested I think of some proposals for them. Any ideas if any of these would be ok?

 

1. Agreement of the original arrangement from sept of £500 over paying of mortgage for 6 months then reviewed

2. The above for 6 months whilst I sell the flat

3. The arrears - 12k - is spread over the remaining term of the mortgage - 18 years.

4.???

 

Any advice/thoughts appreciated

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Pleasehelpme26

Pleasehelpme26

Posted
Posted

Hiya,

I'm no expert, I've only had a bit of experience with the repossession/eviction process.

I think perhaps you need to decide what you would like to do. Either stay and make a payment offer in addition to your cmi to clear the arrears. Or sell it. If you are going to sell the property, I would get it valued and on on the market very soon. Are you paying £500 just to clear arrears or does that include your instalment?

Which mortgage company is it?

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Sharkyb

Sharkyb

Posted
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Posted

It was the amount from the arrangement made in sept. They're not that keen as I didn't manage to stick to it.

 

1. I was hit with a council tax bill I thought had been paid which had to be repaid over two months

2. My gran was taken to hospital after a fall and my grandad who's registered blind couldn't look after himself. I gave them money over a few months to help.

 

I've told HSBC this. They remain sceptical shall we say.

 

My next tough choice is how much to pay them before I have an agreement in writing. For example if I make a decent payment this month - say the full 1000 and they still evict me I have nothing to help me move - does that make sense?

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  • 2 weeks later...
Sharkyb

Sharkyb

Posted
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Posted

Hi

 

Sorry it's been a while since I replied.

 

I've been trying to negotiate with HSBC but with no luck.

 

We are up to:

I have requested they spread the 12k arrears over the remainder of the term.

I have offered repayments of 300 over the monthly amount

I have stated that I will sell the property over the next few months

 

They have rejected this and still want full arrears. They say due to the irregular payments they're not convinced I'd keep to an arrangement.

 

So it looks like court next :(

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Pleasehelpme26

Pleasehelpme26

Posted
Posted

Hiya,

Well you need to get your form N244 into the court ASAP. I'm hoping one of the experts will see this and help you with that. It's up to the judge but you need to make sure you can prove you can pay the cmi plus the £300. Did you do this on your last payment? Might be worth getting the house valued as well.

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caro

caro

Posted
Posted

If you can show a court that you can pay over the normal mortgage payment it is almost certain you'll keep your home.

 

You must be realistic about what you can afford because you have to be able to pay in full and in time to prevent this happening again. Am I right in assuming you want to stay where you are or do you plan to sell anyway?

 

Have you completed a budget sheet?

 

I wouldn't bother to keep phoning.

 

On another matter, are your grandparents getting all the benefits they're entitled to? Age UK may be able to advise on this.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Pleasehelpme26

Pleasehelpme26

Posted
Posted
Pleasehelpme26 if you require urgent advice you can alert the site team to the post by clicking on the triangle bottom left.

Sorry if you are aware of this. No offence intended

 

Hello,

No I wasn't aware, thanks so much. I can only offer limited help.

Is the triangle on the full site and I can't see it on my phone.

Thanks :)

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honeybee13

honeybee13

Posted
Posted
Hello,

No I wasn't aware, thanks so much. I can only offer limited help.

Is the triangle on the full site and I can't see it on my phone.

Thanks :)

 

Hello there. You can't always see all the controls on a phone at the moment, sorry. It's in the grey strip at the bottom of every post normally.

 

HB

Illegitimi non carborundum

 

 

 

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Ell-enn

Ell-enn

Posted
Posted

Hi there, do you need help with submitting your N244 application to the court for a hearing to stop the eviction?

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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Sharkyb

Sharkyb

Posted
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Posted
Hi there, do you need help with submitting your N244 application to the court for a hearing to stop the eviction?

 

Hi Ell-enn

 

I've found some of the advice and examples so I'm going to have a go and see how I get on. Not sure what my chances are in court as HSBC weren't particularly keen to help saying I'd left it too late and they'd want the full arrears. I've told them several times that I can't do that.

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Sharkyb

Sharkyb

Posted
  • Author
Posted
If you can show a court that you can pay over the normal mortgage payment it is almost certain you'll keep your home.

 

You must be realistic about what you can afford because you have to be able to pay in full and in time to prevent this happening again. Am I right in assuming you want to stay where you are or do you plan to sell anyway?

 

Have you completed a budget sheet?

 

I wouldn't bother to keep phoning.

 

On another matter, are your grandparents getting all the benefits they're entitled to? Age UK may be able to advise on this.

 

I'd like to stay for the time being but I will be looking to sell in the next 6-12 months I'd say.

 

I've done a budget over the phone with HSBC - I'm assuming I'll have to do another for court

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Ell-enn

Ell-enn

Posted
Posted

Hi, have you read this guide http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are examples of how to fill in the N244 - you can download the budget sheet and N244 form from the second post in the guide thread.

 

If you are unsure of anything please ask - happy to help

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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caro

caro

Posted
Posted

Don't worry too much about what HSBC want. It's for the judge to decide not them. ;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sharkyb

Sharkyb

Posted
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Posted
Don't worry too much about what HSBC want. It's for the judge to decide not them. ;)

 

Maybe but they make you think like they're right and I'm gonna get laughed out of court. Pay the 12k or move out

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f16

f16

Posted
Posted
Maybe but they make you think like they're right and I'm gonna get laughed out of court. Pay the 12k or move out

 

Sharkyb I agree with #24. There is every "weapon" at your disposal ( no insult intended refering to other CAGGERS or Site team as "weapons) in helping you to complete the N244. We're all here to help.

With the right defence you won't get" laughed out of Court or pay the 12K in one hit.

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