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    • Excellent news! Thread title updated. Please do consider a donation in light of the help received here. The help we give is free, but try telling that to our server hosts!
    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
    • I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture. I suspect if anything a replacement will be offered although I would prefer a refund. Few photos of the wear in the material, this is how it was delivered.  
    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      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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  • 2 weeks later...
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I'm afraid that's what they do :(

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  • 4 weeks later...

No contact by my mortgage lender until my husband sent them an email 3 weeks after we were evicted.

 

My husband asked them when it would be put up for sale but they said when they want to.

 

Can they be like this?

 

No letters from them now about arrears or statement of accounts.

 

On the email they said they'd been phoning the tel no of the property!

 

Which is finished with

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Glad you now have light at the end of the tunnel.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 month later...

I've just found out my property has been sold subject to contract but does the estate agent have to place a 7 day notice now?or is this placed 7 days before the contract is signed?it has gone for £5.000 less than their valuation could of gone for at least £10.000 more.This will leave me with about £15.000 shortfall on the secured loans.They did ask for a money judgement order in court.As I have and my husband unsecured debt and have arrangements in place will we have to pay them more than the others.My family is still homeless since beg of nov the property allocated to us is not ready yet.I'm fortunate that my father has let the 6 of us stay at his house.My local council wanted £250.00,per week for us all in temp housing.Will my mortgage lender notify me of the sale and monies paid out.

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lolly, I have moved your thread to the repossession forums - you do not need to do anything, it is purely administrative. However, it will now be more noticeable to those who will be able to help you :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Once you get a letter from them telling you how much they think you owe.

... you should write back asking for details of how the property was marketed and sold

as they are supposed to keep your best interests foremost in conducting the sale.

 

I can give you a letter for that when the times comes.

 

As for the money judgement,

you can ask the court to take into account your circumstances by way of

an income and expenditure sheet and agree a payment you can afford.

 

However, we need to ascertain exactly how much they think you owe and what you actually owe first.

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

 

 

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The property had a 7 day notice of £185.000

now a new notice of £181.000

this might leave approx £7.000 debt but

 

I have unsecure debt and my husband has the majority

and we have arrangements of £1.00 per month to the debt collectors

 

.I've just signed for my housing association house this week.

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After 4 long years of battling with my mortgage lender

 

I'm rehoused with my Family.

 

It's a big end terraced house with a Housing Association but I've been so positive for everyone including my husband over the past 4 years.

 

That I'm just not getting the house I've moved into.

 

I've had this overwhelming feeling of gloom and just want to cry.

 

When I was unpacking things from my repossessed house it just felt like a death.

 

My children seem happy they all have their own rooms.

 

The past 4 years have been compounded at the start with myself having septic shock in hospital and didn't recover until 4 months later,

 

My son and his wife losing their Baby Boy halfway through the pregnancy my mother's incurable cancer

appearing in her brain she died sept 2010.

 

My husband suffering mental health issues.

 

Issues with my mortgage lender which only came to light when pushed to answer which have given them an unfair advantage.

 

Complaints about them to the FSA FOS only one upheld about arrears charges letters fees.

 

Now my repossessed house is up for sale below the market value 2 public notices of even lower offers which haven't come off.

 

The mortgage lender has now changed the mortgage payments due to include the arrears

so the money coming back off the arrears fees will be taken and not seen.

I know some people will be in the same position as me and think how can anyone feel like this.

 

I researched so much about my mortgage lenders actions in the beginning had support of local MP Local Council Housing Dept.

 

I haven't sat back on any of it even when I became homeless I was phoning the housing dept of my local council up to 3 times a week had interviews etc.

 

I'm self employed but a serious downturn in business hasn't helped to of looked for a job

with all the stress I don't think that I could of kept one as my husband has some really bad days with his Mental Health issues.

 

I know if I was offered my repossessed house back I'd walk right back into it.

 

I'm back in an area I grew up in went to school and all the other things that happened in my life.

I feel like all my positive thoughts have just gone overnight.

 

I've stayed so positive until I walked into this house but just not feeling any good vibes about it.

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Loss takes many roads and it does seem you have had much to contend with. The death of your mother is cruel. Your repossessed house is like a death as well as it was taken from you, but you are strong. What is the nature of your husbands condition. I try, in times of struggle to find time to sit quite and just clear out all thoughts that are not helpful and replace them with nice thoughts, like a sun setting, or a picture of a favourite place. I don't know you, but if you need to cry, in those quite moments, you should do so knowing that people do care. I wish you well..

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You certainly have had more than your fair share of misery over the past few years - I would say you have earned the right to have a good weep.

 

However, I would suggest you speak to your GP - they can refer you to a counsellor who will let you talk through your situation in complete confidence. Sometimes it is good to share how you feel with a complete stranger.

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am not quite sure of what your mortgage lender is doing - so will try and find someone who might be able to advise on that for you :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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My daughter is feeling the same she is 18 still at college.

 

My Husband has panic attacks anxiety but this has been his problem for over 20years.

 

As I nursed him back from a nervous breakdown.

 

The house I'm in is one someone in my position would love to have but I'm just not feeling like it's home.

 

I lived in my house for exactly 25 years a council house then I bought it 10 yrs ago.I've since heard from my son ringing up the estate agent that an offer of 182.000 has been accepted but I've only seen a public notice for 185.000 and another for 181.000 but no more notices in the local free advertiser, the area is one where I went to school but not the best now and I think that also is another factor.

 

I discussed it with my daughter and I reckon we'll only be here a year then I'll go on home swapper.

 

I was staying at my father's house the other side of this area which is better until I was rehoused.I'm walking around wondering why it's come to all this it feels like a dream.

 

My house was put through the GMRS but the house was well over the capped amount the mortgage lender just used it as a forebearance tool looks like they are helping but in the end they weren't.

 

Thanks for all the replies it does help to know that people care.

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The mortgage lender has now changed the mortgage payments due to include the arrears so the money coming back off the arrears fees will be taken and not seen. I know some people will be in the same position as me and think how can anyone feel like this.

 

 

 

Hi Lolly, I'm not sure what you mean by this - if the house is repossessed you won't be making any payments. When lenders charge arrears/legal fees they are added to the outstanding mortgage, if they are refunded they are then deducted from the outstanding mortgage and do not clear the arrears. i.e. if your mortgage is £100,000 and you have £3,000 arrears charges added the outstanding mortgage is then £103,000 - if your arrears are £2,000 then the outstanding amount is £105,000. When the lender refunds the arrears charges of £3,000 the outstanding mortgage reduces to £102,000 so the arrears of £2,000 are still owed.

 

 

If you are on an interest only mortgage then you will pay increased monthly payments if the outstanding balance is higher than the amount you originally borrowed. If you are making payments on a £100,000 mortgage at say £500 per month, then arrears charges and missed payments are added, the monthly payment could increase to, say, £525 as the interest is calculated on the outstanding balance. (these figures are for example only).

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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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Thanks what I meant was that the Mortgage lender has to take the fee charges off the outstanding balance but they then went and recalculated the mortgage monthly payment to include the arrears doubling the mortgage repayments per month.As they are selling it under the market value this makes it a win situation for them as I complained of the valuation but their argument will be that the arrears are building up more so it has to be sold at any price.I know I won't get anything except about £10,000 of unsecured debt to add to some I have.It's just having spent so much time looking into everything for 4 years thinking deep and thinking how they would think and how to they make everything to their advantage.

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  • 5 weeks later...

My house has had 3 offers which have not gone through.Now I see yesterday that it's got on Zoopla and Rightmove STC on the estate agents site it states sale agreed.Does this mean that it's definitley sold or that my mortgage lender has agreed a sale and how long does it take to go through and can someone else come in with a better offer?

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I contacted my mortgage lender regarding the My House

 

they've come back and have informed me that they are accepting an offer of £172,000 they have marketed it at 190,000.

Houses where it is come up very rarely and go for £210,000 upwards.

 

I was informed by my daughter of 2 public notices back in Feb 2014 and I know there was an offer of £185k but they pulled out but

they are telling me that this offer was from 13th March and that they are ready to exchange contracts

I haven't seen a public notice of this offer.

 

I know the mortgage will be cleared but the secure loans won't be.

 

There will probably could be about £20k of shortfall or more after fees.

They had asked for a money judgement at the court hearings.

 

As my husband and I have unsecured debt does this have priority?over them.

 

We pay the unsecured £1.00 per month each.

 

We are rehoused but as we live on a minimum amount of money a week with 2 children

my rent is £140.00 a week after Housing benefit nothing off my council tax

plus energy bills food etc

 

can they take us back to court?

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