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    • 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.  

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

      Frankly I don't think that is any accident.

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      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.
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      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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default on suspended repossession want us out on friday please help


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hi everyone im new to this site so apologies now if i make a mistake i will try and keep it short. basically we took our mortgage out 15 years ago all has been fine until last oct just before then my husbands work of 21 years suddenly closed he found a new job but half the salary and we had to buy an old banger for him to commute ( used to have company car ) i also stopped work due to severe artheritis we fell behind with payments and also are in trouble with payday loans. i have written to accord many times with offer of payment but they never reply we had a letter asking for(yet!) another income an expenditure an offer of payment before june15 an they would only go for sus repo i did this sent recorded delivery but we couldnt attend court and they were granted repossession had a letter today we are being evicted tues please help? sorry for rambling !!have five years left to run if that helps

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I will try and find someone to help. It might be a bit later on in the day where someone will look in on you as most of the advisors in this section have day jobs. But someone will look in and advise.

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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 will try and find someone to help. It might be a bit later on in the day where someone will look in on you as most of the advisors in this section have day jobs. But someone will look in and advise.

 

 

thank you so much worried sick !!

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Someone will look in on you shortly.. but in the meantime, can you provide me with the following information.

 

How much are the arrears

 

How much will you be able to pay toward the arrears, in addition to the normal payment.

 

Do you have copies of hte letters you have sent to the Lender.

 

Will you be able to get to the court today with an application which Ellen will help you produce ?

 

You WILL have to attend the eviction hearing, apparently there will be no getting out of that

 

If you can answer the questions above.. that would be very useful and save time.

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Uploading documents to CAG ** Instructions **

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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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thank you for replying i will try to answer all

the arrears are rougly £7,000 normal payment is£724.00 have offered extra £300 on top towards arrears i have copy of letter an their income and expenditure form i cant attend court today but i can be there first thing monday just petrified cos eviction is set for tues am i too late

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Thanks for that information.

 

You say you have 5 years left on the mortgage, yes ?

 

In answer to your last question, I am afraid, I am unable to answer that one.. I am simply the gopher :(

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Uploading documents to CAG ** Instructions **

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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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Thanks for that information.

 

You say you have 5 years left on the mortgage, yes ?

 

In answer to your last question, I am afraid, I am unable to answer that one.. I am simply the gopher :(

sorry i understand ! any advice is welcome just writing it down feels like im not alone

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sorry i understand ! any advice is welcome just writing it down feels like im not alone

 

sorry yes five years left house is worth around 100,000 they want full repossession and £50,000 !

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No need to apologise..

 

Ellen will be with you as soon as she can.. if you can keep an eye on your thread for any response..

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

Uploading documents to CAG ** Instructions **

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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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No need to apologise..

 

Ellen will be with you as soon as she can.. if you can keep an eye on your thread for any response..

 

thank you so much it means alot i will keep checking my thread

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:thumb:

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Uploading documents to CAG ** Instructions **

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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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Firstly, I am no expert but I have been in your position except my arrears were twice yours! If you can pay £300 pm extra then the arrears will go in about two years, and since you have five years left on the term I would hope you'd be able to get a judge to agree to that, based on it being Norgan compliant, ie the arrears can be paid off over the remaining term. Does your income / expenditure form show clearly that £300 is affordable? Get your spirits up, as you'll have seen, there are some real experts on here!

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Hi there, are you absolutely sure you can afford £300 on top of the normal monthly payment? with 5 years left on the mortgage and £7,000 arrears you could get away with £200.

 

Can you please fill in the affixed budget sheet and let me know when you have done it.(It calculates automatically as you fill it in). You will need to affix this to the N244 application for a hearing. You will also need copies of any letters you sent to the lender offering a payment plan to clear the arrears.

 

Do you have access to a printer ?

 

You are cutting it extremely fine if you can't get to the court today, you would have to be there first thing on Monday morning and hope they can get you in front of a judge later that day or on Tuesday morning before the eviction time - how long have you had the eviction notice?

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Firstly, I am no expert but I have been in your position except my arrears were twice yours! If you can pay £300 pm extra then the arrears will go in about two years, and since you have five years left on the term I would hope you'd be able to get a judge to agree to that, based on it being Norgan compliant, ie the arrears can be paid off over the remaining term. Does your income / expenditure form show clearly that £300 is affordable? Get your spirits up, as you'll have seen, there are some real experts on here!

 

so sorry just saw your reply thak you so much for taking the time yes it does show we can pay i have cancelled things like my mobile sky tv etc to free up cash will do whatever it takes ! once again thanks for being so kind

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kaz, have you seen Ellen's post # 13 ?

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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Hi there, are you absolutely sure you can afford £300 on top of the normal monthly payment? with 5 years left on the mortgage and £7,000 arrears you could get away with £200.

 

Can you please fill in the affixed budget sheet and let me know when you have done it.(It calculates automatically as you fill it in). You will need to affix this to the N244 application for a hearing. You will also need copies of any letters you sent to the lender offering a payment plan to clear the arrears.

 

Do you have access to a printer ?

 

You are cutting it extremely fine if you can't get to the court today, you would have to be there first thing on Monday morning and hope they can get you in front of a judge later that day or on Tuesday morning before the eviction time - how long have you had the eviction notice?

 

hi Ell-enn, thank you for your quick respnse i am sat in hospital at the minute with my daughter in law for an appt but will do budget sheet as soon as i return home yes i have access to a printer i will do my utmost to get to court today but it is a train ride away so cutting it fine but wil def try i only got the eviction notice two days ago but it was dated two weeks ago and judging by state of envelopes had gone to wrong house hapoens alot round here! we can just manage 300 but obviously less would be better in case of car repairs or other emergency we are also tryin to reclaim some ppi so if it comes through would be happy to pay all arrears off with it really scared thanks for replying

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You might want to check the opening hours of the court before making the journey if you are able to go today. Some of them close early on Friday

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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OK, it's doubtful you will get to the court today as most close at 3pm, but you will definitely have to be there first thing on Monday morning - ring the court before 3pm today and ask if they have a judge sitting on Monday or Tuesday morning who will hear an application to stop eviction - it's very important you do this in case there isn't a judge sitting on either of those days (this can happen at smaller courts) and you may need to go to another court.

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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You might want to check the opening hours of the court before making the journey if you are able to go today. Some of them close early on Friday

 

thanks good point so stressed cant think straight ! wil check if not i will be outside waiting for them to open on monday!

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OK, it's doubtful you will get to the court today as most close at 3pm, but you will definitely have to be there first thing on Monday morning - ring the court before 3pm today and ask if they have a judge sitting on Monday or Tuesday morning who will hear an application to stop eviction - it's very important you do this in case there isn't a judge sitting on either of those days (this can happen at smaller courts) and you may need to go to another court.

thank you for the advice i will ring i never thought of that i will be in touch later when i get home and do budget sheet if thats ok i know how busy you all must be but i could cry i didnt think anyone would help cant thank uou all enough i know its still scary but feel i may get through it- i hope!!

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thank you for the advice i will ring i never thought of that i will be in touch later when i get home and do budget sheet if thats ok i know how busy you all must be but i could cry i didnt think anyone would help cant thank uou all enough i know its still scary but feel i may get through it- i hope!!

 

:thumb:

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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No problem, happy to help, just wish we had more time :( However, we can get all the paperwork done over the weekend so it's all ready to take to the court first thing on Monday. I'll be on line later this evening to catch up.

 

If this is the first time you've had repossession proceedings, have a good reason for not attending the possession hearing and can put forward a reasonable payment proposal I'm sure you will be OK.

 

Just out of interest, why didn't you attend the possession hearing ? Did you send in a defence or contact the court to explain why you wouldn't be there?

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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No problem, happy to help, just wish we had more time :( However, we can get all the paperwork done over the weekend so it's all ready to take to the court first thing on Monday. I'll be on line later this evening to catch up.

 

If this is the first time you've had repossession proceedings, have a good reason for not attending the possession hearing and can put forward a reasonable payment proposal I'm sure you will be OK.

 

Just out of interest, why didn't you attend the possession hearing ? Did you send in a defence or contact the court to explain why you wouldn't be there?

 

so sorry for not coming back sooner it never rains but it pours!, husbands aunt was rushed into hospital with brain bleed and as family dont know our problems lets just say its been difficult!! just to say i am going to complete budget sheet and root out any relevent info and will be back online tomo if Ell-enn would be so kind as to help in answer to your last questions i had letters from accords solicitors saying they were goin for possession and court date was for june 17th however gemma nash from accords legal team sent a letter and a income and expenditure sheet and said if we got back to her before 15th june they would be happy to go for suspended possession we wrote a detailed letter and completed sheet and sent recorded delivery and said we were unable to attend and rather stupidly thought we had it sorted we didnt contact court , as i said we offered normal payment plus 300 a month off arrears this is our first ever problem with our mortgage never had repossession hearing before or any trouble anyway sorry for droning on !! any help u can all offer tomorrow would be gladly received absolutly terrified thank you all

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Sorry to butt in but if as you say the possession hearing was on 17th June, did you get a letter from the Court telling you exactly what had been agreed when the judge granted the repossession but suspended it? Since Accord are pushing for repossession now have you missed the first agreed payment?

 

 

I know from experience that if you do not adhere exactly to the Court Order they will simply instruct their solicitors to apply for an eviction warrant. Check precisely when the payments are due because if the first payment, plus the arrears payment were due for, say 28th June and you did not make that payment they will immediately apply for an Eviction Warrant.

 

 

You have to take the Court Order very very seriously and stick to it to the letter or this will keep on happening. I am only saying this because I have been on the receiving end too!

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