Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Paratus - 2nd Eviction notice pending **WON TWICE **


madh21
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2432 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, did you get a date for the hearing?

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.

Link to post
Share on other sites

  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

OK, let us know how it goes - I'm sure it will be fine.

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.

Link to post
Share on other sites

Eviction suspended! But for review in 3 months when I have to provide an up to date budget statement.

 

The rep from Paratus was actually very nice. Sympathised with me and said 'Im just doing my job'. She said Paratus had told her to oppose my offer and to try and get me to pay more. The judge said my arrears were extremely high but was prepared to suspend so that I can prove that I wish to clear the arrears and was happy with the CMI + £130.

 

Thanks Ell-enn for all your help and hope you will assist with my review.

Link to post
Share on other sites

That's good news - well done:) Of course I will help when it comes to your review. Just make sure you make payments in line with the court order, if you are even a day late they will issue another eviction warrant. When are you due to make the next payment ?

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.

Link to post
Share on other sites

Make payment a day or so early if you can, just in case. You provided a budget sheet with the N244 so did the judge say why you have to provide an up to date budget sheet in 3 months? did you say your income was likely to change?

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.

Link to post
Share on other sites

  • 3 months later...

Hi...my date for the review is 21st January at 12 midday. My problem is that I also have a job interview that day at 11.30 20 miles away! Will I be able to change the date for the review? If they had done it at the end of November as they advised I wouldnt have had a problem as I was on anual leave.

Link to post
Share on other sites

Ring the court and explain. Do you have a letter inviting you to interview ?

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.

Link to post
Share on other sites

  • 2 years later...

Hi.

 

Had a suspended possession order going back to 2008.

 

Had one eviction order, went to hearing and kept the house. I paid off all the arrears.

 

Then 2 years ago I had a back injury and was off work so was on reduced pay.

Paid the mortgage but irregularly.

 

I was then off for several months due to being bullied by my manager and eventually my pay went down to half.

This has resulted in accumulation of arrears of £3200 approx.

 

I did make an arrangement to pay off all the arrears in Aug

but my manager ( a different one) hadnt updated payroll that I was back

and so my pay wasnt right.

 

My dad was going to lend me the shortfall.

He is now ill so cant get me the money.

 

When I was paid on Sept, my salary was correct but taken by the council tax as a DOE!

 

Paratus have now issued another eviction notice scheduled for 3rd Nov which is Tues.

The letter from solicitors advised I try to make an arrangement to pay off the arrears.

 

I did contact Paratus last Monday 19th and offer to pay double the contracted amount each month

which means the arrears would be repaid in 6 months.

 

I didnt get a reply until 22nd requesting an income and expenditure to be completed

and proof of earnings which I sent 0900 on Friday 23rd.

 

They then emailed late afternoon on Monday 26th to say proof of earnings not acceptable - it was an online payslip.

 

Tues 0800 I emailed bank statement showing salary credit.

I emailed yesterday to see if they had made a decision

and just had a reply saying senior person has rejected the proposal.

 

However, they will accept it if I make a payment of £1250 (more then 4x my contractual payment)

this month to show committment to paying the mortgage) then double from then onwards.

 

They know full well from my I&E that I dont have this spare.

So what do I do?

Is it too late to get a hearing?

And if I can would a judge take the same view or even grant eviction?

Or do I just pay the money and ignore my other bills and starve me and my kids for the month?

Link to post
Share on other sites

Can you get a N244 form to the court today or tomorrow ? Paratus know full well that a judge will accept your proposal to pay extra each month to clear the arrears - they are just trying to put pressure on you to pay a lump sum which of course they know you haven't got ! Send them a reply saying you have no option but to apply for a hearing in court and will ask the judge not to award their legal costs as you had made a perfectly acceptable payment proposal which they rejected. I can help you with the N244 if you need me to.

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.

Link to post
Share on other sites

Hi and thanks for reply. Yes I can get to the court tomorrow. I would be very grateful for your help. I have sent an email to Paratus as advised re legal costs. I had also requested that they advise hiw they come to the figure of £1250 to which Ive had no reply. So fo you think a judge will accept it?

Link to post
Share on other sites

Hi and thanks for reply. Yes I can get to the court tomorrow. I would be very grateful for your help. I have sent an email to Paratus as advised re legal costs. I had also requested that they advise hiw they come to the figure of £1250 to which Ive had no reply. So fo you think a judge will accept it?

 

Hi, it's certainly worth applying for a hearing, judges don't want to take people's houses away when they are able to pay their mortgage going forward.

 

Do you have access to a printer to get the N244 form and statement done?

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.

Link to post
Share on other sites

OK, affixed is the N244 form, fill it in as per the instructions below:

 

1.Your name

2. Tick Defendant

3. Cancellation of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details

 

You say you did an income and expenditure sheet for Paratus - was it one of theirs or did you use our budget sheet ?

n244_0400[1].pdf

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.

Link to post
Share on other sites

OK, fill in our budget sheet (I same one as you used last time) - I have affixed one - it calculates automatically as you fill it in, so you can adjust where necessary and also alter the categories to suit who you pay and how much. Any questions let me know.

 

I will start to draft a statement to go with Q.10 of the N244 and post on here later.

 

Take a photocopy of your current wage slip as you can affix that to the N244 pack for court.

 

How much is your normal monthly payment and how much can you realistically afford to pay in addition each month.

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.

Link to post
Share on other sites

Hi, when you made your offer to pay double did you put it in writing? if so, it would be useful to have a copy of that and also their written rejection and demand for a lump sum.

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.

Link to post
Share on other sites

OK, make copies of those emails. Affixed is a draft statement to go with the N244. I am out till later this evening, but will check in when I get back to see if you are OK with it all.

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...