Jump to content


  • Tweets

  • Posts

    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter. 1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations.Unless of course,CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry.If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.  When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015. 3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”. Based upon that evidence,I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking.The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also,nearly double that of what a council parking charge would be. I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor. 4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL,I believe,are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model. 5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum.Please specify which it is. 6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book,updated October 2017.Here is the section you need:- “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information. While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however,you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs,and cameras. 7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis.Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
    • SAR, yes do both, could be useful for cross referencing   The dates you've given for moving abroad also change from your original post so the more info you can gather the better   Also, there's quite a few questions you haven't answered that could be useful.    
    • No, I wasn’t. I did not know about the ccj because I had moved house and was not aware the loan had passed to Erudio as I was abroad 2012 to 2014.  I have no record of it at all but see that it is on my credit report now.  do I need to get to a SAR  to Erudio and student loans as well As calling northants 
  • Recommended Topics

  • Our picks

  • Recommended Topics

oakwood home loans ltd Mortgage arrears - payments made show as AP on CRA file


petelyn
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2014 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

absolutey on top of the world, it is just a shame that the DJ didn't give us a fair hearing.

 

Why are the solicitors so adamant to get the eviction, but before going into court she was so nice to us,

 

i also dont think it is wise for anyone to speak to the mortgage solicitor 30 mins before the case goes into court.

Link to post
Share on other sites

  • Replies 106
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

absolutey on top of the world, it is just a shame that the DJ didn't give us a fair hearing.

Why are the solicitors so adamant to get the eviction, but before going into court she was so nice to us,

i also dont think it is wise for anyone to speak to the mortgage solicitor 30 mins before the case goes into court.

 

Excellent news. Just ensure you keep on top of everything so that you never have to face this kind of situation again.

 

As for speaking to the other side - this is common practice in courts, either you speak directly if you are representing yourself, or your representative speaks to them. The point of it is that sometimes negotiation is the ONLY way to win a case - trust me, I have negotiated many times to get the other side to agree to something they had no intention of agreeing to, thereby gaining clients an advantage to staying in their homes. It is NOT a negative thing to do UNLESS there is no prospect of negotiation (mostly there is).

 

Lastly, the solicitor (or more often agent) is simply doing their job for their client, it's what they are paid to do.

Link to post
Share on other sites

  • 3 weeks later...

Hi

 

 

i have just received monthly mortgage statement and have been charged for a field agent fee,

the agent called at my home without any notice and i told him i was not interested in speaking to him and he left,

 

 

i did ask him if i spoke to him could he help stop eviction he said no he was only calling to take my financial budget

 

 

,i told him we had already supplied this to the mortgage company.

 

Do i have to accept these charges ?

 

 

seems to me the court helps you try to sort arrears out and these people add more charges.

Link to post
Share on other sites

Hi. no - you do not have to accept the charge for the agent calling, you didn't agree to it. You need to write advising them that they should refund the fee - if you hang on till later I've got a letter for that somewhere I can let you have.

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

Sorry, been busy with visitors this weekend - will look for it now....

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

Draft letter affixed :)

Petelyn advisor charge letter.doc

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 years later...

Hi

I was looking for some advice about an arrangement to pay with my mortgage company

 

in 2011 I went to court to appeal a eviction through a circuit judge who made an order for me to pay my regular mortgage payment

plus £150.00 pm on top

 

I have done this religiously and my arrears will be fully cleared in April 2016 we were really happy we have completed this order by the courts.

 

we have now checked our credit file and the mortgage company have marked every month we have paid them over the last 5years with a Arrangement to pay marker

 

should they have been doing this as we have paid our mortgage and arrears every month

and after arrears are cleared in April will this still affect our credit rating.

Link to post
Share on other sites

is there a default listed too

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

This appears to be common recording by mortgage companies where an arrangement to pay the arrears is in place. Unfortunately it will be April 2022 before the arrears completely disappear from your credit file :(

the mortgage company should start recording the account is OK from when the arrears are cleared.

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

theres no harm in writing to them

and asking them nicely if they would consider entereing a default following you 3rd short payment.

 

 

have you gotten all the statements

and looked at arrears fees reclaiming

and at things like debt visits and any unnecessary insurance they made you take out?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

4 threads merged for history

 

looks like you have £1000's to reclaim to me

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for replying

I was just wondering if the mortgage company's keep putting A P until April 2016 and this shows until 2022,

although my mortgage payments will be up to date By May 2016 and will be showing OK from May 2106

and all my other credit card and hp is all showing Ok as everything is now up to date,

 

 

how will this affect my credit rating as I am self employed and I need to up grade my car in July 2016.

 

Will these past AP showing until 2022 still ruin my credit rating which I have worked hard to put right over the last 6 Years ?

 

One more question is

 

 

how do I see what I have been charged since mortgage started in 2007

and can I claim back any solicitors costs.

Many thanks

Link to post
Share on other sites

any markers drop of on their 6th birthday.

 

 

you'd need to send them an sar to get all the statement

to reclaim all the fees

but not sols fees no.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

urm..click the sar link

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 4 months later...

Hi can you give me some more advise on my situation,

 

well we are now clear of our bankruptcy after a long 6 years which has now come off our credit file,

we have paid back all of our arrears which the court gave us time to do,

 

 

how ever there is £60.00 outstanding for our May payment which was due on the 01/05/2016

but it was agreed as always that we would pay the last day of every month with the mortgage company,

 

we were 12 days late on this payment

just checked our credit report and they have entered a missed payment

which has now damaged our credit reports again.

 

 

Now if this was agreed to be paid at the last day of the month

why would they enter a missed payment as we thought it should only be reported after 30 days of expected payment,

that have also charged us £50.00 fees.

 

We have not missed any payments to our other creditors

and our credit report was looking great until the mortgage company did this to us,

 

 

we did tell them last month that we would be putting in a SAR regarding late payment charges

and sending door step callers to the house which never ever came in to speak to us

and they said they were entitled to make these charges.

 

Do you think this is why they have entered This Missed payment on our credit reports?

And how will this new entry affect our future credit.

 

We just got over years of stress and these company's don't seem to care pls advise how to handle this new situation.

Edited by honeybee13
Paras.
Link to post
Share on other sites

the sar is to get all the statements to look into reclaiming the fees

they are not lawful

regardless to what oakwood say.

 

 

as for your credit file

unless it says xx days until they mark a late payment,

in their t&c then its normal to register it anyway.

 

 

it wont harm you that much.

 

 

hope you've sent CCA requests on all the other debts you are paying

esp if you are paying any DCA's?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

No all our credit cards are up to date

and our HP payments for our car never been missed for the last 3 years

all be it a high interest rate we were going to consolidate our car and credit cards into one loan

 

 

this missed payment has knocked our credit reports to poor,

it has not improved although bankruptcy now removed we thought it would have had a good impact on our report,

 

 

I intend to speak to them tomorrow to see if they will remove missed payment on file

I will then send them SAR,

 

 

the only other debt we have is a charge on house for £2300 but the company has agreed to accept £1000

 

 

I've 10 payments to clear the charge , would this charge have any impact on our credit score .

 

 

Thank you for your help.

Link to post
Share on other sites

if the CCJ is still showing yes it will

the charge itself does not show on credit file.

 

you really should look at sending an sar to ALL your current and past creditors.

you mention this loan was consul, so there could well by PPI/Penalty charges on those debts too

that are reclaimable.

 

as long as they were not part of the BK

you can reclaim on them

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 5 months later...

Hi cannot you give me some advice on a charging order that I had put on my property a few weeks before my bankruptcy,

the charging order was for £2300 and this is now over 6 years ago and has come off my credit report,

 

this charge was put on my account cos I handed a car back to a garage and they said this was the shortfall although we never knew where the car was sold to or for how much ?

 

This company rang me in Feb2016 and said if we paid £1000 to them in 10 installments of£100 a month then they would clear the balance which we accepted

 

we have made 5payments and missed a few due to my wife having treatment for a lump on her breast,

the arrangement would have finished this month and my mum was going to pay the remaining £500 this month to clear the balance,

 

however we have just received a letter from creditor to say they have sent numerous letters to us which we have never received from them,

 

they have now sent a letter saying we must contact them by the 18th of Nov this week or they are going to the High court for possession

 

please can you help us regarding them going for repossession and can they do this without the case going back to court.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...