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    • Thanks @FTMDave. I suppose I felt my defence would be that it was an honest mistake and even the initial £60 charges seemed unjust, let alone the now two £170's he is now demanding. There is no Justpark code for 'Sea View' and the first/nearest car park that comes up when you're in the Sea View car park is the 'Polzeath beach car park'. If I have to accept that I need to pay £340 to avoid the stress of him maybe taking me to court, then so be it. If people here advise me I don't have a case then I will just have to pay.
    • What you've just written complicates things. No, the snotty letter now needs to be changed so don't rush and send something off just yet. We see you've done your reading up - well done - so you'll have seen we have several cases with our mate Kev.  His MO is to hide signs in the undergrowth where no-one will see them, and ignore consideration & grace periods, so he can issue his invoices.  His antics mean that motorists are legally in the right not to pay his invoices.  And so far he hasn't had the bottle to do court. However, your case is different.  As much as we despise Kev, you didn't pay for the private car park that Kev "manages" but instead gave the money to a completely different car park run by the council.  In that case Kev does have the right to be miffed.  I've just a mock booking for Sea View car park on JustPark and it works no problem. I think you have two decisions to make. 1.  Do you want to do a chargeback with your bank to get back the £60 you paid?  I did a chargeback about a year ago for the first time, i didn't have a clue what to do, but the regulars here guided me and everything was painless. 2.  Although you are probably legally in the wrong and may have outed yourself as the driver do you want to refuse to pay Kev for the other two?  If Kev won't do court then after all his bluster you'll be in the clear. However, as there are two tickets involved (potentially three if you go for chargeback) Kev's geed might win over his lack of backbone and he may go for court. There's no easy solution.  Your choice.  We will of course support you all the way with what you decide.
    • Ok thanx  I keeping coming across this term “ holding defence”. Can someone explain what this is. Thanx. 
    • Thank you @lookinforinfo and @FTMDave.  The car park I paid for by mistake instead of this one was Cornwall council, not Alliance. Will the letter still be ok in this instance? Thank you so much again for your help. When you open the Just Park app in the  Alliance car park (Sea View) the first car park that comes up is Polzeath Beach. Both car parks are on the beach. The signs do not give a code for 'Sea View' anywhere. I also have not been able to find the landowner to complain. (not on land registry.) Please confirm whether above letter is ok to send, thanks again.
    • OK thanks, I noted them down when I checked the report - 3 have already expired, although if I'm adding the 14 days on then it'll be another week or so for those. The others are; end of July (so into August is that right?), end of August (these two are the big ones) and a couple of grand on Shop Direct at the end of November but seeing as this furthest one is Lowell and they have already missed those first 3 then I feel pretty safe with that one. Are these DN dates on the credit report that dates I should be looking at +14 days when their anniversaries come up this year as the time when I can be sure the debts are SB?  I won't be rushing to send the SB letters anyway until the final one has passed and I can just do them in one fell swoop.
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How much is a reasonable Contractual Monthly Payment+Arrears Offer?


Nobbin
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Hi

 

I'm hoping you can help my sister with this quandary. She has some mortgage arrears for various reasons but they are now wanting to sort this issue out. A court hearing has been booked but her mortgage company have called and said they are willing to help and look at options. The arrears are around £5800.

 

Going forward they can pay the contractual monthly payment plus an amount towards the arrears. The mortgage company say they will consider this but a i and e form must be completed. So I'm trying to help her work out what might be seen as a reasonable offer

Their income is £2700 pm and essential dd etc including mortgage is £1715. On top of that we've allowed for food and a few other bits.

 

So the remains non essential balance pm is £500. How much of that should she offer and leave herself for entertainment, unexpected expenses etc which would seem fair to mortgage company or potentially a judge.

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Who is the mortgage company

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then if she can afford the uplift in payments over that term it would be simplest to have the whole amount commuted to the mortgage rather than busting a gut to pay off and extra £500 a month for a year. An extra £60 a month for 10 years is not crippling. getting them to agree to this is the tricky bit, they will most likely think that she may well slip back into old habits sosomething will be needed to be done to persuade them otherwise. They may well agree but want an arrangement fee of some extortionate amount added as well. The bad news is the court application hanging over her gives them the good cards. If it is more than a month away then she should pay off some of the arrears without being asked and then make sure the next regular payment is met. This will steal their wind a little and make them more likely to accept the most obvious method of going forward.

Mind you a lot will depend upon why the arrears mounted up in the first place and what the mortgage co were told at the time, if anything. Just not paying it because she had a nice holiday in the Maldives instead wont make them feel like spreading the amount owed over a long time.

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As the poor family haven't had a holiday in three years, they could only wish for a Maldive trip at this point sadly. It was due to a combination of urgent house repairs, a serious car problem and her children starting secondary school. A perfect storm of circumstances that would be very unlikely ever to occur again.

At the moment the plan is to be able to pay thebusual monthly amount ongoing. In December she is paying an additional £650 towards the arrears unasked for and will do the same again in January. Then on Feb/March to clear as much as she can. However from the figures I mentioned above would £100 or £130 per month towards the arrears

Seem reasonable. I don't think they want to add it to the term

And would rather clear it over the next year or two.

But are those figures reasonable ?

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Just to clarify they aren't looking to offer the £500pm. There is £500 per month available left after food and bills. We are looking to work out what would be a reasonable offer to make to clear the arrears from that.

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