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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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Platform Mortgage - Awaiting eviction date


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They shouldn't take action while they are considering your proposal.

 

I don't think they have to involve the solicitors until they get to the stage of asking for a warrant, but it is the solicitor who does that.

 

You said in your first post that they have not been keen to accept your payment. Have they actually taken it though, and if so what arrears figure have they given to you?

 

Given who the lender is and that it is a second mortgage, I would be very surprised if the arrears balance does not include quite a lot of charges. Do you have a breakdown of what are arrears and what are charges?

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Theoretically you should get a letter from them threatening eviction if you don't pay the arrears in full by a certain date - have you had that?

 

5 working days from today is next Thursday, they should write to you to advise if your offer is refused - if it is, they would most probably give you a date by which to pay the arrears or they will apply for an eviction warrant, so time wise I think you should be ok. However you should telephone them next Thursday to find out what's happening, then if they have refused your offer - provided you can get on the internet - come back here and we can advise further.

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Thank you ,

last letter I had was wanting bank statement so they could see if proposal was affordable to us ,

shall I call them tomorrow and tell them I'm away

 

Rocco 17

- cheque has been cashed and they confirm arrears today at 2600 ,

 

 

no I dont have breakdown of charges etc ,

 

 

should I ask for one ?

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How many months payments have you missed? do they add up to the arrears figure they quoted - 2600?

 

Did you send a bank statement? you should really send a budget sheet instead, you don't want them seeing what you spend your money on.

 

Probably not a good idea to tell them you're going abroad - if they think you can afford a holiday they might not be very co-operative.

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I doubt very much that the eviction would be as quick as that - they can't do anything while they are considering your offer of payment and they would have to inform you if it is refused. Just wait till next Thursday and ring them then let us know what they say. No point in ringing Kensington before the 5 days are up - they always take ages to decide on an offer.

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Yes. Will be interesting to hear their answer. They don't like handing over details of arrears and charges and tend to try to charge you for this information (by cheque, in advance!). They prefer to just take the full amount including the charges, divide it by the monthly payment amount and then claim that you are x number of months in arrears (a much higher number than the actual number of payments you have missed). Sounds worse that way.

 

Basically the point is that you have already made a significant payment to them. That money should have paid off actual arrears, not just charges, so it could be that they are now threatening to repossess based largely on just their own charges.

 

Don't get me wrong, I am not saying that the charges can just be ignored (although some can be challenged) but if you do have to take this to court it could be useful information to have

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Well spent most the night panicking , why do I leave things until the last minute .

 

 

When I spoke to them yesterday I had faxed my bank statements through a week ago but they lady said no one had referred it .

 

 

I have read so many bad reports about Kensington ,

 

 

I am going to write for a breakdown of the charges but don't want this to jepodise my offer , or could I ask for charges I be taken off arrears ?

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If you know how many payments you have missed you should be able to work out if it is less than the amount of arrears they are saying you owe - if that is the case then it is likely they have added arrears charges into the figure.

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I called Kensington today and queried time scales of eviction ,

 

 

the lady was quite nice and said that if they reject my offer we can always retry again ,

 

 

the account would then go to sols and we would get letter for possesion at which point we would get 14 days ,

 

 

as they haven't sent to the solicitor yet I am presuming we will be ok until we get back and I can sort it

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I'm sure nothing will happen while you are away :) try and relax and deal with it when you come back, we'll still be here to help you.

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If you read the Repossession successes forum you will see that there are many others who were in a much worse situation and kept their homes. You just need to be strong and don't let lenders like Kensington railroad you. Always stick to your gins and never offer to pay more than you can reasonably afford.

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I'm certain it won't happen while you're away - try and relax and we'll deal with it when you're back :)

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In the opening post,

the OP states that there is a suspended possession order

- yet the arrears were paid off in full (just re-read and the arrears were part paid).

 

 

Can he/she clarify whether there is a suspended possession order on the property?

If there is,

then the timescales can be much reduced from those that have been quoted in the thread,

e.g. a warrant of execution for an SPO is a paper exercise and can be completed in five minutes

- thereafter it is only a matter of the bailiffs finding an appropriate date/time slot for the eviction,

which could be 7 days.

 

I don't want to panic the OP,

but whether or not there is an SPO and how busy their local bailiffs are will be pertinent to whether or not they have time to go on holiday.

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Lea you were right

I ran back and they issued a letter that gives you 7 days to try and arrange , if not they then contact court to evict so could be quick

- I get paid on 17th so can pay £800 then ,

 

 

a family friend has said they will give me the rest on monday

- only problem is I don't know where to say I got money from

cause they were really awkward about my mams money ,

 

 

any suggestions if I say wages will they want to see prove ?

 

 

Just shows platform just took money and asked no questions

 

Any suggestions ? X

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I they've said it will take 5 days to get a decision on your offer, then that takes you to next Thursday - if they were to apply for a warrant after that there's only a slight chance it would arrive in your second week away. I still think you would still have time to defend it when you get back. You should call them next Thurs to see what the decision is and then post on here, if they decline your offer then we can work on defending any action so it's ready for when you get back.

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Wherever you got the money from is not really their concern, as long as the money is a gift, it doesn't give the person who gave it to you an interest in the property and you do not have to pay it back, which could obviously in theory affect your ability to keep up payments to the lender.

 

You say they were awkward about your mum's money, but ultimately they took it. They can't refuse to take a payment.

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They have an automated telephone payment facility, could you ring that number and pay the arrears by debit card (they don't take credit cards)

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