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    • I am just tidying up the above and noticed something that I'm not sure is important or not. On the claimform they state:- Claimant purchased the balance on the account on 06/10/2016. The letters I received were all dated 24th November 2016   Once I'm ready I assume it's self explanatory entering the information on the moneyclaim site? I've looked around on here and can't see any particular instructions so I'm assuming it's a copy/paste of the defence above?   Thanks
    • Why do you need to write what down please?   AoS is acknowledgement of service via the MCOL website as per dx's instructions. CPR 31:14 is a legal document you need to send to the other side, asking for information.   HB
    • DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.   Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party   As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016. What should I do with them now?
    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
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Victorious today

Ascent Legal instructed by Santander have issued possession proceedings for my home

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Thank you in advance to all who not only read this thread but to those who can help me navigate through court forms, lingo and Mortgage arrears to keep my family in our home.

 

My First contact with Ascent Legal was on the 28th December 2016, when I called them in a response to a letter they had sent regarding the above.

 

 

They informed that they had contacted the courts and was awaiting a court date.

No date had been set yet and I said I would call them back once I had received the paperwork,

 

 

the person I spoke to took my email address to send me a income and expenditure form.

Which he did send straight away.

 

Included in the letter dated the 22/12/16 was the following:

- A statement of my mortgage account which reads

'Thank you for your recent enquiry' dated 6/12/16

(I did not request a statement of my account)

- Letter stating they have issued possession proceedings

 

I received a court pack with a court date set for Tuesday 24th January 2017, on Thursday 5/1/17.

 

 

I called The courts on Friday 6/1/17 to query what date is this letter classed as served?

I was told the court have a date of the 21st December 2016

yet the court pack I received this week, the letter clearly states 23rd December 2016.

 

I was told it is classed as being served on the 25th/26th December,

yet we all know these dates are a public holiday and I am obviously not going to receive any post over those days given it was not printed until the 23rd December 2016.

 

I was told that the 14 days to complete the defence form ended on the 3rd January 2017. Yet I had still not even received the court pack on the 3rd January 2017.

I sent the above paragraph via email to the local court civil team and called today and was told they would refer it up as urgent but I should still expect to attend court on the 24/1/17

 

I also emailed Ascent Legal to ask what date they had put into the court on Friday 6/1/17,

they did not reply but sent me a letter dated 29/1/16 stating that a Hearing date had been set for 24/1/17 Which I received Saturday 7/1/17

 

The court papers state the following:

Particulars

- the claimant is claiming possession of my residential property including a claim for money

 

Grounds for Possession is Mortgage Arrears

The mortgage has been running since 2004

 

4. The agreement for the loan secured by the mortgage is not (or none of them is) a regulated consumer agreement.

 

5. The claimant is asking for possession on the following grounds:

 

- the defendant has not paid the agreed repayment of the loan and interest (details set out in payment history)

 

6.

A) Amount loaned £67k

B) Amount required to pay off in full is £33794.90,

c) Current repayment £437.54 pm,

d) the following additional payments are required under the terms of the mortgage,

e) of the payments the following is in arrears

F) n/a

G) instrest rates which have been applied to the mortgage

Gi) start 4.10%

Gii) before arrears accrued 4.74%

Giii) start of claim 4.49%

 

7. Following steps been taken to recover money secured by mortgage.

- the lender has compiled with the pre-action protocol

 

About defendent

8. To the best of the claimant knowledge the defendant is not in receipt of DWP assistance

9. No one else should be given notice of these proceedings because of a registered instrest in the property under Family law act 96, matrimonial homes act 83 or 67

 

Tenancy

10. A tenancy was entered into between the mortgagors and the mortgagee on. ( nothing written?)

- A notice was served on. (Nothing written?)

 

What the court is being asked to do

11. The claimant askes the court to order that the defendant

A. Gives the claimant possession of the premises

B. Pay to the claimant the total amount outstanding under the mortgage.

 

Payment History

12. The claimant has made the following requests for payments from the defendant

October 16 : Due £442.21. Payment made £550.00. Cumulative arrears £1165.61

November 16: Due £442.40 payment made £300.00. Cumulative arrears £1228.21

December 16. Due 442.29 payment made £0. (I did make a payment in Dec for £450.00 but it was over the Xmas period) Cumulative arrears £1671.17.

 

Apologies for writing out the whole court letter,

it's not an area I understand to be honest so any advice,

information would be appreciated.

 

 

As soon as possible as I am currently very worried about the situation and not sure what to do next.

 

Thank you in advance.

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Hello and Welcome, Victorious today.

 

I've asked Site Team member Ell-enn to have a look at your thread when they can, they will help you.

Sorry there's nothing I can do to help at the moment as I don't really have a clue how you go about getting this sorted.

 

Regards,

 

Scott.


 
 

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Hi, you can still enter your court papers after the 14 days so don't worry about that. Are you able to be on line in the morning ?


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Thank you for pointing me in the direction of someone who may be able to help me.

 

Yes I can do that. Just not sure of what I have to write to be honest?

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as a side issue

 

get an sar running to Santander

get all the statements

 

I bet there are heeps of penalty charges to reclaim here

[letter/phone/arrears/debt management] etc etc

 

and look at the mortgage agreement

and see if there are any unnecessary insurances included


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as a side issue

 

 

get an sar running to Santander

get all the statements

 

 

I bet there are heeps of penalty charges to reclaim here

[letter/phone/arrears/debt management] etc etc

 

 

and look at the mortgage agreement

and see if there are any unnecessary insurances included

 

Thank you I will look into a SAR this evening I have not heard of this before so will read previous thread on a SAR.

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Hi, you can still enter your court papers after the 14 days so don't worry about that. Are you able to be on line in the morning ?

 

Hi Ell-enn

 

I do have access to Internet is there any specific forms I should be completing with this and is there anything specific I should mention on form as I am not sure what to write.

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Hi, the main thing you need to show the court is that you are able to make normal monthly payments going forward together with an amount to clear the arrears - are you able to do that?


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I assume you have received a N11M defence form with the court papers ? please read my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession on page 4 are instructions for the defence form, page 10 has a template letter to send to the lender and page 13 is a template statement for Question 27 of the N11 M defence form which is the important part.

 

 

I should be online for most of the day so please post questions as they arise and I will answer as soon as I can.

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Hi, the main thing you need to show the court is that you are able to make normal monthly payments going forward together with an amount to clear the arrears - are you able to do that?

 

Yes I can clear the arrears in full by the end of February 2017.

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Hi, you will need to show the court how you are going to clear the arrears.


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Yes I have a N11M form, reading your links and completing paperwork at moment. I will update you once I have completed it.

Thank you.

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Hi Ell-enn

 

Thank you for the templates, budget which definitely simplified and made easier the letters I had to complete and write. I have since sent the letter to the lender and completed the N11M form as suggested for the courts.

Also your guide stated that NO arrear charges should be added into the total missed payment arrears amount. Does this include arrears fees?

 

Thank you in advance and I won't be able to respond until the evening.

Edited by Victorious today
Did not realise I could send a PM

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all arrears and penalty fees should be a separate account

 

and should not form part of any sum of possession

 

 

post 5


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Reclaim mis-sold PPI Read Here

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all arrears and penalty fees should be a separate account

 

and should not form part of any sum of possession

 

 

post 5

 

 

Thank you

 

Hi Ell-enn

 

Thank you for the templates, budget which definitely simplified and made easier the letters I had to complete and write. I have since sent the letter to the lender and completed the N11M form as suggested for the courts.

Also your guide stated that NO arrear charges should be added into the total missed payment arrears amount. Does this include arrears fees?

 

Thank you in advance and I won't be able to respond until the evening.

 

I have managed to pay my mortgage to date and reduce the arrears to £800.00. Also My Bank has confirmed that the arrears total does include arrears fees, charges, instrest. I am still extremely worried about this forthcoming court case. Is there anything else I can do?

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How many months payments does the £800 represent ?

 

 

Make sure you can print off confirmation of the payments you made to take to the court hearing. Have you handed in your N11M yet? (and remembered to take a copy beforehand)


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