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    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
    • Thank you for relying so quickly! That is what I had concluded was the reality of the situation.. I'm still waiting for the call within my time slot.. I will try to fill this thread with more info, find original letters and show the docs of the pack I was sent, a pack with no real covering letter to show what it was in response to or from whom..
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Halifax/Ascent - home repossession***Suspended* **


morgan8080
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hi,

very worried as

I had missed a payment early on after getting the possession order

then been paying on time and

 

missed a payment as I had changed my card details and couldn't afford the payment by time I realised it hadn't gone through.

 

Been having non stop calls for past few days

as I am a student nurse I was at work and missed the calls.

 

I called tonight to be told it had gone to litigation that morning and although took new payment details he said he would speak to manager in morning but it would prob go down lines of eviction.

 

Total arrears 7000 and of those the 2000 are under the possession order.

I don't know what to do or try.

 

I want to keep my house and can maintain payments even though its hard

I am not ready to give up.

 

I also have suspended possession order on my first mortgage but its much less and am managing that.

 

The plan is to remortgage in a few years when I can finally get out of arrears and the possession orders and improve our credit rating.

 

 

Please help

 

Please help they are calling me tomorrow

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That's strange! I thought I had posted to reply to this but it seems to be on another thread, unless I'm going ga-ga! Anyway as I said somewhere else, I have large arrears and found Christian Debt Line very helpful. "They'll give it to you straight" as to whether or not you have a defence.

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  • 4 years later...

Hi

been given a reposession date after mounting arrears and not keeping to the suspended possession order given about 5 years ago.

 

I haven't worked since 2011 but am starting work next month so offered Halifax £90 extra a month.

Was told by Halifax a month ago that we could make a payment arrangement but first they needed to get another possession order but not to worry it was cos old one had lapsed.

 

I then swiftly got a possession date through.

I have liased through Ascent and they won't accept it they want the £9000 arrears.

 

I have had medical problems and a break down a few years ago and still on medication.

Halifax have all medical notes .

I didn't just have a bit of depression it was very very bad and on a lot of medication.

 

Any advice as am putting an n244 in.

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I would

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... 

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Might be better to now stop using the phone and tell them you wish a paper trail by letter only from now on

 

Get an SAR running too as I bet you've got £1000's to reclaim in letter arrears etc fees too

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... 

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I have emails in have sent to them are these ok or is headed letters better

 

I am doing a SAR but I need to concentrate on getting the eviction cancelled . She sounded like they would but couldn't say on phone till she discussed with someone else Monday at 8:30.

Does it sound like I have a chance

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Of course you have a very good chance

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... 

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If you can prove you have a job and are able to make payments going forward then I'm sure the judge will give you a chance. When you say you need to get the eviction cancelled do you mean you have received an eviction notice? or is it a possession hearing you have been notified of ?

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.

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About 6 years ago I had an eviction hearing as I put in n244 and it went in my favour.

 

I have had a couple of times they gave me an eviction date and it got cancelled as I paid something and offered a payment plan... it's hard to remember.

 

I have had a terrible night and not slept I am so close to taking diazepam for the panic again but I really don't want to.

 

I don't understand why they wouldn't make a decision yesterday after I begged them not to leave me over the weekend as I would be panicking ( I have been hospitalised in past)

 

I feel maybe they are trying to teach me a lesson by leaving things hanging till Monday , it's cruel

 

it's the eviction .. they told me in June that they were gonna apply for a possession order as the previous had lapsed but not to worry and it meant we could set up a payment arrangement.

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Hi, just to be clear - have you received a Warrant for Possession with an eviction date on it ?

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.

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Yes the date is 2nd October

I put proposal to Halifax they wanted lots of proof of me and are going to decide Monday as they don't know if it's in my best Interest having the mortgage which I found patronising.

 

I send bank statements and they picked through them and said I had spent a lot at JD sports one day etc...

but my spending had reduced since June ??

 

They have made me feel like a complete failure and a liar

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OK, lets wait and see what they say on Monday, then we will know whether you need to enter an N244 to get the eviction stopped. I am away from tomorrow until Wed evening and won't have internet access. I will look in again on Wed to see what needs to be done and can help 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.

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If you can show the court you are able to make payments going forward and can prove the new job offer then you have every chance. Judges don't like taking people's homes away when they can see there is a possibility of them reducing the arrears.

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.

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Well am in still in limbo as Halifax have called and picked through last 4 months of bank statements every penny...

questioned me for ages and still reviewing account .

 

I cried on phone as I said it's stressing me out and feel being judged and cannot cope with these calls .

 

I asked if I could do it through email she said not .

 

I am expecting another call and am hoping I don't feel so bad on the next one.

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post 6

STOP TALKING ON THE PHONE!!

 

writing only put the phone down!!

 

bet they'd never ask those questions in letter

 

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... 

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no not email either LETTER

if this is what they are saying then you put the phone down on them after stating writing ONLY/

 

it proves what I said

they'll threaten and allsorts over the phone

and do things they are NOT ALLOWED TOO.

if they put it in writing they'd be told off by the regulators

 

if you must talk on the phone

you tell them it is being recorded

bet they'll say you cant do that.

 

 

sorry but you are letting them treat you like a fool.

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... 

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I have an open complaint ...

they have said they can't stop eviction unless I pay £2000 .

I said I cannot afford that.

I can pay £1000

if I pay any more I am jeopardising next months payment and I want to pay on time from Now on.

 

The woman kept hastening me asking what I wasn't happy with and what she had done and why I was complaining and she needed to know .

I am going to speak to someone in complaints and put it in writing to them

 

I was on phone 2 hours to her .. I kept saying I need to go now as I am worn out emotionally with it all but she kept talking and asking me questions. I need copy of this call.

 

Apparently in June I had agreed a payment arrangement ... I don't remember this ?

I was told to wait for an extension of possession order

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that is totally out of order

well done

now you stay off that phone

 

 

I know this sounds silly but

it IS Halifax you are talking too?

whats the number they use we'll look it up

 

 

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... 

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