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    • Hello all, I would appreciate some advice regarding a recent incident with Rossendales.   Brief background is I bought my current house in 2016 from my mum who inherited it when my Gran died. When my Gran was alive, my sister sometimes stayed there and used her address for various things including driving licence, bank accounts, work documentation and credit. She hasn't lived there since I bought it. The story behind this debt is that apparently my sister parked at my Mum's house in Bury without a valid residential parking permit. She had contacted the council and they apparently had waived the fine before this visit.   In June, me and my girlfriend were woken up at 07:20 by loud knocking. At the door were two Rossendales enforcement agents asking for my sister. I told them she didn't live there asked what the matter was about and they said they couldn't tell me and I needed to show proof of residency which I refused to do without seeing any documents compelling me legally to do so. They proceeded to clamp my car.   I brought them the only evidence I had which was a V5 document. The car is on finance so technically, the finance company owns the car. In the subsequent audio recordings of the phone call, it emerges that they knew the car was on finance. They also asked if my car was a white Ford Fiesta (which is my sister's car) and asked if she was insured on it (she never has been and has never driven that car). I feel like they have attempted to blackmail me into giving them my sister's contact details when it was absolutely nothing to do with me. Admittedly, I probably reacted badly but being woken up before I normally get up by loud banging which terrified my girlfriend didn't give me a good start to my day. They refused to show me any ID or a court order, presumably because they didn't have one. I was told by their complaints handler that they use various methods of tracing people, including credit searches.   I have retrieved the video and audio of that day through DSAR. The video is here and audio recordings of phone calls are here.   They eventually took the clamp off after a couple of hours, citing the fact that the car was on finance. I didn't miss work because of it but I was several hours late.   Additionally, they missed the ICO guidelines for the DSAR and were two weeks submitting the video files.   Is there anything I can do regarding legal action here? I've complained to the leader of Bury Council who has dismissed it without looking at the evidence or listening to the audio.      
    • https://www.financial-ombudsman.org.uk/files/2868/issue117.pdf   Albeit from 2014, p.24 There the FOS insisted the creditor reset the default date to earlier (3 months after the payments stopped, but that was only because there was an agreement with the debtor to have a 3 months ‘payment holiday’)
    • In the first place it must have been over the phone. Could have been by email but cannot remember to tell the truth. I would have sent them an I&E so now I'm wondering if it was by email.I will take a look but might take a time scrolling mails from over 3 years ago 🧐
    • Dear Sir, no payment was made after May 2013, and potentially the last payment was even before this (your client could only examine their records back to May 2013 when they were contacted, and there was no payment showing)   Your client is not permitted to unreasonably delay issuing a default notice, and certainly not with the effect of later attempting to “get around” the statute bar. This will be drawn to the court’s attention should your client proceed with court action, as well as being reported to the FOS, so you may wish to highlight this to them and seek their further instruction.
    • Thanks Honeybee13. Here they are:   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement .     8 / 08 / 2019   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] .    13 / 08 / 2019   3 Date received .  18 / 08 / 2019   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]   Not obviously but does a section of data processing for getting the detail of my car   5 Is there any photographic evidence of the event?  Yes   6 Have you appealed? [Y/N?] post up your appeal] .   Yes   Dear Sir / Madam,   I have just received my parking charge notice (PCN) for stopping at London Southend Airport on 8/8/2019. I understand that stopping on the road is forbidden. However, the reason I  stopped on the spot was to ask a traffic warden where I could park my car temporarily as I was going to pick up my family (it's my first time to London Southend Airport). The officer told me there was not a picking up place. He advised that I should park in short stay car park, which I did.   Considering the situation, could you revoke this PCN please?   Yours faithfully,   Have you had a response? [Y/N?] post it up .   Just automatic response saying a reply will be in 28 days   7 Who is the parking company?    Vehicle Control Services Limited   8. Where exactly [carpark name and town] . London Southend Airport, Essex SS2 6YF
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WA1306

Birmingham Midshires application for permission to renew a warrant of possession after 6 years

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Don't worry you'll be fine. I'm on eviction no. 8 and off to Court first thing Monday for the fifth time (three evictions were dropped).

Dreading it, but fingers crossed.

 

The Court sends out an eviction notice by post around 3 weeks prior and pops one through the letterbox 14 days before the eviction date.

I think they are giving you a load of old bull, just pressurising you.

 

As dx says try not to answer their calls and if they do catch you just say "can you wait a moment while I set up the record app on my phone."

I find this normally changes their attitude.

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I wish you all the best for Monday. Is this hearing after you defended with N244?

 

I am trying to not take stress but can't stop thinking. Wish I had taken advance from this board when problem started by talking to them on phone.

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Yes, you always use the N244 to stop an eviction.

 

Just be realistic about you can really afford to otherwise you'll end up like me.

 

But don't get stressrd, I put my chances at 85%, you are definitely 100%, no way any judge will decline your application.

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Thanks for your supporting words.

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Hi, I was going through some threads on this forum and read about Ell-enn, you suggested someone that if lender don't reply to your arrears repayment offer you can write to court to decide.

 

I also read somewhere that lender must response to your offer in writing.

 

In my case, they haven't responded on writing. Can I not ask the court at this stage? I am very worried about going to the eviction stage. Thanks

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no that for IF they are brave enough to go that far later on

keep your powder dry!!


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Hi,

 

I have been making all monthly normal payments plus 500 towards arrears.

 

This morning I had missed call on my mobile from them with voicemail. The message was half recorded but starting and ending on alternatively if you want to call back in the meantime please call on number....

 

I take they are calling for arrears and possibly court action. 

 

I am scared to call back. What should I do? If it is eviction,  will they call or send letter?

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doesn't happen by phone

stop panicking

never ever discus your debts over the phone

writing only put the phone down

block their numbers too.

 

dx

 


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

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Thanks, in last conversation back in early February the told they will go for eviction. I have been waiting to hear since then or letter from court.

 

 

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they will always say that to frighten people

which is why you NEVER use the phone!!

 

dx

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi,

 

Just to update the forum, I have been making all payments on time since January 2019. This includes contractual monthly payment plus £500 towards the arrears. 

 

As I have paid 6 months payments on time, can I ask BM to capitalise the arrears? Last week I received phone call from BM to discuss my account but i asked them to send me in writing. 

 

Can you guys please advice whether I should request BM to capitalise the arrears as currently mortgage is showing in arrears on my credit report file. I am looking to remortgage 12 months after all payments appear on time on credit report.

 

Thanks.

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Usually you can only do this on first mortgage arrears, and usually only if the value of your home is a lot more than the mortgage. The amount you owe in arrears is added to your total mortgage.(Capital) Obviously your monthly payments will go up and repayment of the arrears are therefore spread over the rest of the term of your mortgage.
 

BM may be more likely to agree to capitalise the arrears if you have already kept to a repayment agreement for some months....which you have...and BM will usually view capitalising the arrears as a last resort option.

 

Andy


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Thanks Andy. The loan on the property is about the 50% of the property value, so lot of equity. 

 

is there any harm in writing to BM to request capitalising the interest or you suggest to wait few more months? Can anyone help with the letter template?

 

Thanks.

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Well several months is quite  steady...no harm in requesting.

 

Check The LIbrary we may already have a template ?

 

Andy


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So they never did apply for eviction?


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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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Hi Ell-enn,

 

no they didn't apply for eviction. They applied for extension to the reposession order that was granted in 2009. They asked for for the remaining term on the mortgage but court only granted 12 months starting from January 2019.

 

Since January this year I have been making regular payments. They didn't agree on payments towards arrears but since i have made payments for last 6 months I want the arrears to be capitalised. They in the past capitalised arrears. Last time was about 3 or 4 years ago. 

 

I don't want to call them but email if you suggest no harm in trying.

 

Thanks.

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