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    • you have acknowledged the claim on MCOL [AOS]?? and sent a CPR 31:14?   your defence is due Friday by 4pm
    • so this was a windscreen PCN for the driver walking off the site?   scan up all the paperwork you have had to date and ignored to date  including the front page of the letter of claim and the windscreen ticket.   you've been here long enough and have known about this PCN long enough to have read cag to conclude you should  NOT to have ignored the letter of claim    
    • I know it was over a year ago, but can you remember what you purchased and the name of the shop?  Even if you paid by cash, purchases can still be tracked down. 
    • It's been a while since I had my head in this subject area, but Carey v HSBC was based on determining what the creditor could do to fulfill their obligations when issued with a s.77/78 request by the debtor. It determined that a reconstituted agreement would satisfy the request, so long as it was a true copy. It does not mean the agreement is enforceable if put before the courts. The debtor could, if provided with a recon, decide to accept it and carry on as normal, or dispute it (and potentially withhold payments until the dispute is resolved - if ever).   You are in the position of disputing the recon as being properly executed (amongst other things), which is now at the stage of being put before the court to resolve. Your protection is s.127(3) of the CCA 1974 (repealed in April 2006), which states:   s.127 (3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).   The above is what makes a recon unenforceable in your case - but, you need to make a positive assertion to that effect. Whilst DX says Carey is not applicable, I think it's relevant. It explains the role of a recon in law, and it also explains what a properly executed credit agreement looks like, to the extent that could be declared enforceable by an order of the court. It also confirms that the creditor can continue to attempt collection of the debt, but they have no means of recourse through the courts. I would certainly be quoting Carey in support of an assertion that the claimant's recon is unenforceable, and s.127(3) prevents the court from making an enforcement order where s.61(1) was not complied with - as appears to be the case. You will need to spell it out for the court within your statement though. If the claimant is relying on their recon as evidence of their compliance of s.61(1)a then they fail comprehensively due to... (list the points) ...look up what the required prescribed terms are and list them as not being present (the text cannot be read, so they cannot be said to exist on the agreement), and also that all the terms are not contained within the one document (Carey case goes into this in some detail).   You can also throw in your other points relating to the balance and reference numbers, default notice, etc. Pull their case apart with as many arguments as you can. Explain why certain things are needed for the claim to succeed and how the claimant's case does not stack up on those points. Force the claimant to defeat your arguments with appropriate proof/evidence. Cast doubt in every direction you can, but properly support your arguments.   Hope this helps.
    • Am I right in thinking your brother is the keeper of the vehicle, and so VCS are suing him - but you were driving on the day?  In your first post you wrote "I received a PCN" but did you really mean your brother did?   if so, you can prepare the paperwork in his name if you want, and a decent defence later on will probably lead Simple Simon of VCS to wet himself and give in (if you look through the forum, there are very recent examples of this).   However, in the unlikely event that VCS go all the way to court, it will be your brother appearing, so it'd be a good idea if he too started to learn the legal procedure and how to beat these fleecers.
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WA1306

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

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cant KEEP saying this more than i already have multiple times

you never ever use phone nor email.

 

you were simply a bit late.

forget their nonsense.

 

dx


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Hi,

 

I wrote to Birmingham Midshire few times and enclosing income and expenditure but no response from them. I complained and received the attached letter upholding my complaint and offered £50.

 

Also mentioned that they can't capitalize arrears because no payment in August and asking me to call them. August payment wasn't missed but Late by 10 or 12 days.

 

Now I have received letters from their solicitor and Birmingham midshire that I need to either pay arrears in full or contact them by phone to agree on repayment of arrears or they will apply to court for eviction date.

 

I am very distressed as I have been paying monthly payments since January and kept writing to them but because of last year's arrears they are applying for eviction date. 

 

I don't want them to apply for eviction date but if I call them their staff will again not positively deal with my account over the phone. 

 

Do I  have any options at this stage?

 

I have attached copy of letters. 

 

Please help as I need to call them tomorrow. 

 

 

Scanned_20191111-1908.pdf Scanned_20191111-1911.pdf

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Very unfair

Write ba k to him

 

Tell him you do not consider the complaint closed

 

BMS have failed to research my payment history correctly

Aug 19 was met but late because xxxx

I do not believe the refusal of no cap is fair.

 

There is no legal requirement for me to discuss anything by phone and i have been very intimate d by your companies previous treatment toward myself over the phone.

 

I will only communicate by writing


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

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Thank you, I  will reply to the complaints team but the eviction team and their solicitors will continue with their application for eviction date. 

 

I am worried that if I don't call the eviction team I will lose the opportunity to stop eviction before it goes to court. I don't want to challenge the eviction after court order. 

 

Is El-Enn not in the forum?

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You do not call anyone!!

 

Its says ask not the will anything..

Simply designed to make you panic

add to your letter back something like please advise xxx of the same


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

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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

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What shall I add to letter, ex of the same?

 

What if I call for the last time and warn them I am recording the phone call?

 

I think if I don't call they will will apply for the eviction date. I can't afford to fight the eviction with 4 children and mother living w I'll l me.

 

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Advise whomever sent the vailed threat of eviction

 

You do not call then

Stop panicking

 

Write!!


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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

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Hi there you need to write to them again explaining the August payment.   I can help you with the letter but it will be later this morning as I am at work and quite busy at the moment.


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Hi, managed to get letter done, (affixed) make sure it is sent by special delivery so they get it the next day.

WA 1306 letter Nov 19.doc


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Hi Ell-Enn, many thanks for the letter.  Much appreciated. 

 

I was I'll send today as you recommended. 

 

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One more question,  this letter should go to complaint or eviction team?

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post 103 already refers.

write back directly to the named person who replied to your complaint letter

they know your case

unless ell-enn suggests otherwise


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.

 

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

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Thank you,  I have posted the letter to the complaints.

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I would have sent it to the eviction team as they are the ones threatening you.................  guess you'll just have to wait and see if complaints pass it on.   You could always email a copy to the eviction team if you have their email add.


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I think I have their email address.  Will email copy to them.

 

If I can't find their email address then I will send copy by post. 

 

Shall I amend l letter to add if they don't capitalize arrears then let me know how much per month I should pay towards arrears based on income and expenditure I sent last month. 

 

Please note currently I am  not paying anything towards arrears. 

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I thought you were already paying an amount towards the arrears?   you should always pay something towards them.  They won't capitalize the arrears while you're not paying....  and you are at risk of them applying for eviction which, if you were to defend, the judge would want to know why you haven't paid towards the arrears. You're placing yourself in a very precarious position.   It's not a good idea to stop paying towards the arrears just because you haven't had a response to your letter.


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From January to June this year I paid £500 towards arrears. I was paying £1700 every month.

 

From July until LG last payment in October I am paying £1182 every month.  

 

I think my monthly payment is about £1070. Need to find out exact monthly payment. 

 

I must be paying £50-£60 towards arrears I think.

 

I understand I am in very difficult situation.  Shall I call them tomorrow to not further delay the risk.

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No do not call them

you are doing ok then

 

take control not let them control you and your money.

 

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

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I understand what you are saying but if my case is weak I would prefer to try and come to an agreement before they get the eviction date from court. 

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Who says your case is weak?

not us.


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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I thought you had made an offer earlier this year to pay a certain amount towards the arrears? 

 

You say you are currently not paying towards the arrears - why is that ?


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What if I pay £1000 tomorrow morning towards the arrears? Just to bring arrears down and show that I am willing to pay towards arrears?

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I paid £500 for 6 months towards the arrears.  After 6 months I wanted them to capitalize arrears.

 

I was also slightly struggling to pay 500 every month. I understand I should not have stopped but I made mistake.

 

Shall I pay £1000 tomorrow?

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Any payment you make towards the arrears is a positive step.  Going forward you should only offer and then pay what you can comfortably afford each month.  If you keep stopping and starting payments they will keep harassing you.


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Thanks. I have just checked,  monthly payment is £1175.74, for last 4 months I was paying £1182.

 

I will pay £1000 tomorrow morning.

 

What should be my next step for communication? Shall I write another letter to eviction team to inform them I have paid £1000 and offer to pay £100 every month towards arrears moving forward?

 

 

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