Jump to content


  • Tweets

  • Posts

    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
    • Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.   
    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Acenden


nigrob
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1514 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi , the possesion order was suspended about 2009 as long as i paid £50 ontop of the Mortgage , when i stopped receiving Company sick pay i went onto SSP then Contribution Based ESA @ £65.00 / week .

 

I am now receiving enough to just cover the Mortgage but still await the decision on Support for Mortgage Interest.

 

The £1500 i offered was going to be paid in about 4 weeks as i am still waiting to receive it so at that time i will be looking at paying the £1500 + £420 Mortgage + £30 arrears.

 

I have 25 years + left on the Mortgage as the terms were extended when i wanted the arrears sorting out in 2008 , they changed the terms but did not add the arrears onto the balance.

 

I have 3 children in the house also , the Budget will be tight and i fear tht Acenden may go down the Can't afford it route.

When i was unable to pay the Monthly payments i wrote to them asking if they would accept a token payment of £50 / month but they refused this also .

 

If the FSA recommend to use eviction as a last resort why do Acenden / Capstone insist on paying full arrears before they can do anything , they even refuse the move to interest only Mortgage .

Link to post
Share on other sites

  • Replies 106
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

You state that you are receiving just enough to cover the mortgage payments - but are you actually making those payments? If not, resume payment today and continue to make that payment. If you do end up in court, the court will look favourably on the fact that you continued to pay as much as you could.

 

My suggestion would be to pay as much off the arrears as you can, in order to reduce them, again this will look favourable in court - but only do so if you can genuinely afford the payment. Do an income and expenditure sheet and double check precisely what you can afford.

 

It is not surprising they did not accept the 50 quid token payment - but you should have paid it anyway. Whatever you offer, always ensure you make the payment - it shows the court, when court action is finally taken, that you make agreements and stick to them. When you don't, the court has no proof that you will stick to any agreements made.

 

You have sufficient time to repay the arrears over the term of your mortgage, under case law (Norgan), so long as you keep to the agreement. Even though they already have an SPO, all is not lost, so long as you can show the court that you can afford to pay ongoing.

 

How long have the DWP said it will take to sort out your SMI?

 

Since Acenden haven't issued proceedings as yet (they already have an SPO so they may simply go for a warrant of execution - in which case you will get a notice of eviction from the bailiffs), then you will have to wait to see what action they take - they may ask for a further hearing, and you should definitely attend that - if not, and you receive a notice of eviction, then you should fill in a form called the N244 - and apply for a stay of eviction.

 

Let us know what happens next, but please don't leave it to the last minute - post here as soon as you know what action they intend to take. And please follow the advice regarding making any payments you actually offer to them.

Link to post
Share on other sites

Hi , thanks but it isn't the one , its just a calculator to add up the fees that have been charged along with 8% statutory interest from the date of the charge being levied to the mortgage account.

 

Thanks

 

Nicurro

Link to post
Share on other sites

HI ,

just been contacted again by Capstone/Acenden today to see what is happening with my mortgage.

Explained last year that i had a long term illness and had been off work for 6 months.

Tried mortgage rescue but it didn’t pass the criteria.

 

Capstone have charged me £1900.00 in charges since 2007 , my arrears is now £8500+ and rising due to charges.

Applied for Mortgage Interest Support but still waiting decision.

 

Tried to make them a payment offer today but they said that they couldn’t accept it due to arrears on account.

 

They already have a Suspended Possession Order and now they are starting to apply for Eviction.

Wish i had never started with them.

Please help someone…..

Link to post
Share on other sites

hiya,

 

Ell-enn is normally the one thats good with these forms, however if you have a read around of other threads, it should give you an idea of how and what to fill in, in the meantime, Ell-enn ( who works ) will be around soon.

Link to post
Share on other sites

I have been issued a warrant of eviction by the Bailiff . My mortgage is with SPML / Acenden .

I have around £8000 arrears and have been off work through illness for 15 months.

Just been to CCCS who have created a budget sheet showing that now my benefits are in place i can now afford the mortgage + £50 towards arrears.

 

Sent this to Acenden but not heard from them yet.

 

If i try to make an arrangement with them they refuse unless a lump sum payment is made.

I feel they are just using this now as a threat and not wanting to help .

 

Can i get the eviction stopped by going to the County Court and if so how?

 

Also , around £2000 is made up of charges and i wondered how to start to reclaim these and if anyone has had any success with climing back the charges.

 

My reasons will be that i am now almost well enough to return to work and expect that i will return in about 8 weeks , this will increase my income above what i currently receive in benefits and make the payments more affordable.

 

The CCCS have produces a budget sheet which shows affordability now all the benefits i am entitled to are in place including the Support for Mortgage interest benefit which has been backdated to March 2011.

 

I will also be able to make a payment of £1000 as soon as i receive the money which is expected to be in the next three weeks.

 

These are my main reasons but do i still need to explain that i have had an operation on my spine and the recovery has not been as quick as expected and that when i applied for Mortgage Rescue i was told that Acenden would not take any further action until the decision had been reached on this.

 

When they found out that the Mortgage Rescue would not be going ahead they then decided to add on 4 months of charges and started eviction process.

 

I also have three children in the property one of whom suffers from asthma.

 

Please advise.

 

 

Link to post
Share on other sites

Hi Nicurro, thanks for your message. Affixed is an N244 form - I will draft a statement to go with Q.10 of the N244 and post on here either tonight or tomorrow morning. You will need a copy of your budget sheet, the letter you sent to Acenden and the royalmail proof of delivery.

 

These are the instructions for the rest of the form:

 

1.Names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

I'll be back as soon as I can.

n244_e.pdf

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.

Link to post
Share on other sites

Hi Nicurro, thanks for your message. Affixed is an N244 form - I will draft a statement to go with Q.10 of the N244 and post on here either tonight or tomorrow morning. You will need a copy of your budget sheet, the letter you sent to Acenden and the royalmail proof of delivery.

 

These are the instructions for the rest of the form:

 

1.Names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

I'll be back as soon as I can.

n244_e.pdf

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.

Link to post
Share on other sites

ok, dont be forced into an arrangement that you cant afford, your lender cannot refuse any payment that you make to them, ( they will moan and complain that its not what they want, but they cannot refuse it..... ) I think Ell-enn will agree that this can only strengthen your case when you get to court. IE your not ignoring yuor debt, your just asking for assistance....

 

It has been said many times on this forum, that a judge will not hand possession over to the lender, if there is some other option, you say you can pay and you have an I&E form to back this up. So I cant see any reason why you wont get a suspended possession order.

Link to post
Share on other sites

ok, dont be forced into an arrangement that you cant afford, your lender cannot refuse any payment that you make to them, ( they will moan and complain that its not what they want, but they cannot refuse it..... ) I think Ell-enn will agree that this can only strengthen your case when you get to court. IE your not ignoring yuor debt, your just asking for assistance....

 

It has been said many times on this forum, that a judge will not hand possession over to the lender, if there is some other option, you say you can pay and you have an I&E form to back this up. So I cant see any reason why you wont get a suspended possession order.

Link to post
Share on other sites

Hi, affixed is the statement to go with Q.10 of the N244. You will need to enter the info where there are XXX's (remove the xxx's), both at the top of the statement and also in some of the paragraphs in the statement. When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

On the copy letter you sent to Acenden write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

Now assemble as follows:

N244 - signed

Statement - signed

Letter to Acenden - Appendix 1

Budget sheet - Appendix 2

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash (if you are in receipt of certain benefits you may be exempt from the fee - I have affixed the Court Service EX160a leaflet explaining this). The court staff should be able to give you a date for the hearing while you are there.

 

Anu questions, just shout :)

nicurro N244 statement.doc

ex160a_web_1010.pdf

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.

Link to post
Share on other sites

..

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.

Link to post
Share on other sites

Hi, thanks for your message with further information. Please keep communication on this thread as it helps others who might be in the same situation.

 

Affixed is the amended statement to go with the N244. You need to read it through carefully and enter info where there are xxx's.

 

Any questions, just shout :)

nicurro N244 statement.doc

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.

Link to post
Share on other sites

You are the Defendant - the Claimant is the name on the eviction notice.

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.

Link to post
Share on other sites

You are the Defendant - the Claimant is the name on the eviction notice.

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.

Link to post
Share on other sites

Yes, they should be able to give you a date while you are there. Don't forget to take the £40 fee in cash. Did you take a photocopy of it all for yourself to take to the hearing?

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.

Link to post
Share on other sites

Hi , yes i have a copy of it , do you think it will be difficult to stop it as i am concerned that they already have a suspended possession order from 2008 .

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...