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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I have a hearing date about the n244 i filled in


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I ticked the box 'without a hearing' but I don't mind, i'm happy that i'm getting a chance to heard.

 

How do I argue my case besides what I wrote on the form in the first place?

 

What info do I need to take with me & is this the same as the hearing that was stayed? Could they make a decision on the whole case or is just to see if my case can continue?

 

One worrying thing is that the letter says it could be heard by another judge in a different court. I really couldn't afford to travel too far away from home.

 

Thanks in advance.

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Hi SC,

 

How do I argue my case besides what I wrote on the form in the first place?

 

 

Did you use the template from here?

 

What info do I need to take with me & is this the same as the hearing that was stayed? Could they make a decision on the whole case or is just to see if my case can continue?

 

 

You could print out the settled litigation details for your bank. If you are arguing hardship any evidence related to that eg bank statments or take along a budget sheet showing your income and outgoings (There is a budget sheet in the templates in the debt forum). They won't be deciding the whole case just the stay.

 

One worrying thing is that the letter says it could be heard by another judge in a different court. I really couldn't afford to travel too far away from home.

 

 

This is quite a standard thing that is written on most court orders. I'[ve yet to see one that has been transferred.

 

Best of luck

 

Zoot

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Michael

 

Can I just ask then - if in principle you are not claiming hardship - are you saying that it is not worth filing N244?

 

I have been asked to go and see the judge on Tuesday regarding my claim. And I am losing a days wages to do so. I sincerely hope I am not wasting my time.

 

Yes I have followed the templates here.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Can I just ask then - if in principle you are not claiming hardship - are you saying that it is not worth filing N244?

 

Not at all. If you can demonstrate financial hardship, then obviously that's an additional advantage (although if you can, you might not see it as such!!)

 

Without it the chances are admittedly much smaller, but I still believe it is worth applying to have the stay refused and it has been successful on several occasions

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Thanks for that

 

I have a few more arguments up my sleeve - but i am not posting them on my thread(in this section) for fear of moles:p

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks Zoot. I got the idea from here & followed the guidelines for filling in the form, I used the hardship paragraph, then deviated a little to show how my case is different to the test case. Didn't put all the case stuff in because i didn't understand it. So I could take all that with me, as evidence, right?

 

I've read on someone else's thread that they argued about not receiving the banks bundle or something, well I didn't either, so thought I could mention that at the hearing?

 

Didn't think about using the details from the litigation section, thanks!

 

Michael, thanks for that link, that's going to be useful for lots of other reasons too!!

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Thanks Zoot. I got the idea from here & followed the guidelines for filling in the form, I used the hardship paragraph, then deviated a little to show how my case is different to the test case. Didn't put all the case stuff in because i didn't understand it. So I could take all that with me, as evidence, right?

 

 

Yes

 

I've read on someone else's thread that they argued about not receiving the banks bundle or something, well I didn't either, so thought I could mention that at the hearing?

 

 

 

Yes they should comply with all directions from the court until a stay has been ordered by the court.

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Please see my posts regarding my stay and the application for it to be lifted - success even though HSBC sent a London Barrister!! I hope the information I have written might help. Remember the Master of the Rolls has issued specific guidelines - NOT 'do what you like' to the judges!!

Regards and best wishes to everyone - My post will tell you all about the Trial bundle the bank didn't send!!

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If you go to the FSA statement on the internet you will see there is a specific statement about hardship cases being filtered through (also on my thread in A&L successes)

 

Maybe you could use this as well?

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Received notice today that I have a hearing in Oct re the stay removal request that I submiited - is this normal? I can't find anything on here re stay removal hearings.

 

Claim against Barclaycard

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Received notice today that I have a hearing in Oct re the stay removal request that I submiited - is this normal? I can't find anything on here re stay removal hearings.

 

Claim against Barclaycard

 

 

read my thread in A&L successes

 

then start your own thread here

 

I am sure you will get some help - I had exactly the same as you and have just had a settlement before the hearing

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Hi

 

No they did not - and I did not try and negotiate before as I felt it would weaken my position- they only called 1 working day before when I complained about the solicitors attitude. But that is the A&L all over leave everything to the day before or the date of the hearing.

 

Which bank are you against and are you able to claimas a hardship case?

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

I'd take proof from posts on this site of the A&L leaving things to the day of the hearing and cite abuse of process for them - leaving things to the day of the hearing is frowned upon and should give the judge another reason not to let them have a stay.

 

Also if they try to settle outside court on the day say NO very firmly, I will see what happens inside - for good or bad.

 

Abbey tried this with me and said I wasn't co-operating, I said they had plenty of time to sort things out and shouldn't have come up with an offer giving me a five minute period to decide. Their offer was wrapped up in legal language and the Judge didn't like that either, he said there were too many terms and conditions for a final offer. This was a few years ago and not on a bank related problem.

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