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    • Their letter to you was rather condescending and even rude  "-in order to allow a reasonable driver to be notified of the terms and conditions". So f they do decide to go ahead from here remember that when responding to their Witness Statement as they never get that right. 
    • Trump also threatened blanket tariffs of 15% or 20% on most trade partners, and said he will soon announce new tariffs on the EU.View the full article
    • We still have not seen either the Notice to Driver or hte Notice to Keeper PCNs. As these are legal documents that can help  your case could you please post them up. I did ask last year if you didn't retain the NTD that you send UKCPS an sar. Did you do that? If you don't have those two vital PCNs [not the reminders] can you please send off an asr now. Sometimes the rogues use Trace to confirm their address is till valid with a view to sending out a letter of Claim. If you have received the SAR could you please post up its contents.
    • One more thing Madge just make sure that you include the payment confirmation from the phone app to ECP. this will never see Court if anyone at ECP has the ability to read and understand English. Then send it off to court and ECP. Next -at least one bottle of wine between the two of you and relax. It is over..........................
    • Thank you Restart for posting the original PCN-it is the one that has to comply with the Protection of Freedoms Act 2012 Schedule 4. And thanks to Nicky - I hadn't noticed the word Reminder on the first PCN and wondered why it was posted on the 29th June but Restart said he had received it on the 24th. The original PCN is not compliant with the Protection of Freedoms Act Schedule 4 whicch means that you as keeper are therefore not liable for the charge. The driver is the only one now liable and as you haven't appealed they don't know who was driving so you are both in the clear.  It is non compliant because they have not included the actual parking period just their own ANPR times that obviously include driving from the entrance to the parking place and later driving to the exit. Section 9 [2][a] refers- (2)The notice must—(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; They have also failed to ask the keeper to pay Section9 [2][e]  (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges Sadly although both of you are in the clear there is nothing yoycan do to bring this to a quick close. So you will just have to read piles of letters containg threats and unlawful increases in the amount they are charging. They can all be safely ignored knowing that your case will be thrown out should it ever get to Court. Though Dave is right that a letter to Starbucks might get you a quick cancellation. All you have to watch out for is a Letter of Claim which if received let us know and we can advise a snotty letter to send back to them. The snottier it is the more likely they will decide not to go to CourtIn the meantime read up other cases which have been successfful or ongoing cases esprcially ones similar to yours to understand the way these vile companies operate. Do not contact them as  you might let slip who was driving and that at the moment is your strongest asset.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Hi,

 

Really need some help! I managed to stay an evicition order in November based on my wife being able to return to work in January and her re-starting work (she suffered a brain tumour in July of last year). Unfortunatley her condition has worsened and she now wont be able to work for at least another six months (operations/recovery times/etc.) I have spoke to assenden and they have been demanding full arrears as i didnt make the promised January payment.... This currently stands at £4000.

 

Last week i received a new eviction order dated the 9th of February. I dont suppose a judge is going to take a defaulted order as good, so is this it? am i going to loose my home?

 

I can make offer of payment based on a salary increase i have now received and the fact that (hopefully)my wifes disability claim will be accpeted after appeal! Which will be enough to make the mortagage payment each month alone, with arrears being paid from my salary.

 

We have two kids, both live in the house with us.... please help!

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Dont know if this makes any difference, but i could not believe the amount of arrears so i called Ascenden and apparently the amount includes £850 worth of charges, i followed this up by asking how much i have paid in charges in the last three years, they came back with an amount of £3269!!!!

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Hi there,the judge will want to know the ins and outs of why you did not keep to the order so your witness statement going to have to be good,however there is only 4k of arrears ,how much can you pay off the arrears going forward?Also have you wrote to your lender about these charges,they are outragous.

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I have plenty of supporting evidence, my wife has had two operations since the last hearing and has been in hospital for at least one appointment every week, all because who expected recovery has not happend. I havent wrote to the mortgage company yet, just havent had the time with everything else and never really sat down and looked at how much i had paid! That came as a shock, as without all the charges, i would only be £800 in arrears (less than 2 months repayments!).

 

Do you think i stand a chance hear with the judge, im gutted im back here again, but we have dropped down to one income, cant get any benefits at all (applied and been rejected!) and theirs no sign of it all ending anytime soon!

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Are you able to make monthly payments until your wife does go back to work?

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Hi Ell-enn,

 

Worked through all my finances over the weekend and reduced some outgoings (gas, electric, water, telephone) by extending debt over longer periods of time, also spoke to council and reduced my c/tax outgoings, this leaves me enough JUST to cover the repayments, but would struggle on the arrears.... If we did get DLA benefit, we would be okay... been to a support group over the weekend and everyone else who had my wifes condition has been accepted and is being paid out, it seems it may be more down to us not putting enough detail on the original claim..

 

My wife is also in for an operation a few days after the eviction date, another upevil we dont need before she goes in...

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OK, fill in the affixed budget sheet as you will need to submit it with the N244 application form - even a tiny amount towards the arrears would help your case.

 

Also, see if you can get a letter from your doctor/consultant regarding your wife's condition.

 

Have you applied for any benefits ?

 

Do you have any statements showing the charges being applied to your account?

 

Do you have any children living at home?

 

How much is the normal monthly payment ?

 

Once we have more information I can start to draft a defence statement to go with your N244

Budget Sheet.xls

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This site is run solely on donations

 

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Also, see if you can get a letter from your doctor/consultant regarding your wife's condition. - My wife is under 5 consultants, i have a letter from each expalining her condition and the treatment that consultant is offering...

 

Have you applied for any benefits ? - Incapacity benefit (refused because her NI contributions were not up to date when she had our youngest) and DLA (refused because of a medical report, which said she's deaf and half blind, so cant understand why it wasnt accepted! - I got a copy from them!)

 

Do you have any statements showing the charges being applied to your account? - unfortunatley not, i appear to have thrown them away!

 

Do you have any children living at home? - Yes, one three year old and one 16 year old in further education

 

How much is the normal monthly payment ? - Its approx £410, interest only and changes every month by a few pounds...

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OK, do the budget sheet and see what it leaves you to pay towards the arrears (this will be the amount in Step 3 of the form i.e. income minus outgoings)

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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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OK, have you accounted for everything ? household repairs etc? £100 per month would be OK to offer towards the arrears each month given that the arrears aren't a large amount (if you take off the charges - and we will make that clear to the court).

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Given your circumstances I can't see a judge giving possession to the lender. I'm just back from work - will catch up with you in a bit and we can start to draft a statement.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi there, I have affixed an N244 form and below are the instructions for filling it in - I will affix the statement for Q.10 of the form in a few minutes.

 

Have you printed out the completed Budget sheet?

n244_0400.pdf

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Hi, affixed is the statement to go with Q.10 of the N244. You need to fill in the info where there are XXX's in the statement (remove the XXX;s) read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the letters regarding your wife's condition - write the Claim number on the top left hand corner and Appendix 1 on the top left hand corner. do the same on the budget sheet except it will be Appendix 2

 

 

 

Now assemble as follows:

N244 - signed

Statement - signed

Medical Letters - 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 £35.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there.

Helpme23 N244 statement.doc

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Sorry, forgot to post the instructions for completing the rest of the N244:

 

1. Your 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

Sign and cross out all options except Applicant

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

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If you have a pay slip with the increase in salary then you could affix a photocopy of that with the budget sheet (put Appendix 1 on the photocopy).

 

I don't think you'll lose given the situation with your wife's health and the fact that you have an income and can pay towards the arrears. However, you will have to keep up the payments going forward.

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You will have to take the N244 to the court personally and as soon as possible in order to get a hearing well before the eviction date. You should try and get it there tomorrow if at all possible.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi there have only just had chance to read your thread properly.I would certainly be questioning why your wife was refused DLA,i would have thought she would have been a certainty taking into account her condition,i would be on the phone about that if i were you,sooner rather than later.Another point i want to make is about these charges,3k of charges is outragous to me and a good place to start would be a formal complaint to your lender in letter form making it clear that unless any unfair charges are refunded to your acount you will be contacting the F.O.S.I would recomend a S.A.R request which might uncover some more useful information which could be helpful to you in the future.

 

As for the hearing,because of your wifes health and you have 2 children at home you should be fine.The arrears is low and 100 per month offer should get the order suspended,however just a word of caution here please please stick to the agreement as you wont keep getting these orders suspended,only last week i was at the county court and a couple there applying for their fourth eviction suspension went in front of a very unsympathetic judge (i dont think they were in the court room 2 mins) and that was that,evicted

However you should be fine,your paperwork looks ok so i wouldnt worry too much but chase up those charges,daylight robbery!

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OK, let us know what date the hearing is.

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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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Sorry didnt get on yesterday! Went to court and date set for this friday. I have also phoned today and made Februarys payment with £100 towards the arrears - thought that may help my case?

 

They didnt seem to happy with the fact that i had filed the paperwork in court and proceeded to tell me the judge will not agree to my offer!

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