Thanks for the response. Estimate attached. BMW Estimates.pdf

Hi all, hope you can help. I've received a £4k repair estimate from the main dealer after my 2016 F30 330e developed the dreaded drivetrain error. The qoute is for a replacement cell module and associated labour and various bits and bobs to get it done. I initially had them investigate the issue when it first popped up a year ago. They replaced the auxillary battery which 'fixed' the issue for a few months before returning. Last Novemner the issue escalated to 'Battery not charging' which would clear after powering off the car , and disappear. Took it into the dealer and they diagnosed a faulty high voltage battery under the boot but could not do any work as they needed to schedule more cars for this 'specialist high voltage work'. they said I could continue to drive the car until they got in touch when the car could be booked in for repairs. Roll on to April, the issue became severe (battery not charging error not going away, car in limp mode one morning) and car completely died at a traffic light same day (dashboard flashing all over the place), couldn't engage in 'Drive' and had to be recovered by AA to the dealer. Turns out car was now only running on the 12v battery in the boot and that had run flat as the hybrid function had stopped working altogether. My question is whether this is a reasonable estimate. Could this be done cheaper elsewhere? The dealer has serviced this car from new hence took it them in the hope they'd not point fingers at any other party. Should I be paying for this at all since I raised the issue with them before it escalated and resulted in a now expensive fault? I also suspect the KLE may have gone too based on other posts, but the dealer hasn't quoted for that yet. I worry they'll' 'discover' that after I've already shelled out for a new cell module and end up lumbered with another bill to replace the KLE. Feels like I know about what they need to do than they do. The Service Advisor has been completely useless. Any advice would be greatly appreciated.

Hi all, We received a judgement from the county court for the reposession of our property if we dont pay the judgement debt of £2,450 and costs of £1,450 for an outstanding Anglian Water debt. This despite us having a arrangement direct with AWS to pay £50 monthly on the current balance. The judgement applies to 2 x charges against the property made by AWS which went to court. Is it possible to defend against this judgement at such a late stage? Judgement was made on 25th Jan giving us 28 days to deliver possession of the property to AWS.

Have sent off the N56 form with the offer and ticked the application to suspend box and stated the reason being the recent increase in pay with income and expenses completed to show a little left over money to put towards the offer. attached payslip and now we're hoping for the best. Will update when we hear back. Many thanks for the advice as always.

Thanks for the responses. The CCJ was sought by solicitors on behalf of a DCA. I can make an offer based what we can afford which is £100 per month, reason being we can now afford to make the payments since i got a raise not too long ago. I just wonder if the solicitors can just refuse our offer and persue the Attachment order, or does the court decide if our offer is reasonable?

Hi all, I recently received a CCJ on an old loan from Blackhorse from around 2008. I have now received an Notice for attachment of earnings order which I must respond to in the next few days. As my financial circumstances are a little better than before, I intend to make an offer to voluntarily pay off the amount (£3700) without my employer being ordered to make deductions from my pay. I understand I need to ask for a suspended order and attach my latest payslip. My questions are: 1. How to I go about applying for the suspended order? what forms and supporting documents do I use? 2. What is a reasonable time/amount that I can offer to pay off the debt in? Would £100 per month over 37 months be reasonable for example? Or will they expect a shorter time? 3. Will I need to attend court? Any advice in this matter will be greatly appreciated. With regards

Brief history as follows: Last June, we had some outstanding council tax arrears which we subsequently paid direct to the council, minus excessive bailiff fees (at the time, well over £800!). Shortly after we paid the council, we woke to find wife's car clamped in our driveway. Car was then towed last July and stored until we received a "notice of sale" this June. The notice of sale showed the debt bailiffs were chasing was approx £500 in fees, £200 storage. And the £1100 car was shown as worth only £150 ahead of auction! Heard nothing since, assuming they had sold the car, until a txt from a bailiff last night threatening removal of goods and a van on the 1st. Demanding payment of just the £500 in fees, and threatening additional fees. Are we to just pay the £500 and rid ourselves of the bailiffs, or are we succumbing to their heavyhanded tactics too easily? Would appreciate any advice you can provide.

Hi all, Good news! Eviction suspended as judge felt we were making attempts to remedy the situation. Scheduled for review in 6 months. I didn't even need to say anything. Remarkable , considering the stress this causes from the day the eviction notice is received. What can we do to get the suspended repossession removed altogether? The claimant's representative seemed a little reluctant to explain that we were in court because of effectively 1.5 missed payments. I just feel that after 12 months of regular payments, we should be able to apply to have the suspended possession order removed. Are we being realistic? Thanks once again for your help.

Hi, I've just sent you the draft text. Hopefully you'll have time to review Thanks

Yes I have a previous copy I can ammend. Could I send you my draft to check please ?

Thank you Ellen I haven't drafted one yet, was going to do that this morning based on the same points raised above. Hoping to submit N244 today as I have the day off work.

Hi all, Following the last adjournment mentioned in the previous post, we have since received an eviction notice as we missed a payment in Dec '13 and Mar '14. These being the only payments we've missed in the last 15 months. March default is very bad for us as it included £500 we had offered to the solicitors to make up December arrears of £1000. Basically we made the offer to pay 1000 arrears over 2 months ( Feb , mar) as we felt we could afford this at the time. Paid Feb , but failed to pay March as my wife unfortunately lost her job and march payment was now not possible. So I have the following questions: As we have been in court over this case several times to stop the eviction on previous occasions, is there a limit we may be crossing where the N244 and reasons we give may just not be acceptable to the court? The solicitors recently said this was the 5th time an order had been granted. Given that the most recent payment history has been reasonably good, we complied with the judges order from Jan '13 to Nov '13 when then first payment was missed for which we then made an albeit ambitious offer to correct, could this play in our favour at all ? Or will the lender just claim that this mortgagee is simply unaffordable as they have previously tried? I have received a pay increase from March 1st which will help, and the wife is now back working. Will this be enough to have the eviction suspended again? We currently pay CMI +£150 towards arrears from the original order. We could increase this to CMI + £200 to cover the march default, would this be reasonable to ensure we didn't overcomitt ourselves? I anticipate the lender will want more , especially if I include my modest pay rise information in defence of ability to keep with payments I hope someone can offer some advice on this. I'd like to submit a N244 tomorrow if we can present a decent defence. Many thanks for your assistance.

The background is that a previous judgement of a suspended order for possession was made a few years ago (circa 2008) when the arrears were much higher and the balance was in the thousands. We kept up with the arrangement as per the order and i was sure this was now done. ...except for this 1 final payment to clear the balance and settle the account.

Hi all, We recently received an Eviction Notice regarding a single outstanding final payment of £475 on an secured loan. The claimant say they have written to us before applying to court (but my wife says she never saw the letters)... Anyhow, I was prepared to pay the outstanding amount of £475, but the lender says there are additional legals fees of £389 from their external solicitors that would also need to be paid to stop the eviction. Is this correct? or will our payment of the outstanding £475 be sufficient to stop the action? I am in the process of completing a N244 form. Any advice would be greatly appreciated.

Hi Ell-enn, Strangely enough, got home after work this evening to find a letter (Notice of Adjourned Hearing) from the local court to say the hearing had been adjourned with liberty to restore. Does this mean they have gone away....for now. But why would they have applied in the first place?

Hi Ell-en. We haven't received anything apart from the Notice (N244A)

Hi there, We have an URGENT update on this situation: We had a Suspension of Eviction granted after the judge ordered that should pay a fixed amount each month (which was lower than the CMI) for 6 months (ending June), after-which we would then begin to pay CMI+£100 towards arrears. This order has been kept to with no defaults, however we recently received a "Notice of Hearing of Application" (N244A) Notice, stating that the claimant has applied for an Amended Order, and thee hearing is in 2 weeks. We have a couple of concerns.... 1. If the judge already stated in his previous order that we would pay CMI + £100 towards arrears AFTER the fixed monthly payment arrangement ended after 6 months (which it now has), what would the claimant be trying to achieve by seeking to Amend the court's order? 2. Since the CMI is much higher than the fixed monthly payment we've been paying (an increase of £350 ,although it still just about affordable), could they be trying to argue that we cant afford our home and seek to have our home repossessed at this hearing? What steps should we take ahead of this hearing to ensure we don't get a nasty surprise on this day? I'm assuming there is no question about whether we need to attend, even though we have not received any copies of their N244 application. (Would we even receive this?) I would appreciate any advice that anybody can give in this situation. Kind regards,

Great news is that the eviction was suspended. Judge was satisfied that we were doing something to sort the situation out and that the repayment amount would only be temporarily unaffordable whilst we either got a decision on switching back or we arranged our affairs to manage the repayment CMI. Gives us a bit of time to explore our options. Thanks for the encouragement gemspan, helped us remain a little positive, but very nervous throughout. This site has saved our home once again.

hi everyone, i wondered if anybody has any advice on our situation. We appreciate there is a strong chance we'll lose our home since there is a big increase in what we have to to pay monthly, and very little time to do anything. Total arrears are £3600 and we had 12 yrs remaining on the mortgage. We just need guidance as to what's a realistic expectation given the situation. Many thanks again

Hello We received a Notice of Eviction after accruing arrears over the last 3 months due to the mortgage switching from Interest only (CMI of £355 + £100 towards arrears) on a previous suspended order from June 2012. All was OK until the CMI went up to £840 which we honestly cannot afford right now. We contacted the lender (big red high street bank) about switching back to Interest Only until our finances improved as we clear some debts. They advised to keep paying what we had agreed in the meantime, but to contact their Solicitors about applying to switch mortgage. I spoke to the solicitors who first said it would likely be unsuccessful to try that since it was at the discretion of the bank and "they don't normally allow customers to switch to Repayment Only more than once". But since we now have an eviction notice for the 8th Jan, will the judge accept the reason why we have accrued these arrears, and that we are in the process of switching from repayment to Interest Only which we can afford. I can show proof that we have honoured the original agreement when CMI was 355. I'm also worried that we have used the N244 before now. Will the judge think we're taking the proverbial? Although I would go to court 100 times to protect our home. Any advice is much appreciated. Many thanks

I'm in full time employment, and other half now self employed. Original monthly payment on agreement was £460, last court order we agreed to pay £630 to clear arrears. Cannot realistically afford to offer more than extra £50 , making a total monthly payment offer of £680pm.

Thanks Ellen, Decided not to submit n244 for the same reasons you site. Will write to lender with new offer.(could use your guidance on that). Will send you draft statement we intended to submit with n244. Interesting that no-one at the court seemed to know what happens after warrant of eviction date expires.

Yes we completed N244 as before (incl.Income/Expenses + Statement + copy of direct debits since last September showing all payments on time....until we missed April, May and June since we went back to 1 income became overstreched). Found the following info on Applying to Vary a Possesion Judgement (from Avoiding Evicition From Your Home at Housing Repossessions (UK)) Applying to Set Aside or Vary a Possession Order This type of application is most likely to be made by a borrower who did not know about the court proceedings and / or the hearing at which the possession order was made. When a court issues a claim for possession they will send the borrower a notice giving the date and location of the hearing. The lender is legally obliged to send a letter to the property giving the time, date and location of the hearing. However, this letter must be addressed to “The Occupier” and is frequently ignored by borrowers. If all the necessary documents have been sent to the correct address they are deemed to have been delivered and the lender is entitled to ask for a possession order. This is true even if it can be proved that the documents were not received by the borrower. To have a possession order set aside, borrowers will have to prove that: they had a good reason for not attending the hearing; AND the possession order would not have been made if they had been present. If a borrower did not receive notice of the hearing this may provide a good reason for his failure to attend. However, the borrower will still have to convince the court that the possession order would not have been made if he had been present. When a mortgage is in arrears and the lender’s case has been correctly presented it is highly unlikely that a court will agree that the possession order should not have been made. To succeed in his application the borrower would probably have to prove that: the lender had acted incorrectly; there was a problem with the way the lender had presented their case; the arrears had been cleared or significantly reduced when the possession order was made; or, there was a valid defence to the claim, (rare in mortgage cases). Strictly speaking, the judge should look at the circumstances as they were at the time the possession order was made. For example, if a borrower has cleared the arrears since the possession hearing the possession order should not be set aside because the lender was entitled to it when it was made. Applying to Vary a Possession Order after Failure to Attend a Hearing A borrower may argue that a suspended possession order would have been made if they had been at the hearing. A judge will consider the borrower’s financial circumstances and decide whether to substitute a suspended possession order. If the borrower can satisfy the judge that he is able to make payments it is highly likely that a suspended possession will be entered. The borrower may also be asked to explain why he did not attend the hearing. Applying to Vary a Possession Order after a Change in Circumstances If a borrower can no longer afford the payments he originally promised to make he can ask the court to reduce the payments required for the possession order to remain suspended. A note of caution – the lender’s representative may argue that it is evidence that the borrower cannot afford the mortgage at all if: The borrower has failed to make regular payments of the monthly instalment plus the amount he now says he can afford; or, The original possession order provided for very low payments towards the arrears. If a borrower’s financial circumstances have improved since the possession hearing, and he can now afford to make payments, an application can be made for a suspended possession order to replace the outright order originally granted. Conclusion There are steps that can be taken to set aside or vary possession orders but they are not guaranteed to be successful. Most judges will take the view that the lender is entitled to a possession order if there are arrears on the account and the lender’s case is correctly presented. It is up to the borrower to convince the court that an order should not have been made or that a suspended possession order is more appropriate So is it advisable to apply for this instead? (Question 3: on N244) Urgent responses appreciated (hoping to submit N244 by 2pm today)

Hi Ellen, Yes this is the same case as last SEptember (secured loan). Went to submit n244 this morning seeking a suspension of eviction on the basis that our finances are much better as of July 1. The court was also surprised that nothing had happened on the 12th as expected. They checked with bailiff who said they failed to execute the warrant on account of not getting a locksmith on the day. Court lady advised that we should be seeking a variation instead of suspension of eviction as the eviction date on the warrant has passed. Not sure if this is the best thing to do. Btw, That costs £75 instead of £35. She also said that the lender will have to reapply to the court for another warrant since they failed to execute the previous one. Is this correct? In the meantime, we need to decide tonight whether to apply for a suspension or variation...before they gazzump us with a fresh application for a warrant. The letter from the bailiff is a n54 notice of eviction. Says we had to vacate on the 12th at xx:xx Many thanks for your support Ellen and others.

Hi all, Received an eviction letter last week stating eviction date was the 12th. My partner only showed me the unopened letter today (13th) along with a previous Notice of Eviction Letter she didn't show me several weeks ago (was worried as we've been through this once before, and this is her mortgage, her property) Anyway, we intend to defend the action and just wondered if an N244 submitted tomorrow morning would be possible given that the date has expired. Many thanks