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      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.  

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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.

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      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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Court Hearing


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Morning all,

 

We have over the last twelve months got into arrears with our mortgage to the tune of £2550.00 due to the fact that i lost my job and my girlfriend is self employed and her wages have been reduced.

The mortgage is in her name but i have been contributing as i live with her.

I am now working again and earning a reasonable salary.

We have A repossession hearing on 11th sept.

We have been paying approx £200 per month on top of our standard payment but still owe £2500 in arrears.

What is the procedure and what do we need to do to keep our house.

Also i have been trying to contact a court housing adviser at Blackburn with no luck .

Will there be someone there to advise us on the day.

Help! we are at our wits end with this and don't know what to do !!

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H, there, have you had court papers for this hearing? 12th September is not a lot of notice.

 

Kind regards

 

Ell-enn

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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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Hi,

We have received court papers and have also talked to an adviser from abbey who said the last thing they wanted was to repossess the house and they just wanted to put an order in place to repay the arrears and this was standard practice .

after receiving a witness statement from them yesterday i now realize i was a bit naive and they could still repossess our house.

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Hi there, did you reply to the court papers i.e. did you send in a defence?

 

Ell-enn

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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, OK, we can do a statement for you to take to court and hand to the judge.

 

The first thing you need to do is download a budget form here National Debtline England & Wales | Personal Budget Sheet

 

Complete the form to include your contribution to the household budget. It's best to to one in pencil as a "practice" so you get the figures right. Don't underestimate anything - it's best to slightly overexaggerate costs in case of price increases or unexpected expense. Make sure the figure left over after all income and expenditure is the amount you can afford to pay extra on top of the normal monthly payment each month.

 

You won't have a problem getting the possession suspended, no judge will order possession at the first time of asking when there is a stable income that can maintain payments towards the arrears.

 

I'll start to draft the statement while you work on the budget sheet. Let me know when you have completed it.

 

Do you have any children?

 

It is very important that you attend the hearing, but it isn't as traumatic as you might think. The hearing is held in a private room with just the judge, yourselves and a representative from the other side. It should take no more than 10 minutes.

 

Kind Regards

 

Ell-enn

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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, leave no 6 blank - that's for if you are making offers to several creditors.

 

I'll br back this evening with your statement (I have family for dinner at mo)

 

Ell-enn

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.

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Hi, sorry for delay. Affixed is the statement for court. You need to insert the info where I have left spaces in the brackets at the top and also where I have put XXX's.

 

On the budget sheet, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

You will need three copies (staple a budget sheet to each statement) - one for the judge, one for yourselves and one for the other side.

 

You should arrive in court in plenty of time, and if there is a duty solicitor in attendance, ask him to accompany you for support. When the judge addresses you, you should say Sir/Madam - can I give you an up to date statement, and then just hand it over.

 

I'm sure it will go well for you.

 

Any questions, just shout.

 

Kind Regards

 

Ell-enn

Paul09 Statement.doc

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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,

we went to the court yesterday about an hour before our hearing.

We spoke to a court duty solicitor and the Abbey Representative before going in to see the judge. She agreed our offer beforehand and we were only in for about five mins.

Hopefully that wont happen again.

 

Thanks again for the advice .

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That's brilliant - great news!

 

Kind Regards

 

Ell-enn

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.

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