While I have been away, a bailiff has been to our home re council tax. The council tax bill is in my name. I owe 347.65 and he has added 35 Levy Fee and 110 Attendance van fee. He has left a Notice of Distress and address to me and All Others who it may concern. He has left an Inventory which states my friends car (he left it here as we got a taxi from my house to the air port) and my wifes car. None of these are in my name. It is Rossendales. The Inventory is obviously not signed by me but only the bailiff. Where do I stand please ....

Am i not right in thinking that they will just offset the amount against the original agreement. The OP is only paying a reduced rate so couldnt they use this to bring her up to date

Hmm But surely you as the account holder can make a subject access request and be told the credit card number ?

Thanks for the replies You have basically confirmed my first thoughts so I thank you. Oh well, another N1 to prepare if he doesnt agree.

To be fair I did do a bit of research about this before I asked and found this http://www.adviceguide.org.uk/c_buying_at_auction.pdf The laptop was sold as New by a limited company and as such, imo, has to comply with the SOGA as described by BF. In his refunds policy on ebay he states this Damaged / defective goods can be returned free of charge and an alternative unit will be supplied or refund made (sellers discretion) If you are returning goods for another reason then we are happy to accept them, but they must be with original packing. Refunds will be less shipping and insurance costs. Then in his add, behind a tab that isnt visible straight away, you have to press it to view it it says Goods bought at fixed price can be returned within 7 days of delivery. However once opened goods can not be returned as unwanted. Software once opened cannot be returned. This includes computers on which software is pre - installed as using it means you have accepted the licence associated with it and it cannot be legally transfered to another user. Cancelled orders are returned at the buyers expense. Goods bought at auction are sold as seen and are exempt from our returns policy. All goods come with a manufactures warranty and technical support. Now I know someone mentioned that if they are sold as seen then I have no rights but this policy was hidden behind another tab and for whatever reason, I was buying a New laptop from a comapany. I didnt notice this tab until the seller pointed it out to me. Will this make any difference. As far as I can tell it shouldnt as I have bought from a company, not an individual Goods which are deemed faulty by the manufacturer can be returned to us within 7 days of purchase after that, repair or replacement will be at the manufacturers discretion

Bought a laptop from Ebay and received it. It didnt work. I informed the seller (Who is a power seller and has his own business and website) and told him. He told me to send it to him and he would send it to the manufacturer. This could take upto 3 weeks. I said, er no sunshine, I want a new laptop or my money back. I would prefer a new laptop as I have one of these already and they are excellent. He said no, return it. I said under SOGA it isnt fit for purpose and he said as I have bought at auction SOGA doesnt apply. I doubt VERY VERY much that this is true but can someone advise. Thanks

You are only being asked for your Driving Licence as you are buying the car on finance. I bought a brand new car from a dealer in cash 8 months ago, no Driving Licence required, just the £50 notes It is only required for the finance agreement, as are most financial loan applications.

Hi I have been claiming IS for about 18 months. My wife in April 08 started a part time job working 17.5 hours per week and as such, we could still claim IS of about £25 per week but more importantly, our mortgage got paid. I had a review today and the lady said, are you claiming WFTC and I said no, only the CTC. She advised me to phone the tax credit office and explain. I phoned and the man who took the details said yes, it sounds like you will be in for an increase, it takes 4 days to sort the reward so phone back Monday. Can anyone advise IF this would be backdated to April when my wife started to work Thanks

I had something similar I was asked to attend as my wife had started part time work. I had been on IB for a year with depression and had nothing to do with the accounts. When I attended a Interview after being signed off by their doctors for a year, I told the woman there and then about my wife, she noted it and said I had to write in. I never did I then had the interview and I phoned a solicior the day before and I received free representation. I told the truth and the investigator was understanding. Rather than prosecute, he agreed to me repaying the money back at £3 per week and I was "Penalised" 25% of what I had been overpaid.

Has the solicitor explained that their costs wont be recoverable if they are found liable.

Hmm, think it will be the N349 If it was over £600, I would have used private sheriffs who would have been in the next day, however, the bailiffs would have been the courts own and they are not the quickest to react.

Got the order and they have to pay the costs by Monday. If they dont, what do I do. Do I issue summons or do I send in the bailiffs. I see no reason to do a LBA as the Judge has told them what to do.

Always amazes me on here when you put a point across that doesnt agree with the OP they have a dig. I take my kids to Sanford 3 times a year and Sydney once. I go once a year with my wife. My children are 7 and 11 so yes, they are very well travelled children.

I dont meant to sound funny and your reply will be that Im not a Doctor, but stress of a long flight. I go to Sanford 3 times a year and Sydney twice a year so I dont know how you would say a 14 hour flight to Sanford would make you ill when a flight to Sydney is 23 hours

Im confuesed. If what they say in the note they want you to sign is true, and we dont know if it is, they dont have to have it set aside. They have paid the judgement within 28 days havent they. If they have, they pay £15 for the judgement to be removed.

I WON I WON I WON Yeeeeeee Haaaaa Went to court and sat down. Their agent started re section 176 (I think) about a notice is deemed served if proff of being sent is available. He quoted a case law where a defendant had claimed either his son had had it or the postie had not delivered it. It was deemed onus on the creditor to prove sent, not delivery. He then went on about the screen shot saying it had been sent and refering to the copy of a blank default notice that we had. He then put his foot in it because he said something I never though of. He was reading the notice and said the amount payable if notice not complied with. He said the amount owed would be in there. He refered to a witness statement that said the proof was that the screen shot said so. The judge then asked how can she be sure it was sent. He admitted that NORMALLY they keep a copy but on this occasion they "Cant find one" though he did argues the CCA didnt necessitate keeping one. The judge said, no thats true, but on occasions where the creditor challenges receipt of such its very hard for me to assume one was sent when I cant see one. She then went on to the "Prescribed Terms" She said yes, the blank notice provided was correct, she cant rule that the information was entered correctly. How does she know that the figures entered were correct. She then turned to me and asked for my submission. I said I only had How do we know the amount entered for the final payment was correct on the DN. They have had 3 different attempts to get the figure right. Why was there no Diary note for when the review had to be taken folloing the DN being sent. Why do we have a 3rd hand witness statement, why isnt someone from Welcome there to explain their systems workings. If the notice had been sent with a 14 day notice for payment, why was my account reviewd 5 days after it is claimed to have been sent. Isnt it amazimgly coincidental that a defendant, who has always stated that he has never received the notice, who said so in his defence before any communication from the claimant should happen to be the one case where the DN hasnt been saved I just basically asked questions and she said have you finished and I said yes. She said she couldnt rule that the DN had been sent as the claimaint could only rely on a screenshot that said NOD. It didnt even say sent. She then said that the application for summary judgement was dismissed. The solicitor then said that they would go to trial and she said how, on what evidence. You cant prove you sent it. he said we will have to get a statement from KB (Whos name was next to the entry for NOD) She said no, you have had your chance to do this for the summary judgement, you knew the defendants arguement. Also, KD might not even work for the company any more unless you can say for definate s/he does. No, Im striking out the claim. I then asked for my costs. I asked for £143 which comprised of loss of earnings for the first hearing, not this one, postage petrol parking etc etc. The cheeky sod said maam, theres fixed costs at Summary Judgements to which I said, well if theres fixed costs why did you submitt a claim for £900 to which he said he wouldnt have got that. I said so was the purpose then to scare me into not attending?? He went quiet. The judge said that my claim was very small and as such she would allow it.

CanI just ask, If I put in a counter claim, dont the defendants have 28 days to file their defence to the counterclaim?

I am in shock. The courts are now saying that they received the witness statements on the 18th Sept despite the fact that when I phoned on the 24th September 2 people couldnt find anything. I have also received the witness statements YESTERDAY. They were sent second class post and one of the letters is dated the 18th September 2008. I have sent the judge the following email:- FAO District Judge Dear Sir I write again in respect of the claimants actions in regards the filing of witness statements. Sir, in your order dated 19th August 2008, you ordered the claimant to file and serve witness statements before 4pm on 19th August 2008.The court now say that they recieved these documents on the 18th September 2008 yet 2 people could not find them on the 24th September. The court received these on the 18th September 2008 despite the appenidixs being date the 18th. I telephoned the court on the 24th, allowing an extra 5 days to be told that the court hadn't received anything. 2 separate people went to check. I was told I would need to write in. On the 24th September 2008 I nor the court had received anything. On the 25th September 2008, along with your order, I received the claimants witness statement. This was 6 days later than ordered. In there was 2 appendix's dated the 18th August 2008. This was sent to me second class. Sir I have sent to you by special delivery mail the envelope it came in. I have underlined on the envelope where it says Irwin Mitchell under the stamp. The court now say that they recieved these documents on the 18th September 2008 yet 2 people could not find them on the 24th September. How can the claimants, an experienced solicitor, expect me, a litigant in person, to receive documents the next day when they have been sent second class? Your order was very specific that they were to be filed and served by the 19th September 2008. Sir as I said in my previous email, I had cancelled an appointment with a solicitor as I fully understood where I stood with my original argument. Now I have received this notice, I am unable to make an appointment next week due to work commitments. Sir I am distraught that the claimant should be now allowed to file these witness statements when their non compliant attitude has now denied me of seeking legal advice on my course of action. I would therefore ask the court to revoke the last order of 25th September 2008 and allow the order of 24th September 2008 to stand. Sir, failing this, could the hearing be adjourned for one week to allow me to seek advice on Monday October 7th, the date of the hearing, as I have the afternoon booked of work. Your sincerly

Doc Many thanks for your help. Unfortunately, my sister had to go on her own as I was in hospital and aghain, unfortuantely failed. I dont know the full ins and outs but am i right in thinking we can ask for a stay on any repayment pending the counterclaim and hearing of my BIL claim. They have failed to produce the agreement as reuqested

Hmm, not as good as I thought but hey ho Received the actual order It is ordered that 1. Upon the failure of the claimant to file a witness statement in accordance with Paragraph 3 of the order of 19 August 2008, the application to amend be dismissed. 2. No further witness statements shall be filed by the claimant on the application for the Summary Judgement as the date for doing so has passed. Now it would look like I still have to attend on the 7th October 2008. However, today I have received a letter from them dated 17th September 2008 but it has been sent 2nd class post. It also includes a general default notice and a witness statement from The claimants solictor, not the claimant. I THINK 1. The judge wont allow these statements to stand as the time has passed. Remember, the court hadnt received anything either. 2. We will go to court on the 7th as ordered and he will basically bawl them out of court. ANYBODY got any advice or have I read this completely wrong.

I have phoned the court and the judge has agreed with me and thrown out both of their applications. However, as far as I am aware, he hasnt awrded me any costs. The other side in their application had their costs at £355 yet I have won and had my time wasted but I havent been awarded anything. Is there anything I can do about that. I am now convinced that now that this application has been thrown out, I could ask for the whole case to be dismissed

Hi all Have sent the following to the court URGENT FAO The District Judge Dear Sir I write in regards the above case of which a hearing for summary judgement was heard by yourself on 19th August 2008. At his hearing you made an order and when addressing myself, you made it quite clear that the timelines had to be followed punctually. I, as ordered, filed and served my witness statement before 2nd September 2008. You then ordered the claimant to file and serve a witness statement in reply and to also file and serve a witness statement in support of its application to amend the amount claimed. If you recall, neither the claimant’s solicitor, the defendant nor yourself could understand the calculations. Both of these witness statements were to be filed and served by 19th September 2008 Sir, as of Today, 23rd September 2008, I have heard nothing from the claimants and checking with the court, neither have they. I had an appointment booked with a solicitor on Monday 22nd September 2008 to discuss their reply which I have now cancelled. Sir, I respectfully ask the court to order the following. The claimant’s application for summary judgement is struck out The claimants application for amendment of the figure claimed are struck out. The claimant to pay the defendant costs of £236.24 (Costings Attached) I am quite appalled, as a litigant in person, that I have managed to follow orders made by the court, yet a group of solicitors, who from their costs sheet at the original hearing, charge £140 per hour, are unable to do so. Yours sincerely I then attached the following for my costs Research Into Case 16 Hours @£9.25 148.00 The above is in accordance with CPR 48.6 (4a and 4b) Loss of earnings for hearing 19th August 08 5 Hours @£12.50 62.50 Parking for Hearing 4.00 4.00 Petrol to Hearing 15.6 miles 0.40p pm 6.24 Stationary and fax 6.00 Postage 2 4.95 9.90 Claimant used Special Delivery to ensure prompt and safe receipt £236.24

Hearing is on 7th October, Sorry

Right state of play as of today The judges order stated 1. The defendant to file and serve a witness statement setting out his case in full with any supporting documents in support by 4pm on 2nd Sept 2008 (Done) 2. The claimant (If so advised) do file and serve a witness statement in reply by 4pm on 19th September 2008 (NOTHING RECEIVED) 3. The claimant to file and serve a witness statement in support of its application to amend the amount setting out in detail how the error occured and how the sum is now calculated by 4pm 19th September 2008 (NOTHING RECEIVED) 4. The applaication be relisted for hearing before me (The Judge) on ***** with a time of 1 hour. 5 Costs reserved Now I want to get a fax of Monday morning with a request to throuw out their application for summary judgement due to non compliance and even in its absence, refusing the application to increase the amount. the judge was very specific saying they had not explained and he couldnt understand. Any one again (Some seriously good help here) Isiris

Just a bump to hope docman picks this up. Thanks