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newmoses

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  1. I have received an invoice from a builder/joiner for remedial work done at a house.There is also 20% v.a.t. included......However,upon checking the v.a.t. register, it turns out the sole traders address registered for v.a.t. is at a completely different address to where the company is.Can they do that, or does the address the trader is living at have to be registered with the v.a.t. register?
  2. A Guide to BrinGinG And defendinG A SmAll clAim April 2013 section 8 states:-McKenzie Friends – a mcKenzie friend is a person who helps someone appearing in court. they don’t need to be legally qualif ied and might be a family member or a neighbour. Some people do training to become a mcKenzie friend but this will focus on how to offer emotional and practical support rather than legal advice. • Lay representative – in small claims hearings a party may arrange for another adult to represent them even though this person is not legally qualif ied. You may wish to consider this if you are nervous about speaking at the hearing and know a suitable person who would be willing to support you, but you will be expected to be present. I'm all ready for the big day.I represented myself agains a defendant at Boston County Court.She even got a barrister, but I ripped them both to pieces.I was ruthless and still am.The judge even commended me on the work I ahd done and presented.That was in 1998.I had an out of court settlement in 2010, and one more recently in july this year against Quinn insurance. i had a so called bus lane contravention quashed in august.I am ready for the next case.
  3. An electrical safety check must be commissioned prior to the commencement of a tenancy, and must be carried out by a competent person (a Part P qualified electrician in kitchens and bathrooms) to ensure that the electricity supply, and all appliances, are legal. This includes supplying instruction books where needed for safe use. IMPORTANT: Failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumer Protection Act 1987 that carries a maximum penalty on summary conviction of a £5000 fine and/or six months imprisonment. This Legislation means that Landlords have a legal obligation and a duty of care to tenants to ensure that the electrical installation and the electrical equipment supplied is safe. The Electrical Equipment (Safety) Regulations have been mandatory since 1st January 1997. They state that all electrical appliances with let accommodation must be safe. This applies to both new and second-hand appliances and covers all electrical items supplied for the intended use of the Tenant. The regulations also cover fixed appliances such as cookers etc. The only method of insuring that these appliances are safe is to have them tested by a trained electrical engineer using the portable appliance testing equipment, known as a (PAT) test.
  4. Having done some research,I can actually speak for mt nephew as a "Lay Representative".Looks like I will be cross examining the defendant then.
  5. LEA_NTH, many thanks for your input. I have done all the letters, for my nephew.He has read and signed them and sent them off from his area of Ilfracombe.I live in Nottingham.So I cannot ask the LL questions?. I cannot ask her about her discrepancies?. My nephew cannot use me as his representative?.My nephew is only 22 and has never been to county court, so how would he know what to say,if I can't cross examine the LL on his behalf.?
  6. It looks like I am having to represent my nephew in Tewkesbury County Court. His ex landlady has not put the £3,000.00 deposit into a secure scheme, and can't come up with the money.my nephew input all the relevant info. into the 4 schemes that come up on the internet, and drew a blank every time.I have asked the LL for the name of the scheme. She has refused to reply.She also has never had the electrics checked or the gas checked which is a legal requirement annually.She served my nephew with a "Section 21" notice, but that is invalid as she never secured the deposit in a TDPS. She has claimed that she had to replace all of the kitchen worktops, Belfast sink, taps, fridge freezer and cooker.However,when I emailed her asking for receipts for the items she allegedly had to replace, she has not come up with any of them.Instead,she sent me an invoice from TDS, of [address removed].(That is where she lives, and according to her, rents the top floor. The company TDS is not found on the internet, nor at Companies house, as it is a limited company.However, there is a vat number which is VAT No. [removed].Can I find out any information from this about the company, and where would I look?.Back to County Court.Providing I win the case,How much can I claim per hour?.I think it used to be around £9.45.And how much can I claim for fuel costs per mile?.Is there a link to the laws which I can quote for these expenses?.And how much can I claim for each document i print off at home?. so far, the evidence I have against this unscrupulous, perjuring, LL is 1.No TDPS where the deposit is supposed to be kept... 2.no electrical safety checks in at least 2 years 6 months... 3.Only 1 gas safety check in 2 years 6 months... 3.Photographic and video evidence of the premises being decorated prior to eviction, as well as witness statement from the people who helped decorate.(a new carpet was also laid)... 4.No EPC check... 5.No receipts for appliances/equipment allegedly replaced... 6. A 3 page letter sent to my nephew detailing their alleged costs for replacing items/appliances where the prices quoted differ to the ones i have from an invoice from TDS that was emailed to me... 7.Text messages from the first week of the tenancy start detailing mould in the bathroom and one bedroom, and promises from the LL to come over and sort the problem.It never happened, as the LL kept making excuses... 8.Emails that I sent to her requesting documents, answers to questions etc., and her replies back to me... 9.No tenency agreement was ever given to the tenant...I think I have plenty of evidence to win the case by showing how the LL has broken the law by not doing what she is legally bound to do, discrepancies in the so called bill for replacement of items/remedial work etc.showing that she is a liar. Any final help with links, laws, documents etc would be a great help.
  7. Latest update:- I sent a NOTICE BEFORE ACTION letter to the landlady giving her 14 days to respond.The letter was signed for but no response after 17 days so I took out a summons against her for the £3,000.00 she owes my nephew.My nephew checked with the 4 main TDS schemes and come up with no result, so we can assume that the deposit was not protected.My nephew also states that he and his wife gave £15,000.00 rent up front.There was no inventory condition report done or given either.Looking forward to ripping her to pieces in court.
  8. Tenancy deposit not refunded i need a bit of help for my nephew please. He, his wife and 5 children rented a house and paid £3,000.00 deposit and an advance in rent of £6,000.00. They applied for housing benefit but could not get the landladys address as she claimed she was on witness protection, so while they were waiting for the housing benefit to be sorted, they got into arrears. Then H.B. lapsed, and they had to start a new claim. Eventually, the council gave them the address of the landlord....... Due to the arrears the landlady gave them an eviction notice........To cut a long story short, to date, she has not given them their deposit back. She tried to claim that the property was untidy and trashed, but my nephew has photographic eveidence and video evidence that the whole house was decorated and a new carpet laid in the lounge.He also has witnesses to the decorating because they were the ones who helped him decorate. I think the landlady has spent the deposit and not protected it under the Tenancy Deposit Protection scheme.. I drafted a Notice Before Action requesting the landlady pays the deposit back within 14 days and that she gives documentation that the deposit is protected. So far ,after 9 days, no reply.The landlady could easily have paid back the deposit minus the rent arrears, but she has failed to do so.In the letter, I have threatened her with a county court summons if the deposit is not paid by 18th September.. Any more help and advice would be greatly appreciated. P.S. My nephew rented the property for 2 years and in that time, never got any info. from the landlady that his deposit was protected.
  9. I love it when a plan comes together, and the legal team are anialated.I actually defended myself over a county court claim between a miss Jodie Louise Sutton, and my self.She turned left from a right hand lane at a roundabout , and smashed into my car.She drove off and refused to admit liability later.She decided to put in a claim to Boston county court and even went to such lengths as to get a barrister.I represented myself, ripped her to pieces with my constant barrage of questioning, ripped her barristers defending to pieces and won the case.It way back in about 1998 if i remember.She had to pay me £285.00 within 30 days.After 34 days, no money ,so I took out a warrant of execution, costing £50.00 at the time.3 days later,there was a cheque for £335.00 in the post for me.I stood my ground, did my homework, got a copy of the police accident report, got my 3 witnesses and won.unfortunately,i don't have any details as this was my very first case I took on myself.However,would it be possible to get the transcripts if i contacted Boston county court.......I have since gone on to have someone settle out of court in 2010, and have had a recent out of court settlement for nearly £800.00 from Quinn insurance.
  10. Forgot to mention that my mums flat is under Tarka housing, which we believe to be a housing association and not council
  11. As far as I am aware, the dreaded bedroom tax covers council houses only.Or does it also cover housing association properties too?. The reason I ask is because my youngest brother has been struck down with Motor neurone Disease.He lives in Blackpool but is coming back to Devon to live at my mums flat until he gets a place for himself ,adapted to his needs.According to the housing association,my mum cannot have him living there because of the council tax, and in any case, he has to be at least 55.Any help on this matter would be greatly appreciated.... I will be looking ibnto the Disability Discrimination Act 1995 and the Equalities Act 2010 over the next few days to see if there is anything there i can glean from them....... Incidentally, the housing association said that my brother can stay at my mums for 4 weeks.Now they didn't say that was 4 weeks in any year, so I am looking at a possible loophole.He stays at my mums for 4 weeks then my sister for 4 weeks and so on. My brother is having a wheelchair delivered today(mon 12th) courtesy of social services.when he moves back to Devon, the family are donating money to buy him a disability scooter. He is in constant need of care around the clock which is why our mum wants to have him live with her until the local council get him an adapted place.
  12. Many thanks for the input members.My brother was having trouble standing and keeping his balance back in april.He then started shaking, and it was getting worse as the days went on.he had various scans to check for various possible illnesses.He submitted a claim, but after looking at his details and without a diagnosis, the DWP refused his claim.It was around mid- to late June when his final scan showed that he has Motor Neurone Disease.He then submitted another claim and someone from the DWP came to visit my brother.He saw his inability to do virtually anything and said his claim would be successful.What a pity they don't take note when doctors, neurologists, etc confirm there is an illness, even though they don't know for certain what it is, as they need to do more tests to eradicate all other possible illnesses and get the correct diagnosis.Sadly,my brother has gone downhill so quickly.His life expectancy is 3-5 years,but he doesn;t think he will last throughout the year.
  13. Around 4-5 months ago,my youngest brother started losing his mobility, and more recently, he was diagnosed with Motor Neurone Disease.Believe it or not, but the Department for Work and Pensions have deemed him fit for work even though his fingers are bent, he can't stand up and walk without falling down, he has to use a rollator for balance and the ability to walk, his speech is slurred, he can't even do a shirt button up or pull a pair of socks on.He is in constant need of help and gets 2 carers go in the morning to get him washed and dressed, and 2 at night to get him ready for bed.He had someone from DSS visit him yesterday and he was told that he will be getting disability living allowance, and carers allowance.However,he was told that it will not be back dated as this is a new claim.I think that is all wrong.He should be getting it back dated to when he was diagnosed with MND, at least, if not to when he first went for tests.........Can anyone enlighten me as to wether or not it should be back dated, and any links/laws governing this?.Many thanks for any help in advance.
  14. Member Group: Members Posts: 565 Joined: 11 Oct 2006 From: stapleford,nottingham Member No.: 8,176 I drove down a bus lane on 30th May 2013 at 08.21. I was intending to turn left at the side of Nottingham Crown Court to enter the small car park at the back of Sainsburys local. I know the bus lane used to be no entry mon-fri 4.00p.m. -6.00 p.m.. Unbeknown to me, there were some times added of 07.30-09.30 mon-fri. I was asked to pay a £60.00 fine, or if paid within 14 days of service of documents, issued on 05/06/13. It would be reduced by 50% to £30.00. I was also told that I could make a representation which I did. The representation was made online to the council on 07/06, and received by the council in their offices on 09/06. They refused my representation that I was turning left into the car park due to the fact that I entered the bus lane 45 metres before the car park entrance. I was then told that I had to pay the full £60.00 because I made a representation, and the representation was against the £60.00. Allegedly. I decided to appeal to the adjudicator stating that the council had no legal right to ask for the full payment until after 14 days had lapsed. Today, I got the result I was wanting. The council will not be challenging my appeal. Therefore I don't even have to pay £30.00 let alone £60.00........... .....Oh and the council are changing the wording in their documents so that if you do make a representation within 14 days of service of documents, and your representation is disallowed, you still get the offer of a 50% reduction.
  15. I have tried to find out if there is a legal requirement for a minimum number of staff to be on site for safety reasons.I.E. If ther ewas only 1 member of staff/employee working, and that person had an accident or heart attack or fell ill etc, then no-one would know about it until the staff came in the next day.Is it therefore a legal requirement that at least 2 members of staff should be at work?.If so,please give me a link to the relevant law.many thanks
  16. Many thanks for the advice.I messed up with the country though.It was Holland, so Dutch law, not Danish.Don't know if this will have any bearing on the advice given.My friend apparently was given a ticket for a 46 Euro fine,but was told that he had to wait for the paperwork to arrive so he could pay the fine.It was not received until last week,some near 7 months since the incident took place, and because it hadn't been paid earlier, the fine was increased to 128 Euros.It was the fault of the police because they delayed sending the paperwork out.
  17. Don't know whether you can help or not, and whether you know anything about Danish law. Just before Christmas last year, XXX was going to work on his bike but didn't have the back light on it as he couldn't find it. Instead of going on the bike path, he decided to go down the back streets. A policeman on a motorbike pulled him up, and wrote a ticket for XXX for 46 euros. He told XXX the paperwork for it would be sent to him in the post so he could pay the fine. He finally received the paperwork a week ago, this time the fine has increased to 128 euros. The reason being he didn't have the paperwork to pay it straight away. Because the police have only just sent him the paperwork, he has to pay the increase. He did have a reflector on the back of his bike, I don't know whether that would make any difference. He's told the police that he has a young baby, but they said he still has to pay it in one go. He's told me that 128 euros, is four days wages. I would be very grateful if you could offer any advice that might help him. If it had happened over here, he would probably have just got a warnin
  18. As far as I can make out,my cousin went to the job centre over 4 and 1/2 years ago,to register with them after her late husbands death.As she had never been unemployed before,she was new to all the paperwork.She was given what I think was the necessary forms to fill in and she declared the pension that she was entitled to each year from Boots.She did mention to me that a neighbour helped her fill in the form.I can ask her in the week if she ever had any letters from DWP each year with regards to her Income Support.She is adamant that she declared the pension to the job centre.
  19. A cousin of mine is in a bit of a mess.Her husband passed away nearly 5 years ago.she applied for income support, and declared that she gets a pension form her late husbands pension fund.It is under £2,000 a year.The completed form went to the job centre, assessed, and my cousin was awarded income support.All of a sudden, she gets a letter from DWP saying she owes them nearly £6,000 due to being overpaid.When she queried it,she was told that "You get a pension".To cut a long story short, the DWP said that although my cousin declared that she gets a pension to the job centre, for some reason,the DWP didn't know about it.Something to do with not going to the relevant department.It is not my cousins fault that she was overpaid.It is the incompetence of the government department.My cousin would like to appeal and hope that she will be told she doesn't have to pay it back(mainly because she only gets around £60.00 p.w. in benefits and obviously hasn't got nearly £6k to pay back). Any help in this matter would be very much appreciated.
  20. I have been trying to get my head around this CTL issue.The situation is this:- A friend of mine set alight to a summer house around 11p.m.back in October 2011.They were arrested around an hour later,and taken to the police station where they willingly admitted to the act of arson.They said they did not want bail as they would harm themself if they were bailed due to them suffering from depression and taking medication.They were remanded in custody by the magistrates on 2nd october.They had 2 further appearances at the magistrates, one where they pleaded no direction, and the other where they pleaded guilty and were further remanded to appear at crown court for sentencing.They were due to be sentenced on 22nd december 2011, appeared at crown court and was told by the judge that the court requires a psychiatric report, so sentencing did not take place and they were further remanded until 10th february.Come 10th february, and the judge refused to pass sentence as he wasn't happy that my friend wrote a few letters to the victim(they had been close friends for 16 years), and so wanted confirmation from the psychiatrist stating that they would not pose a danger if they were released on a suspended sentence or probation etc.The next hearing is scheduled for thursday 1st march but I doubt it will happen as the psychiatrist has not yet replied regarding the letters and their contents.My question is:- Does the CTL of 182 days still apply to my wife as she is on judges remand until she is sentenced?.What happens if she hasn't been sentenced after 182 days? And what happens if the CPS forget to ask for an extension to the CTL? Hopefully there will be some legal caggers who can explain the CTL to me, and give me some definite answers..........Incidentally, my friend has now been on remand for 149 days as of 27th february(assuming 2nd october as the first day of remand in the police station.
  21. I have always sent letters to these parasites playing dumb.I wait for a reply then start sending them more ruthless letters quoting laws.I have won ove rthe likes of A S securi-T,Capital parking,town and County Parking just to name a few.
  22. Incidentally, Car Clamping Securities are not on Companies House.
  23. I have a cctv camera in my car that works off the cigarette lighter.It also has 6 infra red led 's.It stamps the day, month, year, and 24 hour time mode on the video.Works well.They are available on Ebay for under £40.00.
  24. You can always go to ASKMID.Type in the reg.No. on the pcn, click the box saying the vehicle belongs to you(even though it doesn't.Otherwise you get no reply.I have been doing this for over 3 years now to check on wether a vehicle is insured or not),input the security code given, then if the vehicle registration number is registerd with DVLA, it will come up with the type of vehicle, engine size,colour, numbe rof doors etc(providing it is insured).
  25. Mwynci,many thanks for the valued help.The sentencing is scheduled for 10th february,providing my wifes lawyer has a psychiatric report by then.
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