lamma
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Everything posted by lamma
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Good grief ! ! ! Councils had better get their own legal advice PDQ - they have inescapable duties. The problem with that will be sourcing such competent advice.
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It is, and please pardon my language, a hell of a mess. Just as posts #26 and #26 illustrate. Point of order re another post in this thread , case law is not 'repealed'. With such sweeping and as yet mostly unclear changes the correct use of terms is of paramount importance. These issues will have to go up the food chain in the court system before, hopefully but without certainty, some clarity emerges. That will take some time and meanwhile it will be a three ring circus. Batten down the hatches.
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Parliament cannot repeal that which is not enacted through Parliament. Common Law, lex non scripta, (rights and offences) gets "abolished".
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I agree, the effect will be to make things much worse. I was referring to the 'motivation'.
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Exactly so, so no change at all in that respect apart from higher fees i.e. more temptation.
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"uncapped commission opportunities" uncapped with fixed fees ? ? ? http://www.totaljobs.com/JobSearch/JobDetails.aspx?JobId=58999020&Keywords=&CompanyId=415595
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I may have been far too kind when I called this a bugger's muddle.
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Fixed/ Floating Debenture to avoid enforcement of CCJ
lamma replied to basilf's topic in General Legal Issues
The floating debenture runs for the lifetime of the company. Has that been set up as well as fixed debenture(s). Debentures pay interest so who holds them ? It sounds as though this may be an attempt to set up a preferred creditor in an attempt to defeat enforcement of the judgment. Who the owner is could be important. Is the judgment for a significant amount ? Significant in relation to the value and finances of the company, I take it this is not a Ltd company ? -
Small amounts should obviously roll over to the next years CT bill. No juicy bailiff fees or LO 'costs' that way of course but that can't be the reason it isn't done can it ?
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I agree. I point out that ownership is not recorded at the DVLA thus giving them a crack to wriggle through. And no, ownership should not be recorded at the DVLA to solve this.
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A bugger's muddle (please forgive my language). And in line with the draconian nature of the portmanteau Act this is based on. Sadly, I believe this is just the start.
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Who owns the building ?
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"He said it wasn't enough to prove someone else didn't live there and for me to let him and look around" Seems they will say anything at all to gain entry. Well done in not falling for it. (no one can prove a negative and his point was fallacious)
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That is not a citation of law and does not in any way make the note book a 'legal document'. As Adjudications in CPE are merely quasi-judicial i.e not judicial it is hard to envisage any way that the note book is a 'legal document'.
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The pocket book isn't used for enforcement. There may be evidential weight IF it can be revealed and is relevant but not all of the 'musts' are at all relevant to enforcement e.g. make model colour. Anything missing from the pocket book is just that - missing.
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You are not alone in being convinced of that. However being convinced means carrying on with conviction in return.
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"they said it wasnt enough proof as they said they had me on surviellance driving it." utter drivel from them, it seems that many they will say anything to get their hands on cash. appalling.
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One rather obvious question: Why do so many bailiffs have such difficulty in getting the charges correct ?
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Thank you tt. I look forward the appeal case details.
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"& £175 attendance to remove goods/vehicle" on the first visit !!! This fakery, some would say fraud, makes me so angry.
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At first glance the amounts do not add up. As per tomtubby how much was each PCN originally ? This could be a case of the bailiff company doing a DCA job.
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Terms and Conditions on joining. Often very woolly Terms and Conditions ! Sometimes byelaws. You would have to check per library. As you are lending property - the book - there could be a myriad of avenues.
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Thank you.
