marmaris30
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Everything posted by marmaris30
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council tax single occupant review letter
marmaris30 replied to woody75Kelly's topic in Benefits and HMRC
Councils are cracking down on single-person discount claimants, because it's one of the few discounts they can't control (they must give 25% off by law), and they need the money. However nobody who is genuinely the only eligible adult in a household should have any fear, even if they have visitors occasionally staying overnight. In any case, you need to reply to the letter to confirm that you're the only adult in the household. If they don't believe you then they might make further enquiries and some councils have been known to watch suspect houses very early in the morning for signs of a regular second adult living there. They would need to see this happen quite a few times before alleging that a discount was being claimed fraudulently. Since your ex presumably visits often but never stays overnight, and in any case this is a perfectly normal state of affairs that could be explained if ever the council asked, you are over-reacting to insist that he doesn't visit. It would make no difference if they knocked on the door in a surprise visit - you are perfectly entitled to have visitors! -
My apologies for any offence caused, albeit inadvertently, but my advice stands that honesty is the best way out of this situation, and I doubt anyone else will advise you differently. That is my final contribution to this thread.
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You have asked for advice and I don't see why you shouldn't get it. My advice is that you get in touch with the court immediately with a proposal as to how you intend to pay the fine and associated charges. Nobody should expect to be treated kindly if they give false details in an effort to evade responsibility for something, and nobody here would ever advise dishonesty as a reasonable course of action. Had you given correct details, you would had an opportunity to put your case. At worst, you'd only have had to pay a small fine compared to the monkey you've racked up. Unfortunately you've learned this the hard way but nevertheless it's an education. With respect to your two questions, neither idea is at all advisable: 1) If you claimed the person fined wasn't you and they could prove it was (e.g. CCTV) then you could find yourself on a charge of perjury. 2) This is called clutching at straws.
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likely outcome of speeding
marmaris30 replied to thorntondog's topic in Speeding and Motoring Offences
There's no reason why the office processing the automatic tickets would even know about the previous offence, until they see his licence, but they make the decision about the fixed penalty before that. Therefore, it's unlikely at that level of speeding that he'll get any more than SP50 with 3 points and a standard fine. There's every chance that he could be offered a speed awareness course as an alternative, as long as he qualifies, because the speeding is not above the 'serious' limit. It is possible that the drink-driving course would rule him out but I don't know for certain. -
rights on giving notice
marmaris30 replied to joebloggs72's topic in Employment and minimum wage problems
Not quite. The OP has the right idea - if she wants to leave then she must give one month's notice. If her employer wants her to leave then it must give 12 weeks' leave or pay in lieu of notice. -
In what sense is it a not-for-profit organisation if the directors answer to no-one? If there are no trustees then who owns the organisation or what type of organisation is it?
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Six years from date of bankruptcy, so 02/2015.
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Access to my deceased mothers records - re Liverpool Care Pathway
marmaris30 replied to debtangel's topic in NHS
It would be difficult to state the basis of any claim so early on. Unfortunately, to act in the name of a deceased person, you do need probate or administration to have been granted. Medical records are extremely sensitive information and it is normally reasonable to expect that they are only released by authority of a court to appropriate representatives. Given that you are her daughter, you could try to obtain the records on the basis that the person is deceased and you are the next of kin, there being no other legal arrangement in place. You would obviously need your own birth certificate and her death certificate to begin with, but it would do no harm to ask whether they have any rules in respect of this. Failing that, if they won't accept an informal approach and you are unable to apply for administration yourself, you would need a solicitor to do it for you. It is a simple process so hopefully the fee would be low or at least fixed in advance. -
Anyone can turn up at your door but you certainly shouldn't let them in, and you don't have to communicate with them in person. Write to explain how you intend to clear the arrears, but be clear that excessive home visits following receipt of your letter could constitute harassment, especially at a rate of four in a week.
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Was the deposit in an approved Deposit Protection Scheme? If your tenancy started after 6th April 2007, the landlord must have protected the deposit in an approved scheme, which will arbitrate if you and the landlord don't agree on deductions at the end of the tenancy. If he didn't protect the deposit then he is not entitled to deduct anything from it. If your tenancy started earlier than 2007 then you will have to negotiate with the landlord yourself. Either way, if you have a copy of his written permission to decorate, then that will help. A lot of the other stuff is pedantic on his part, although check your tenancy for a standard exit 'cleaning fee'.
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notice period to be given to employer
marmaris30 replied to WindWatcher's topic in Employment and minimum wage problems
It seems very strange to have such an unequal notice period, especially in the employer's favour. Eight or even twelve weeks' notice might be expected from employees in management positions, or others with responsibility, but still equal either way. Please don't be offended, but to be able to let you go with a week's notice suggests that they don't consider you that important! Negotiation is the way forward, as Sidewinder says. -
Where you go from here is to write a simple letter explaining that you were parked on your own property, for which you have plenty of documentary evidence that would be produced in the event of any legal action, and that you do not expect to hear from them again. Keep the letter simple and make sure you send it by recorded post, keeping the receipt and a copy of the letter.
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In cases where you are the victim of a no-fault road accident, there are dozens of solicitors who will take up the claim on your behalf without any need to involve your own insurers (apart from notifying them of the incident for information only). Some of them specialise in this area so they are efficient at resolving claims. When I used this route, I didn't bother involving my insurers at all, apart from notifying them of what had happened and how it was going to be resolved. It is a bit complicated here because your own insurers have made their own ruling, but if legal action forces the other party to accept 100% liability, your insurer should accept this and eventually reinstate your NCB. Obviously it is against site rules to recommend anybody but I'm sure a bit of googling for 'no-fault accident solicitors' will give you a starter for ten!
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Hopefully the likes of Brian Carter will also be the subject of similar enquiries!
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Claiming National Insurance Contributions
marmaris30 replied to shawny213's topic in Benefits and HMRC
You can only reclaim NI contributions if you shouldn't have paid them in the first place, due perhaps to a miscalculation. If you had NI deducted despite your earnings being below the limit of £149 in any given week, that is one example. If by some stroke of luck you earned over £797 in a week across two or more jobs, that is another. Otherwise I'm afraid NI is really just a second tax on income, and therefore unavoidable. Apart from anything else, it largely pays for the NHS, and you'd have had to pay for health insurance otherwise. -
This makes perfect sense. Just make sure they actually are defending the claim - make sure the appointed solicitor is doing their job!
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It is imperative that you contact your insurers immediately, regardless of whether you intend to defend this yourself or have them take it over on your behalf. Car insurance covers you for liability to third parties but if you don't tell the insurers, this cover could be invalidated because you didn't follow your insurer's instructions. Indeed, there is usually a clause in the terms and conditions requiring you to notify them without delay of any legal action. Ignore this only if you want to run the the risk of losing the claim and having to pay damages and costs out of your pocket. The fact that the claim has been issued to you personally doesn't invalidate the insurer's interest in the claim, and they should normally either apply to be joined as Defendant, or arrange for legal representation to defend you.
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You need to advise your insurance company of this claim immediately and forward them the papers. It relates to the accident so they should cover any liability arising from it, including dealing with any legal action.
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Sounds like a classic chancer to me, and I've had this happen to me on selling an obvious and unashamed banger. In a private sale, the time for inspections and testing is before handing over the cash, not after the event, at which point the sale is unconditional - the seller can't have his car back and the buyer can't have his cash back. Only if you knowingly passed off a turkey as a golden goose would you be liable for anything but since you say the car's servicing and papers were all in order, and presumably it doesn't billow black smoke, you're completely in the clear. All of us have probably at least once changed our minds or fallen out of love with a thing we bought, but that's just the luck of the draw. Unless the buyer is a friend you want to keep, I'd suggest that any communication is in writing only. Don't be intimidated by legal threats - plenty of people here have seen off claims from well-funded institutions that might actually have had the makings of a case. A chancer without any evidence or legal basis for a claim would be wasting his own time and money suing you, and I'd be surprised if it came to that.
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For any purchases over £100, your credit card company shares liability with the seller and, should the seller go out of business or fail to respond, the credit card has to consider your claim. If they find in your favour then they refund you and try to charge the loss back to the seller, probably via Paypal in EBay cases. Ring up your credit card company and explain what has happened, i.e. you never received goods for which you have paid, and that communications with the seller have broken down, so you would like to request a chargeback under the Visa/Mastercard or whatever rules, and/or the Consumer Credit Act. Be prepared to write in as well, with any and all information in support of your claim. Get a screenshot of the item possibly being resold straight away. If your seller really has had the item back and sells again then they are actually committing theft - in an auction, title to goods passes once the bid and costs have been paid.
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If you paid with a credit card and the total was over £100, try the chargeback route.
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Volotea- Boarding pass fee
marmaris30 replied to billybobynumeroduo's topic in Holiday & Airline companies
You'll probably find in their T&Cs that they are allowed and €30 is cheap compared to Ryanair. That'll teach you for being flashy with your Ipad! -
Sorry but taking out a loan you know you cant afford to repay is fraud and a very bad idea. You would also be prejudicing the interests of one creditor ahead of others, which is a bankruptcy offence. If you do it, the Official Receiver will probably seek to recover it in full, as well as take punitive action in the form of extended Bankruptcy Restrictions. If you can't find a family member or friend who can help you with the fee, then the thing to do is save the fee over a few months, and ask the court about any waivers that might be available for the court fee (unfortunately not for the OR's deposit). Yes, the money you save for the fee wouldn't be going to your creditors, but if you're going to go bankrupt then you shouldn't really be paying any of them unless forced. It doesn't do any harm to talk to your creditors and let them know that you're planning to go bankrupt, because they might then ease up on you. They will be guaranteed to receive some money for little further effort which, in the case of DCAs who have bought the debts, will probably more than they paid for it. All without the hassle and expense of dealing with you directly or taking any further legal action, because you and they will only need to communicate with OR. Good luck!
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@asklloydsbank Capquest purchased old LTSB 2007 Credit Card account - No CCA
marmaris30 replied to krysp's topic in Lloyds Bank
When you say 'unenforceable', are you referring to a pre-2007 account? There are a lot of threads about that on here, because it's quite a minefield. Or do you mean Statute Barred, in which case when was the last payment made (it needs to be more than 6 years ago to be unenforceable through the Courts)? -
@asklloydsbank Capquest purchased old LTSB 2007 Credit Card account - No CCA
marmaris30 replied to krysp's topic in Lloyds Bank
Your CRA file doesn't show any positive balances, only negative ones. The absence of a negative balance only implies that the actual balance is greater than or equal to zero. So they can't find out how much cash is in your bank account that way. Once they have a CCJ for the debt concerned, things change. You would be required to reveal your financial circumstances if you wanted to pay off a CCJ in instalments and the court officer would ask to see bank statements. If you don't pay then you can be ordered to provide this information. Some creditors would just go straight for an Attachment of Earnings Order. In theory, after getting a CCJ, they can also apply for a Third Party Debt Order to force your bank(s) to reveal your balance and then to seize the money concerned. These are extremely rare for individuals, since the creditor has no way of knowing which bank you're actually keeping money in, whether the order will actually work, and if there is no money then the order is a waste of time, because it is only effective for one enquiry. It is possible that DCAs share information amongst themselves about bank balances, almost certainly if one DCA is handling multiple accounts, but this sort of practice is probably highly dubious!
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