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hhh_88873

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Everything posted by hhh_88873

  1. I changed my landline phone and internet service from Newcall Telecom (Primus Saver) to Sky about 6 months ago. Newcall intenet services were absolutely awful, slow speed, constant disconnection, and very poor customer service. I sent them 3 emails over about two minths asking for them to contact me regarding the poor internet service and received no response. Over 14 days I then sent them two further emails threatening to terminate my service and use a different provider if they did not respond. Still nothing, so I sent them another email giving them 30 days notice to quit, paid up all my bill that was due, and switched to sky. They have since been bombarding me with text messages, automated calls and operator calls chasing me for £247 they claim I owe them for cutting the contract. I informed them that I gave them at least 6 opportunities to speak to me, and several phonr calls and never received any help. I have been threatened with them cutting my service, laughable since I dont even use them now and havent for ages. I am however getting sick to death of them constantly texting and calling me. I have made it COMPLETELY clear that Im not paying them, in writing and on the phone, but they keep bugging me. I told them today that enough was enough and if they were so sure of their position then they should take me to court since I was going to be taking action against them as I am tired of their harrassment. Any one got any advice on where to go now?
  2. would the social security administration act not be a decent string to add to this bow as well? I have been in touch with them, and they want to see my income and expenditure again. I told them them my income was only £71 a week, as they can see from looking at my account. Anyone got an email address for Nationwide?
  3. Ok so I was recently intentionally rammed by a guy who then made off with out stopping. (I was on foot in front of the car) My knee has been pretty seriously damaged and will require a full cartilage transplant and will be undergoing surgery soon. My question is this. The driver was disqualified (for the third time) and wasnt insured. Hes been charged with assault, ABH, driving while uninsured, driving while disqualified, failing to stop and failing to report. My two questions are these:- despite being identified by myself and the owner of the takeaway where the guy was working, hes pleaded not guilty and been sent to crown court. potentially what could he be looking at? and second obviously civil proceedings have been initiated and the insurance comapany that insured the car have admitted liability without prejudice whice im told means theyll pay out and then try and sue the guy who was driving. Is this actually a realistic thing for them to do? Id have thought they insured the named party and no one else? ie, not the guy who was driving at the time??
  4. Ive had a 'friend' staying with me for 5 months. I drafted a written tenancy agreement with him and stated I was happy to wait until he had sorted out housing benefit to pay rent to me or to the housing association that the house belongs to. Written permission from the association was sought and granted, and the application was put in. After 5 months of him piddling about I finally had enough as I hadn't received a penny. I told him rent in a week or your out. He subsequently did a bunk leaving the house in a disgusting state as I had been away for a couple of weeks looking after an ill relative. I have an address that he has post sent to but not the address where hes actually living. Ive spoken to housing benefit who inform me that he failed to return documents they had asked for so his claim had been rejected. I am unable to appeal to recover rent Ive paid as he has to be the one to register an appeal. The housing association have said theres very little they can do but recommend legal action. Ive started a claim on moneyclaim.gov but havent finalised it yet as £70 is a lot of money to start the claim when Im unsure of my legal stance. Advice anyone?????
  5. Quickest way of avoiding the car being taken no matter what is to transfer it to your name rather than your husbands. Once youve got the V5 in your name the bailiff cant touch it.
  6. As a rule of thumb the Bailiff will be issued with three pieces of paperwork for the warrant from northampton bulk clearing. One will be the letter you have received (Im assuming its the standard one with 'BAILIFF REMOVAL' in red on it, (well thats the standard from Equita or Marstons anyway) the two others will be the details of the offence including vehicle reg, date and location of offence etc and the time and date of the appearance before the court and the date and time of it being issued to the enforcement officer, and the last one being the warrant of execution with the relevant details for the bailiff, DVLA checks (if done) and name and address etc. The Bailiff if following good practice will include the second piece of paper to give you more information but is not required to by law. I would suggest calling either the court or the bailiff, this does not mean you are accepting it, but the bailiff MUST give you more information in order for you to look into it yourself. Once thats done there is other avenues you can go down such as conducting a statutory declaration before the magistrates court or going from there. Rule of thumb is always pay a council a quick as you can that way it can be as low as £30. I know that lots of people on here will jump on me for that, but lets face it, matters that come from councils or courts are complete tw*ts to deal with if the matter escalates. Hope this has helped.
  7. Sorry guys but have to correct a point on here. The Bailiff CAN in fact take a vehicle on HP, but only if a certain amount has been paid off of it, between half and 3/4 one of the two, I cant recall which. So please get the advice right on here, telling someone that a bailiff cant take it then watching it happen can be very distressing.
  8. Hi Can I ask if the outstanding matter is due to council tax or a fine? If its a fine youre going to have real problems getting it on a payment plan as the courts dont look favourably on it due to the fine already having had a chance to be paid but ignored. That and it will have gone back before northapmton county court again so they are more keen to collect full payment. If its council tax theres no reason that they should reject a reasonable payment schedule.
  9. No not really. she arrived a fair bit before the settlement, bearing in mind her birth was one of the reasons it was adjourned for quite a while.
  10. VICTORY!!! The magistrates have decided to find 'Special Reasons' and decided to decide my case and gave me an absolute discharge. Bailiffs are also in the sh*t for trying it on and the court and information commisioner are both gunning for them hahaha!!!
  11. Shes doing fine. Having a good whinge while having her lunch at the mo. 6 months old yesterday, Its weird to think that this has gone for that long really.
  12. Yes, Im back in work doing two jobs that between the two bring me in a pretty decent combined wage. Sadly one of them is back doing the doors which I hadnt really wanted to do, but it brings me in just over£150 a week for 9 hours work, so cant really complain. My other job is 4 full days a week, so between the two We're doing ok.
  13. As Ive said, Im not going to be disclosing any amount regarding the settlement. Im not that stupid. Still no reply from them though
  14. If its gone through a court then surely that means its more than those stupid 'PCN' notices you get on private car parks that arent enforceable?
  15. Well done on playing the game and apparently getting a result. Although I gotta say theres one or two things that dont seem to ring quite right to me. You say you had confirmation from both the company and the court that the Bailiff was certified but you still you seem to be casting aspertions as to his credibility, is there some reason for that? Also, I know you were acting for your wife and all credit to you, but why didnt you just pay the matter (which you seem to have accepted was valid, please correct me if Im wrong) and avoid the charges altogether? You seem to have been keen to remove your details, but equally as keen to 'name and shame' the Bailiff who through reading this to the end seems to have had a valid warrant, was acting on a direct order from the court and was doing his job. This seems as though were he or his company to see these posts and read the accusations of misconduct etc that seem to be being levelled at him, he would have a extremely strong legal case to take action. Perhaps discretion would be the better part of valour on this case? Im no fan of Bailiffs who act beyond their authority and I think you deserve all credit for knowing the grounds of your complaint, but I would be very uneasy crowing about the apparent 'victory' you are claiming as it doesnt seem quite as cut and dried as you are claiming it to be. Again, I would be happy to be wrong, but I think that perhaps over eagerness to 'beat the bailiff' has in fact been the true victor here............
  16. This wouldnt be in a clause for a security company by any chance would it?
  17. Sorry but Im not about to breach the agreement I signed to keep schtum. I value being out of debt too much. I still havent heard a word back from them yet. I have a funny feeling they may just be kicking themselves for cocking up and possibly just forgetting the whole thing. Im keeping my emails that Ive sent them as proof that Ive offered to pay it back tho...........
  18. Well they sent me another letter so I bit the bullet and said Id pay them £25 a month. Non negotiable, Take it or leave it. And I then reminded them that since they had accepted the company had scuppered my employment chances that it was their own fault I wasnt earning more. Lets see what I get back. God I love being an annoying toe rag!!! Makes me feel that justice is being done now that Im being just as big a headache to them as they were to me lol
  19. Ok havent updated this for a while, but yes its still going on. Ive been back to court three times, repelled the bailiffs twice, and FINALLY got somewhere last week. Went to court on the 12th december 2011 and had the matter fully reopened, then adjourned after the magistrates said I could have a chance to write to the police and to the drivesafe organisation. I did so, recieved a reply from the drivesafe lot saying it was nowt to do with them, and I should contact the Police. I did that, and received nothing back from the police by the time I was due to go back to court in 16/1/2012. Fortunately this time I wasnt up before a magistrate, rather a full blown Judge. As I had written proof that I had done everything the mags had told me to do, and as the prosecutor didnt have a clue what to do, the Judge handed down a bollocking which he told the prosecutorto pass on to the police. As there was ample 'special reasons' he told the prosecutor the police had 6 weeks to reply. He also said the court wanted to make it clear that they would look favourably on my being allowed to sit the course as it was the most 'common sense' result, as I had already paid for it once and was not objecting to paying for it again. He also made it clear that if the Police said no, then I should return to the court on 27/2/2012 where he would arrange to have the case heard before him again and he would encourage me to argue special reasons and to ask for an absolute discharge which he would be inclined to grant. He also had some extremely scathing words for Marstons bailiffs who turned up at my front door a week after the initial adjournment attempting to force entry and congratulated me on standing up to them. He also suggested I take civil action against them for their actions. So all in all, a positive outlook so far. The fight goes on..............
  20. Ok havent updated this for a while, but yes its still going on. Ive been back to court three times, repelled the bailiffs twice, and FINALLY got somewhere last week. Went to court on the 12th december 2011 and had the matter fully reopened, then adjourned after the magistrates said I could have a chance to write to the police and to the drivesafe organisation. I did so, recieved a reply from the drivesafe lot saying it was nowt to do with them, and I should contact the Police. I did that, and received nothing back from the police by the time I was due to go back to court in 16/1/2012. Fortunately this time I wasnt up before a magistrate, rather a full blown Judge. As I had written proof that I had done everything the mags had told me to do, and as the prosecutor didnt have a clue what to do, the Judge handed down a bollocking which he told the prosecutorto pass on to the police. As there was ample 'special reasons' he told the prosecutor the police had 6 weeks to reply. He also said the court wanted to make it clear that they would look favourably on my being allowed to sit the course as it was the most 'common sense' result, as I had already paid for it once and was not objecting to paying for it again. He also made it clear that if the Police said no, then I should return to the court on 27/2/2012 where he would arrange to have the case heard before him again and he would encourage me to argue special reasons and to ask for an absolute discharge which he would be inclined to grant. He also had some extremely scathing words for Marstons bailiffs who turned up at my front door a week after the initial adjournment attempting to force entry and congratulated me on standing up to them. He also suggested I take civil action against them for their actions. So all in all, a positive outlook so far. The fight goes on..............
  21. Yeah go ahead. Id be curious which bit you think would help, even I dont know whether its going to work or not lol
  22. OK This is the email I sent last night. Dear Sir, I recently wrote to you to express my dissatisfaction with a visit conducted by one of your Bailiffs, a Mrxxxx. I note with some dissatisfaction the blatant attempt to ignore my complaint. Although this is unsurprising as you were never going to take any complaint seriously when you have not had to answer for it via an independent body. Mr xxxx attended my property and put a notice through my door when I was not home stating the next time he attended he would use a locksmith to force entry, and increase costs. You have absolutely no legal standing to attempt this action before clarifying whether the Debtor actually did live at that address, and since Mr xxxx had NOT spoken to me, he did not possess that information. I then appeared at Oldham magistrates court on 12/12/2011 and had the matter reopened and adjourned to 16/01/2012. Despite enforcement action being suspended, and the courts making the enforcement office aware of action being ceased, Mr xxxx attended my property again several days later, and sent me a text message saying he was going to remove goods. I then spoke in person to Mr Xxxx outside my property and informed him any attempt to enter my property would be met with reasonable force to remove him as he did not possess a valid warrant. Mr xxxx attempted to tell me he would force entry if he had to until I showed him paperwork from the court that proved what I had said, and Mr xxxx then confirmed it himself on the phone to the court. I further note Mr xxxxs language (ie, For F*cks sake, why wasn't I told that before I left) and then agressively winding up his window and driving off was distinctly unprofessional. I have today spoken to a Judge at Oldham magistrates court, (I wish to clarify, a JUDGE, NOT a magistrate) who has made it clear that these actions have left both yourselves and the Ministry completely open and defenceless against a civil action as you made no attempt to clarify the warrant before attending my address and making threats against a family with a new born baby in the house. The Judge has actively encouraged me to seek legal redress in this matter. I therefore now intend to pursue action against yourselves for allowing a Bailiff to attend WITHOUT a valid warrant and Mr xxxx for his incompetent and arrogant behaviour. I therefore require the following information. 1) Mr xxxx's Certificated Bailiff information. 2) Marstons Bailiff certification information. 3) The information of the Marstons officials who sent Mr xxxx to attend my property without a valid warrant. 4) A copy of all warrant paperwork regarding my case. You have 14 days from the date of this email to respond with this information. I should also make you aware that the Judge in this case has made arrangements to have this case retained on his docket and will be following the action I am taking against you. I firmly encourage you to disclose the information I have requested as a matter of urgency. For your information this request is made under the terms of the Freedom of information act (2000) and the Data Protection Act (1998). Regards,
  23. Well I sent a complaint off to marstons last night, I'll post it up when I get down to my lap top and see what you guys think.
  24. Ok so heres the situation now. The wife went and decided to use the extra money to pay off our car insurance and the last of household bills and didnt tell me first. Not really arsed, but hey I would rather she hadnt. Still, anyway, I got a letter about three weeks back asking me to pay it back within a week. Ive heard nothing since. Il offer to pay it back at a reasonable sum a month if they take any action but Im thinking since theyve admitted screwing up my chances of gaining full time employment, they dont really have any legs to stand on to demand a higher repayment, thats assuming that they actually do bother to try and pursue since I imagine till cost them to do it, especially since its their own cock up
  25. Ok this may be a little long winded, the background isnt really relevant but the crux of this matter is a while back I got a speeding ticket and a fine. I had moved house and didnt know anything about the specfics of the action (I knew something was going in but had made an appeal before hand and that was the last I knew of it) I got a letter through my door from a Marstons bailiff when I wasnt home, that said they wanted £400 and were going to return with a locksmith and add £250 to the total. I went to the magistrates court (12/12/2011) and had the matter adjourned to gather information until (16/1/2012) and the court ordered ALL collection and enforcement to cease until that date. About a week later the Marstons bailiff attended my address again and sent me a text message saying he was going to force entry and take goods and that I should contact him immediately. Fortunately I was at home and went outside to speak to him. He refused to show me a warrant card, only a marstons ID badge, he also refused to show me any of the warrant information. He then said he was going to enter my property. I made it very clear that if he set foot one inch past the threshold of my garden I would bodily remove him as A, I had a newborn baby in the property, and B, his warrant was not legal as it had been suspended on the 12th. He refused to believe me and said If I tried to stop him he would have me arrested. I then got the paperwork from the court that I had been given to prove I had had the matter suspended and he accused me of having a forged court document. I stood firmly in the way of his van door on the public pavement and would not let him exit his van until he rang his office to clarify what I had told him. He eventually did so, and was put through to the court who confirmed everything I had said. He then swore, wound up his window and aggressively drove off. I was at the court again (16/01/2012) and the Judge (yes a Judge, not a magistrate) said I should consider taking civil action as it was quite clear that the action had been suspended and there was no valid warrant in place for the second visit. The matter has been adjourned again and the Judge has said he will very likely dismiss the entire matter under 'special reasons' but he wanted the matter retained in his docket so he could follow any action I intend to take against the Ministry and Marstons. I have emailed marstons for their version of events but doubt Ill get anywhere with them. Anyone have any ideas/pointers on my next move?
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