MY daughter just told me she’s been paying off a fine for £600 a bailiff called at her next doors , whilst there they clocked her car in the drive way , not sorn not taxed off the road ... I know i know broken waiting money spending on it [ Ford] turns out the DVLA took her to court in Bristol long way aways because she hadn’t told the DVLA she’d moved and BENETTS bought the debt , and chased her up at the new address to collect the payments ... how horrid is that?

Hi Bazza I really don’t mind who moves here it’s out of the flats I’m after , but now I’m stuck here trapped unless I fall over and damage myself permenatly or sadly get a medical condition that requires ground floor accommodation. I feel like in old age older folk require the right accomadation for their needs to help them keep their independence , but to keep me here trapped in a first floor flats is not fair. as a group to simply eliminate your place on the list due to age is nonsense I fully appreciate there is a housing shortage but by keeping me here is wrong? If the council were to have to house folk earlier in care homes due to residents being in isolation it’s certainly going to cost the tax payer a lot more , and as the population is made up of a very large % of elderly this policy is shortsighted to say the least.

.So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either . ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home , no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty) relating to age discrimination. But I’ve also come across this in LAW Quarterly online Mag. LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing). Interesting i thought?

Hi, Ex gratis Raven

After a lengthy complaint my HA communications manager has awarded me a refund for restricted services , however he states that as I’m in arrears he’s going to apply it to my rent account . 1) Not in arrears I’m just not in advance , and as I’m currently in dispute (again) with Council they say it’s ok to be. 2) why should anybody apart from the rent team have access to my personal rent statement /account? 3) who is officially authorised to see such sensitive data? 4) Embarrassed and shamed reading a letter from manager who thinks I’m in debt, who thinks awarding me £50 is a big gesture! Thanks

MF I have nothing but admiration for you, I’m very glad that you have the buyer , if it were me in your position now, I would go back to court and let the judge know the other party are trying to add costs even tho these can sometimes be added to the final mortgage amount and and find out if indeed it was the judges intention you should be liable, because maybe there is a difference between a secured loan and a mortgage ? The other aspect worth mentioning i think, is that firstplus failed on many counts to adhere to pre court action protocol also failed the the lenders duties, together with many other aspects listed in the shelter advice site leading to: order the lender to pay your legal costs and stop your lender from adding their costs on to what you already owe them.

Hi Andy, all, update on case, after a subsequent hearing today in relation to SB payments the first line of our defence was thrown out, due the probability the payments the claimant had on file were those of DCA in respect of M&S .. 2nd line of defence unenforceablity case for the defendant, on the grounds of no evidence of a default notice served, no copy and claimants blank template notice insufficient document and unsatisfactory, case dismissed! NB Judge also made mention of the assignment notice, and copy of contract but was only directing on the two grounds at issue today, SB and Default as set out in previous hearing of January 2015. Thanks for all your help folks, to all facing court, know your rights, speak up for your self, don't be afraid of the system, it works with you not against you..

Hello again, I wold just like to know, if i file my witness statement but want to add a further statement, with late evidence say on the day, can it be done?

can i ask a few questions regarding claimant witness statement please? 1.A s i (we) entered only the SB defence does it mean i can no longer ask about documents relating to the case, ie assignments credit application form ect.. as the WS (claiment has mentioned these.. 2. Is a microphese copy Small as it is constitute a true and real document? 3. the Credit application is dated January 2007 with a default with a default date of Dec 2008 is that date SB as if no payments on account can substantiated? ie proved/ I wrote and asked for the original credit source of the contended payments with no clear answers, how do i bring this to the attention of the court? 4. if the assignment were to came from anoyher debt company do i not need these assignments as well? 5. how do i defend the costs and interests of the claimant? please? Many thanks

Thanks Andy, I hear you..

Just says DJ has considered the statements of case and questionnaire filed and has allocated the claim. . that the claimant should pay the fee, and if the case is settled we should inform the court. but if the claimant wants to withdraw before the court date t hey must give seven days if they want the fee back..

The District Judge have ordered to file and serve at least 2 weeks before the hearing, Witness statements one for the Court and one to the Claimant .. it states "who is a witness" - "can be anyone who attends court to say things in support of either sides case is also a witness", my question is: can that be me on behalf of my Daughter who will also be present? Starting to prepare witness statement will post when i have a rough copy for approval..

Ok.. So we now have a small claims court date 21st January, 2016 and that the Claimant shall pay a fee of £335 by the 9th November refundable 7 days before said court date if they want discontinue the claim.. IE if it looks like i made a half decent case against them.. because they have not given all the correct legal prerequisites..

Thanks Andy, As we havent heard from the court since April, does this mean they are not going to proceed with Court possibly??

Hi all, So, the latest is we sent the DQ and mediation said that as the claimant hadn't sent any/all the documents to us as required we were awaiting a small clams court date, - none received, instead today we get the "Periodic statement" dated 5/10/15 to include costs: 15/4/15 £80 - costs 15/4/15 £185 - Fees increase 15/4/15 £96.85 interest original debt £3004.12 New figure £3365.97 - claimants amount as in court papers from MCOL "Please note if legal action is taken on this account please note this statement will not include legal costs and statuary interest which is being claimed but is yet to be awarded by the court". As yet no court date? any thoughts please anyone..

Hi Stu, The repairs are finished save for the redecorating of the walls that were damaged in the process of taking down two ceilings, and HA refused the offer by said contractor to repair the damage, doesn't mean that they wont redecorate, just that if they decline to do so, i think i should ask for recompense.. I took off three days of paid work in the last 2 months to accommodate all the appointments necessary to reinstate the ceilings, plus, electricians, plumbers and heating engineers, luckily i work part time, but that does not mean it's ok, i am thinking of claiming three days pay, plus a further nominal fee for three days of their missed appointments, say £25 each, so roughly £200 for my trouble, plus if they are not going to repaint the walls another £200..? The link you posted mentioned stress, well it's been ok really, just alot of moving things from one room to another, x2 and reverse x2, hard work, but that not at issue..

Hi Bazooka, The HA is L&Q.. no contents insurance, actually no damage to my goods whatsoever, just claiming for my own time and trouble really..

Hi there, A while back in June i had a major water leak, basically 50 galls came through the ceiling at a great rate of knots causing significant damage to lounge and bedroom ceiling, subsequently I've had two new ceilings as the old was asbestos (apparently) ..a new boiler and other ongoing internal works.. as we speak. If It were not for that fact i was here at the time of the leak it would have been catastrophic not to mention the flat below, the firemen who attended were none to pleased and reported their findings to the HA as failure to reasonably repair previous damage and works to this property. .. yes the ceiling had been down two years previously.. I've been put out massively, moved my contents in and out of rooms/bedrooms, waiting in needlessly for workmen that don't turn up and been without ceiling x2, no hot water and cold water at various times. My actual expenditure has been 1 meal out due to the flat being uninhabitable literally, and paid for a few boxes i got to store all the clutter that comes with a lifetime, the HA has an online form that i need to fill out, any idea's please, I've lost three days unpaid hols, i definitely think these should be reimbursed. My question is how much compensation should i claim, if any? Thanks

Hi again, Daughter filled out a new DQ, subsequently phoned the mediator for appointment, they told her as the claimant hadn't sent her the original creditor docs she couldn't/ wont be able to have mediation and should wait for a court hearing? ? Normal procedure from mediation agency?

Hi there, Received a letter from court today date stamped 1st July it says i cannot represent my Daughter aka ( a Litigation Friend) without authorisation from a local court and that i must include this with the DQ - which i haven't done of course, and the date is lapsed for submission -failure to do so will result in my/her defense may be struck out and judgement entered against me in default umm, what the heck do i do now?? Help please if poss. thanks

Thanks Andy, ..will write today,

Hi again, Received the DQ from 1st credit with mediation ticked, so do doubt await phone call from them? Should i be writing to 1st credit asking what/where are the misc £70 payments from, as daughter cannot find bank statements to verify, do 1st credit have to prove they were made, should i be concerned as these can potential restart the SB clock? still have no T@C default, agreements and assignment doc, just the statements from M & S Thanks

I see, ok, thanks Andy...

ah, yes 2008 .. only nearly 20 years:lol: it will ok though?

So.. i've 'lifted' Cager member pt2537 template on help with allocations questionnaire and propose to send it tomorrow AM XXXXXXXXXX -v- XXXXXXX Claim No: xxxxxxxxx N149 / 150 **Allocation Questionnaire Section G / H **- other information If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order. The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment 29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signatureicon of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order. Its is respectfully requested this case be allocated to the small claimsicon track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer Therefore it stands to reason that this document must be disclosed before this case can progress any further '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' xx June 2015 Dear 1st credit........ Please find the following attached to this allocation questionnaire; 1) Section G / H ** - other information 2) Draft order for directions This allocation questionnaire and its attachments were sent by Royal Mail recorded delivery to the claimant on xxx June 2015 Yours faithfully signature............................................................................................ XXXXXXXXXX -v- XXXXXXX Claim No: xxxxxxxxx N149 / 150 **Allocation Questionnaire Section G / H **- other information If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order. The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment 29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature icon of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order. Its is respectfully requested this case be allocated to the small claimsicon track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer Therefore it stands to reason that this document must be disclosed before this case can progress any further ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''