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  1. After a few requests from the secretary, asking for the bushes to be pruned, my wife pruned them a week last friday. sadly she got an infection in her right hand ,which spread to her right arm. She has been off sick for nearly a week now after the infection that started in her hand causing swelling quickly spread to her arm, causing that to swell too. As my wife is part time, she only earns around £76 from her employer so I am guessing she won't be eligible for SSP.Is this correct, as I believe an employee has to be earning at least £111.00? As the accident occured on her employers premises, is he therefore legally obliged to pay her full pay while she is off sick?, furthermore, can she also claim for loss of earnings from her second part time job? As the company only employs around 4 or 5 people, are the company obliged to have an accident book? .the law states that a small company are not obliged to do so, but what is interpreted as a "small Company"? Her employer did not provide my wife with any PPE. My wife provided her own gardening type gloves. Any help with the law and any implementations would be greatly appreciated.
  2. Hello I have two Student Loans dating from 1995 and 1996 that I took out whilst at Aberdeen University. For many years I deferred them with the SLC with no problems until 2011. In 2011 whilst self-employed they refused my deferral due to the chap that I was sub-contracting for not writing the letter regarding my income on headed notepaper. I probably had some communications from them which I ignored as this was during a spell of depression and ignoring my debts. Back to present time, and this week I have received a letter from a company called Thesis Servicing (only has the 1995 account number on the paperwork) advising me of there intention to register defaults for over £3800. (this must be both loans combined.) There is also a letter that appears to be a default notice. I am still on quite a low income, what shall I do? I was hoping that after 20 years the sums may be written off. I really don't want a CCJ, is it best to see if they will accept a low monthly payment? Many thanks in advance for any advice given.
  3. As a regular Cagger I often look for new legislation and points of law to assist any and all posters. With this in mind I have been looking for ways to assist disabled people of all types and the use of mobility scooters/wheelchairs/power chairs in a public/enclosed public spaces finally tower/office blocks that have lifts and the like. Why would I do this? I myself am disabled and have often been shunned by Local Government and many more service providers. Today whilst drafting a formal letter of observation/s to my LA housing provider and their Arms length Management Organisation (ALMO) I came across this nice little piece of information. See here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441785/BR_PDF_AD_M1_2015.pdf PDF attached in case the link gets broken. The reason for my enquiry is as follows. 1. Is this now legislation? see the section marked (Main changes in the 2015 edition) page 2 2. Can it be used to defend the banning of mobility aids? 3. Can it force any LA/others to adapt their properties under this (Act?) if it is already an Act 3a. (It does state it comes under the buildings Act 2010 (Amended 2015?)) 4. What impact can this have on any type of "Premise" in the future? 5. What impact will/could this document have under Equality Act 2010? This is a thread of interest for many disabled persons and I think worthy of discussion, why since there have been significant cuts in services for those that are disabled I feel it is time to fight back and get the full protection of the law.... As always your thoughts please. Note to admin: If you can find a home for this thread in the correct forum please feel free to move it for me please....
  4. Hi guys - really need some advice! I received a PCN for allegedly parking without a valid permit around three months ago, I foolishly disregarded this and thought nothing more of the matter. Imagine my surprise when I received the below correspondence - This is the first letter I have received with regards to this matter and was wondering how best to proceed?
  5. Hi All, I am in dire need of assistance! I have recently been applying for a Mortgage which has been declined last week due to a default being placed onto our credit files (Me & my wife) by Halifax for an old basic current account which we have not used since 2009. A brief timeline of the events so far.... 17/07/2015 - Applied for mortgage via broker, lender credit checked and issued DIP the same day. 31/07/2015 - Unknown to us until yesterday a new entry for "Halifax" added to both my Wife's and my credit files. 17/08/2015 - Formal mortgage application sent to lender. Lender conducts another credit check and obviously discovers that a default has been added on since the initial credit check they carried out in order to issue the DIP. We had already chosen the property, had the offer accepted etc. The solicitor has ordered the searches as well so we could be considerably out of pocket. I have not had an adverse mark placed on my credit file in over 4 years so to have a default placed 2 weeks before a formal mortgage application is just about the worst thing that could possibly happen timing wise!! What is even worse is that the default is for £39!! The entry on our credit files is as follows: [ATTACH=CONFIG]59110[/ATTACH] As above this account has not been used at all since 2009, we have zero communications from Halifax no statements, letters nothing whatsoever. I managed to find some old paperwork with the account number on it so called into a branch today to en quire as to what had happened to cause a default to be placed suddenly after so many years of inactivity. The chap I spoke to in branch trawled his computer to find the last transaction and issued me with a mini statement which reads as follows..... Sheet: 1 Of 1 Date Issued: 13/02/2010 Date Activity Paid Out Paid In Balance 13Feb10 0.00 13Feb10 CHG ACCOUNT CHARGE 15.00 0.00 15.00 DR TOTAL PAYMENTS/RECEIPTS: 15.00 So as you can see the balance on the account was zero, then for some unknown reason Halifax applied a charge of 15.00. Presumably this has been incurring interest for the past 5 and a bit years hence the default of £39.00. There are no other transactions recorded for this account after Feb 2010. I appreciate the correct approach to this would be a SAR etc.. however as explained above I have just had my mortgage declined. Our existing tenancy agreement terminates in October with no change to renew. And I dare say we will struggle passing the stringent credit checks carried out in the current rental market. So I need to fix this problem as quickly as possible, we also have an appeal in progress with the lender which I am pretty sure will not succeed whilst these marks remain on our file. In summary Halifax have put us into a dire position by registering defaults based solely on a single bank charge some 5 and a bit years down the line!! Without any notification whatsoever. Obviously I need to send a letter asap but my head is a shed at the moment and would appreciate someone giving me some starting points.. Many thanks in advance for any assistance offered.
  6. Hi, I have debt from pre 2007 which, after a few years of creditors leaving me alone is now coming back to haunt me full pelt in the form of solicitors letters from Debt Collectors. I suspect this is because they have wind via the land registry that I bought my parents house two years ago (to help them secure a more affordable mortgage after their ill health prevented them from working). The last time any of these debts were acknowledged was February 2011 when a DMP made a payment on my behalf. However I do not know any more which debts are still outstanding. I have suddenly been hit with a County Court Claim form (dated 12th August) saying that Shoesmiths LLP are claiming money for a debt (pre 2007) on behalf of their client Arrow Global Ltd. Before the Claim hit me I wrote to Shoesmiths asking for proof of this debt and they responded to say they note my comments and have asked their client for a copy of credit agreement , statement of account T&Cs and notice of assignment. They said my account would remain on hold until the above documents are received. However I got no further correspondence to say they had secured any proof of debt and the very next thing I got was this county court claim form! I responded to the claim form online by filling out the acknowledgement of service, saying I intend to defend the claim. Now what do I do in regards to the defence? I am not sure if the debt is mine as I have seen no proof of it. I know it is certainly pre 2007 if it is. However there is a chance that a payment could have been in Feb 2011, but this payment like I said did not come direct from me but a DMP so I have no record of it. I want to be able to file a defence saying I do not acknowledge the debt is mine but not sure how I do this?
  7. We parked at Port Isaac car park and paid £5 for a full days parking. When we returned to the car 2 hours later we had got a PCN. It looks like we may of left a window slightly open and the ticket had overturned. After searching these posts I chose to ignore the PCN and wait for the NTK arrive. I sent an appeal with a copy of the ticket when the NTK arrived stating that they hadn't suffered a loss and that to provide me with a popla code. I've received a letter back today stating that my opportunity to formally appeal has been lost as it should of been done within 21 days of the PCN. It does also state at the bottom of the letter 'please note, we have reviewed your case and can confirm that the PCN was issued correctly, therefore any appeal would have been rejected in any case' Any advice on what to do next please, do I just ignore it or is this company likely to take it further. Also should they have issued me with a popla code.
  8. Hi Before I speak to my local council tomorrow I wondered if you could help me with a question. I received a housing benefit review letter with two form. As a sole trader I have to fill in my expenditure form-no problem. The other form is an A/B/C form. Part of the form is asking me to send in 5 weeks pay slips or 1 month payslip. I don't have either as I am self employed and don't have pay slips. Thanks
  9. Will someone please copy and put up here the terms and condition of the insurance. Would you also let us know 'exactly' what was said to you in the description of the policy, what was covered and what personal questions were asked about you?
  10. Afternoon all I'm hoping someone can help me advise a friend with an issue he has at work My friend is employed as a civilian within the emergency services. Recently they have been under a review, this subsequently resulted in a re structure within the department. My friends job title has stayed the same but the name of the unit changed. They were told to sign new contracts or accept redundancy. This new contract was at a lower pay scale losing them a few hundred pounds per month. Contracts were signed to stay in employment but stated as accepting under protest. Their role profile had 3 duties added to it (things they don't do and have received no training for), in fact the role profile and summary of duties are 95% the same as before. Due to the restructure of the department the role was classed as a "new" role; due to it being classed as a new role (even tho the exact same duties are carried out as before) the review team and the HR department are saying there is NO right to appeal the decision. My friend is wanting to submit a fairness at work grievance as they have not been allowed to comment or input on the entire process (despite being told they could, their job has even been re-evaluated by people who do not understand the complexity of the job) Can anybody offer any guidance or advice as to the legalities surrounding this scenario and what route to take for a grievance against their employer Cheers Fore_right
  11. Hello all, as a newbie to the forum please bear with me. Here's the situation. In march 2015 I was issued with a parking ticket for parking outside the gates to my apartment complex. The reason I parked outside and not inside the gates in my private space was that the electronic gates were broken and it was nearly midnight. I parked in of the two visitor bays and went to move my car back in in the morning, by which time a ticket had been submitted and the gates were fixed. I appealed to the company but they told me my appeal arrived too late and that the matter would have to be passed on. Currently my fine is with a debt recovery firm who are now demanding 160.00 or I face court action. I spoke with the debt recovery firm but they told me the best they can do is take a reduction in the fine. I feel really aggrieved by this even though I know I am not without blame for appealing a little too late ( a few days ) but I am so annoyed that it was because of the broken electronic gates ( which are always breaking down ) that I must now face court action or a large fine . If there is any advice anyone can offer me I would be very grateful. Kind regards.
  12. I am in a huge mess financially and I lost my home last year due to the fact that I couldn't afford the Bedroom Tax - my son had moved out etc. I have moved into my Mum's house where my brother also lives. Several weeks ago I received a Bailiff letter from Bristow & Suitor (for Council Tax at my previous address approx £1000) and I paid him £50 over the phone (he had posted a letter through the door) I then arranged a temporary payment of £10 per week for 8 weeks after which a review would be conducted. I only work a few hours a week - and failed to make a payment due to not earning any money that week - because of this, they have removed the temporary arrangement and have said that I now have to wait for the Bailiff to call. I am worried that the Baliff may call whilst I am not in and my Mum being confronted by the Bailiff and/or him attempting to take her's or my brother's property. I use my computer to earn money - I do online Market Research after my Benefits were stopped a year or so ago and couldn't get a job - can he take my computer? Is there a possibility that he could take my Mum's or my brother's property? My Mum is getting on and wouldn't know how to deal with a Bailiff. I intend to carry on paying the £10 per week - even thought the arrangement has been withdrawn as at least I will be paying something. I am terrified I could end up in prison and I would really appreciate any advice.
  13. Citi-Opus-Cabot Court claim issued Acknowledged to Court and solicitors CPR 31.14 submitted to solicitor Agreed extension with solicitor Have had no further contact from Solicitor Would like help with submitting defence without any info
  14. Afternoon all having been a long time lurker on this forum I thought I'd post and ask for some of you experts on here to give some advice on a situation with K & Co (Shop Direct). The background to the situation is as follows. My mother in law opened an account with Great Universal some 20 years ago. They have now changed to K & Co and are part of the Shop Direct Group as you are all aware. The problem arose when a customer of my MIL (in fact my Sister in law) ordered a number of items on BNPL one of which was a note book computer type thing. My SIL states that the notebook was fully paid for within the interest free period, but despite this K&Co applied the full interest amount to the account balance (which i note from the statements I have they seem to do as a matter of course one month before they state the interest will be applied). This caused a dispute and my SIL refused to pay the interest amount therefore the minimum payments made were lower than K&CO requested on their statements. This started in April Last year. My SIL bless her has endeavoured to sort it out through telephone calls (eek!) to K&Co "Customer Excellence" and has as you can imagine been fobbed off at every pass. She has written to K&Co numerous times about this dispute and eventually escalated the compliant to the FO who were next to useless but in fairness having seen the letters I do not think enough info was provided by my SIL or enough evidence to back up her claim. As the minimum payments have been lower than requested my MIL has accrued a number of charges on her account. My MIL's position is that as my SIL was her "customer" and K&Co were fully aware of that fact then they should be pursuing my SIL for the notebook not my MIL. K&Co however deny all knowledge of my SIL as a customer of my MIL and therefore state that my MIL is liable for the entire debt. No-one is denying that money is owed, they simply dispute the amount and the validity of charges imposed when K&Co were fully aware that the balance amount was disputed. The matter has now been referred to NDR and my MIL has panicked and asked me to look into it. I have told her that NDR are just a trading company of Shop Direct and I have written to NDR (cc K&Co) explaining that my MIL will not be speaking to them on the telephone as the account is in dispute and that no payment arrangement other than the one currently in place (£84.00 pm) will be entered into until the dispute is resolved. Therefore my questions are: 1. K&Co final decision letter was written on 30 June last year. Can we still CCA and SAR them? 2. Is it worth sending a CCA as there obviously is an agreement in place (goods ordered/received etc) or is it best to go straight to SAR? 3. Does the fact that the FO was involved mean that no further action can be taken? FO involvement ended abruptly in Nov/Dec last year when MIL and SIL fell out over this. Any suggestions very much appreciated!
  15. Hello all, anyone know about second charge and Deed of entitlement? Interesting Case with IDEM Capital, advice required please Hi All Slightly complex situation but here it is, any advice appriciated. Overview We have a mortgage with NRAM and a secured loan with Picture>Webb>IDEM. We cannot make payments and are in default. NRAM looking to put us on a voluntary repossession scheme which are happy with. IDEM have had us is court. Today was the third hearing and they didn't show as they cannot find the correct Deed of Entitlement information, witness statement and paperwork. They asked for Adjornment via letter (not sent to us only the court) but the Judge struck out the claim as they had said they would based on second hearing and paperwork etc beign wrong. What kind of solicitor can best give advice on this? (I.e Conveyencing, housing etc?) Given they cannot prove Deed of Entitlement can we challenge their charge at the land registry and have it removed? Again, your advice is most appreciated!
  16. I am just trying to get some information to help someone. Couple in their 60's sold their property on one of these sale and rent back schemes. They were told at the time that they could stay in the property for life. What they did not realise at the time was they signed an AST. They have now been issued with a section 21. Now the fun starts. The current owners have since confirmed in a text that they did say the tenants could stay for life, but then said that circumstances have now changed and they need to sell the property. - does this trump the Sect 21 The tenants have repeatedly requested a copy of the AST but the owners will not supply one. However tenants now found a copy that is not signed by the owners and the tenants signatures have not been witnessed. - is the AST valid When the tenants sold the property they did not get any legal advice so I assume that the purchasers may have used their own solicitor for everything - possible conflict of interest. The current owners have a mortgage on the property but I am aware that many BTL lenders do not allow a mortgage where the vendors stay in the property - possible mortgage fraud. Would a SAR to the owners/landlords force them to produce the AST they hold, they are not aware the tenants have found theirs. As usual all advice appreciated.
  17. I am sure this is being posted in the wrong place, but I have no idea if there is an area here for it, so please excuse me if its wrong. Just a question really. I have an uncle who is in his late 50's. He lives in a council property, but came into a bit of money about 7 years ago, which was enough to add a small conservatory to his home which he and his wife use. His problem is, the roof has started to leak, and he cannot afford to pay a company the cost to get it fully repaired. So, every time it rains, it leaks, and this is causing damp to grow out there. He and his wife are both disabled and on income based benefits. I think its income related ESA, plus he gets DLA med-high and she gets pip enhanced-standard. Would anyone know if there are charities or funds that could help them? Sadly they cannot go back to the person who built the conservatory, as it was an off the shelf sale on ebay, not a company and it was my dad and some others that built it for them, and my Dad cannot sort it out as he died last year, so I just wondered if there is any help they can get?
  18. Hello I need some help regarding the above for my daughter-in-law. Facts first; Seperated from my son Claims ESA Support Group CB DLA Low Rate Care & Mobility Working and child tax credits Two children, 1 of which receives higher rate care and low mobility Registered as self employed - working 18 hours permitted work for £20 per week, cannot earn more than that due to ESA rules. Please do not judge, I am stating the facts as they exist and please note, DIL has been allowed to claim these benefits for a number of years but has recently found out that WTC rules due to be made this month, that WTC will need to see she is working for the NMW, which of course she cannot do, just earning £20 per week for self employment and also would need to provide details of her earnings - no records have been kept due to mental illness, just calculated at £20 per week over the year. Fills in self-asssessment every year, declaring her income and taxable ESA, totalling over £7K per year. So my questions are what can she do regarding these new rules, does she no longer claim ESA, should she stop the ESA claim now and lose approx £460 per 4 weeks? Or wait for HMRC to ask her to prove her income and hours worked, which she does not have? And then lose a large amount from WTC & CTC? A couple of years ago she had a compliance check and was totally honest about her living alone with just her 2 children, her work and her benefits allowance. At no point was she asked for records about her employment, she sent proof of bills, bank statements etc. She is now more mentally unstable and I am trying very hard to help her, but she has stated that if her WTC was to be cut, she would harm herself. She has an appointment with the GP on Wednesday. She has previously had care from a CPN. I don't know where my son is and neither does she. She is vunerable and I need some help please as I am not sure what best to advise her. Please don't judge, the system has allowed her to claim these benefits and I can personally vouch for her self employment, she is up all hours of the night doing her self employment, incuding the early hours of the morning as she just cannot sleep. She also cares for my grandson during the night as he has frequent 'accidents' whilst sleeping. I have tried to research these new rules, it stated somewhere that caring for another person can count as work, so she does that, but how would she say that as she is not getting paid for it. If she loses her WTC, she will lose her house and to be honest, I am scared what she will do.
  19. Hi I have a question. I had a possession warrant which was due to be executed lat October. I managed to pay the arrears in full in Decemeber after having the warrant suspended etc. I have fallen behind again and have been contacted by my mortgage company to say that they are going to apply for a new possession warrant. I thought as I had paid the arrears in full they couldn't do that and would have to start a new claim. They replied to this question by saying it stays on file for 6 years, is this correct.? Any help or advice regarding this is appreciated X
  20. Hi, I was pretty surprised to get a CCJ in the post earlier this week. I can post details later, but just wondering if there's anyone on here that can offer any guidance on how to deal. What I understand thus far, is that my only option seems to be to try and defend this. I've never heard of the claimant, I've never had any correspondence from them, which as I understand it, could form part or all of my defence. They've listed interest owing, I am not sure they can do this? It's from a cahoot loan, from around 2002ish, one of the flexible loan types. Santander took over cahoot. I believe I last made a payment in early 2011, and know it's been passed around a fair bit. In fact there is also a DCA unrelated to the claimant as far as I can tell, that wishes to speak to me about this. My feelings are that the claimant may have jumped the gun a little bit and gone for the CCJ, prior to contacting me about this. I need a bit of hand holding through this. I also don't have 9k to pay them off.
  21. I have today (30th January) received the letter below from Parking Eye dated 15 January 2015. I did not receive the original PCN letter it refers to. I changed address shortly before the "Date of Event: 06 December 2014". There was a delay with the DVLA updating my details and my mail re-direction service failed so I assume the original PCN is one of the items Royal Mail mis-delivered. The letter says: "The 29 days have now passed and the amount now payable is £85.00, this payment is required within 14 days to avoid further action." As this letter was redirected and delayed, it is now 14 already over days after it was sent. Please would someone advise me how to proceed? Is it best to just pay the fine now? If there is any way I can still appeal/complain, here's an overview. The I understand the car park at the retail park allows 45 minutes parking free of charge, after which time you must purchase a ticket. On the day in question I spent more than £40 in one of the stores at the retail park (I have the receipt). I then briefly visited other stores at the park but did not purchase anything. I am not sure how much time over the 45 minutes I stayed but I don't believe it would have been very long. The driver and the registered keeper are the same person. Thanks in advance for any help.
  22. My father has passed away and in his will requested a cost effective paupers funeral with no minister, eulogy or any ceremony. He was on Pension Credit does not own any fixed property as such, just normal household furnishings. However we found about £12000 savings. We are ourselves on Pension credit and have very little savings. I am also disabled otherwise we would consider a DIY funeral where we transport the body in a shroud to the crematorium. Funeral directors want over £1000 to perform this simple task. If we are unable to do a cost effective paupers funeral then all his assets are to go to the RAF Association and this places us in a difficult situation as it seems we cannot do a paupers funeral due to the amount of huis savings. Basically it seems our chances of inheriting anything are now minimal. Up to date we have had a few costs regarding his stay in hospitals and care homes over the past 5 months plus purchasing items to make his last days as confortable as possible. We are also concerned whether probate is required as this will be an additional expense. Can any oen please advsie regarding the funeral and probate?
  23. Good morning all, Been a wee while since i've visited the forum, used to visit regular and help out on the payday loan section. Having a little bit of trouble with civil enforcement and they are now taking me me to court. To cut a long story short I went away to Whitby for the day and parked in a CO-OP car park, I paid the fee but failed to put in my reg correctly. I have been arguing with them for the past two years and they have refused to provide a list of the invalid reg no's for around that time, therefore there is no way do I feel I should have to pay. I have now received a court date following failed mediation where I offered them £2 to cover any admin. The court date is early January. I have received their witness statement, so would be grateful if there is anyone out there who will take a look and help me write a defence. Many thanks Dan
  24. apparently after claiming wtc and being awarded it for 2012-13 was earning 7.00 ph on a 32 hour week hmrc claim that i earned £24k in this tax year, though for life of me cant figure that one out now had to finish work and told overpayment is 1200 pounds letter arrived today saturday [gotta admire their timing arriving on a weekend] rang them and they say they require me to pay at least 50 per cent of any disposable income per month which after answering questions on expenditure and income comes out at 14 quid a month can they insist on this amount
  25. I'm not really sure where I stand with this and really could do with some advice having read some of the many posts on advantage fifinance nothing is precisely like my situation. I took out finance with Advantage in July. A week later with the car I received a welcome call and confirmed with the advisor that I wished to have the 2nd of every month as my billing date. This was never put in place. When the next payment defaulted as there was no funds in my account on 16th July Advantage were quite hasty in texting me saying the vehicle May be repossessed. I contacted them to make a payment and then requested the billing date changed to the second of every month again, they had no recollection of the initial request ever being made. During this time I hastily had to move from my address due to falling out with aggressive situation there. I had updated the v5 but in all honesty didn't think on the finance company. I had to move to a privately rented accommodation and incurred bond and first rent payments which made finances tight. Consequently I had missed September and October's payments. While working away I had an email from their accounts manager stating I needed to contact urgently. I emailed back directly stating I was currently away with work but could I be emailed the outstanding arrears to resolve my account. Then had an email back the following day saying thank you for your email and a number. I was at the time unable to call. The following day from that I was at my work address when security came and said there was a gentleman outside to speak to me, a rare occurrence, this turned out to be a repo man collecting the car on behalf of advantage. I declined to speak to him at work, 1 not knowing who he was and because I hadn't heard from advantage. The repo man had barricaded my car in and was refusing to leave, when speaking to him again I said I was finishing work shortly and would be open to meeting him at home following conversation with Advantage. He handed me a phone with someone from advantage on the other end who informed me my account had be terminated and the car would be repossessed there and then. I remained on the phone to advantage for nearly an hour explaining my recent situation and email and he advised that nothing could be done the account was terminated and the car was being repossessed. Now I have to be honest, following this exchange relented, i was driven by the repo man in my car to where I was able to empty the vehicle and following an issue of a receipt which I didn't accept the vehicle was taken. I still have a key and the v5 document and there is a possession still in the vehicle of my partners. I ring advantage feeling I had been compliant only to be told the same thing that the vehicle will not be returned and I will shortly receive a bill for outstanding credit. That's the outlay of my situation, wanted to post it up for any advice. Sorry if my description is a bit unstructured, I just needed to get it out. Is there anything I can do?
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