Showing results for tags 'against'.
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http://www.getsurrey.co.uk/news/surrey-news/claims-parking-restrictions-discriminate-against-9319524 Relates to this old thread; http://www.consumeractiongroup.co.uk/forum/showthread.php?405374-PE-sign. -
Hi, I am putting together a claim against a mortgage lender for misrepresentation [Fraud upon the court] in a previous possession claim. A possession judgement was made in favour of the alleged mortgage lender and the property was sold. Subsequently I have established that the Deed was not completed at the time of execution, the date being added at a later date which voids the Deed under s1.3 of the Law of Property (Miscellaneous Provisions) Act 1989. I am trying to establish what court forms I need to complete in my claim which is for 'repossession' of the property which was unlawfully taken from my possession. There is also a claim for damages so the overall claim is part money and part possession. I believe I need to file an N1 Part 7 Claim but am not sure if that is correct or if there is any other form to complete.
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Hi everyone I am having a terrible time of late and this letter has just about done me! On Sat I received a letter from BW Legal dated 13/05/2015 on behalf of Lowell (I'm pretty sure they are the same company?) saying 'A COUNTY COURT JUDGMENT HAS BEEN ENTERED AGAINST YOU' 'On 17 April 2014 our client obtained a County Court Judgment against you in the sum of £420.50 in the Northamptonshire (County Court Bulk Centre) under claim number ********' Details of this judgment will be enterd in a public register, the Register of County Court Judgments, That information will then be passed to credit reference agencies which will have an adverse impact on your credit file' 'Unless the full amount of £420.50 is received in this office within 10 days of this letter, we will seek our Client's instructions to enforce the County Court Judgment against you' Have I got a CCJ? I have tried checking my credit report today but it says it is not available. I already pay Lowell £6 each a month off 4 accounts I already have with them. Why would I not have set payment up for this one as well? I don't remember receiving any letters saying I was being taken to court. It is for an old JD Williams Catalogue debt. I am 6 months pregnant, I lost my job in March and have no income apart from housekeeping money my boyfriend gives me, until my Maternity Allowance gets sorted out and I am back on anti depressants so I really don't need any more crap piling on top of me. Can anyone help me out with this situation and what to do next. Many thanks Lisa -
hello, I do not know where to post this plea for help/advice. Recently dceided to sell my house & searches revealed a charge against my share in the property by CAPQUEST INVESTMENTS Ltd, I know this organisation has a reputation, from reading this site. I have lived in the property since 2004, still a small mortgage with GE Money I am pensioner so funds are restricted, any advice on how to establish what this charge relates to
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I wonder if anyone else here has had occasion to buy BMW navigation DVDs online from naviupdates.co.uk? His site advertises with '100% satisfaction or your money back'. However, reality is that if the product doesn't work, it is your fault and no refund is available. Since the sums are relatively small, £29.99 in my case, it slips under the cover offered by the Credit card issuer. I have to be fair: the vendor sent three different DVDs before I finally asked for a refund. I would be very interested in any suggestions of how I could get satisfaction? -
The IFA is long gone as he was associated with an Estate Agent and no longer works with them The policy is on a Norwich Union Life Insurance product I am still paying for with about 10 yrs left - the Payment protection was added onto the policy and I remember feeling quite pressured at the time to include it Who should i put a claim against ? The IFA or the company I pay premiums to Is there a standard letter I can send to activate the claim and start the 8 weeks countdown that the Financial Ombudsman require? Also would I need to request a SAR from Norwich Union (now Aviva) as I think when I moved overseas I may even have requested the PPI be cancelled Thanks, any help would be appreciated I am all at sea with this whole process! -
My solicitor issued court proceedings against a builder. The builder did not acknowledge service so my solicitor applied for a default judgment. The Judge awarded a default judgment for an amount I overpaid the builder and made an order for a Schedule of Loss to be prepared and served on the court and the Defendant. The Defendant then had 14 days to respond to the Schedule of Loss otherwise the Judge ordered that the Defendant was de-barred from arguing any part of the Schedule or the amount. A date for a disposal hearing was also set. The Defendant did not respond to the Schedule of Loss. He then appointed another solicitor (he has been represented on and off in the last 18 months by 3 different solicitors) who asked for me to agree to set aside the first judgment. My solicitor refused and advised that if the Defendant was going to submit an application to have the first judgment set aside then this should be heard at the disposal hearing to save on costs. The Defendants solicitor waited until after office hours the evening before the Hearing and attempted to serve the Court and my Solicitor with a Defence, Counterclaim and Witness Statement. The Defendant failed to have the application stamped by the court and did not pay the court fee. However, a barrister was instructed by the Defendant. The Judge said he could not hear the Application to setaside the Judgment because the fee had not been paid and the documents had not been served properly. The Judge then ruled on a second Judgment in my favour. My barrister had to point out that a Part 36 offer had been put forward to the Defendant's then solicitor prior to court proceedings so the order was made plus costs. However, the Defendant's Barrister did not have any knowledge of the Part 36 offer and it was very clear that the Defendant's current solicitor had no idea either. Now I know that there is a possibility that the Defendant can submit an application to setaside both judgments. The first has a good chance of being granted because he is playing the failure to serve properly card (the court inputted the incorrect postcode on his papers - although the correct address). Obviously I can enforce judgment after 14 days but can only assume the Defendant will attempt to setaside both judgments in the meantime. I would like to know how the Part 36 will affect the outcome and if he applies to have the second judgment setaside what will happen. I have a copy of his documents and they are filled with lies many of which I can prove. What is also concerning is that the Solicitor has signed the Statement of Truth which I think is highly unusual. Any advice would be gratefully received if anyone has a similar experience. -
I've just been reading through an old thread on here regarding Carmel Butler's Memorandum to the House of Commons Treasury regarding mortgage securitization, which I have referred to in my skeleton argument for my defence in a possession hearing I have tomorrow. Does anyone such as supersleuth or enoughisenough or Smarterchick have any updates on how they got on, as the other thread seems to have dried up? If anyone can tag/link them in here as I don't have enough posts yet, that would be very good of you. -
How to defend against a charging order for council tax? I have been renting out a three-bedroom property which I own to only single people. I prefer to do this because it means less wear and tear on my property. The council appear to view this with disdain and suspicion. The council tax department have always been notified of when a tenant moves in and when a tenant moves out. For some unknown reason the council classify the property to be empty. This is despite tenants registering for council tax and paying council tax. Previous tenants council tax accounts were successfully opened but then cancelled by the council. No explanation was given. To cut a long story short. The council managed to obtain a charging order against my property. I've since received a letter demanding I pay £4,700 in council tax within 21 days otherwise my property will be forcefully sold. How do I defend myself from a corrupt a council which fails to update its records? What else should future tenants do to prove they are living at the property? Previous tenants wrote letters registering for council tax. Supplied utility statements and voting registration evidence. I want to ensure that the council accepts that tenants have lived and do live at the property. What steps should I take to challenge the charging order? -
i signed a tomlin order in 2012 in my name. I was the executor of the estate and the debt was against the estate. I could not pay the claimant so he put a charge on my personal home and the estate. Can someone tell me if this is allowed the debt is against the estate not me personally. Has the claimant infringed my human rights?
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Hi, I took out a home improvement loan with Barclays Partner Finance for £1000 in the UK, and the home improvement company caused £12000 of damage to my property and neighbour's properties. I filed a section 75 claim as well as a complaint to Zenith Home Improvements. Zenith did promise to rectify the problems, but have failed to deliver on those promises. Barclays seem to think that they are exempt from section 75, and have sent a DCA after me. In the middle of the dispute I emmigrated to Switzerland. I see that the Lugano convention states that Barclays are obliged to use the Swiss courts if they wish to enforce their alleged debt. However, I would like to know if I sue them and Zenith jointly for the damages, do I have to file in a Swiss court or UK court? TIA Banjo -
Hi guys. I am hoping for advice on claiming on my credit card for a recent problem I have had. The story is: A few months ago we purchased airline tickets, online for a return trip to New York from Heathrow and a one way flight from Heathrow to Oslo. This was a set price deal, hence why the 3rd flight was one way. As we were leaving New York to return to Heathrow we decided not to visit Oslo. Out of courtesy we let the airline (Virgin) staff know. They said there would be a small fee in order to remove our bags from the plane at Heathrow. I appreciate this although, other people on the plane who were not booked would have had their bags removed as normal, but still, I appreciate they are running a business and expected them to charge a handling fee, maybe £30 a person or something like that. We were sent to a different desk. Here we were told the charge would not be for the baggage removal, but a new ticket as we were not taking the extra flight. I was not happy with this - less flights should cost less money if anything surely! We were charged £150 per person, which I had to use the credit card for (putting me over my credit limit but had no choice as they refused to let us on the plane if we didn't pay there and then). One of the staff who was stood next to the rude guy who charged us this managed to whisper to us whilst he was printing off some forms. She said complain when we get home and “I’m sure they will just refund you”. Upon returning to UK we have complained to Virgin customer service. This was a waste of time and resulted in a very basic email response apologising that we were not happy with our experience. I then escalated it through their complaints department. Again it was a completely pointless exercise. They fobbed us off with what seemed like a very generic response. I have been in touch with my credit card company (Tesco) who have suggested I claim for the original transaction as well as the second, as I do not have a very good case to claim on the latter, since I agreed and signed for the transaction. It's worth me mentioning, in the terms and condition when we purchased the original flights there was no mention of any further charges being incurred if we did not go on the flights. All we were told was 'no refunds for no show'. I would appreciate any help or advice, please remember I am asking for this in regards to making a claim on a credit card transaction, not with making further complaints to Virgin Airways at this stage. I have never done this before and I really feel like this is my last chance and last resort to get back some of the money that I feel we were unfairly charged. Thanks, Damon. -
Hi, I've been in dispute with the Nationwide for the last 12 months, regarding unfair charges and incorrect data on my credit files. We have not been able to come to an agreement so I am considering starting court action in the next few weeks. First I will list a history of the account: Sorry it's so long, but it does cover everything. I've only got around to making a SAR request in the last few days, so I can't submit a claim until I receive the paperwork as I want to double check exactly what letters they sent me. But even before I receive the SAR paperwork, I want to prepare my claim and make sure that I submit everything 100% correct. The laws which I think they've breached include: Unlawful termination Unlawful default Breach of contract Unfair treatment Unfair terms Data protection act (passing on letter to MKDP) Data protection act (Incorrect data on credit file) As a starting point, exactly which laws should I read into more and are there similar cases that it's worth looking into? Also I would really like to claim defamation because that's what they're doing, but I've read elsewhere that defamation cases are highly risky and expensive, so I guess I'll leave that. One problem is claiming damages. I've read elsewhere that you have to show a breach of contract and law and the hardest part is that you have to show quantifiable damage. How do I quantify the damage to my business and credit rating? When I submit a claim, do I have to state a maximum that I am claiming, because if this is a high value, then isn't the court fee really expensive? Can I claim damages for the stress and hassle that this has caused?
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Evening Went through the process and admitted to owing a company some money. Monies owed to a management company that runs a leasehold on a block of flats. I am currently selling the flat. Dealing with a solicitor who sent a statement through to me. Not correct figures Owed £1000 Arrears since judgement £100 Court Costs £100 Total owed £1200 I am going to pay the judgement of £1100 plus the outstanding £100 ground rent from the sale BUT today i received the updated statement from management company via my solicitors that are organising the conveyancing and they have added £200 more to that statement for their solicitors costs. Total Sol costs £300 minus court awards of £100 to get to the £200. Can they do this, dont they have to apply to the court to add this? According to their sols I owe the £1200 no mention in his letter of the additional costs
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Hi, this is my first time on any forum so here i go. I drove into London not knowing what the sign you are entering a low emission zone incurred. I was sent 20 penalty notices in two batches to which i appealed, the county courts found in my favor and told me that they would take no further actions on the pnc's, but informed me that the tfl might not agree and they did not. TFL then sent me 20 copies of the original pnc's, i called them to tell my van complied to the low emission zone they asked me to send a picture of my vin plate which i did, that was in June of 2013. I heard no more them i thought the matter over. November 2013 i was sent 20 pnc's. to which i appealed they gave me four different dates for an adjudication hearing finally i got a date in August 2014. At the hearing they told me that they had sent me a warning letter i told them that i did not recived a warning letter, they then told me that every one in the country had been sent a letter explaining about the charge on entering the low emissinon zone in older vehicles. The adjudicator then said that she agreeded that i might not had been sent a warning letter - but ignorance was no excuse found in favor of TFL and the fines would stand and gave me 14 days to find £5000. I have not paid this is now up to £20,000 with the bailifs letters, i got to admit i burried my head in the sand with this. I just don't know which way to turn can you help? Many thanks -
Hello! I've started the petition "Rt Hon David Cameron MP: Rectify a major injustice" and need your help to get it off the ground. Will you take 30 seconds to sign it right now? Here's the link: http://www.change.org/p/rt-hon-david-cameron-mp-rectify-a-major-injustice Here's why it's important: In 2009 I made a complaint about the solicitor engaged to handle my late father’s estate. The solicitor quoted 30 hours to do the work but eventually charged the estate 131.9 hours to do the work. Should the public be ripped off by those in a position of trust who are supposed to act in our best interests? I made a complaint to the solicitor and he declined to respond to my complaint because I was only a beneficiary of the estate and not his firm’s client. My complaint was escalated to the Law Society after those acting on its behalf assured me that I would not be liable for any costs. The complaint has ended up costing me over £108k most of which has gone to the solicitor I complained about. My wife and I nearly lost our house and were almost made homeless because of the ruthless way in which this solicitor sought to enforce the cost order he obtained against me. My story was covered on BBC North West tonight on 24 March 2014 and again on BBC Rip of Britain in Series 6 Episode 18 on 8 October 2014. The matter was brought to the Government’s attention at Justice Questions on 12 November 2013 and again at Prime Minister’s Questions on 9 April 2014 by my local MP Mr Simon Danczuk. My MP described the solicitor as “The Solicitor from Hell” and the SRA described his behaviour as “Morally Reprehensible”. Clearly the system for regulating solicitors is not fit for purpose and the Legal Profession is unwilling or unable to deal with such corrupt and fraudulent practices. How can a profession whose members are supposed to be trusted to the ends of the earth act with such a complete lack of integrity? This matter has been taken up with the Prime Minister who promised that his Justice Minister would look into the remedies available to me. The Minister says the Law Society is responsible yet solicitors acting for it say I have no claim against it. Clearly in UK law I do not have any remedy to reclaim the losses suffered from making such a complaint. I call on the Prime Minister and his Government to act with integrity in this matter and rectify the injustice which I have suffered. It cannot be fair and reasonable that someone making a genuine complaint must bear such a heavy cost for investigating it. You can sign my petition on the link above. Please copy my e-mail to those who you think might support it. Thanks! Paul Cowdrey
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Just before Christmas I received a letter from the County Court in Northampton that Cabot DCA had decided to take a CCJ against me without warning. I have never heard of Cabot until then and the CC company had not informed me that they had sold my debt over to them? So instead of taking the advice of the CAB I who just want you to just cave in and take it. I decided to fight it with my very limited knowledge. Below is the letter I got back for Cabot Solicitors. My Defence was That I had not signed a contract with Cabot (which i know id weak) and that I had not had any letters from the CC company and Cabot telling me that the debt is now with them, which maybe my best hope of defence? To me it looks like they don't want me to defend myself and want me to cave in? Please can you give me some advice? Thanks -
Good evening CAG, I am new to this site but I must say that I have heard how fantastic you are at helping, so, I am hoping you could point me in the right direction. I have received a claim form from Northampton which has been issued by Cabot Financial. Now they say that I owe money to Moneyway (a loan) and give an account number but, it has been issued to me in my maiden name which I have not used since 2007. Now, I dont ever remember taking a loan with a company called Moneyway so I am pretty amazed at this, let alone using a name I havent been known by for a number of years. they say that the debt was assigned to them, so I am guessing they brought this supposed debt cheap, but I think they must have picked me off an old voters list or something as I have never done business with a Company called Moneyway. Now I dont really know much about rights as a consumer or anything but I thought that debts became statute barred after a certain time. I need to do something but I dont know what and I dont know how much time I have to do it before a judgement is registered against me for something I have not had. Could someone please point me in the right direction. I would be so grateful. Thank you LTB -
Good Afternoon I am looking for some helpful advice on my situation. I am currently signed off due to stress but am expecting a disciplinary on my return to work towards the end of January. I have been with my employer almost 5 years and I am a member of a union. In Oct 2012 I was disciplined for being insubordinate and reacting unreasonably to an email request, my first offence. My punishment was a 6 month warning (expired may 13). Since then I have not had any further issues until recently. Over Christmas we had lost a family member and so I was not myself at the end of December. Without going into too much detail my job can be quite stressful and at the end of 2014 we had a skeleton workforce with makeshift management cover. The person in charge of our section that afternoon was not in a particularly cheerful mood and did not like my joke "should've gone to specsavers", replying "shut up ***". She then began to pester me for updates on various issues I was looking at, using an authoritarian and condescending tone. At first I dismissed the issues as being a storm in a tea cup and answered her politely and respectfully, however she began to raise other issues quite vocally and it became obvious that she was trying to make it clear to the senior manager sat close to her that she was the boss of the team. As she continued I made a tongue-in-cheek remark "she's being a bully again' to let the senior manager know in a polite way that I wasn't happy with her behaviour. The situation escalated over the next hour as I asked her for assistance (as she was the only other person with experience of that product), however she simply asked me to send her the details on email, which I did, and on receipt she simply replied "that's wrong". I asked her to elaborate and she was reluctant to do so, making me feel like I was foolish for not having worked it before. I explained that "I haven't done one of these *** before" and so I required further assistance. She asked me to send her a second version which I did, and again she found fault with it pointing to some "grey areas". I spoke to another member of staff on the phone who verified that the details I had included were correct, which I told her. She still disagreed an beckoned me round to her desk. I asked her "why didn't you tell me that the first time?" She replied that it was a matter of procedure to check everything, but I pointed out that "that field wasn't previously populated so how would I know?" She then accused me of being 'aggressive and bang out of order", and foolishly replied "With my family troubles? I don't think you know what aggression is. Let's take this out (of the office, in private) and I can show you what I mean". She then accused me of threatening her and told me to "sit down". I told her not to "tell me what to do" and then after speaking to the senior manager I left the room. I admit to overreacting but surely both parties are at fault here and so her formal complaint is only one side of the story, although unfortunately she was the same person involved in 2012. Please help (I welcome any constructive criticism). Thanks -
Firstly, Thank you everyone for all your contributions on this website, I have read through most of it and it was of real help to my particular problem regarding CCJ. I have a query if you can help and advise. I received a CCJ in April 2014 for parking in one of the sites maintained by Parking Eye company during Dec 2013. The reason was that, I moved from my previous residence and all the reminders and court communication were sent to my previous address including the CCJ appeals form. I collected the letters from my previous address and since it was a court judgment, I immediately paid the £165 in June 2014. My credit file shows a CCJ as 'Satisfied'. Now the actual problem is, all my possibilities to get a loan or a mortgage have diminished and I am being perceived as a financial offender or a kind of fraudster by financial institutions. My Personal loan application was turned down and credit card applications were declined. This has caused a lot of trauma mentally and I cannot help thinking on it everyday. Everything seems difficult for me now. I am in a permanent employment and have never missed any payments. The only thing I can do is to appeal or challenge against the default decision since I didn't had a slightest idea about it due to the communication being sent to my previous address. Please advise if the appeal is possible now since I have paid the amount and much time has been lapsed since the judgment. Your advise will be of great help. Thank you -
Happy New Year To Me!! Slightly misleading as no court time needed - I had multiple mobile accounts which I stopped paying after informing them due to bad customer service & failure to provide everything promised under contract or implied contract. This they didn't like and each contract was apparently sent to a DCA etc - about £1000 in total maybe. I had got into the habit of ignoring because I'm stubborn and righteous haha but couple years later just before Christmas I was surprised to receive court papers for one of the accounts from infamous (on here) solicitors. I stubbornly waited just until the deadline (as they do) to file a defence and I just decided to go at it with full details to show that I wasn't messing/afraid and that I would be a great witness re the 51% threshold. I know the normally better method is to be brief & hold back haha. I also reserved the right to counterclaim re default defamation. Today I was actually preparing to do a CPR document request but I've just received a discontinuation of claim :D out of the blue I'm guessing/hoping this means the other accounts won't be acted upon?! Should I bother asking them to remove the default as they've tacitly accepted my defence? I know I'm being smug but im happy!!
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Microsoft has taken a stand against the US Government and put itself into contempt by refusing to hand over data stored on it's Irish cloud servers to the NSA. More and more companies are using the cloud and if they can't rely on privacy and secrecy of their commercially sensitive data, they will stop using the cloud for storage. Microsoft has a number of allies include Apple, Google, Dropbox, and Amazon. May they win for all our sakes. If business stops using the cloud, there will not be enough income to maintain the services just for the public storing music and pictures so they will close. https://www.youtube.com/watch?v=hxNZRSuuTzg -
Hi All I have received a letter stating a charge is being made against my house for a £5600.00 debt that I believe is unenforceable. The debt fell off my credit file 19 months ago and is now being chased by Arr-w Gl--al . Can someone help me with this. there is now a ccj on my file and a court date of 29th Jan 2015 for the judge to decide whether the charge against my house should go ahead. I have not acknowledged this debt to the dca or the original bank.
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Hi all, I am trying to help my sister to claim her PPI and Charges from her Argos card. The account was opened 2003 and had PPI and also incurred some charges. She operated it until 2009 but ran into financial difficulties. The account was closed then sold to Lowell this year with an outstanding balance of appx £800. She requested for a copy of CCA + SAR which are all with her now. She realized that she had PPI all along was charged a total £310 in premium. There were also quite a few late and over the limit fee totaling to £250 added to the account. When she requested for refund, Argos said as a Good Will Gesture, they are prepared to refund her about £530 in total. This includes the interest of approximately £220. When asked how the reached this figures, they are not explaining anything. There has been a few exchange of letters and Argos wrote their final letter and stated that the amount they are willing to refund is £530. LBA went out but their position is the same. I would like to help her claim this charges plus the PPI back and would need help as to draft a particulars of claim. Lowell is now threatening with court action too, so urgent help is needed please. Is there any Argos case I can have a look at? I will pick up some of the papers from her and post them up later on. I will also get the copy of CCA sent to her and post it up, so that you can have a look at. Thanks Dot I do not have the final letter yet but will have it by tomorrow. Could some one kindly have a look at the CCA for me please. I tried to load them under one file but failed. Thanks Dot Below are the spread sheets for both charges and PPI. Could someone please have a at for me to see if I have done them correctly? Could someone also tell me if for claim they have to be combined? Thanks Dot Could someone please direct me to where I can find a particular of claim to use for this case.
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Hi Can I get taken to court over the same debt twice? Have several debts, 2 with CCJ's but 6 years old early next year, paid monthly agreed amount but still balance will remain outstanding. With regard other debts, again 6 years and older, they have now dropped off my credit report and all bar one have been sold to collection agencies....can they make defaulted again or take me to court to obtain CCJ? I paid monthly a small amount but have stopped since dropping off credit report. Cheers in advance.
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