Showing results for tags 'against'.
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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 -
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. -
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? -
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 -
I have received a claim through Northampton court for a very old debt, they claim it is not statute barred as there were payments made a couple of years ago. I thought once a default had fallen off your credit file as it was over 6 years old that it was SB. They've sent me lists of payments made through a DCA. I contacted them and offered payment in installments if they withdrew the court claim, they agreed and then when I sent them my income and expenditure they agreed to take installments through the court as part of the CCJ which I have been trying to avoid. They said they would only stop the court claim if I paid in full now. I explained I don't have the money to pay now or I would. The court claim is very vague and I was wondering if I could defend the claim in some way and then be able to set up payments and totally avoid the CCJ. I have only just seen the default fall off my credit file and to have a CCJ now would mean my credit file has taken a hammering for 12 years (once the CCJ falls off). Any help would be grately appriciated as I don't have long to file a defence now as I've been talking to the DCA's legal team. -
Hoping someone can help me with this - seem to be hitting a few brick walls trying to find out correct information myself. (please be nice, I'm a newbie!!) My partner had a judgement order to pay his ex's court fees of £5,500. This was due early October 2013. As a single dad on a low income he did offer in October to pay £100 per month but this was rejected. The next he heard was when the bailiffs came knocking at the door. They claimed they could seize and remove his minibus, and called for a tow truck. I asked what needed to be done to to stop them removing the vehicle, to which I was told the debt had to be paid, I informed them the debt could not be paid in full (they had added charges bringing the total to approx £7816.61) but agreed to make a part payment until I had got some advice. I paid £3,000 on my credit card. It was only after I had made a payment that they would let me read the paperwork inside (it was dark outside at the time) and we discovered that the mini bus was in fact a protected good as tools of the trade, they were therefore not entitled to remove it, and I felt they had obtained the payment through misrepresentation and under duress. The following morning I contacted the bailiff to request a breakdown of the charges, a copy of the writ and request my £3000 back as they had taken a payment under false pretense. They still have not provided a copy of the writ or breakdown of the charge and claimed that the mini bus was not exempt as they believed it was being used for personal use - its an 18 seater VOSO regulated mini bus that has a tacko fitted! he also has a car. When I pointed that out they said they weren't aware of that or that another vehicle was available, I pointed out it was no excuse as they are required to make an assessment with due diligence. The writ has now been stayed pending the balance being paid £100pm to his ex. So I have 2 Questions.... 1) What is the balance? We have written to the ex for her bank details and stated that of her £5500, £3000 has been paid and 25 monthly payments will follow. She has written back saying that its 48 payments of £100 to include the bailiffs costs - can she enforce this? How can we check what she has been charged for and get a copy of the writ? 2) Can I get my £3000 back as a chargeback? I have phoned tesco credit card, they said no as I had willingly handed over my card and therefore entered into a contract with the bailiff? Not accepting this answer I have written to them with a sworn affadavit stating the payment was under duress and the baliff had made a false representation to gain a payment.I have rung them again yesterday to get an update, they say it will be next week before it gets reviewed due to a backlog in that department, but they weren't encouraging as they said it had already been refusedonce. Am I correct in thinking that if the charge back is successful, the £100pm order will still stand, but the bailiffs will go after the ex for their fees as she will then be receiving the payments directly? Sorry for the ramble but there is a lot of back ground! any help greatly appreciated -
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 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. -
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 -
Hi Short version is i bought a tablet from PC world in Oct for a Christmas gift so it was not used until late Dec early Jan Had to return it to PC world early March due to a charging issue at first they demanded i sent it to Toshiba but i stood my ground and they took it and sent it away. I was told after 2 weeks that they would not repair it as they deemed it my fault as the charging pins had bent i argued my daughter had only ever used the charger supplied so that must have bent the pins which in my view was a faulty charger. No joy with that and to rub it in i had to pay £50 to get my tablet back so i took court action stating my case adding the fact PC world refused the charger when i first took the tablet back and gave it back to me. Pc world have defend the claim on the grounds that i accepted the goods and if it was faulty it would have been from the date i bought it. So if i post up the defense can someone much wiser than me have a look PLEASE -
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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Please can I have help in instigating a judical review where the JCP Manager colludes with staff to threaten, verabl aabuse and spread lies about a person who is just trying their best. Their chip on the shoulder being the person is black well educated. Have heard from a reputable source that particular JCP does not like experienced graduates with 30+ years work history. Thwe online instructions on Justice.gov are very confusing.
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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 -
I have issued a claim against cardif pinnacle over mis-sold PPI . they are defending the claim stating the claim is outside the 6 year time limits and that i would have benefitted from the protection. the 6 years expired in 2012 but i complained to the FOS before this date, it took them till may 2014 to get back to me with their decision. The FOS state that i would have known before that the PPI was of no use to me and therefore they have rejected my claim, thats the reason to issue the court claim. the policy was started jan 2003 and then cancelled by me in 2007 after i went abroad for a year. I sold my home and the mortgage was cleared as well. at the time of taking the policy i had work benefits that covered sickness and accidents for a period of 6 months full pay and a further 6 months half pay and then it would cease. i have checked the policy terms and there is no mention of existing benefits. the policy was sold to me over the phone at the time of taking out a loan. the loan was with intelligent finance who referred all their insurance policies to cardif pinnacle. can i use the fraud act as a defence. the FOS said i would have known about my existing benefits at the time of taking out the protection. I expected cardif pinnacle to make all this clear to me at the time the policy was sold. cardif pinnacle have now stated in their defence i applied for the cover online, i only had a laptop and internet service starting in 2008 a year after my son was born. they then stated that i filled in a application form which i know i did not. Are there any areas which you know of that will help me with my claim
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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 -
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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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 -
Hi, please help. Marlin/Mortimer Solicitors have issued a county court claim against me for a overdraft with Yorkshire Bank at least 8 years old. I`m not sure if the amounts are correct its that old and don`t know how to fight it. HELP NEEDED PLEASE
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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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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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Just had a letter from FOS upholding my claim against Capital One, it was rejected twice by Cap one, saying I had ticked the box therefore I knew what I was buying.... But I work in the public sector with an excellent sick pay scheme, and did 10 years ago when I took out the card. Should be an interesting pay-out, a 2000 limit that over such a long time So don't be put off just keep at them :-D:-D:-D
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Hi all, Wondering if anyone can offer advice on an open small claims I have currently against a sole trader. The defendant has not filed a defence on a small claims issued against them even though it has nearly been 14 days. It has surprised me as they were so adamant they were right during our dispute. It has led me to think that perhaps I have not filled out the claim form correctly with the trading name possibly being incorrect. From their website they have a few different names listed, one for correspondence and one for their retail shop. There is also a third name which just appears on a few of their web pages. The dispute is over an order made over the phone using their website as reference. Their correspondence name had headed Great Asian Gifts and Souvenirs followed by a residential address, presumably their home address. Their shop is called Great Asian Memories followed by their shop address. The third reads Great Asian Memories and Gifts. (The actual names are rather more distinctive but similar to this). I put Mrs Ann Smith trading as Great Asian Gifts and Souvenirs, however I possibly should of put trading as the retail shop name as that is who the order was placed with. I did make a note of the retail shop name in the POC if that makes any difference. The pre action protocol letter was sent to the correspondence name and residential address which they acknowledged as receiving so I would be surprised if they could say they never received it. However could the claim be struck out since the trading name I put may not be the correct one (it may not even exist) even though the named individual is correct as is their home address? An annoying technicality if so but my fault which is fair enough. Do you think it is likely they're just going to leave it till the last minute in the process, whenever that may be, to mention this? Since the claim is fairly small, would it be best to just start over again if this happens? Grateful for any advice.
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On 12 November Ofgem issued notice of our proposal to revoke some of the provisions of the confirmed Provisional Order against Economy Energy following improvements in compliance. Read More Here: https://www.ofgem.gov.uk/publications-and-updates/economy-energy-provisional-order -
Name of the Claimant: Private Individual Date of issue 20/05/2014 Claim for court costs. Value: 616.80 Basically I was recovering from emergency surgery for the last day of the family hearing against my ex. (I phoned the court and sent in an email. He has managed to sting me for 616.80 for costs that i shouldnt have to pay as i'm on income support. He has now issued a MCOL claim against me for costs without even asking for them to be paid. I intend to appeal these costs but dont know where to start. Help!!!!!
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