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  1. Hi, my local post office car park has a private firm filming cars entering and leaving and the time limit to stay is 30 minutes. I have a small business and regularly visit twice in a day. Back in March i went twice in one day and a few weeks later received a letter with 2 images of me entering and leaving the car park and claiming I'd stayed for 6 hours when actually the image was of me entering on my 1st visit and leaving on my 2nd. I wrote back to say this was the case and asked them to review their footage as I'd been twice and I was told that they had and that I'd still outstayed the limit (which I hadn't). I went through the appeals channels and yesterday received a court notice to say I was being chased for money. It also stated that their solicitor had written to me requesting payment but I never received that letter. Although the amount they're asking for is about £250 (which I can't really afford) I partly feel that I should pay it to save hassle but on the other hand I'm really angry that I'm completely innocent and am being bullied into paying money for something I haven't done. I don't have any proof of being at home in between visits on the day in question so I really don't know where to go from here - can anybody help? Many thanks...
  2. I would like to ask for advice relating to a DVLA requisition to appear at magistrates' court that I have just received. I should start by stating that I've researched extensively so far, read everything I could find, and require further direction to my circumstances that seem to be quite different. Pretty much all queries on the failure to notify disposal/transfer offences seem to end up involving Section 7 of the Interpretations Act, which unfortunately doesn't apply to my situation. It's become a bit of a long story, so I'll break it down into dates & events: -28th January: Just moved house, sent away V5 to change RK's address of the vehicle to which the alleged offence relates. -2nd March: Part exchanged the vehicle through an independent dealer. I had not received the V5 for the vehicle by this time. The independent dealer stated that they would be able to apply for a replacement V5 for it anyway and were therefore able to complete the transaction for the vehicle I was purchasing, but asked if I could forward the replacement V5 for the part exchanged vehicle when/if it arrived. -8th May: Received a 'Failure to notify disposal of vehicle' from DVLA offering a £35 out of court settlement, increasing to £55 if not paid within a prescribed period of time. -14th May: Sent a letter to the DVLA explaining what had occurred, that I could not complete the V5 as I had not by that time received it, and had assumed afterwards that I wasn't going to receive it since the independent dealer had applied for a replacement V5. Enclosed a copy of the sales invoice, and made clear that I had full details of the trader so would have been able to account for the vehicle in the event of it being subject to police inquiry. -22nd May: Received a very much template looking letter rejecting my correspondence from 14th May, providing new dates in which to pay the £35/£55. -29th May: Received an identical letter to 22nd of May, but with payment dates pushed forward, and this was sent to my correct address (See note on addresses below). -12th June: Sent a letter to the DVLA stating my disappointed that they had not accepted my proposed resolution, reiterating that I had still not received a replacement V5 for the vehicle and dispute the offence they allege, and stating that they must therefore commence legal proceedings. -20th June: Received a letter from Mrs P Woolley (DVLA) stating that after careful consideration, it had been decided that the case should be settled by prosecution and that I will receive a court summons in due course. -Recently: Received a requisition from the DVLA to appear at magistrates' court. Includes a 'statement of witness' by a 'Rachel Loftus', that incorrectly states (incorrect in bold): "On 08/05/2013 a notice was sent to the defendant requesting information under S46 of the Vehicle Excise and Registration Act 1994 and offering the oppertunity to pay an out of court settlement. A written reply has not been received nor has the notice been returned undelivered by the postal authorities" The paperwork contains a 'Guilty Plea' addressed to the designated officer of the magistrates' court, and overleaf a 'Not Guilty Plea' addressed to the DVLA; which seems strangely like an attempt to seek information relating to my defence if I intend to plead not guilty. Note on addresses: All DVLA correspondence up to and including 22nd May was sent to the wrong address (incorrect house number) but I assume had been delivered by a neighbour. I did not know or realise this until inspecting the paperwork now. I also now realise that it's possible that the replacement V5 was sent to this address but not subsequently forwarded to me by the neighbour. I suspect that the correspondence from the 29th May was in response to the DVLA updating my address due to my recent correspondence. So I suppose that's everything in full. To explain my actions (or lack thereof) between 2nd March & 8th May; I wasn't aware of the legislation down to it's full detail relating to notifying the secretary of state for transport when you transfer a vehicle. Although I had misjudged the appropriateness of relying on the independent dealer to notify the DVLA of change of ownership instead of myself, I felt at the time that I had taken all due diligence to be able to account for the vehicle in the event of a police enquiry by retaining full details of the person I had transferred the vehicle to, and providing them with my full details. Since I had not received any correspondence from either the DVLA or independent dealer, I assumed that the situation was resolved and no longer expected to receive a replacement V5. You could say I'm guilty of having too much faith in the system! I'm torn between angrily wanting to beat the DVLA in court and pursue costs, or taking the best course of action to convince the DVLA to drop the case. I'd particularly appreciate advice in relation to the following queries: -Is it worth contacting the DVLA in light of my realisation as to the possible original error (wrong address) of the replacement V5? They've generally just been pretty unpleasant so far. Should I make further correspondence by post or would it be worth calling them? -Where does one stand in terms of being required to send a V5 but not having received it, and never receiving it? -What period of time must elapse after transferring a vehicle before the Vehicle Excise and Registration Act 1994 is contravened? -If this goes to court and I win the case, can I pursue costs and how much? Can I include inconvenience/stress?
  3. Hi everyone My Brother received County Court summons from county court bulk centre from Northampton today..dated 1/10/13 for the amount of 499.99 plus 30 court fee and 50 solicitors fees .total £579.99, it is in reference to a Vodafone contract. He is really worried and doesnt want a CCJ. He doesnt know from how long ago this is from, on the summons it says that capquest were assigned the debt on the 23 Aug 10. He says he cant remember taking out a vodafone contract? Please can anyone help with what to do? Thanks
  4. This question relates to Criminal Law and is applicable to myself. I do not want to go into great depth on a public forum for obvious reasons. A summons shows an incorrect Date of Birth for the defendant. The taped interview clearly indicates that the person interviewed gave the correct date of birth, and this was recorded correctly in the transcribed file, however all correspondence from both the Courts and the Prosecution show an incorrect DOB. I have attended a hearing where I told the Court my DOB.......................no one has noticed the error, including me up until now. Does having the incorrect DOB on all the paperwork have any implications for the Prosecution? How can they be sure that they have the correct person? Any advice on this matter would be appreciated. I do have a Solicitor, but will not be meeting up with him for a few weeks. I'd like to get a rough handle on this situation. Many thanks
  5. Local Authorities are a law to themselves and this is especially true when you consider the way Magistrates' Courts are exploited by councils for rubber stamping thousands of liability orders in a process which typically takes up less than an hour of courtroom time. It's usual for councils to be awarded hundreds of thousands of pounds costs in respect of each court application. Unlike typical hearings where Judges determine the level (if any); councils tell the Justices Clerk in advance how much Magistrates should award. This is what happens in reality but wonder if what they do is in accordance with the law. The Magistrates Courts' Act 1980 provides at section 64, the power to award costs. If anyone can confirm; the question is, will the above be the relevant legislation applying to costs, Magistrates award local authorities in respect of Liability Order applications. This would presumably include summons costs that councils offer householders the option to pay, in exchange for halting the court action. Regulation 34(2) is the relevant part of the Council Tax (Administration and Enforcement) Regulations 1992, making provision for application to the Magistrates' court. Regulation 34 goes on to exclude a couple of sections of the Magistrates' court Act, but neither of these are in connection with section 64 (costs). If section 64 of the 1980 Act is the relevant law for which Council Tax costs must conform, there are some irregularities which would seem to question the legality of the summons charge councils force us to pay. Anyone throw some light on this?
  6. Hi all, Just recently received a court summons from my local magistrates court for not paying TV license. To rewind back to what happened: Received a visit on the 26th of March by an tv license person who told me my property was unlicensed. I had changed bank accounts sometime in January/February and I think this DD must have been forgotten. This person filled in the form, cautioned me that whatever I say could be held against me, assured me this was just a formality and nothing would probably come of it, asked me to sign so that he had proof he had been there, and then we setup a new license with new DD details from my new bank, and off he went. Summons now received saying: Offences: Between 26/02/2013 and 27/03/2013 used a colour television receiver without a license. (Date probably wrong as new license setup on the 26th of March?) Now ok, yes I was wrong, should have ensured all DD's were up-to-date, but to be honest, with a 5 month old baby in the house, fulltime job and little sleep, this one was a very low priority on my list of things to do. Court date: 4th July. I plan to plead guilty by post, and in the section where I give details will basically tell them of bank changes, slipped my mind due to newborn baby, etc etc. Bottom of the court summons page it says: Costs: If you are convicted, an application will be made for costs of not less than £60.00 yet at the back of the stack of papers there is a photocopy slip stapled on stating if found guilty the minimum costs will be £90 and not £60 as printed on the summons page. Does anyone have any idea of what will happen, how much I'll be forced to pay, etc. I've never had something like this before and need some advice.
  7. Good morning. It's my own fault really, I fell behind on my council tax (by two payments) and have received a summons for the full amount plus £58 in costs. The full amount is over £1k and not something I'm able to cover in one go. I have no dispute about the costs, it's my fault and I need to pay them, but want I want to avoid is having bailiffs knocking on my door with a liability order, attempting to intimidate my family, adding their own costs etc. etc. I've yet to speak to the council, as I'm unsure what their stance is likely to be. Essentially, I'd just like a little advice on how I should handle it with the council before going any further. Any help/advice would be much appreciated!
  8. Hi All, I have recieved a summons for the 20th August 2013 accused of... '..On Monday 4th February 2013 between Guildford and Aldershot stations did travel or attempt to travel, upon the railway without having previously paid the fare and with the intention to avoid the payment thereof: contrary to S.5 (3) (a) of the Regulation of Railways Act 1889 as amended by section 84 (2) of the Transport Act 1962 and section 18 of the British Railways Act 1977.' Here's the background: I arrived at the station and there were long queues for all of the ticket machines - I queued for 15-20 minutes (I believe - could have been less though) reached the machine but decided to make a run for it to catch my train (to arrive at work on time - I would have missed it otherwise). (There are cameras everywhere in the station so I guess there would be video evidence showing that I was queuing and intended to buy a ticket). I asked the man at the barriers for a 'bridge pass' so I could enter the station so I could catch the train and buy a ticket from the guard on board (I dishonestly entered the station but with the right intent (to buy a ticket on board) - a mistake I know - but I can hardly believe that it's come to this). On the bridge pass it says 'this is a permit to cross the bridge and must not be used for travel on any train - penalties applied may be: prosecution under the following legislation: s. 5 (3) (a)...' as above. I boarded the train and went through it to the back end where the guard usually is to buy a ticket - however, there were a group of 4 inspectors there - I asked them if I could buy a ticket... In his statement the guard who reported me said : 'Tony Dixon approached & asked to buy a ticket and I informed him that he must buy a ticket before you board the train and advised him to leave the train but the train doors started to close so he could not get off'. In his new statement he says I hesitated for a while before the doors closed but I don't think anyone (even Usain Bolt!) would have been fast enough to get through those doors. I explained what had happened - he seemed sympathetic and to accept that I fully intended to buy a ticket but he refused to sell me one and insisted on taking my details and reporting the matter. I gave the details, signed a statement saying the I 'absolutely intended to buy a ticket' and then bought a full return to cover my journey as I had intended to in the first place. I received a letter from SWT, responded to it and assumed they'd accepted my explanation - however... I recently received a summons with the charge above and responded to plead 'not guilty' - the case was then adjourned till 20th August. I decided to plead not guilty as it is fairly obvious (to me at least!) that the 'the intention to avoid the payment thereof' part of the accusation was/is false. So, have I done the right thing in pleading not guilty? Do you have any tips as to anything I need to do say before or when I'm in court?If you could give me any advice it will be much appreciated - I can't believe that this incident has gone this far - I'm losing sleep! I look forward to recieving your feedback and suggestions! Thanks in advance for any help. Tony
  9. Please help! I've received a court summons for next week for an unpaid fare because I misplaced my photocard and couldn't produce it with my paid for season ticket. I have records of previous tickets purchased with that photocard proving that I had one and the ticket inspector viewed my valid paid season ticket so I don't think I've actually done anything wrong other than not having the photocard with me. This seems very harsh treatment I've not received any correspondance from FCC prior to this, no fines or penalties or anything, just suddenly received a court summons with very little time to respond! Should I enter a not guilty plea or try to contact the train company first? Is there a reliable number I can call them on?
  10. Hi everyone, I hope I have posted this in the right place, apologies if not. I am at my wits' end here and going out of my mind with worry and just need some advice, I thought some people here might be able to advise or that someone may know a lot about this kind of thing. I'll try to outline the situation briefly so as not to bore you! Basically, I have had a court summons (committal) for council tax arrears. My partner and I were living together and sharing the rent, bills, food etc etc, but when I became pregnant he didn't want to know and 9 months after the baby was born he walked out and left me to bring up the child and to struggle with paying the whole rent and all the bills and food and baby things on my own. I carried on working and my parents had to look after my baby, but even working didn't cover everything, I was only in sales so I was bringing home £800 a month, and once rent had gone from that I was left with about £50 a week to pay for everything else - food, bills, baby etc etc. It ended up that I had to quit work because I was so depressed and stressed, I had a kind-of breakdown I think, I saw my GP for depression and had to claim sickness benefit (ESA they call it now) for a while. That was only £270 a month so I still had no money left for anything other than food, baby and electricity. (the flat where we lived had a prepay electric meter so it wasn't even as though I could pay the bill and then have constant electric, if I didn't put money on the key regularly we had no power) After I stopped claiming ESA my mum helped me out with money for about 5 months (only tiny amounts, like £20 here and there) and then I started claiming Income Support, which I am getting now. I know it sounds pathetic but I just haven't been able to cope mentally. I had a very traumatic pregnancy (due to being told daily that I had ruined his life) so that made me depressed, and then after the birth I have had nothing but fianacial and emotional worries from day one. I have been suicidal at some points. I have not been able, at any stage, to afford to pay my council tax and so I have become in arrears. I received some letters but I just couldn't cope. I was terrified and upset, and now it has got to the committal stage. My little boy is slightly autistic and therefore very demanding and he takes up all my time and I just haven't had the time or energy to sort out other things. I am very stressed and unhappy, not only because of my finances but the breakdown of my relationship, and everything has just got out of hand and on top of me. I have to go to court for this in two weeks' time and I am absolutely terrified. I am not unwilling to pay, I have just never had the means. I have done all the maths and have worked out everything that I have had coming in, while I was working and after I quit, and at no stage have I had more than £70 a week to live on and pay all the bills and buy food for us, surely the magistrate will see that I have struggled? I can get bank statements printed from my bank to show the amounts of ESA, IS and wages that have been paid in, as well as the small amounts from parents. I know that they look for 'wilful refusal' or 'culpable neglect' (which I understand means you have the money but spend it on luxuries you don't need instead of bills) but I don't feel that I fit into either of those, I have never refused and certainly have not 'neglected' payments while I jet off on foreign holidays (haven't been on holiday since I was a child!!) or buy a big new TV (I don't even have a TV!!). I am just so scared that I will end up in prison. I have read so many scary things online, some people say no way will people go to prison, others say yes you will, I am going crazy here on my own and am so so scared, I can't eat or sleep, I just keep crying, does anyone have any advice that might put my mind at ease? I am a respectable 30-year old lady who has tried and failed to manage all my bills and rent completely on my own and now am in trouble over it, my hands are shaking even as I type this. Thanks guys xx EDIT: forgot to say the amount owed is £2000 (including court costs), it built up between 2010 and 2012, partly when I was working, partly when I had quit, partner left late 2009 so was on my own from 2010 onwards
  11. I have an interesting query regarding the above. I have received today a summons to court on 4th July for non payment of council tax for this year. it states council tax £1062.00 Summons Costs £58.00 Total Due £1120.00 now I actually pay this manually via online banking as my pay dates alter by a week depending on the last Thursday of the month. just looked at my bank account for specific payment dates, for payments already made. Just in case I was cracking up and hadn't paid them anything this year. payments made are as follows; 30th April 2013 £118.96 31st May 2013 £118.96 obviously I haven't paid June yet as I haven't been paid. how can they summons me to court for non payment.
  12. Hi, My oap neighbour has asked me fot help and i dont know what to say? Their old car tax run out on 31/10/12 so it was parked at the rear of our property - off road and sorn sent off a few days later. On 07/11/12 the car was put on a wide pavement layby at the front of the property for it to be collected and moved to a different storage area for longer term. The lane at the back is very narrow, inaccessible and dead end, and the side street a total nightmare with double parking, dead end and awkward shaped so you cant tow a vehicle out or get a lorry down it to have towed their car out so had to be brought to main road to be collected. It was not on the main road for 30 minutes maximum, while waiting for the tow truck. However, typically a PCSO passed and booked it, literally 3 minutes after it was to be picked up. My neighbour is not used to dealing with things like this, suffers depression and had no idea what to do so left the paperwork that she had from dvla about the fine. Now this court case papers arrived this morning, and the court date is on 5 June and she has a medical appointment which she has been waiting for a few months to arrive. i have scanned and uploaded to photobucket so will try to upload them here. now, she is guilty of the fact the vehicle was on the road for the 30mins, but was doing it as an emergency and very temporary basis to allow it to be removed for storage and had no way of getting it moved any other way, and certainly not from where it was. however, can these be classed as mitigating circumstances? if so, how can she plead, guilty or not? really lost with this 1. 2. 3. 4. 5. 6.
  13. Received a County Court Summons from Solicitors today for an invoice from one of my suppliers. I can't pay this back in one lump sum. Bank wanted a ludicrous amount a week, so they said, hang fire, it'll go to our solicitors, and they will be able to resolve this and offer you a more agreeable repayment offer. Went to solicitors, I called them a few times. No response. But rather than get in touch in any way, they've simply started legal proceedings against me. Is there anything I can do at this point to waive the legal proceedings and get back to a repayment plan?
  14. hello! The wife and I recieved a summons for this years c .t of £280+£95 summons costs. Last week I emailed the council to propose a payment arrangement,for the c.t owing,without the summons costs. The council have emailed,rejecting the payment plan and then adding £25 court costs(the court date on the summons is for next weds) phoned the council this morning,and set up a payment plan,for the full amount,the woman told me I dont need to go to court,but my case will still be heard,so my questions are.. should I still go to court,and try to get the council. summons charge removed?
  15. Received a court summons for this years council tax, I totally forgot the april date but paid double on the 8th may bringing me up to date. Not so according to my council I was late paying therefore have lost my rights to pay by instalments incurring a hefty £93.00 charge. Can I just add the envelope that it came in had a window so large the postie could easily see the words COURT SUMMONS, bit embarrassing as I know him. Will be writing in to complain about possible breach of dpa. My main gripe is that I was held to ransom basically in that if I didn't agree to set up a dd there & then I would incur a further cost of £30.00 when it went to court. The summons was issued on the 15th may a full 7 days after my account was brought upto date, I feel there was no need or justification other than to make profit. The lady got quite shirty when I asked her how many liability order hearings they had for the same day & court as mine & even more irate when asked did she actually work for the council or an outsourced company. Are they a law unto themselves or can I get any redress.
  16. Hello I'd appreciate some help here please. Back in December, there was an incident where a friend drove a relative's car where a speeding ticket was incurred. My relative wasn't the driver or in the car but it was her car so she got the notice in the post. She quickly replied she was not the driver and named the person (my friend) she believed was the driver at the time. My friend sometimes stays at the relative’s address but not always. Anyway, a few notices were then sent to my relative in the name of my friend which my friend (the driver at the time) apparently did not respond to. A Court Summons FPN has now arrived at my relative's address in my friend's name. My friend insists he was not guilty of the speeding offence and suggested that something may have been wrong with the camera that awarded the ticket. Also, the court summons has misspelt his name and he's wandering how best to plead/address the matter. The summons was received on 16th of May with apparently 7 days given just to defend it or plead Not Guilty. Kindly please urgently assist. Many thanks.
  17. I would be grateful for some help in how to respond to a county court summons issued by Santander's solicitors. The summons is for £902 plus solicitors and court costs and I need to reply to it by Monday. The amount is made uo of £690 on a Debenhams store card (originally through GE Money), late/missed payment fess and interest. I do owe the money but have had to give priority to my secured debts, council tax and utility bills leaving nothing for credit cards (all defaulted) and this one credit card. I haven;t requested a CCA or queried the late fees etc. - have I left it too late to do so? Should I reply online or by recored delivery? How should I respond to the summons? Any advice would be greatly appreciated, as I have not had to answer one before. Many thanks, Ruth
  18. This is written on behalf of a very worried friend who fears she will lose her licence. There are two counts which allegedly took place within about an hour of each other. Originally, she asked for evidence as she did not know who was driving. The evidence showed nothing so she replied saying she could not confirm whether she, or another driver, was driving at the time. Cops did not accept this so she wrote back saying 'As you have threatened “prosecution for failing to supply” the details of the driver, I will be returning your documentation naming the following person as the driver:' She provided the name and address of the driver. This correspondence was in October, November of 2012 and the summons was received today. Any advice gratefully received.
  19. Hi everyone.I guess I've also joined the AG/BC hitlist. I've received a claims form through the post from Northampton CC. Particulars of claim: "The claimant's claim is for the balance due under an agreement which is now due and payable. The defendant agreed to pay monthly installments under account number:**************** but has failed to do so. I've been reading and absorbing information from this goldmine of a website for the last 6 hours. I fully intend to defend the case. I would appreciate some help and advice from you good people and I would like to thank you in advance for helping me. I need some advice for the following questions. 1. I'm 90% sure that the debt could be statute barred. The original debt was so long ago and I don't have the paperwork. How can I confirm if this is the case?. Should I send a statute barred letter to BC or use it as my defence?. 2. I'm considering posting my CPR 31.14 first thing in the morning to BC. But I really don't know if I should send a statute barred letter before CPR 31.14 or vice versa. 3. Should I send a SAR and CCA request to the original debt holder? (when I find out who it is). 4. Should I send a CCA request to BC?. I'm waiting for advice before I take any steps. I really need the help and advice of the people on here.
  20. Hallo All. I've got myself into a massive state and would be really grateful for any advice to help me to get myself out of this situation. I have been suffering from depression for a few years now and on and off for much of my life. In the last few years i have not really been answering the phone or the door and havent been opening my letters or leaving the house very much. Now my stupidity has caught up with me. A few days ago , my ex phoned me and said she had recieved a letter for me at her place (not sure why they sent it to her or how they got her address- probably because they hadn't had any reply from me). She had opened it ( and has forwarded it to me) and told me it was a Council Tax Summons For Inquiry Into Conduct And Means, which meant that i had been summoned to court and could be imprissoned for non payment of council tax. I owe £4256.64 over three years from financial year 2010-2011 onwards. I have been living off savings and not claiming any JSA or council tax benefit and i own my own flat outright. My savings ran out last year and i have been living off money owed to me by family, friends and my ex. Initially i was in a position to pay some of the Council Tax off but due to my own stupidity i didnt, which i understand will go against me at my impending court case. I have always been aware that i owed this money and fully acknowledge the debt and that i will pay it but I have been a massive f***up in the last few years so so here i am. A couple of weeks before i heard about the commital proceedings from my ex, i registered with my local GP, went to see him and have been prescribed anti-depressants (fluoxitine) which i have been taking (despite reservations) and and am starting to feel some positive effects from.them otherwise i probably wouldnt have been in any state of mind to try and deal with my problems. My plan to deal with this is as follows. I would really appreciate any advice, thoughts, ideas, dos and don'ts and support from members of this forum This Monday morning, i will contact Thanet District Council and ask to see someone to try and arrange payment in installments of the money i owe. I can afford £100 per month. Does this seem like an amount they will accept? I have real difficulty proving any income. I could ask the people who owe me money to write a letter supporting me, but is this proof the Council or Court will accept? What is the best way to proceed with this? As I have no money for a solicitor and am not claiming JSA etc, i will go to my local Citizens Advice Bureau on Monday morning to ask for advice and if they will liase with the Council on my behalf if the Council refuses my offer to pay in installments. Do i have to be in receipt of benefits to qualify for Legal Aid or just be on a low income. I dont have a bank account any more- another debt i need to sort so as i said before, proving my income will be very hard. Would anyone on here think it would help to see my GP about this? Would he write a supporting letter on my behalf that would help with the Council/Court? £100 per month is really the maximum i can afford to pay back as the people who owe me money dont have much themselves. I dont have much of value-apart from my flat - to sell either and cant borrow the money so i am counting on the Council/Court to accept my offer. I am feeling a bit better on the fluoxitine and plan to start looking for work on monday too. Honestly, what are my chances? Am I looking at going to prison? Richard
  21. Hello I arrived at my mums on Friday to find her very shaken as she had had Sheriff Officers at the door with a Small Claim Summons from Arrow Global which I believe is for a debt 02 going back a few years. She said the were very rude and she explained I didnt live there yet they presented her with the summons anyway. The amount is for £522.78 and it states I reside at the property even though I have not lived there in a year or more and my name is on the electoral roll at my own seperate property. The 02 debt was the end of a contract which I explained to them I couldnt afford and they agreed to reduce it to the minimum monthly amount which they then failed to do and charged the full amount. I couldnt pay this and now they have obviously sold the debt on, added a bit and suddenly taken me to court. I have had no letters about this debt to my mums house so this is the first I've heard of it at this address. The statement of claim staes that I have lived at this address for more than three months and that I am domiciled there. So where do I go from here? I am on a low income as I have kids and a part time job. The thought of going to court terrifies me. Thank you in advance for any advice
  22. Hello I have CT outstanding Debt of nearly 2k I have been paying What i can When i can , and now i am receving CT Benifit so going forward i should be in a better Postion I havent been able to pay anything in the last few months Its made up Of £400 last years , and the rest from the year before i have tried to clear what i can when i can I have been thro Bailiffs been round and 4-5 times , and now it looks like the debt has been passed back to the CT office This is the First i have heard about I recived a letter today The last line says "I will be Left with no Alternative but to issue a summons for your committal to prison" I have 2 kids and i am very concered there is a pink form attachted to offer payment what is my next move , i cant pay the balance myself and Partner are currently employed We got into this mess by trying not claim benifit and work tho last year when our bussines got into trouble, Any advice welcome How much shall we offer , if they dont like our offer is that it court and prison . Help Please!!!!
  23. I moved into my home almost 2 years ago, and for one reason or another, something went wrong and the council didn't get wind of it for a few months, and I was eventually issued a summons for council tax. I immediately contacted them, and paid the arrears in full, as well as the entire bill for the following year, there and then. An amount that was just shy of £3k, but I figured it was worth it for the peace of mind. Last week, I received another summons, for £110 for unpaid council tax for the period 2012-2013, along with another £110 court costs. I assumed this was a mistake, as I had paid in full as far as I was aware. A "quick" call to the council confirmed this, and neither the person I spoke to nor his supervisor could see any reason for the summons. They could see it had been paid in full as I claimed. So I contacted the council tax dept by email, asking what was going on. I received a rather stern reply claiming it was for outstanding court costs regarding the summons issued over a year ago, and that basically I have about a week to pay it or they will issue a liability order. They also claim to have sent a demand in January this year, but I haven't seen any such thing. Now the interesting bit is that this is the first I've heard of these outstanding costs, and the council themselves only claim to have contacted me in 2013 regarding them. The summons clearly states it is for unpaid council tax, and even gives a period for which the council tax is due. However, I also have documentary evidence of the council acknowledging that the council tax for the period in question is paid in full. Basically, I think it's incredibly underhand of them to sit on an unpaid debt of £110 for the best part of a year without mentioning it, then issuing a summons. Especially since I actually asked them exactly how much I needed to pay to clear the outstanding balance AND pay a further year's CT in advance. It's not like I'm trying to avoid paying the tax. So I'm tempted to simply turn up at court, with the summons, and the letters acknowledging that the CT was paid in full, and saying "not guilty". I realise I'll probably end up paying the £110 back anyway, but this is not the first time I've had trouble paying council tax here - a few years ago I set up a direct debit which they simply failed to collect anything from, eventually landing me with a large bill I had no choice but to pay. As a matter of principle, I feel like letting a council lawyer stand in court and argue that this man who readily paid nearly £3k in council tax is for some reason trying to avoid paying £110, and explain why they never bothered asking for it until nearly a year later. What are my chances of having this thrown out? I think that a) they didn't make reasonable attempts to collect the debt and b) they have issued the summons for the wrong thing, a debt that they clearly acknowledge is paid.
  24. Received a summons from Northampton ccbc in December 2012 regarding an outstanding overdraft debt from 2008 the claimant is 1st credit and their solictor is moon beavers. I registered online with MCOL and acknowledge service in the required time I then submitted my defence(embarrased) to defend in full. i sent a dsar to the original creditor (halifax) and a cpr 31:14 and a cca to moon beavers and 1st credit all went recorded delivery, proof of signitures printed from the royal mail web site and the £10 postal order has not been cashed yet . To date i havent received any documentation from the Halifax or 1st credit. I received a letter from moon beavers which said notice to transfer solicitor and then last week i had a letter from 1st credit stating they were going to apply for a summary judgement based on my defence .I contacted the halifax yesterday to find out why they havent sent any documents they kept me on hold for 10 mins and transfered me to 1st credit i hung up. I have checked my online status with MCOL and shows my defence as the last document submitted. My question is can i go for a strike out based on the fact it is now well over 33 days since i submitted my defence and that they have not complied with my request for documentation under cpr 31:14 and if yes how do i go about it. thanks in advance Wae80
  25. Evening All, Have an issue with Council Tax and could really do with some help/advice from fellow users of CAG. Up until September Last year we were quite happily paying Council Tax in installments, until my wife and kids were involved in a serious car accident. To date she still hasnt been able to return to work from her injuries, and as a result I reduced my working hours to look after her and kids, and picked up the slack. Money has remained tight, and council tax was one of the areas neglected. I wrote to the local authority explaining the situation and asking for help in November, to which I received no reply. Received a letter earlier this month, saying that we were in default, and had to pay up the balance of £780.00. I emailed them once again explaining the situation asking them for advice on what to do. No reply received. (Have receipt of email though.) Today we both got a summon to appear at the local magistrates for non payment of council tax, on the 20th February. My wife has not worked since the accident and is unlikely to be able to for at least a few more months on light duties, and I went on a low income in October, in order to look after my wife and kids. My salary will resume normally in a few months time, but 2 of those months were effectively unpaid. I'm annoyed that my requests for help and advice were ignored, but being annoyed isnt going to get the summons cancelled, or help me out in any way. I am unsure as to my plan of action. Does anyone have any tips, from personal experience? Need all the help I can get! Thanks
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