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  1. Hi there, I have a county court case in a property matter fixed for 21st Jan 2016. At the initial hearing I had requested my barrister to get a postponement as I am suffering depression and in no position to sort out and submit documents as requested by the claimant. The date for submission is 16th Dec 2015 and barrister representing me has asked for extension till 21st Dec 2015 I am in no position to get this sorted. Is there any way I can get this date for the exchange of documents postponed to Jan2016 and a new date for the case to be heard. Please can anyone help me I am in real financial problem as well as mental health is at its bottom God Bless u all
  2. I'm new here & sorry if I'm posting this in the wrong section. I lost an employment tribunal case and I was ordered to pay £35,000 for an organisation and a union, I'm an individual (employee) and I do not have legal representation. In addition, I do not have the ability to pay as I have been out of job for 1.5 years and I have no assets I wonder what should I do? I know that I can declare myself bankrupt but I want to avoid it if it is possible as it will have significant impact on my career. I have no previous experience or knowledge of what can I do and I would really appreciate your help.
  3. Hello, I may need some guidance please. Last Wednesday I was travelling home from work, came off an A road onto a slip road which leads to a roundabout. There was a queue of traffic waiting to enter the roundabout. I joined the queue and was stationary when a vehicle behind me failed to stop and ran into the back of my car with quite some speed. I was propelled forward and almost hit the car in front of me., luckily there was no impact as my car came to a stop before hitting them. The guy who hit me got out of his car and stated he was sorry and accepts full responsibility. He gave me his name and an insurance company but stated he had no ID and no insurance documents on him, he said he didn't need any details from me as he accepted full responsibility. I took a photo of his car and registration plate with my mobile. He apologized and drove off, almost causing a second accident by nearly missing a van that came travelling up the slip road. My car has considerable damage to the back, the bumper is cracked, the rear passenger side wing is coming off, the number plate and number plate light are broken, the boot hatch is dented and I cannot open the boot anymore. I have neck and shoulder injuries and now have got a tinnitus in both ears, the doctor hopes it should settle again over time and is a whiplash type neck injury which can also cause the ringing in both ears. I have TPFT cover on my car and phoned my insurers to start the claim, when I gave them the details of the other car it came back as uninsured, the details he gave me were false. They said they couldn't help me any further but going by the damages described they thought for insurance purpose my car would be a total loss. (10 year old Ford KA). I since got an estimate from a local repair garage for £300.- to fix it though (the same garage I originally bought the car from and the guy said he would do me a deal as I think he felt sorry for me to be honest, so he said he'd do it for £300.-) I also reported it to the police who gave me details of the MIB, I spoke to them and downloaded a claim form which I have filed out and returned today. Ha anybody got some experience what is happening next and what I can expect to be the outcome ?
  4. Hi there, I thought I should write this post on Consumer Action Group as some of the threads on this forum provided me with some valuable advice when I first got caught about three weeks ago using my partner's student oyster card on Transport for London. The case has now been settled out of court and I thought I should share my experience with others who may now be in a similar position. I had been using my student's oyster card for about 8 months buying weekly travelcards with the occasional use of top-up (when the travelcard was not valid for those zones or when the travelcard had expired for that week) before I was caught in early June 2015 by a revenue inspection officer. I was asked various questions about intention to use and how long I had been using it for, to which I combined both fact and fiction (I was under duress and, like so many others, I had no idea what the potential repercussions could be). I was then cautioned ("You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence") to which she proceeded to ask more questions (such as 'do you have another oyster card? 'do you have any money to get home?', 'who buys the travelcards..?' etc) before I said goodbye and walked away (remember that once you are cautioned you have the RIGHT to respond 'no comment' and to walk away until you have the opportunity to seek legal representation). Luckily, my revenue inspection officer was extremely amiable and told me I could walk away if I wanted to, so do bare this in mind if this happens to you. I was then sent a letter about three days later from the Special Investigations Team asking me to attend an interview for 'historical offences' and 'irregular usage' of the student oyster card and another letter a couple of days later form the Area 10 Investigations Team asking me to make any comments about the incident, otherwise known as a 'Verification Letter'. In both letters it was said that if I failed to respond it may result in the case being progressed by the Prosecutions Team. I had read somewhere online that if you are asked to attend an interview, it was seen that your case was more 'serious'. So, when I received the first letter, I started to panic, and decided to ring various solicitors to inquire about legal representation. Of the two I spoke to, [removed], I tried a third solicitor to get a different opinion from the two others who, although seemed incredibly efficient, also seemed quite impersonal [removed], (Do bare in mind also that these costs would have been on top of any additional monies I would have had to pay to Tfl for fare evasion discrepancies and the admin fees involved in handling my case file, mounting up to a cost of over £1000 in total, a sum I wanted to lower as much as possible). I then spoke to someone at [removed], who gave me some invaluable and incredibly helpful advice about dealing with Tfl (all for which he did for for free, about 20 mins of his time over the phone). He told me that many individuals at Tfl were incredibly reasonable [he gave me the direct phone number of the head of the prosecutions team] and if I failed to get through to ring the number on the letter and find out which member of the investigations team was handling my case and ask whether it would be possible to arrange an informal settlement. I was incredibly anxious about doing this (just because i wasn't sure what to say, whether I would be giving them more information than needed, whether it was even possible or not etc), but his confidence and reassurance gave me the vote of confidence I needed (hence, why I am now sharing this with all of you, to know that you can do the same), and also that he wouldn't be able to take on my case legally anyway as he was so busy. I then spent the following morning finding out who was in charge of my case, to which I finally got hold of someone [removed], and said that I wanted to arrange in an informal settlement with regards to my case, that I was incredibly sorry for my actions, and that I had been incredibly anxious about the incident and its potential outcome (a guilty verdict would have resulted in me losing my job). He responded really reasonably, telling me that he understood that people become incredibly nervous about the potential outcomes to their case and he didn't want anyone to ever lose any sleep over it). He said that I should respond to the verification letter by email providing details of how often I had used the oystercard and for how long for. He stressed that it was important for me to be as honest and upfront as possible, because they were able to investigation quite a lot of information about my journey history (remember they have whole teams investigating each case in detail), and to provide any serial numbers of any other oyster cards I had been using at the time. I then emailed him with all the details, being completely honest about how long I had been using it for, stressing my apology and my anxiety and my willingness to repay any costs. Just over a week later, I received an email from another member of the SIT team saying that I that they had agreed to an informal settlement and gave me a sum I had to repay within the next 14 days. This has all been paid and settled now, and I am extremely thankful that I did not incur the additional costs of solicitors' fees, or have to go through the trouble of attending an interview (which I think would be have been quite a scary experience). The point of writing this really is to not only realise that there are reasonable and helpful people out there [removed], but for others who are in a similar position to realise that Tfl can be reasonable and amiable people, who's intention is not necessarily to prosecute members of the public, but to regain costs that they have lost by you evading the full fare. The main thing is that Tfl want people to be compliant and honest, which I am thankful I have now done (there is always an element of skepticism of giving too much information anyway). So, the main tips are: 1) Do not be afraid to ring and speak to someone over the phone (thankfully we do not yet live in a age where everything is so drenched in bureaucracy that we are unable to talk to another human being) and 2) respond promptly to both the verification letter/or interview letter (or whatever you receive), and do not ignore it and think it will go away (for your sake as much as anybody's - I know I lost a fair bit of sleep just about the idea of being prosecuted, however remote it may have actually been). If you do have any questions about my case or anything else, please reply to this thread and I will try to answer them (I can only really talk about my experience, not about fare evasion on London buses, other train lines etc, though I do assume the process may be similar). Hope that has been a useful and (hopefully) inspiring thread. Thanks, Wilson
  5. ************************Hi need help urgently***************.... on 11th august 2015 around 2330 at night i received a text messages from barclaycrad to confirm some transaction my card, there were transaction that i had used on 10th and 11th to which i replied Yes( HOW WRONG WAS I) I was at home with my mother and a friend of my mother, i than received further emails and messages from barclaycard that my credit card was used for £3500 on virgngames.com (gambling site) also £280 was taken from my paypal account. i called barclaycard and reported it straight away it was around 0130 in the morning 3 minutes before the last transactions that was done on my account, barclaycard blocked, issued me a new card and sent me a dispute form to fill out and send it back. i did and got a full refund within 10 days, and from paypal. however barclaycard fraud team have now contacted me again few weeks ago and asking me to fill out another form which stated FRAUD DECLARATION FORM to fill and send it back, again i did and they wanted bank statement, prove of my passport payslip basically everything... .. i done that and it proved that i do not gamble. however barclaycard spokesmen was so rude and aggressive and was trying to pin it on me, saying all my details like mother middle name, IP address, Email verification and all my details matches and if i was drunk and did not know that i did it, REALLY!!!!! he called me and said if i was sure that i want to go ahead with this case, i said yes and he stated i would get a decision within 5days through he post, 8 days went pass nothing, i than get a call saying he and a senior investigation team want to come and see me face to face and speak to me and make sure there arent any misunderstanding, i have no problem and said sure lets meet, but i am worried of what might happen i have reported it to action fraud, spoken to Citizen advice bureau, spoken to police and not sure what to do, they are calling me after 3 months after initial fraud and trying to pin this on me now!!!! help what do i do, any advice about why the meeting as they are coming from north of england and i live in south of england and why the meeting?? they have treated me really bad as if i am the suspect!!!:-x:-x:x:|
  6. http://www.moneysavingexpert.com/news/protect/2015/06/motorist-takes-parking-charge-challenge-to-highest-uk-court I would now argue that if any PPC try to use the current judgement in their claim that the defendant highlights that an appeal has now been filed and the reference to Bevis be inappropriate until the supreme court make a ruling. Let us hope common sense prevails.
  7. Hi there, my husband and i will be making ourselvesf bankrupt, but i need to ask who will deal with the bankruptcy after we have filed for it (my debts total several hundred thousand pounds, repayment of directors loans for our previous LTD company, which we can never repay) We have have no assets, no savings, on benefits and live in a private rented house , on housing benefit. my husband is on ESA due to mental health problems. Will the official receiver oversee it or can the major creditor ,( who happens to be a nasty piece of work) apply to be the trustee? I keep reading if there are no assets, then the OR will act as the trustee himeslf.
  8. Hello guys, I hope you will be able to help/advice me on this one. I bought a a second hand car through the London used cars dealer at the end of July2015. After 31 days I noticed that there are some serious mileage discrepancies between MOT and service history booklet. I phoned all the garages from the stamped booklet and I found out that first six stamps, claiming to be a BMW garages, doesn't exist and that the numbers provided were answered by private people. I get back to the dealer asking for a full refund. It was rejected, given the reason of high mileage done on the car (as I drove on myholiday in that car) and that the car has lost its value etc. During and after that 31 days other things came to light. The car was not like in the dealers description (ie. I discovered that the second key was from completely different car, rain sensors missing, main BMW dealer garage discovered leaks, brake pads alterations and many other faults). But the main issue is that faked service booklet, the dealer doesn't want to take the responsibility for, claiming it was the previous owner's duty to check it(British Car Auctions) not his. As a result, it leaves me liable for it and if I would like to sell the car in the future, which was my plan, It would put me in serious disadvantage position and encounter a money loss if I were to tell the buyer the car has got fake service history. Since the end of August this year I had been trying to make them to accept my offer and get my money (13k) back-but no results so far. They have came back with the ridiculous offer of a refund 11k instead of 13k because of wear and tear of the I am liable for. Or if I drop the claim, an offer of repair of the leaks, replacing missing sensors and an offer of 500£ for missing service history (they do not admit its fake). They hold on to that 3 last worthless stamps are valid and that they are sufficient service history. Two of those stamps are from independent garages (that couldn't say if the car was even seen by them because or what was done, as they don't keep the records of what have been done to the particular car). Last stamp was from the dealers garage and so its worthless. At the time of sale I wasn't aware that the service booklet and its first 6 out of 9 stamps are counterfeits but I bet they knew it from the very beginning. As a result, I couldn't sell my other car, therefore have been incurring the cost of running two cars instead of one (fuel, garaging, taxes, insurance)-so another loses. Need to mention that the car was bought with Debit Card.The trading standard officehas been involved but not very helpful as at the begining they were absolutely sure I am on the winning possition till yesterday, when I was told that I need to be prepared that the judge might not decide in my favour! I am a the point where I've exhausted all the options for resolving that matter through the polite correspondence. I am just about to write the last letter before court action. The dealer rejected all my previous claims and in the last letter points, or even threatens me, that the judge will order a deduction, in their favour, from the original amount I paid because the car has been used. So I should accept their offer. What are the chances of winning in the high court with the given arguments?Should I take it to court?And If yes, would I be able to claim not only a full refund for a car but also additional loses, court and solicitor fees I have encountered due to the tardiness of the dealer etc.? Will I have any chance to win without solicitor? I would be be very,very grateful for all your help and suggestions as I am not English and it seems that it also puts me in disadvantaged position. Thank you in advance! Jan
  9. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?
  10. Hi all I would welcome some advice on this please. In September, I upgraded my phone with T Mobile and entered into another 18 month contract. Had a nightmare with the first handset that 2 T Mobile stores were not interested in despite quoting the usual sale of goods act etc. and me taking the handset back on the 10th day after having received it. Eventually, Customer Services on 150 relented and replaced it as a swap out the next day. I got round to reading the manual last weekend to see what exciting things I was missing out on and I decided to download some new screensavers to make the phone a bit more "funky." I then discovered that despite changing all the settings that the screensaver would never activate. The phone display switches over to power save mode, i.e. goes blank instead of displaying the screensaver. I undertook some research into the issue on both T-Mobile's user forums and Nokia's own support discussion forums and it turns out that this is a known software bug in the N79 handset. It also appears that the manufacturer knows about it but has failed to fix it in subsequent firmware releases. It is also unlikely that Nokia will now release any further firmware for the handset as technically, or rather in the technical world, it is now quite an "outdated model." I have emailed T Mobile Customer Relations about this and they have contacted me to say that if the manufacturer is not going to fix it there is nothing that can be done. I however am not happy with this. Surely the goods are not functioning "as described," i.e. the manual states that you can change the screensaver and although you can, the end result is that it doesn't work. I know that a non-functioning screensaver is not a life or death situation i.e. the phone makes calls, sends texts, browses the web but am I the only consumer that is getting a bit sick and tired of companies that earn millions of pounds from their customers getting away with everything? At the end of the day, my contract is subsidising the cost of the handset in a large capacity. If I had purchased this phone directly, it would have cost me a few hundred pounds at least. The crux of it is that I used Nokia phones for years previously and every handset I have had has always had "some problem" of one thing or another. Back around 2003, I had Orange replace 15 handsets, one after the other and each one exhibited the same problem as the last. It was a nightmare. I thought that 6 or so years later, with the advancement in technology that Nokia may have improved it's standards and the first phone I pick up in this 7 year period manufactured by them exhibits yet another fault. I have contacted Nokia, although I am under the impression that it is not down to them to sort the problem out and they have suggested that I send the phone "for repair," which judging by other users on their support forums, does not resolve the problem anyway and just leaves you without a phone for 2 weeks. I was wondering if I could glean some opinions please ? Am I right that the phone is not "functioning as described" and therefore breaches the sale goods act ? Thanks very much J
  11. I'm newbie here and I'm sorry if I'm posting this in the wrong place .. I'm an employee and I took a legal action against my employers in front of the employment tribunal. I lost the case and I have to pay their cost which is £60,000. I have been unemployed for several years so far and I don't have any asset to pay at all. I know that one of the options is to declare myself bankrupt but I want to avoid it if possible as it might have a significant effect on my future employment I know that if you can not pay in the Civil Court .. you have to fill N245 form which is an application for suspension of a warrant and/or variation of an order .. and then the judge will decide how much you can afford to pay and vary the order to fit your circumstances so you can pay in instalment Is there anything similar to that in the employment tribunal?
  12. Couldn't find a suitable forum for this... unbelievable. http://www.bbc.co.uk/news/uk-england-berkshire-34412120
  13. hi Our child was involved in an accident and the case has got a date in the county court.the other driver crashed into our car when he was drunk,then got out and seen the damage he had caused,jumped back in his car and drove off. Now the drunk was never charged for been drunk or leaving the scene,even though the police were called.the drunk river now says it was only 2mph crash,even though damage to our car was £3000. Will our child have to give evidence or what actually happens in the county court??? will the judge look t the evidence himself and make a decision? is the court room going to be full of people or just the parties involved?
  14. If a claim was dismissed, can the solicitors have a 2nd bite ? POC are identical ? Can you advise on CPR or any case law applicable. Old utilities bill circa 2010, value 1500.00 Final reading provided, final supposed bill paid. Came out of blue. Defended grounds back billing rules, produced final bill in court that was paid. Claimant wanted to not go before judge in meeting before hearing, I insisted we did. Judge dismissed case. Any help appreciated... C
  15. Hi i'm a taxi driver and was on the lookout for a new 8 seater cab with wheelchair access as my current vehicle was ready for the knackers yard and after shopping about decided to use a company call cab direct. I ordered a peugeot eurobus with them on 27/7/2015 on finance and paid £1000 pound deposit. I felt after speaking with salesman on the phone that things were a little rushed by him and he didnt quite explain things but i assumed with them being suppliers to the taxi trade and after looking at the pictures of vehicles on their wesite that they would know what they were doing. When i recieved the paper work for the order it was clear that he hadnt explained a great deal to me on the phone because i dicovered that the cab wouldnt have basics like handles to hold on to whilst getting in and out and a step to help people whilst getting in and out. So at this point i questioned the seating as the cab needed specific seating comply with council regulations. The seating and types of seats were described to me by the salesman on the phone the best way he knew how and it sounde like he was describing what i wanted and what i had seen on their website so it was on with the order and wait for delivery. Fast forward to 17th september and the vehicle was at my door being delivered. I was shocked as the vehicle was nothing like any pictures on their website, wasnt like anything i was expecting or had ever seen in 15 years of taxi driving and was not like i felt they described it to me. My main bones of contention were that there was no partition between the drivers front cab and the passenger section in the back ( a big safety issue for me due to previous experience ) the middle row of three seats (which are removeable ) would have to be totally removed from the vehicle and stored away from the vehicle in order to fit in a wheelchair passenger which isnt practical at all. I refused the vehicle and it was taken back to cab direct and they then told me the would do their own investigation. Thay came back to me and said the type of vehicle i was expecting was the sr or srx model how ever the sold me the sx model. They said they could see the website was mis leading how ever pictures on there are for illustration purpose and this is stated on there website. The pointed me toward the download brochure on their website to tell the difference between models how ever i dont ever recall being told on the phone which model was sold to me and after going through all my paper work i cant find anything stating the model type. That being said after looking at their brochure and if i had known the model type im still not sure i would of being able to distinguish that there was difference between models and there are no pictures in the brochure that resemble the vehicle the supplied. Thire stance is they supplied what they believed they were asked to supply so the fault is with me. I believe that the goods were mis sold to me as they were not adequately described and are not fit for purpose. I asked to cancel under sale of goods act but they were having none of it and told me sale of goods only applied to goods bought for cash and since the vehicle log book is registered to me and the finance company have paid them then this is an issue for me and the finance company to sort out. I rang the finance company and informed them yesterday and im waiting for them to ring me. Where do i stand on this from a legal side of things ? Sorry for long post and any help/advice is greatly appreciated
  16. Hi all, first post here following a visit to court this morning I wanted to thank those of you who have published your stories as it was both informing and reassuring while researching my case & I also wanted to pass on what happened. Briefly I was being fined for lack of insurance on a vehicle which had been in the possession of a dealer for five months prior to the date stated, but all correspondence was sent to my old address it reached court level without my knowledge, first I knew was the arrival of a payment demand which funnily found the correct address! one statutory declaration later, the first case was closed & a new one opened with six weeks given for me to try to sort it out of court. I sent the dvla full explanation, letter from the garage, copy of the declaration etc & waited, this morning I was out chasing the postman to see if the reply which they say they have sent but can't 'discuss by phone' would appear before I set off to court but it hadnt so defence in hand I spent the morning waiting to be called, finally went in to be asked if I was still pleading not guilty? Yes. If I had traveled from home, yes, If I worked/childcare etc yes followed by the fact that they had no prosecutor! That I should go buy a lottery ticket & my case was dismissed! So happy to have avoided going through it all and relieved to be free from conviction but at same time I wanted to prove myself innocent rather than win by default & feel indignant that my time was wasted while I presume they did not organise a prosecuter? although the court offered travel expenses it doesn't compensate for the amount of stress that I've gone through fighting this or the time off to attend. my question to those of you still reading is this, how do I now stop the enforcement office chasing me? Despite the court notifying them that my statutory declaration was accepted for the original case they appear to have no record of this & have continued to send letters and tell me they will be bringing in the bailiffs on Monday! Now the new case has also been dismissed are the dvla & enforcement office going to register/accept this? Before leaving I told the magistrates that I was still being persude & their only answer was that the court has/would tell them & if still harass me tell them to contact court directly, trouble is I tried that last week for the closed case and they wouldn't listen! So happy days cases dismissed but I have a strong feeling this is not the end of my battle.
  17. Paypal have been closing and freezing accounts in the UK and EU citing US laws and regulations which it is trying to impose here in the UK and EU. This I believe is illegal. I have located what I believe are two pieces of legislation to back this up: THE PROTECTION OF TRADING INTERESTS ACT Link: http://www.law.stetson.edu/lawreview/media/u-s-secondary-sanctions-the-u-k-and-e-u-response.pdf and the following EU legislation: Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom Link: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996R2271:EN:HTML My question is can I use both pieces of legislation in making a claim against Paypal for the closure of an account in the UK when no UK law has been broken in the use of the account? This being in a small claims action for damages caused by such a closure and asking for the reinstatement with no penalties of the account closed? Also does anyone know of any other legislation that can be used in regard to unfair business practice in what Paypal are doing in trying to enforce foreign law in the UK where such law has IMHO no jurisdiction? All comments and input are welcome whether positive or negative.
  18. Hi i have had a similar experience with a child minder She took me via MCOL to a county court over a debt the claim was struck out but now she has instructed bailiffs.(correction -a dca - DX) What I need to know is if the claim was struck out how come she can instruct bailiffs , has she broken any laws in doing so and can i now counter claim?
  19. Thanks for taking the time to read this, I'd be really grateful for any advice please. I had two accounts which were sold to Cabot, they wrote to me in July 14 and then issued a MCOL case ten days later via Restons claiming £7,138. I part accepted the claim but said that the figures were completely wrong and I only admit to £1,000 of the claim. My response was received in time by the processing centre and I then heard nothing until March 2015 when I received a letter from Restons advising that their client was still trying to get together the paperwork. I then got a letter at the start of July 2015, again from Restons advising that they were intending to accept my offer and needed a full income and expenditure to be returned IMMEDIATELY!! I wrote back to them and said if they meant my £1,000 offer I would pay that in return for them stopping all action and confirming in writing that this was in full and final of both accounts. I heard nothing so phoned them and they are adamant that they can't consider my one off payment without a full income and expenditure - silly. I have contacted the central court who confirmed the case has become automatically stayed as more than 6months X days has passed since the original claim was submitted and Restons only action was to file for automatic judgement (sorry if that is not the right term) three days after my part acceptance was returned, otherwise the court has heard nothing from them. My questions are therefore 1) As the case is stayed should I bother with the income and expenditure or just chance the fact that they won't do the necessary paperwork and cost to get it unstayed (given that they couldn't get the paperwork in time first time)? 2) Should I pursue them with my offer or just leave them now to reply if they want 3) Should I apply for a set aside and if so what are the risks of letting them open the case again? Sorry for the long winded explanation, hope you can help.
  20. Hi not sure what section to post this one in but we urgently need advice. My son is appealing a final hearing in a custody case He has paid all his own solicitors fees up until now. As well as maintenance payments so he just has no money left for further legal assistance hence he is having to do this appeal on his own He has been granted leave to appeal However the order stated he needed to supply to the court a full transcript of the hearing there is no way he can afford this. What can he do? Can the transcript be given on a disk ? Does it have to be typed. Is there a family law section on this site where we can go for advice or are there any solicitors out there who can advice him. I hope there is someone who can help Thanks for reading Luby
  21. Six years ago (in 2009) a Freeman on the Land (FMoTL) supporter by the name of Mike Dobson (Mike:of the clan Dobson) drafted a Removal of Implied Right of Access notice which he used to ‘scare off bailiffs’. He advised on the Freeman Ireland website that the notice should be put up at the boundary of the ‘private estate’ and the ‘public access way/street’ and that if a bailiff came to the door of the house they should be politley told that they would be trespassing and that they would have just 60 seconds to leave before a call would be made to the Police. Due entirely to the internet, the Removal of Implied Right of Access notice drafted by Mike Dobson went 'viral' and appeared on the Freeman on the Land’s favorite media outlet; YouTube. In 2010, the notice first appeared on the popular FMoTL forum; Get out Of Debt Free. Within a short time all popular Freeman on the Land websites carried the notice with many of them making their own changes to the wording. In March 2014 I researched the background to these silly notices and started a thread on this subject which to date has received over 12,000 visitors (link below): http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from PS: Unfortunately, the internet sites that recommended using this notice were unaware that the notice proved to be a complete and utter failure for it’s author; Mike Dobson (see link below) http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from&p=4664219&viewfull=1#post4664219
  22. I need urgent advice on a major issue I am facing with the local authority and need urgent advice on the best way forward. I bought a council flat on a right to buy several years ago. In the last 4 years there have been several works the council have done and the charges were quite substantial. One the first invoice I was given an option to spread the payment. On the others no such option was offered, although they claim it was offered. The charges in addition with the annual service charges, it became quite difficult to keep up. In February 2014 the council took me to the county court. I explained at the court that I could not make the full payment but was prepared to enter into an agreement to make instalments, but for reasons I was never made aware of the council suspended the case only to resurrect it in May this year. Between the original case and now I have been making instalments and reduced the balance. On or around the 15th of May I received 'Judgement for Claimant' for the value of £1,329.61, including charges and interest. The council had commenced county court action in February 2014, but suspended it, but I was not aware that it had been suspended. I spoke to the council because the value claimed was incorrect as I had made a payment of £300 before I received the judgement. They confirm it. I sent an N245 to the court providing income and expenditure and the sum I am able to afford. I have not yet had a reply from the court. The balance due from the case is now less than £1000 due to the instalments I have been making On 18th June I received a 'Breach of Lease' notice from the council enclosing Notice under Section 146 of the Property Act 1925 and asking that I make full payment within 21 days or further legal action would be taken resulting in forfeit of the lease. This was despite not receiving any decision from the County Court. I have researched Section 146 of the Property Act and I do not believe the council are acting in accordance with the law. Further I have spoken to the council and more than one occasion and had various email exchanges about the possibility of instalments payments but they are refusing to even consider it, even though they can see that I am making an effort to make payment. I am not sure what steps I can take now and my wife and I are quite worried at the possibility of losing our home and would like some advice on how to tackle this issue. Many thanks
  23. Anyone else received a letter from DR+ digging up any old outstanding PCN's and quoting Mr Beavis and PE Court Case?! I received a PCN from PE 2 years ago, initially ignored it then had constant 'ping pong' in the mail for about 3 months, mainly with advice given from CAG, until finally, DR+ and PE went away! Then, after over a year, yesterday DR+ write to me in quite a threatening manner quoting Mr Beavis! What a complete joke! Are people responding or ignoring these?! Thanks
  24. Hi Please could someone can help me with the following, I have kept it s short as I can. A BAYV company took me to court for the return of goods, the civil case was heard last month and I defended myself, the judge adjourned the case as part of my defence was that the company's credit agreement was unenforceable, the judge set a 2 week time limit for me to write a statement explaining reasons why and a new hearing date was arranged for today, I turned up early but the claimant phoned 10 minutes before the hearing to say they would not be attending as there had been an accident and they were stuck in traffic, I went into court and asked the judge if he could strike it out as I did not think that 10 minutes was sufficient notice and I felt that the claimant should have said that they were going to be late and asked the courts advice, the case was the first one scheduled to be heard today, I said that I thought it unfair that I should have to attend court again as they were made aware in the first hearing that I suffer from anxiety and a chronic bowel disorder, the judge still decided to adjourn the case. I was very upset as I thought that the nightmare would be over today whether it went in my favour or not I just wanted it over with. When I got home I checked for road accidents and /or delays along the route that the claimant would take and the surrounding areas and there has been none, I feel so frustrated and upset that this company appear to be using delay tactics as they are aware of the personal difficulties I have or maybe they just wanted more time , I don't know Is there anything I can do?
  25. I sold a baby carrier to someone in France and purchased delivery via packetport through Parcel2go. I paid extra for insurance to cover the cost of the item £130. The parcel was collected on 7/5/15 and I was quoted delivery should take 5-10 working days meaning it should have arrived by 21/5/15. Alarm bells started ringing when a Hermes driver came to collect the parcel but as tracking seemed to be updated I wasn't too worried. The buyer jumped the gun a little and started a paypal claim for non receipt on the 11th as the tracking information was confusing to her. I wasn't too worried as I assumed tracking would continue and had been told by paypal as the tracking was showing the item was still in transit they would not complete the claim. The tracking hasn't changed since the 11/5/15. I have been in contact with Parcel2go daily and each time have been told different things. I was originally told the item arrived in France on the 14/5/15 and they were waiting for details from the courier. On the 20/5/15 I was provided with a tracking number for La Poste which didn't work On the 21/5/15 I was told to open a claim which I did. On the 22nd the claim was rejected as the parcel had supposedly been located. I contacted p2g immediately as the buyer still hadn't received anything, tracking had not been updated and to top everything off paypal refunded the buyer. I sent a letter of complaint in to p2g, I'm still waiting for a response and took to social media. The p2g twitter team said they would look into it and get back to me. On the 23/5/15 I contacted the twitter team again for an update, they said the courier had delivered to a mailbox and asked me to confirm the address. On the 27/5/15 I was told p2g were still waiting for an update and I would be contacted. Today is the 29/5/15 I contacted the twitter team yet again and was told they delivered to number 1. I advised there wasn't a house number so why was it delivered to number 1? I've now been told they will get back in touch with the courier. I am out of pocket as I have had to refund the buyer as she won her paypal claim and I no longer have my item. P2g don't seem to be interested in helping me, the service I paid for via packetport was sent via a different courier, I have been lied to and promised management call back on 5 occasions which didn't materialise and I would like to reclaim my money. Will I have a case with the small claims court?
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