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My Ex wife has become pregnant, She has been working for her employers for just over 22 months, will she be entitled to maternity pay? Thanks in advance Leakie -
Possible to obtain a restraining order/ injunction
northmoore posted a topic in General Legal Issues
A few months ago a male, who is a live in employee at a property opposite my girlfriends house aggressively threatend to smash my face in and knock my teeth out, when I asked a delivery man to move his van that was blocking the driveway, the delivery man moved his van and drove away but the other man made more threat and demanded I fight him in the street and telling me what he will do to me, so I called the Police. Police never came out because they said I was safe inside my girlfriend house. The Police investigated but the male employee who made the threats denied it, the delivery man was traced and also said he didn't see or hear anything, but he had already moved his van and drove away before the threats wre made. Since this occurred the male employee is always outside in the street when I visit or stay at my girlfriends house,, always staring at me and now always parks his van outside my girlfriend house very close to the drive but not blocking it, he never parked there before. -
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This is another recent decision from the Local Government Ombudsman. This particular case addresses the common subject of single parents and whether or not they may be considered 'vulnerable' for the purposes of bailiff enforcement. There have been a couple of Ombudsman's decisions regarding 'vulnerability' and as in this particular case, the LGO confirm that it is for the debtor to provide evidence as to how their 'vulnerability' affects their ability to pay or deal with the debt. LGO Decision: North Hertfordshire District Council Miss X complains the Council has used bailiffs to try and collect a disputed council tax debt, even though she is vulnerable. The Ombudsman will not investigate the complaint as she has not seen any evidence of fault in the Council’s actions. The complaint 1 The complainant, who I shall call Miss X, complains via her MP that the Council has used bailiffs to try and recover a disputed council tax debt, despite her telling the bailiffs she is a vulnerable person. Back to top How I considered this complaint 4 I have considered Miss X’s complaint to us, the information her MP sent and the Council’s to Miss X’s complaint to it. Miss X has had the opportunity to comment, via her MP, on an earlier version of my final view. What I found 5 In 2010 the Magistrates’ Court granted the Council a liability order for a council tax debt it said Miss X owed. The Council passed the debt to its bailiffs in the same year. 6 Miss X disputed the debt, saying she should have received council tax benefit. The Council said she had made claim for backdated council tax benefit, but this was refused as it was outside the time limit for backdating benefit. 7 I note the points above as background, but I am not looking at why Miss X owes the debt as any complaint about her liability is be late, and the Ombudsman has previously considered a complaint about Miss X’s benefits. 8 In spring Miss X sent the bailiffs a ‘‘cease and desist’ notice saying as a single parent with a seven year old daughter she was a vulnerable person and the bailiffs should not be taking action to recover the debt. 9 The bailiffs wrote to Miss X asking for further information so they could assess her situation and decide how it affected her ability to pay. As Miss X did not send the information the bailiffs visited her twice later in the year. Miss X then complained to the Council about this. 10 In 2014 the Government issued National Guidance for Enforcement Agents. Paragraph 77 says - “Some groups who might be vulnerable are listed below. However, this list is not exhaustive. Care should be taken to assess each situation on a case by case basis.” 11 One of the groups listed who might be vulnerable are single parent families. 12 The Guidance is clear that if a debtor falls into the list the bailiffs must assess the individual case to see if they should take extra care in recovering the debt. Just because a debtor is a single parent does not, of itself, mean they are vulnerable. 13 The bailiff’s asked Miss X for more details of why she was vulnerable; she did not provide any information. So I cannot say the bailiffs were wrong to continue their recovery action. 14 I will not investigate Miss X’s complaint about the Council using bailiffs to recover a debt from a vulnerable person. Miss X did not send any other information to support her claim and the Council and bailiffs were not at fault to continue recovery action. http://www.lgo.org.uk/decisions/benefits-and-tax/other/16-010-888 -
Hi, I am in the process of trying to source a mortgage however the fact that I have historic defaults on my credit files from telecom companies is causing me problems. These are all with Lowell and range from 4 years to 5 years old. What's the best way of dealing with this to ultimately get the defaults removed off my credit file within the next 3 months due to wanting to take advantage of a "right to buy" offer we have. Obviously I am NOT saying that I don't want to pay these however if its best to go down the "final settlement" route as long as the default is removed etc than I am happy to look at that? Some of the defaults I genuinely don't have a clue what they are and would protest against them if time was not against me. any help would be gratefully received. Many Thanks Scott -
Hiya all, Trying to help my brother out, He has been issued with a money claim alongside a section 8, They are for differing amounts but issued on the same day which is odd I am going to help him out with responding but a quick technical question should a letter before action have been sent to him beforehand? I know it is practice for companies but not sure if applicable to rent arrears? Also worth saying he wrote to LL on date it was issued asking for a rental breakdown as he disputes the amounts ( especially as different from the section 8 ) and it was signed for the day after ( 13 days ago ) he believes the LL has applied his own charges and then implemented them without a breakdown to him. I am assuming he defend it on the basis that the LL has not responded to his asking of a rental breakdown/ any charges applied? -
Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts, -
In 2010, a warrant for repossession was suspended on my property under the condition that I pay of the arrears which I did earlier than expected. last year I was having a problem with my business and fell behind with payment. I informed my lender and we agree to that I should continue with paying the mortgage with a little extra on top. All of a sudden my lender changed their mind and were asking for a huge sum that I can't afford when I refused they have applied to the court to re-enforce the old warrant which is over 6 years old. I am in arrears of £5000 and the property is worth £400k I have 17 years left on an interest only mortgage. can anyone please advice.
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Hello I am in receipt of CB ESA with the support component having been migrated from Incapacity Benefit several years ago. I also receive DLA High Rate Mobility and High Rate Care. I had no entitlement to Income Related benefits as partner was in full time employment. New scenario - Partner has to leave employment due to chronic lung condition. We ask at Jobcentre how and who should claim. Were told partner should make separate claim for ESA which he did. Was placed in support group without a medical. When he asked for housing costs (SMI) to be included, these were added from 13th week, (this was waiting period at the time). My question is - When I advised DWP of the change of circumstances (partner leaving employment), should this have prompted a supersession exercise to establish potential entitlement to Income Related ESA, and the issue of form ESA3 ? If my claim had been made into the joint claim would SMI have been payable straight away or would I be subject to the waiting period. In addition to housing costs, several premiums would also be included in the applicable amount. I have raised this query with DWP and have a letter that says if I had made the claim for Income Based ESA, I would still have had to serve the 13 week qualifying period. Having looked online the information I have found suggests this is incorrect. Any thoughts on this would be gratefully received. Thank you. -
Has the UK got the continuing-violations doctrine in its Laws. I was under probation with a company and I raised H & S issues. A lot of documented bullying occurred. My employment was later terminated and the director cited the contract I signed in which they have the right to terminate my contract without reason. Much later after the expiration of the time limit for the Tribunal I made a Subject Access Request. I discovered that my line manager has been telling lies about me all this time. And these are lies that are easily disputable (Like I was found sleeping while on that day I was over a 100miles away on training). In a personal review list done six months after I left the manager still wrote down a lot of easily disputable lies. Now if the UK has a continuing-violations doctrine or something similar, I will still be in time to take the case to the Tribunal. Please I would be grateful for any advice. Regards
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Hi all. Very briefly, my friend worked for an employer last year who paid him by bank transfer and never gave him a pay slip. My friend resigned at Christmas and since then has sent letters to the employer asking for payment for 2 days worked, 2 days bank holiday pay and 2 days holiday pay. He has since asked me to help him make a claim against his ex-employer. Evidence-wise, we have this: Original advert in local paper Bank Statements showing 7 bank transfers made to my friend's bank account starting on 11.9.2015 and ending 18.12.2015 totalling £4718 Copies of letter and email sent to employer Proof of receipt of letter. He is owed money for the last 2 days he worked (21&22 December 2015), 2 days holiday pay and 2 days bank holiday pay. He works this out as £9 x 8 hours x 6 days=£432 Is this the correct amount or do we work out the Tax and NI he would have had deducted? (although his employer, apparently, never paid his NI or Tax) My question is, do you think that we have enough evidence to proceed? And, if so, is an LBA the next move, detailing the above information? Thank you in advance, B -
I've actually put the whole question in the title. I am repaying a debt which went to court mediation and I signed a Tomlin agreement. Over a year later the DCA sold it to another DCA. For about a year the new DCA accepted my payments but are now writing/ attempting to phone/ wanting me to phone them, and saying there is not an agreement in place. I have written a letter of complaint, and am waiting their reply. But what is the LEGAL situation of my Tomlin agreement and the new DCA? Thank you -
A strange thread perhaps and why have i written this. Well i have been watching as a couple of people write letters to each other for years. When young i used to write letters to relatives thanking them for birthday presents etc. I watched the person write a letter and was surprised in these days of emails that they get so much pleasure from this practice. Writing a letter,putting it in an envelope,sticking a stamp on it and trotting off to the postbox. And waiting for a reply. Really feel tempted to get my quill out dip it in ink and write a letter to myself. Then i could act like Mr Bean. Excitably open it wondering who it is from. Do any of you out there in web land,consumer land still write letters to friends,family etc. And how long have you communicated with someone this way. I find as i get older for some reason i want to go back to this practice.Do you? Fancy buying a fountain pen, or Quill, blotting paper a writing desk and having a go,do you.? Or do you only communicate this way perhaps. If so i may not get many replies. Maybe you use both methods,email and write. Thanks for any responses, Yours faithfully, Tawnyowl, Just practising i am a little rusty.
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Hi, on the 13th August I was referred to Ingeus by my JSA Advisor and told to expect a call off them. On the 15th August I had a severe epileptic seizure caused by stress and was given a sicknote for 12 weeks by my doctor. He thinks, due to me being severely depressed and prone to more seizures, that I should be on ESA. I closed my claim for JSA on the 17th and opened my claim for ESA on the same day. Later that day I had a letter from Ingeus telling me to attend on the 27th. There were no mentions of sanctions or anything like that, but it caused me to become very agitated. I called the number on the letter (their general enquiry number I think) and the man, without asking for any details, told me I still had to attend. Is this correct? My JSA claim is now closed and my ESA claim is being processed. I've never met nor spoken to Ingeus before, so do I still need to go? I'm very ill at the moment and this might make me worse I fear. Obviously in 13 weeks if they put me in WRAG, that's a different situation but right now I am very ill. Any info on this would be very very appreciated! -
Paypal-Does anyone have any problems with them.On Ebay or any other site. I say this because in the last 4 weeks on Ebay my Paypal account has slowly closed on me. Only able to access it at strange times of the day,say 12 midnight or perhaps as i get up early 4 or 5 am. Then a few weeks ago i could not access at all. Usually it says DNS server cannot be found,but everything else in the world can be found. So i am selling on ebay and receiving payments paying postage but cannot access my Paypal account. So really for myself Paypal has turned into a great big savings account with no interest. I personally now have lost all faith in Paypal and looking for an alternative. This might cost me sales but all my eggs are never put in one basket.Just in case. Now this morning at 4-30 by some miracle i managed to access Paypal,i am honoured to have received this privilege.I will send them a letter thanking them. Due to the way things have been going i withdrew my hard earned money and transferred it into my bank whom i have much more faith in. This is what i have been checking each day as my frustration grew.Check it out if you feel so inclined. See what some are saying here and there.And of course is it accurate. Paypal outage map. http://downdetector.com/status/paypal/map/ Just checking my emails a few moments ago i received a email saying. Your Account Has Been Limited Your ΡayΡal account has been limited because we've noticed significant changes in your account activity. As your payment processor, we need to understand these changes better. This account limitation will affect your ability to: Send or receive money Withdraw money Also, you won't be able to: Remove any bank accounts Remove credit cards Close your account Charming,clearly they are the powerful ones and can do what they want at any time. I am invited to go to the resolution centre and say what has happened. If i manage ever to sign in again. Why i withdraw my money instead of leaving it in their hands. Anyway i just wondered what anyone else thinks of Paypal lately. And what are the real alternatives to Paypal when on ebay etc. Thanks Tawnyowl. -
I have just seen a RBS agreement from 1992!! At the top it does'nt have the usual bumf of 'this is a Credit agreement regulated under the consumer credit Act 1974' (or similar) I thought this was a must! What legal implications does it have? There are other faults but I can't remember what not having the above means. Its not mine so I can't post it up. Kind Regards jack -
which credit agency does hsbc use? (remortgage)
wiosna30 posted a topic in Credit Reference Agencies
Can someone help me with my question? I need remortgage and on experian I have almost excellent scoring and HSBC has the best deal for us, so i need to know which credit agency they using. Thank you -
I'm doing a online quote for renewal insurance does third party hit driver mean I got hit by a third party driver
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I definitely will. Thank you, I just wanted to know if there was anything that I'm missing or not doing correctly. For example, what would happen if the court finds that my friend has totalled up the total owed slightly incorrectly, maybe out by £50 or so? Do they then act upon this, etc?
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Hi All, its been a while, but i have a question i need answering. A Spanish Company have supplied goods to a uk company a sole trader, the company is spanish and has a spanish address. They have a uk agent who acts for them as an individual and works on commision. The Agent has issued a claim against the uk company sole trader via MCOL for non-payment of invoice, the reason it was not paid was the items supplied were at fault and the UK agent refused to accept a return. The agent has issued on behalf of the spanish company although the company who is owed the funds is a spanish entity. how does Juristiction stand? should they be using the european money order route? On The POC the Agent lists the name of the spanish company not his own name. can this get this struck out? -
Hi, sorry if I've posted in the wrong place, but I checked my credit file on clearscore.com today - that tv advert with the girl shoving her smelly feet into the bloke's face on the laptop with the dog between his legs! Ha! I love that advert. I gave in and logged on - it showed I had a Debt Relief Order back in October 2011. Sure enough. But about 3 of the debts which were included in the DRO were showing as not being defaulted until late 2012. I was discharged from the DRO in October 2012, but these 3 debts will not clear my credit file until at least 2019 due to the way they registered the default. I'm confused. 2 Questions if I may please - 1. Does my DRO drop off my credit file from when it was granted, or when it was fulfilled. 2. Any debts included in my DRO, can a company individually default them AFTER they were originally included in said Debt Relief Order. I'd really appreciate some direction to legislation on this please. thanks. -
Hi, quick precise: April 2016 Test drive on a 2007 Ford Cabriolet with hood down, then put roof up and inspected. Decided to purchase. Collected car after several problems with DVLA First attempt to tax - DVLA had no records of Reg. No. Telephoned DVLA - would look into it Next day car appeared as untaxed, unsorned since August 2015 Next, DVLA could find no owner for the vehicle. Told garage not happy - explained they had purchased it in August 2015, laid it up for winter, mot'd February 2016, a nd were able to tax prior to collection Car collected, again hood down. Half way home red engine light permanently on, returned and left on garage forecourt as they were closed. Put right next day. After driving around for a day, top up, noticed and 'nasty' interior smell. Again told garage about that and a couple of small faults, told make a list and book in. I have had dealing with this garage previously, and no problems. They just recently hired a car salesman and were now offering cars for sale. over the next couple of weeks, the smell got consistent and worse, attempted to book in for works to be done, especially smell, each time I was told salesman not available and no one else could deal. Eventually, car went in for warranty repairs, including a new set of cherished number plates. Repairs took 2 full weeks, and on a Friday was told car ready Monday. I contacted DVLA to be told we cannot do this online as there is a problem with this car's Licencing History. By this time I was completely worried about this car, so visited dealer again and told them we were rejecting the car - he laughed in my face and said you've paid, so hard luck!! Car was left outside my home 2 days later, and guess what, smell worse than ever. Took to a Ford dealership who immediately found the fault, interior carpets were mouldy (pad underneath). Suspected roof leaf. Upon going on internet I found this was a well known fault with the vehicle. Dealer says all cabriolets should be laid up August to March! a fact they did not observe during the last Winter. Will do nothing, surely this is unfit for purpose and an inherent fault? Many thanks in advance for opinions
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Hi All, Having the same run around as a lot of other members it seems, I used a claims company for some credit card PPI claims and saw it was an easy process so I decided to go after Halifax myself, I had records that we had three mortgages with them: 1) 1994-1997 2) 1997-2000 3) 2000-2007 June 00 - July 07 I didn't have all the details so called halifax - they first said we didn't have any mortgages with them!! I gave all addresses and dates. I had to go through some old credit files which gave me one roll number, then they found them all! what a surprise - at that point they confirm all three had poi - I asked for them to setup a complaint - I then had to prove who I was and supply other details.. This was done and they went forward with a complaint - I also found a document from our house purchase (3) which had a redemption figure and confirmation of the mortgage repayments insurance figure - £140.84 a month After about 8 weeks we got a cheque for £16,800 which already had tax deducted - the rate on interest is at 8%, they have said they the overall amount we paid towards the MPPI is £9,539.24 although I have the letter stating £140.84 a month ( just mortgage 3 ) maybe it increased as the years went on. They have put the interest at £9,270.90 based on the amount above and mention this takes into account the date we get paid back, maybe I have used the wrong PPI calculator but the figure I'm getting with interest is near £27k based on their figure of £9539.24, when I put in £148.284 a month its at £33.5k. Am I getting the working out completely wrong? The unbelievable thing is the wife said that doesn't sound right for all three mortgage's - we rang them up and they said, you have only made a complaint about the last mortgage - I said why would we go through everything listing all mortgages then only complain about one, they again confirmed the two previous had Mppi and set a new complaint process going - they even took our account details to hopefully make the payout quicker. 10 days later we have a letter dated 12th saying that they cant find any PPI on those two mortgages, the next day we have a questionnaire asking about why the PPi was taken out, did we claim etc. I called and said we had it confirmed that Mppi was across all mortgages and said we were even given a rough monthly cost when we put in the original claim, the lady let it slip that in the last few days all systems have been updated and old records could have been lost as its so old, I asked her to confirm that this could have deleted the details she said yes. I then said we have been in contact for two months and there must be a record somewhere, she asked me to send in any paperwork to the complaints dept! Great! Thanks for any advice. -
Hi, I just received a PCN for Entering and stopping in a box junction when prohibited on Cricklewood Lane. This junction box doesn't cover the whole intersection. Does this comply with the standard? I've attached a video showing this box junction and my car entering it (Silver Car) video.zip -
Hi all. I got a letter this morning saying my Universal Credit "will be paid on 12th July" (tomorrow). Does this mean I will get the money tomorow? Or does it mean they will pay it IN tomorrow and I will really receive it in 3 working days? HELP! I have been without any money now for 4 months. I am sick of them plaing games. I wish they were mor clear in their letters.
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Hi all, It's my first post on the forum. A very good friend of mine has got into some difficulty in paying his mortgage. He obviously has been searching the net on what he can do so as not to lose the property if it comes to that. He has been reading up on lease options and although it all seems legit and genuine, has anybody actually done this and come out the other side smiling. All opinions welcome.
