This has been designed for you to complete and once finished place the completed for into a clear container then place the container inside your refrigerator. Please remember to regularly update the form if you use it. Medical Emergency Information.pdf

SCOOP has links today to two Freedom of Information requests that feature on the very popular website: What do They Know. http://www.scoop.it/t/lacef-news It would seem that two individuals are making highly vexatious Freedom of Information requests. It is such a shame that this practice is going on as I fear that before long, the government will amend legislation so that a charge will be payable for each FOI request. The first link on SCOOP is this one from an individual by the name of Wayne Pearsall regarding Removal of Implied Right of Access. https://www.whatdotheyknow.com/request/moj_implied_right_of_access_remo He has so far made 242 Freedom of Information requests using the What do They Know site. There may well be many others as well that are made direct to the relevant authority etc. https://www.whatdotheyknow.com/user/wayne_pearsall Typically, when he does not receive the answer that he wishes.....he requests an 'internal review'. Most telling is Mr Pearsall's request dated 20th March to the Home Office entitled: 'Vexatious Correspondence and Complaints Process" https://www.whatdotheyknow.com/request/vexatious_correspondence_and_com_2#comment-58908

Hi I am the executor for my late mother's estate and we are in the process of selling her house. We have hit an obstacle in that there is a secured loan which was paid off in the early '90s but it is still listed as outstanding on the title deeds. The loan was with Cedar Holdings Limited, which is now a dormant company and comes under Black Horse Finance Management. I have called them today and been given a number for their secured legal department in Cardiff, but the number is constantly engaged. We are trying to get proof that the loan has actually been repaid, can anyone give me any advice on the best way to take this forward, apart from trying to call them constantly? Any help would be greatly appreciated!! Thank you!!

Card put through door, item being held at your local office which is not the same as the tracking number details confirmed where it was. Why oh why are royal mail useless..

Hiya, any advice will be gratefully received. I started a PPI claim against santander early 2014 for a loan which was taken out in 2001. They claimed to have settled a PPI claim on this account in 2007. In 2007 they settled a 'bank charges' claim for a closed current account not a PPI claim for the loan account. I have never claimed for PPI on any account until early 2014. But in 2007 I had taken on quite a number of banks for charges. I had a call from the FOS today. They said that santander had provided evidence of this settlement. I asked what the evidence was and he said it had the loan agreement number on it, the amount, date and that it was for PPI. Non of this information is true. It's totally fabricated. I expressed my concern to the FOS and he said he'd contact them again to ask for further details. I called santander straight after to request this information and told them it's totally untrue and fraudulent! I'm hopping mad. I don't want to let them get away with this. But what do I do? The FOS have to make a decision on the information they have. I haven't kept anything from my charges claim, as far as I was concerned the matter was closed so I destroyed everything. If they FOS rule in their favour, how do I complain without any evidence? Thornyangel

In 2011 I opened an Argos card account and have never missed a payment or paid late. With that in mind, last year due to personal circumstances I have defaulted on a financial arrangement with a different organisation. Upon checking my credit file regularly I have seen that Argos are reporting that my account with them is showing; The account status is currently under review due to a query. Argos have been reporting this same status since May 2015 - long before anything else went into arrears. Are they allowed to do this and if not, what course of action can I take against them? I have tried calling them to ask the question but they were evasive and told me to write to them

Which? launches new carers’ hub to bridge the gap More than a million people looking after an elderly relative could be losing out on crucial advice and support, research by Which? Elderly Care has revealed. Nearly a third of the 3.8 million unpaid carers in England struggle to find the information they need from their local council. There are also large differences between areas. Around half of unpaid carers in Brent, Hounslow, Sheffield and Lambeth had difficulty finding information and advice. New hub for unpaid carers In response to the lack of information available to carers, Which? Elderly Care has launched a free Carers’ hub, which brings together advice pages with local authority information. The new hub helps carers find the information they need, whether that’s how to arrange a carer’s assessment with their local council, get information on the benefits and financial support that is available or carers’ rights in the workplace. Read more: http://www.which.co.uk/news/2016/01/unpaid-carers-struggle-to-find-the-right-information-431835/ - Which?

I am waiting a response from the local authority regarding council tax which I understand they have 20 days to reply. If they fail within that time, what is the next step I should take ?

Hi all, Hoping somebody may be able to shed some light on my question.. I have a judgment against an individual. I have come to realise his name is misspelt on the judgment. Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'. My question really is regarding what court fee I am supposed to pay. Ive read the official fee guide but it doesn't make it very clear regarding this type of application. Any thoughts? Ive already emailed the courts to ask but thought somebody may have the answer on here. Thanks in advance

Hello, I have registered only with one CRA- Noddle. For those of you who are familiar with CR files will be able to answer my question, I hope... So I have a list of linked addresses etc...on Noddle which I guess is automatically updated once I update my address with banks, DCAs etc... There is also a different link for PERSONAL DETAILS which shows my date of birth, my full name and the last 2 linked addresses. There is also an option to change my current address myself which I did on Noddle. This last current address at the moment is not linked to any of my bank accounts and DCAs accounts showing on Noddle because I guess they have not updated my information yet- I guess it takes some time , they probably update these every 2-3 months or so... As I am not registered with any other CRAs I wonder, do the rest of the CRAs have on file my Personal details and will they pick my new personal address from Noddle and update it in their systems or will they only use what they have as information provided from the banks, DCAs etc...?? Does it mean that my REAL address at the moment can only be seen on Noddle until the banks don't update their information with my new address? Would you suggest to register with the rest of the CRAs to be able to update my address on time, so to avoid a sneaky CCJ from unknown 'lenders'?

Hi I wonder if anyone can advise, will try and keep it as short as possible. We have sent a SAR to the NHS for my son, NHS being difficult to say the least as the consultant basically does not like us as they breached the DPA 3 times and we put in a complaint and they accepted liability. We sent a SAR and we have received a letter back, basically stating we cannot have anything. We requested everything held on my sons file, his school had to complete some questionnaires to which we would like to see what they have said. Below is the paragraph from the letter which states we cannot have these questionnaires I must advise that we will not be disclosing any information sent to DR XXXX by either XXXX School or XXX school unless the questionnaires were completed by our staff from our organisation. They know the school completed them as thats why they sent them to the school in the first place. Can the NHS withhold these questionnaires? We also know the ED Psychologist has sent several emails to the consultant to which we have asked for copies again they have refused. Below is the paragraph. XXX Health and Care trust is not the provider organisation responsible for the provision of Educational Psychology Services, this means we are unable to assist you with data. All the above information we require is held on our sons medical file at the NHS. Can the NHS refuse to give us this information.

Hi, thanks in advance for looking at my post. Basically, in 2006 I took out a buy now pay later deal through land of leather with creation. land of leather told me i would be contacted when i needed to start making payments but never did. after taking out this deal i went through a rough patch after having a prem baby and becoming a single parent in the space of a few months with no job and was extremely depressed and i forgot about the sofa payments. the next i heard i had court papers, i contacted creation to ask if i could start making the payments asap and they told me i had to pay the full amount plus the interest i would have been charged or they would register the ccj. i couldnt afford to do it and the ccj was registed and a charge was put on my house. anyway, the house is being sold, its meant to exchange next week. my solicitor has contacted creation for a balance and it is 5139.19!! the sofa originally cost 1495 and i took a 2 year warranty 240. on my credit file under creation it states 3639 and they have logged every month since 2006 sustained arrears. i contacted creation to ask why the balance is so high, they told me it was now with drydens. i called drydens, they told me the 5139.19 is the balance creation had sent to them and they had never added any fees and didnt have a breakdown. i recontacted creation and i was given the balance of 3638.55 and they told me any other fees must be drydens adding them. i am so confused and neither company is offering to help me or give me the information i need. i am about to lose my buyer. please help me

Last June i was supposed to go for my ESA medical but my son in law died on the same day with cancer so obviously i had to be there for my daughter as much as i could, phoned the medical people up explaining why i couldn't attend. They said they would send another appointment out which was took until May 10th (Sunday) but before then my back had gone off and i was bed ridden so i had to phone them up and explained i was in bed with a bad back ,the person was fine about it and said they would send another appointment out on Tuesday 19th May i received a phone call from someone from the ESA who by the way was very nasty to me on the phone, said your benefits have been stopped because i hadnt attended the medical, i had to go for an appointment with someone at jobcentre plus on Thursday 21st May. i went yesterday with a struggle and had an appointment with a lovely lady who as soon as she saw me struggling that she said there wasn't anything she could do for me because in order to get jobseekers allowance the person has to be fit for work, and she said its clear to me your not fit for work. She said i had to get back in touch with ESA and to try and get back on. Today i phoned a lovely man who said he would put in an appeal with ESA to get it reinstated and if the appeal wasnt successful i would have to go to a tribunal. What was alarming was he stated i wouldnt get any money at all until i get a decision which he stated could take upto 2 weeks. How am i supposed to live with no money coming in bar what i get in DLA, my housing benefit has been stopped so how am i supposed to pay that. I feel iam being penalised for being disabled, i suffer with mental health issues as well so not only am i in constant pain i feel like killing myself with the added stress this is causing. Maybe that's what this government wants people that have Mental Health issues or physically disabled killing themselves just to get the figures down.

Hi Guys I originally joined CAG about seven years ago to seek advice after being sued for a personal injuries claim. Judgement was made by default - court papers being sent to a previous address by recorded delivery and not received by me, so I was unable to defend myself in court. My subsequent application to set aside was dismissed. Quantum hearing was heard in August 2009. An oral examination was also conducted as to my means. It was evident that I was not in a position to pay and I offered £1.00/month. This was considered "unacceptable" by the Judgement Creditor and I have never been advised the amount that would be acceptable. I have only made payments totalling £6.00 in the early days after the case ... I have never received any correspondence relating to this case from the Judgement Creditor's legal team and no payment enforcement has ever been attempted. This morning I was handed a summons to appear at court for another oral examination later this month. I have no assets, am self-employed, in receipt of WTC, HB and CTR -- my weekly income is considerably less than the £72.40 the law states I need to live on each week. I'm sure the oral examination is just a formality really .. but if anyone could offer any sound advice, I'd appreciate it. Best wishes Imp

Hi everyone, I’ve been having issues with Harland/CRS and have had a few correspondence go back and forth with the help of this forum but I’m a little stuck with what to do next now and would love some advice. I appreciate that this is a little long winded but I didn’t want to leave anything important out…

The story so far;

After visiting Hone Gym is and chatting to a staff member they informed me that I could pay £20 for a months membership with no obligation, I made what I believed to be a one off payment with the website being what I perceive now to be heavily misleading. I didn’t realise until 9 months later that they had continued to deduct £20 from my account every month. I immediately cancelled the DD, had my bank raise an indemnity claim and thought no more about it. Roughly a month later on the 23/07/15 I received a letter from Harlands stating I had ignored their first letter (which I never received) and that the £179.91 that had been refunded was now £204.91 to include their admin fees. I replied with the following;
 Re; Hone Gym Membership Ref No: edited Regarding your statement that a letter dated 3rd of July was sent to me at my address, no letter was received. Please forward a copy of this letter. An indemnity claim was made as I had only authorised one payment to be debited from my account, not nine. The Hone Gym website has demonstrably been updated a number of times and has subsequently changed its wording to make it clear that further payments will be automatically debited. This was not the case when I approved a registration payment and a one month membership payment to be taken and goes against what I was told by senior staff at the gym. Namely, that I would have to action the payment each month and that I would receive a new pin for entry. As I was provided with misleading information regarding the ongoing deduction of funds from my account and the terms of the membership I consider this to be a breach of Section 5, CPUTR 2008. Please respond within 14 days or a complaint to the OFT will be made without further notice. Kind Regards Clueless Dan
 On 14/08/15 CRS sent a letter covered in bold red lettering stating they’d been employed by Harlands and I now owed £278.68. This was my reply; Dear Mr Avery Re; CRS Ref No: edited Harlands Ref. No:edited As I stated in my previous letter, the information provided to me both on the website and by staff members in the gym was misleading. I did not authorise the ongoing deduction of funds from my account after the first month and I consider this to be a breach of Section 5, CPUTR 2008. Firstly, with reference to the above account, I request that you send me a true copy of the credit agreement, signed by Daniel Johnson and entitled “IMPORTANT: PLEASE READ CAREFULLY”. I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Also, since you are a debt collection agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1. True copy of original credit agreement 2. Statement of account 3. Copy of the executed deed of assignment from Hones Gym to Credit Resolution Services As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Secondly, I draw your attention to the OFT guidelines on debt collection: Charging for debt collection 2.9 Charges should not be levied unfairly. 2.10 Examples of unfair practices are as follows: a. Claiming collection costs from a debtor in the absence of express contractual or other legal provision. b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision d. applying unreasonable charges, for example, charges not based on actual and necessary costs e. applying charges which are disproportionate to the main debt. I consider your charge of £73.77 to be disproportionate to the main debt and not based on actual and necessary costs. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”. Thanks in advance and I hope to hear from you within the statutory time limit. I look forward to hearing from you. Yours faithfully, clueless Dan On 12/09/15 I received this reply. [ATTACH=CONFIG]59298[/ATTACH][ATTACH=CONFIG]59299[/ATTACH][ATTACH=CONFIG]59300[/ATTACH] Where can I go from here? I’m starting my second year of uni this week so really don’t need the stress and can’t afford the expense of just paying out. I appreciate that I could have been a little more thorough in reading through the documentation but took the staff at their word which was in keeping with the misleading wording of the website… Any advice would be hugely appreciated, Kind Regards Dan

aa I've never received a N24 form before, so I have no idea what to do, also I cant seem find anything to do with the N24 we've just received on the site. All we received was 2 sheets of paper, telling us to file within 7 days, & a cryptic accompanying letter sent to our solicitor. I've attached this to the post My main question is what is "an order excluding the Defendants from the property"? Does it mean a lodger ie an excluded tenant? or something else? Is it evicting a commercial tenant? The full paragraph says : " in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property" I have no idea what this means ... The accompanying letter to the solicitor said something about varying a residential contract into a commercial contract. I've included the full letter as an attachment. The exact wording about the varying order is: "That the said Assured Shorthold Tenancy bearing the latest date be varied into a business/commercial lease upon registration or obtaining an operating licence with the regulatory board namely Office of Standards for Education Department (OFSTED). " Also is it possible to ask the court to show us the original application or order from the court, so we know what the hell is going on ... The only forms we received said Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. The Claimants must file with the Court and serve on each Defendant by 10-12-2015 a signed and dated witness statement which sets out clearly and in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property and which contains a declaration ('a statement of truth*) that the contents are true . 3) When the Claimants do this the application will be placed before a circuit judge who will decide without a hearing when it will be heard: 4) If the Claimants do not do this by the date given, the application (but not the Claim will be struck out) Dated 17 November 2015 Again we have no idea whats going on, please help. Thanks

I have just been trying to track a chap down for a hour or so. Not really what i was expecting to do on a Sunday evening. To have a chat.But although i can find some info on this man in a couple of countries,personal contact seems difficult.. Really i was trying to check out a story i had read about him. Enough time now spent searching i will let you read the story. And maybe it will give you a little taster of the sheer amount of predators out there trying to extract money from you and your communities in any way possible. The loan danger- SUN INVESTIGATION: We confront the sharks selling personal details of vulnerable payday loan applicants VULNERABLE payday loan applicants have been bombarded with hundreds of calls and fleeced of more cash after their personal details were stolen and sold to sharks. The illegal trade of huge amounts of private data held at Indian call centres has been uncovered by a Sun probe.The link http://www.thesun.co.uk/sol/homepage/news/6698034/Hell-to-pay-Private-data-held-in-call-centres-in-India.html Listened to the video a couple of times now and it makes me want to ask him why.Part of this sentence just changed.I do not like to attack people personally. Makes me want to take the tyres of his Mercedes away. Sorry i do not usually get so angry.After all many of us over the last few years have seen many things connected to the problems out there with Payday Loans and Payday Loan Brokers and general debt. I see many now getting money back from the Payday Lenders with charges etc. And a few we have helped getting money back from the Payday Loan Brokers and their clear mischievous actions in extracting money from people at vulnerable times. So now it is time to tackle these Brokers and make them pay back going back years. Feel the ones that have got paid back so far are really just the tip of a iceberg problem going back many years. The guy is that crooked he must have to screw himself to his bed to sleep straight at night. I feel you know what i mean. Really dislike giving this man any kind of publicity but feel it is best for a warning to others to somehow protect your Data. How,well that i cannot answer personally.Perhaps someone can. For now i will calm down a touch and leave you with some info on payday loan brokers who have caused plenty of trouble as we have seen on the forums. Credit Brokers and Payday Loans If you are looking for a payday loan, using a credit broker to find one could cost you money in unnecessary fees. This page tells you more about what you should think about before you use a credit broker to find a payday loan. https://www.moneyadviceservice.org.uk/en/articles/credit-brokers-and-payday-loans 2ND night running i have missed Strictly Dancing,when will it end. Bye for now enjoy your evening what is left of it. Tawnyowl.

Hi is there a court portal where you can see house repossession cases. Thanks

Guide to taking in a Lodger What is a Lodger? A Lodger is a person who rents a room in your home without having exclusive rights to any part of the property. Usually there is a formal arrangement in place that sets out the rooms that the Lodger can use and those that they share with the rest of the household (e.g. the kitchen, living room and bathroom) for an agreed payment. Close family members such as a parent, step parent or parent-in-law, a son or daughter, step son or step daughter, a son-in-law or daughter-in-law, a brother or sister are not normally classified as Lodgers so you need to be fully aware of this. Do I need Permission to take in a Lodger? As a Private Home Owner --You may need to inform your Mortgage Provider. --You may need to inform your Insurance Provider. --You may need to inform the Local Council (Council Tax). --You may need to inform DWP if you Claim any Benefits. As a Council Housing / Housing Association / Housing Trust etc Tenant (Social Housing) --You may need to Request Permission from your Landlord to have a Lodger. --You may need to inform your Insurance Provider. --You may need to inform the Local Council (Council Tax). --You may need to inform DWP if you Claim any Benefits. We would recommend that you always get Permission in Writing from the Landlord. Do I need to provide a Furnished Room? To comply with the Governments Rent a Room scheme to earn a tax free income you must provide a Furnished Room. How much can I charge a Lodger for a Room? This will depend on the area where you live and what condition your property is in. Have a look on www.SpareRoom.co.uk at other rooms available in your area to get an idea what the going rate is likely to be. How do I Evict a Lodger? It is easier to evict a Lodger than a Tenant but you will still need to give ‘reasonable notice’ to the Lodger if you intend to evict. We would always recommend a written agreement between you and your Lodger(s) so the conditions are agreed upon in advance. Will I be Taxed on my Income and do I have to Declare it? Under the Government’s Rent a Room scheme you can earn up to £7,500 a year tax free by taking in a lodger and, provided you don’t earn more than this, you won’t need to declare it. Important if you do earn over the amount you must inform your Local Tax Office ASAP. Do I need to Comply with the New tenancy Deposit Laws? The law only applies to Assured Shorthold Tenancy (AST) so you can take a deposit without having to use the tenancy deposit scheme. (Ensure you have a Lodger Agreement signed by Lodger and Yourself) Do I need to Comply with Right to Rent Laws? As of 1st February 2016, the law requires everyone renting out property in England to check whether their tenants are legally allowed to live in the UK, regardless of the type of agreement, whether they're written or verbal. (this includes Lodgers so you need to be aware of this) Right to rent checks introduced for landlords in England Right to rent document checks: a user guide A short guide on right to rent Right to rent checks: what they mean for you Check your tenant's right to rent The PDF below contains the above information but also: 1. Lodger Agreement 2. Lodger Interview Form 3. Inventory List 4. Example Notice to Quit letter. Guide to Taking in a Lodger.pdf

Hi, and welcome to the CAG Benefit Forum. Here's a brief guide to the sorts of information posters here will be looking for to help give you prompt and accurate answers to any questions you may have. You may not know, or be unsure about, some of the things listed. That's OK, but the more information you can give the better. Not every question will be relevant to everyone, of course - this is just a general guide. Take care to post nothing that will allow you to be identified in the "real world". Which benefit are you claiming? For example, Jobseekers Allowance, Employment and Support Allowance, Child Tax Credits etc. If you're unsure, please let us know the basic reason why you're claiming: are you out of work, sick, looking after someone full time etc. If you know whether your benefit is contributory or income based please tell us, as the rules for each type can be very different. If you're not currently claiming a benefit but are enquiring about what might be available in your circumstances, many of the questions listed here will still be relevant. Please also see the questions in the section below. If your query relates to non-receipt of a payment you expected, when did you expect the payment? If you have contacted the DWP or other paying agency regarding this, what explanation (if any) did they give? If your benefit has stopped because of an adverse outcome decision, have you requested a reconsideration or appeal? Examples of adverse outcome decisions: You are claiming ESA because you are sick. The DWP has determined that you are fit for work. You are claiming JSA because you are looking for work. The Jobcentre has decided that you are not doing enough to find work. You make a claim for a Personal Independence Payment because you have a disability that means you need extra assistance in getting around. The DWP has rejected your claim for benefit because it says your needs do not qualify; or the DWP has made you an award at a lower rate but you believe you should qualify for a higher one. Where do you live? We don't need your street address or hometown or anything like that. At the very least, please tell us whether you are in England, Wales, Scotland or Northern Ireland, as there are some small differences in the way benefits are processed. This is especially relevant if you are in Northern Ireland. If your question relates to Housing Benefit or Council Tax Benefit, it might be helpful if you felt able to say which council area you live in, but if you'd rather not, we fully understand. If you currently live outside the UK and are enquiring about benefits available to non-residents or to returning expats, please let us know. If you are not a UK citizen, please tell us your status. For example, are you a citizen of another EU country? Do you have Indefinite Leave to Remain? Or some other immigration status? Do you have a partner? This means someone (of the same or opposite sex) to whom you are married, or with whom you live as if you were married. If you do have a partner, does he or she work or have any other source of income? If you are worried about a fraud or compliance matter, have you been asked to attend an Interview Under Caution (IUC)? If this is the case you will have been informed in writing, and the letter should clearly state that it relates to an IUC. Finally, please tell us any steps you've already taken to resolve the problem: phone calls, letters you've written and so on. This will help make sure we don't advise you to do things you've already done. ------------- If you are enquiring about what benefits may be available, here are some additional questions: How old are you? Do you currently work? If so, how many hours per week? Have you worked and paid National Insurance Contributions (sometimes called "stamp") in the last few years? Do you own the place you live? If you rent, do you rent from the council, a housing association, or a private landlord? Is your landlord a close relative? Are you fit for work and looking for work? Are you unable to work because of illness or disability? Do you have savings over £6000? Over £16,000? Do you have any disabilities? Do you have any children? If so, how old are they? Are you a lone parent? Do you care for anyone for more than 35 hours per week? Does anyone care for you for more than 35 hours per week? Again, if you're unable or unwilling to answer all of these questions, that's fine. Just tell us as much as you can.

I notice from the reaction I received when I mentioned the basic procedure for processing criminal actions, that there seems to be confusion as to the procedures and terms involved. It is not really surprising as most of the matters discussed here are of a civil nature. But for those not familiar with the fundamentals, here is my take on it. Firstly all criminal proceedings must start in the magistrate’s court. I have read people saying that you can chose where to start an action on say a private prosecution, you cannot. There are two kinds of offences which can be considered at the MC, these are defined by their seriousness, and the maximum fine or term of commitment that can be imposed on conviction. These are: A “summary offence” and “indictable offence” A “summary offence” is for less serious criminal offences. The sentencing is limited to a far lower level than in more serious(indicatable) cases which are passed up to the Crown court An “indictable offence” can only be heard at the crown court, this is after the defendant has attended the magistrate’s court. The magistrates will remand or bail them to appear at the Crown Court after consideration of the case in question. These more serious offences such as theft rape or murder are generally heard by a jury. In addition to these there are also “each way” offences; this is where the action could fall into either of the two categories. On application to the magistrate, they will make the decision as to which court is most appropriate for the offence, and assign it to the relevant one. Most legislation which presents the possibility of criminal charges will also state the kind of action which may be taken. For instance in section 68 of the Tribunals Act schedule 12, the action which may be taken for obstructing an EA in the course of his duty, is prescribed as “on summary conviction”. 68(1)A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent. (2)A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse. (3)A person guilty of an offence under this paragraph is liable on summary conviction to— (a)imprisonment for a term not exceeding 51 weeks, or (b)a fine not exceeding level 4 on the standard scale, or ©both. Similarly the theft act of instance will say by indictment and the fraud act may say either way.

In order to keep the Bailiff forums a bit tidier it was decided to provide a new section where those who wish to discuss - provide information or press releases could do this. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?474-Bailiffs-and-Enforcement-Industry-General-discussions This will allow those new threads where people are asking for specific help, to be more visible. It will also make searching for information or discussion threads easier to locate. The new section is open to EVERYONE, even those visitors who are not registered. Links for those who are already subscribed will still work. We will also provide signposts in the CAG library for the new section. When posting in the new section, it would be beneficial to others to make it quite clear in the thread title or in the first post if this is to be a Discussion thread, inviting others to take part or if it is an Information thread which caggers should take note of and perhaps even follow for updates.

In order to keep the Bailiff forums a bit tidier it was decided to provide a new section where those who wish to discuss - provide information or press releases could do this. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?474-Bailiffs-and-Enforcement-Industry-General-discussions This will allow those new threads where people are asking for specific help, to be more visible. It will also make searching for information or discussion threads easier to locate. The new section is open to EVERYONE, even those visitors who are not registered. Links for those who are already subscribed will still work. We will also provide signposts in the CAG library for the new section. When posting in the new section, it would be beneficial to others to make it quite clear in the thread title or in the first post if this is to be a Discussion thread, inviting others to take part or if it is an Information thread which caggers should take note of and perhaps even follow for updates.

Is there any point sending in a Freedom of Information Act request to a DCA in order to find out how much my debt was bought for? I would like to know so that I can send in an appropriate Full and Final Settlement Offer. (I'm thinking 2k offer on an 8k debt) Also does either sending in a Freedom of Information Act request or a Full and Final Settlement offer cause the statute barred clock to be reset?

Hi, I made a SAR to a debt collection company for specific documents pertaining to a debt dating back to 2009. The debt has been passed to numerous companies in the preceding years. I specifically asked for: 1. Copy of the original signed, alleged credit agreement(s). 2. Any and all alleged Default Notices (DNs). 3. Any and all, signed and dated Notices of Assignment (NoA) between all parties, at any time. 4. Details of the recorded delivery of NoAs and DNs (iaw Law of Property Act 1925) 5. Disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention. 6. Provide any underwriting sheet or other document containing any commission payments relating to the above account. They have failed to provide items 3, 4 5 & 6. They dispute any requirement to provide item 4 and maintain they are only obliged under Data Protection Act (DPA) to provide information they hold and I should contact the original lender for outstanding documents. From the information they have provided the DN does not provide a specific date for resolution, stating ’14 days’. Additionally, the DN figure quoted is approximately £1,000 less than that currently being claimed. The debt collection company claim they purchased the debt at the higher amount and therefore this is the amount they are entitled to claim. They are contacting the original lender to explain why there is a discrepancy between the two figures. The debt collection company maintain that they have satisfied my SAR and that all disputes are resolved. Any advice?