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  1. Hi, I took a company to court and the day before the hearing their solicitor called and agreed a settlement sum. He then wrote to the court to say we had settled. The next day before the hearing we signed a consent order (myself and the third party solicitor). I went to the hearing and the judge put through an order as per the consent. The third party did not pay and despite chasing their solicitor he always said "I'm waiting further instructions". During the claim I did not speak or deal with any of the third party, only their solicitor. The company went into liquidation some 6 months later and I am not getting any payment (nothing left liquidator says). Can I sue the third party solicitor as he signed the consent order and I believed his client will pay? Solicitor says this was not an undertaking, just following instructions. Thanks.
  2. Hi. I'm sorry if this subject is in wrong section! I have received a letter from a bailiff company with regards to a debt which is currently in a repayment plan. The issue is, on the reverse of the letter is a letter to another of their debtors, including names, address and details of the debt they owe. Do I ignore it? Should I contact the people on the letter? Do I make a formal complaint to the bailff company? My worry is that if I have received someone else's details, then they could have received mine. Is this a breach of confidentiality? DPA? Thanks in advance for any responses
  3. Good afternoon Everybody, I've been reading some of the very helpful replies to posts but unfortunately acted before reading:| Not a great start/ idea:madgrin: as Ive just identified myself for liability purposes. Please could some one tell me if this method is still the best/ current way and if I have got a correct understanding of the process so far:?: I did not realise you should wait between 28-56 days for NTK and this would cost them:oops: waiting for the POPLA code which is run by BPA. Appealing to who ?????? with the POPLA code number. Are we talking about appealing direct to CPP or Parking On Private Land Appeals with the POPLA code:?: Please Clarify:???: I received a parking ticket stuck on my windscreen in the first week of October 2015 asking for £100.00 if paid withing 14 days £40.00 from Liberty Printers AR and RF Reddin trading as CPP (Car Parking Parnership) a third party parking provider for a local UK hospital and used this template letter below replying in the same week. I have used before in a similar situation for an Asda car park which proved extremely successful. If memory serves me right I believe I obtained the from either Get out of Debt Free or The Consumer Action Group forums. Many Thanks for whoever posted it in the first place:-) Unfortunately I mistakenly typed in the wrong notice number in error :-xCPP have sent me a letter back in the second week of October 2015 and rightly so have said in their reply that they are unable to locate the parking charge with the information I provided to them. They have requested for me to confirm the reference number and are asking for my vehicle registration number. Of course they have my address from the letter below and I have no problem with giving them the correct notice number but am unsure about giving my vehicle reg as I thought I maybe giving them more than what's needed? In addition they enclosed an standard letter please see attached stating about contract with driver, enforceability of the charge and rejection of invalid invoice. Quoting previous court cases of prosecution as these quoted legislations were not applicable on private land. I believe some sort of scare tactic to make you think you stood no chance and to frightening you in to paying them. I hope their attachments can be read to shed some light on their bullyboy claims and does anyone please have a more effective up to date letter that I can fire off for my second letter. Or do I continue to play ball this time round extending on my first letter with the right notice number. Did try to upload their standard letter but because I am Newbe:!: without 10 post under my belt I am unable to upload images or include any links. My Letter Sent:!:in week one of October 2015 Car Parking Partnership (CPP) PO Box 635, Chorley, PR6 6NJ Re: Notice Number XXXXXXXXXXX To whom it may concern, Firstly your so called notice is nothing but an attempt to frighten people into paying your invalid charges. The so called notice is not legally binding as no contract agreed or implied has been entered into. The Unfair Terms in Consumer Contracts Regulations 1999 5 (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. I would like to draw your attention to the following article and believe that as your company is a private company and is not associated with either the local council or police authority, your charge is invalid. (There was a hyperlink included to an appeal now .com) I have not and will never enter in to any contract agreed or implied with your company nor have I broken any law or statute. I have returned your notice clearly marked "No Contract Return To Sender" as I have no wish to enter into contract with your company. Further action on my part will incur charges which will be chargeable to your company. My charges will be invoiced at the following rates... Initial Charge of £250 then £150 each time I have to respond in relation to this matter. All legal expenses and costs will be charged in addition to the above charges. Pursuing this matter will trigger these charges and by doing so, your company agrees to these terms. I look forward to your response within 7 days. Regards
  4. Hi, I have searched the forums for a couple of hours trying to get my head around the next step to take in reference to my letter titled: "Notice of Allocation to the Small Claims Track (Hearing)". Copy of letter [ATTACH=CONFIG]59738[/ATTACH] The case is regarding a landlord who took close to 2,000GBP without a signed contract in place and refused to refund my money. I never received the room or anything in return. Question I have (Sorry if they seem obvious, I haven't been to court before and I have searched for a while trying to find the answers) 1) Is this called a "Court Bundle"? 2) Do I send EVERYTHING to Edmonton Court AND my landlord who is the defendant? (I actually send all my evidence to the defendant? Witness statements and everything?) 3) What is typically included in this scenario (Court bundle?)? Are there any templates online for any of these documents? 4) I have incurred extra fees leading up to the hearing, how do I add this to the amount of attempting to claim? Is it possible? I have so far... - I have two witness statements (They are kinda just letters stating what happened; signed by the witness, nothing special) - A copy of my bank statement and an event log (The event log is what happened in my own words with times and dates) - The original contract (It has been signed by me, but not my wife, who was the TO-BE dual tenant). This contract never changed hands back to the landlord. Should I bring it? - I opened an original MCOL claim after the landlord provided me with false information regarding his name and address. I was told I couldn't proceed and had to open a new MCOL with his correct information. I spent £80 on doing this and wasted a lot of time. Should I include this? - I also found a lot of information online regarding the landlord, very bad posts on forums of very questionable nature (Like ripping off the UK government and terrorism). Is it worth including anything like this? or just leave it alone? Sorry if this seems obvious to the training eye, but I hope the comments also help others in my situation. Thank you
  5. So Corbyn is going to address a rally by the left outside the tory conference hall in Manchester breaking an unwritten rule that the opposition don't interrupt a party conference. Yesterday lefty troublemakers were out in force I see with their Union banners, their calls of 'out out' and throwing eggs. How disgusting, they really have shown their mettle and mentality. Why shout out and democracy in the same breath, if they had got of their fat backsides last May and gone and voted they would have been in power now.
  6. A lady reversed into my parked car causing considerable damage to front bumper & near side wing. She apologized at the scene which a witness overheard. I went through my own insurer who put me in touch of Accident Management Company. My car was deemed a CAT C total loss. The accident report was submitted to the 3rd party insurance who 1 month later are unable to get in touch with their client. I am left with out a car or without liability being admitted. Where does that leave me ?? I was insured 3rd party fire & theft so my insurer has told me to contact accident management company, who in turn tell me they have nothing to do with it now as no hire car was given due to total loss. Please help I want to settle this asap because im buggered without a car
  7. Hello, I am after some advise please to help with my defence as to whether I can seek and obtain copies of any transactions relating to my load account with Lloyds prior to the sale to Cabot and if whether the sell price can be admissible in the balance I should be paying to Cabot as opposed to what they've put claim in for. Recently been served with a CCJ for defaulting on installment repayment for an unsecured loan I obtained from Lloyds TSB in 1994. The agreement of sale points to this taking place in Oct of 2012. I need advise also on how and if I qualify for PPI , as this can perhaps be what I can repay the outstanding amount owed. The loan was unsecured.
  8. Hi there need some help urgently, i have a debt for 6k which has been statute barred for the last 6months when i say statute barred, the last payment was september 2008, and the default date january 2008. the dca 1st credit, contacted me in september, i requested statement of account, and they left me alone.. after which i never heard nothing again. about 2 weeks ago, i started receiving phone calls which i ignored from them. today in the post i have received a letter from the original creditor who sold the debt to 1st credit, that back in 2008 they applied a charge to my account when they transferred the debt to another company. and that they were refunding this charge to my account , and also gave me a cheque for the same sum aswell, as a gesture of goodwill. they also state that they have contacted 1st credit to apply this to my account. im in dire straights now, because the original creditor has done this, surely 1st credit can argue because a payment has been received, that this debt is not statute barred? even though its been statute barred since the beginning of the year. has anyone got any experiences in this situation... ive worked so hard to get myself sorted, and now this happens..... i may be panicking for no reason, but it all seems very convenient that since receiving these phone calls a couple of weeks ago, this happens.. hope someone can give me some advice... thanks
  9. hi, i have been awarded a CCJ against a company and so far i have been unable to recover the money that is owed. A HCEO has been to the business and stated that they do not have sufficient materials in their offices to cover the debt. I have submitted a 3rd party debt order which has come back saying that there isnt any money in the company account to cover the debt. I am just wondering what if anything i can do next. Any help and advice would be most welcome.
  10. Hi, I'm posting on behalf of my sister. A few weeks ago she was parked in a supermarket carpark and was just about to open the door to exit. She had the door already ajar, while she gathered her handbag etc, before opening the door any further she looked over her shoulder and a car swung in wide into her space (at speed) and caught the side of her door (see picture attached). The chap at first admitted liability and apologised. Luckily my sister had the common sense to look otherwise she could of easily had her leg crushed. What we thought would be a open and shut case has now been going on for 3 months. My sisters insurance company are next to useless and keep saying she should claim on her policy and claim back later. My sister refused to do this. She said she wanted to claim direct from the third parties insurance. Today she receives an email stating the other party will not admit liability and she is liable for the full repair. We have supplied a number of pictures which clearly shows the point of impact, however the third party are now saying she swung her door open. I believe the pictures shows this is not the case as the damage would be on the inside of the door. We are now thinking about claiming via the small claims, would this be a route to follow?, perhaps this would persuade the other party to admit liability? She has legal cover, this hasn't been any use what so ever so far. Can anyone help with suggestions?
  11. I had a data exceed issue with Talkmobile .I use Bill Angel which flags up warnings but instead i got warning text from Talkmobile.When i phoned Talkmobile they told me that i should rely on Bill Angel it is far more accurate.I still got no Bill Angel warnings and then had data exceed on my bill .I told them therefore that Bill Angel was faulty.However, i got this reply -given that CPW own Talkmobile is it really third party app ? "The Bill Angel application does not belong to Talkmobile, this is Carphone Warehouse's application. Due to this being a third party app we're unable to take any responsibility for inaccurate information this may be providing you with."
  12. I received a letter from Major law solicitors a few days ago demanding for £2800. They say that they act for Nationwide & that they have been referred to a letter sent to me by ARC demanding for the money. They are threatening to issue county court proceedings unless i pay up . I've checked my credit report can't see this debt (although i think i have seen it on my report in previous yrs) but pretty sure that next month will be the 6th yr since i last made a payment on what was a nationwide credit card. I'd be grateful for some assistance as to how i respond to the letter. Thanks
  13. Hello, Before I jump in accusing the other solicitors I wonder if any of you had any advise on what act or code this would come under? I'll keep it brief. Ongoing personal injury claim, my own solicitor is excellent. Defendants solicitor has just taken 4 statements from managers at my ex employers. Which is fine however my concern is all 4 use very similar language but most worryingly they all include 3 facts about my personal life they were never told about, while you say this can't be proved. Several facts weren't know about till months after I parted company with these managers, never to have spoken to them again. A partner's redundancy didn't happen till 5 months after I left the company - so for all 4 do include the same personal info that simply couldn't be predicted when I knew them (they all claim I told them) I was unaware as these were future events. This to me shows that the defendants solicitors must've leaked several parts of my personal life personal data for their statements or have all 4 could've seen into the future at the time yeah right I left that job in the Feb of that year so was unaware of a future redundancy and relocation for my partner and I, they have a letter to prove this was later on in the year. I'm not happy at several parts of my personal life has been leaked - what can be done? Surely it's a breach under some act? The personal life info above and other personal stuff mentioned is not relevant to the ex-colleges.
  14. Hi all can anyone help please? My horrible neighbour submitted plans to build a HUGE extension in 2013. At the time I protested to the council, but it largely fell on deaf ears, although they agreed to reduce the outer wall by 6 inches! This year a party wall agreement was put in place and work began on 1st August. However, the very 1st night my guttering was ripped away and rain poured in. There were also dirty rivers of liquid streaming down the walls (that had just been painted) and other damage. The following day, we spoke to one of the builders who looked at the damage, admitted liability and agreed to replace the guttering first, then do the other repairs. We have not seen him since! Things are now much worse, our fence has been completely trashed and there is further damage to the property. The house is also covered in brick dust. The neighbour wont speak to us and has moved into a house his wife owns next door but one! We keep being told it will be put right at the end - but we are having to live with all the noise and stress of this and every day more damage seems to be occuring. What can we do? The surveyor said we have no proof of what the builder said and has virtually called us liars. He even suggested that we get the repairs done ourselves! Any advice would be welcome, thanks in advance.
  15. Hi I have had my home repossessed and on day of eviction tried to get my friend to pay the arrears off for me. company agreed to aceept this but when my friend called to make payment they wouldnt accept, what can i do ??
  16. Hello, I wonder if anyone can advise me. I had a CCJ against a debtor. I applied for a Third Party Debt Order against...a well known high street bank. The bank apparently told the court that there were no funds in the account, however, the court granted the order. I now have a Final Third Party Debt Order which states "The Third Party to pay the claimant (the judgment creditor) £[amount]". I have sent this to the bank who keep saying they have no obligation to pay as there was / is no money in the account. I have said this as may be but this is an issue for them to reclaim it from their customer; there is a valid court order stating they should pay. They have sent me another letter talking about their obligations in respect of an Interim Third Party Debt Order, but seem to have missed the point that this is a Final Order. My question is, can I enforce against the bank? I've never seen their letter to the court but they say they sent it. They also told me that there was no money in the account, so I suspect the court shouldn't have granted the order - nonetheless they did. The bank says if I try to enforce they will "draw the court's attention to my conduct when it comes to the issue of costs". Should I just ask for judgment to be entered against the bank? Any advice would be greatly appreciated! Thanks PB
  17. Hi, not sure whether this is in the right area.... My friend invested a third into purchasing a property with another couple. For a while they rented out the house and shared the income. The house was refurbished and put on the market for sale. The house sold with completion last month. She was hoping for her "share" this month, however the couple have stated that her money will only be available in April after his accounts has been finalized, income tax for the year. I assume he his self employed. From what she tells me, it seems she will be penalized for his tax deductions ? - which i find strange. He also stated that her name isn't on the deeds,being part of the reason he says?, however she has a signed declaration of any share. thanks, any advice grateful
  18. Hello – I hope this is the correct place to seek advice regarding a Party Wall dispute. Any help greatly appreciated! To cut a long story short, our neighbours recently employed a loft conversion company to build a dormer conversion. We expressed some concerns about the nature and timing of the work but they went ahead anyway, without a signed Party Wall Agreement (PWA) and without allowing the 2 months notice etc. Because we raised concerns, the builders decided that they would change the structure of the conversion so that there would be no need for the PWA (even though it had already been issued for us to sign). The building work began and shortly afterwards, after very heavy drilling and chiselling on the Party Wall, the builders drilled through the wall into our property. Apart from the drill hole and plaster damage, there are cracks extending from the drill hole and cracks in the wall and adjoining ceiling caused by their heavy hammering on the single skin wall. The builder has admitted liability for damaging our property but is now disputing the quotes we have provided for the repairs and repainting but he seems reluctant to go through his Public Liability insurers as we have requested. He now wants to enter our property to inspect the damage but we do not want him in our home. My question is: are we legally obliged to allow him access to our house? We would prefer to go through the insurance claim process with loss adjusters etc We don't want anything more to do with the builder himself. Many thanks!
  19. I'm currently helping a relative defend a case that was brought against her from a plumber who carried out sub-standard and unsafe works at her property. The Claimant is being represented by a Solicitor, The Defendant is litigant in person. The court proceedings are well on their way - hearing is scheduled later this month and both parties have now submitted their court bundles to the county court. To be fair things are fairly straight forward - the Claimant has openly admitted to failing to provide a notice of right to cancel (cooling off period) which should make the contract unenforceable anyway as per The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008, plus they are in serious breach of The Gas Safety (Installation and Use) Regulations 1998 which has been confirmed in writing from the local Building Control Department (they didn't inform the Gas Safe Register either!) Anyway, what I'm stuck with. In the Directions Questionnaire completed by the Claimant, it states they intend to rely on only one witness (himself) in court. However, upon receiving the Claimant's court bundle there are also an additional TWO unsigned witness statements (aka: a feeble character assassination attempt). Is the Claimant allowed to a) change the number of witnesses at this short notice and b) provide unsigned witness statements (with a view to getting them signed and sent to the court a few days before the hearing)?
  20. I have been contacted by my insurance company about the third claim that other party is taking and it says that if I don't take action with in few days then I am most likely to loose No Claim Bonus. information about the claim: The other party claiming that I reversed into third party car about six months ago in parking bay. but the actual situation was both were reversing and I stopped the car before even colliding, We both were in the middle of the road. I don't know what's third party claiming for? They probably have got the CCTV footage from shopping center, In this case how should I go step by step to avoid loosing my No Claim Bonus. I have only got a day to react any quick response will be very helpful. Thanks in advance. Regards!
  21. I purchased a pair of expensive noise cancelling headphones from a 3rd party via Amazon at the end of January 2012, delivered in February. About two days ago one of the headphones suddenly stopped playing while listening to music, in what seems to be an internal electrical fault (cracking sound, swapped cables same thing). The headphones came with a hard case, they have been treated with a lot of respect and never dropped which can be easily observed by looking at the product. I wrote to the seller through amazon and told them the problem is clearly a failure of the product and not a result of misuse, so I would like to assess my options of getting a replacement. They supported it has been over 6 months I am using the product and there is nothing they can do. They suggested to try asking amazon for a replacement. Now all this sounds rubbish to me. The product broke down after 6 months of use...well, I expect headphones to last a bit longer than that! Before contacting amazon I wanted to understand better their role as an intermediary and my rights with SOGA? Also, the manufacturer appears to offer two year warranty with their products in the EU. However I have had some bad experiences going directly to manufacturers before and want to see my options with the retailer first. What are my options here? thanks
  22. My insurance is £66 a month, because of a third party hitting me a few years ago, and having my car stolen twice. These incidents will fall off my insurance this year. Now my car has been damaged, outside my house and the petrol cover taken, and two big indents and scrapes along the left side. Also the electrics on the side window have stopped working. I cannot afford to change the car at all, and was wondering would it be worth putting this on my insurance for repairs, or would it put up my insurance too much.
  23. I dont know if this is the right forum but I hope some one can help. My employer was approached by a catalogue to feature their product range of shelving systems. The company offered them the chance to feature video "demonstrations" that would run under a minute and show potential buyers what they were getting. I freelance as a videographer, and regularly shot such clips for my employer out of work hours and was then paid via invoice. I was engaged to shoot the videos and delivered them and an invoice stating until paid for the videos remained my intellectual and physical property (as I had done with around 30 other clips) About two weeks later, my employer went bust and was bough by a third party and I was told I would not be paid as the work was for the original employer not the new buyer. The catalogue company was told that we would not advertise the new company with them. I got a better offer and left in May 2012 (some six weeks after the business went bust) I have discovered that the catalogue company has now reedited the product videos and is selling them to a number of resellers who display them on their own websites. The catalogue company has edited off the company name and my name at the end and added their own. I contacted the catalogue company and explained that the videos belonged to me not to the employer and provided dated electronic proof of the invoice stating the caveats and asked for them not to sell my videos (Two resellers have shown me proof that they paid £300 for the 9 videos to be part of their site). So far I have been told that the MD is unavailable, in Australia or not wishing to take my calls. He has ignored recorded letters and emails. I contacted FACT who said unless I subscribed they would not act and so I am considering taking the company to small claims court. What should I do ?
  24. Hi, This is a bit complicated but bear with me. I had a Co-op bank credit card for many years with a £500 limit. Whenever i used the card I always paid in full each time a statement arrived. I have for some years been on ESA. Last summer, due to being on £71 assessment for over a year awaiting an appeal i had to use my card for living expenses. I withdrew up to the £500 limit. I intended repaying the minimum payment each month by making a payment then withdrawing £10 for the following month. I realise the balance would not go down much but I would be making payments. However the card expired and they refused to send a new card. The insisted I repay them first. Is this legal? They entered into a contract to renew my card and operate my account. I needed a new card to be able to withdraw £10 each month to cover the minimum payment. By refusing to renew they effectively closed the account. Am I within my rights therefore to say they broke the contract and not pay them back? I lost my appeal and am living on limited savings so cannot repay them anyway. Also I moved abroad, outside the EU. Are they likely, or even able to pursue this debt in a foreign court? Surely it would cost them far more than £500 to do so. Any help or advice would be very welcome.
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