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  1. bit lost ive come to start dealing with my massive debt problems but dont know where to get started any tips would be helpful thanks
  2. My daughter's friend found an invoice by chance at home addressed to her from Littlewoods for items ordered from the catalogue. She discovered that her sister had opened an account in her name (her sister already had an account in her own name that she had defaulted on payment). She wrote to Littlewoods indicating what had happened. For a year she was passed around from department to department until this week she received a letter from Lowells indicating that as she knew the person involved it was not treated as fraud, it was a civil matter, and that the company would be chasing her for the debt. I cannot believe that this is the case and would appreciate any comments.
  3. Good afternoon, I am approaching the (new) date of my ET, the first date was cancelled just before the hearing due to the lack of a judge. However 3 day's before the cancelled hearing the respondent's solicitor added documents to the bundle, until then I was not aware of their existence or been provided with copies of them. This I have no doubt was an attempt to mislead the court and disadvantage me, as the documents were dated 2011 and were available to be included in the Bundle at it's inception last year. I believe he (the solicitor) is behaving in a way that appears to contravene the ET regulations by both not providing me with copies within a reasonable time and including documents in the bundle less than 7 days before hearing. Reading some of the info on this site, that is not uncommon .... I am obviously very naïve and certainly disappointed with his professional conduct but would like any advice on what I can 'sensibly' do about it and more importantly prevent it from happening again. I sadly do not think the ET are concerned about failure to comply with Orders, as the Respondent has failed to adhere to most deadlines without providing reason. Does anyone have any experience of what to do with solicitors who blatantly disregard judiciary orders? I'm sure it breaches their Code of Conduct etc. I have never attended an Employment Tribunal before and am unable to fund legal advice or representation which is why I am acting as Litigant in Person, I hope the Judge will be tolerant of this too. Thank you for any advice you can offer, it will be gratefully received.
  4. Hello, My phone was delivered to my address and signed for by the wrong person. I managed to get company to send me a new phone. It took more than 5 hours on the phone and research but they changed from "it is my (consumer) responsibility" to "we are very happy to deliver your phone tomorrow" in 1 second. The story is long, but worth a read if you are experiencing similar problems. Save yourself sometime, I wish I had more guidance and didn't have to find out by myself! I am not a lawyer and I am sure there are some things which the company could have argued back, but they chose not to. It worked for me. Good Luck! - Received text from UK mail advising my package will be delivered on Friday 5th July 2013 between 12:00 and 16:00. - Package was delivered after 17:00, beyond the period notified by the company, and signed for by “X”. - On 9th July I called EE and was informed my parcel was delivered to "X" but then returned to UK Mail. Give 7 to 10 days for the phone to turn up and call again. - Call Costumer Services on Friday 19th July. Case heard by “Y”. On my behalf, he fills in a disclaimer where I assure that although the mobile was signed for, I have not seen it or received it. He then reassures me a replacement will be sent after the investigation procedure takes place and the investigation team will contact me. - Call Costumer Services on Friday 26th July 2013 as my mobile phone has stopped working. I am informed my T-Mobile SIM card has stopped working (standard procedure) and I have to go to a store for a £10 replacement. - Contrary to that which was discussed with “Y”, I am the one that I should take action with the parcel company trace the mobile phone. - I have read EE’s terms and conditions and there was no provisions for delivery, nor there is an option for the costumer to choose a preferred courier service thus engaging with EE's preferred service provider. Their website only declares: § If UK Mail tries to deliver when no one's there to receive it, the driver will leave a card with details of how to re-arrange your delivery time. They’ll automatically try again on the next working day, after which the parcel will be held for a further five days before being returned to EE. You’ll need proof of ID to collect your delivery. - UK Mail Terms and conditions declare: § 8.3 For the avoidance of doubt, delivery to the Delivery Address (or alternative address) means we will deliver only to the postal address. We are not obliged to deliver Consignments to a particular part of a property or location within the property at the Delivery Address, or otherwise deliver personally to the Consignee and we are not liable in respect of any Consignment delivered to the Delivery Address, or any other address specified by you (or the Consignee), or a nearby address pursuant to clause - By delivering to “X” UK Mail have apparently fulfilled their contractual obligation to EE. This is pending further investigation of the Sale and Supply of Goods Act to Consumer Regulations 2002 and the Unfair Terms in Consumer Contracts Regulations 1999, which may cause UK Mail Terms to be invalid. - According to Section 5 of the 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. § (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term. § (3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract. § (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was. -As declared before, I was not offered a chance to negotiate the delivery of my mobile and was imposed a Third Party’s Terms and Conditions without an opportunity to negotiate them. -I have entered in a contract with EE, a mobile provider, not UK mail, a courier service. - The courier contract is between EE and UK Mail thus, EE should trace the parcel, not myself. - In my view, it is EE’s duty to provide me with the appropriate device to use their mobile services. - According to advice given by the Citizens Advice Bureau to others, EE is “in breach of contract and that (I should) demand that (you) provide you with the phone as agreed”. - According to EE’s Terms and Conditions, point 5.7. “We (EE) will not be liable to You if We cannot carry out Our duties or provide Services because of something beyond Our control.” - I believe the correct delivery of my mobile device was an action within your control as you should have assessed the courier’s T&C to determine whether they would assist you in fulfilling your contractual obligations with me. - UK Mail declare: “EE have not provided UK Mail with appropriate apartment number, hence UK Mail could not deliver parcel and delivered to any person on the address without the proof of ID required” - Concierge identified colleague as “X”. He signed received and kept delivery. The delivery did not have a flat number. It is against their company policy to accept and keep packages which are not clearly identified. - "X" made these terms clear to UK delivery man who said to keep the parcel for 24 hours and then send it back. - “X” returned parcel on Monday 8th of July at 11:00 to a UK Mail representative, who did not sign or provided any receipt. "X" did not witness the UK Mail representative scan the package. -EE Insist mobile was delivered to my address, even when it was incorrect. -Quoted: § Section 29 Sale of Goods Act 1979 4) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until the third person acknowledges to the buyer that he holds the goods on his behalf; but nothing in this section affects the operation of the issue or transfer of any document of title to goods. -EE failed to provide accurate address. Phone delivered on terms I did not expressly agree to and were not negotiated, under a standard contract between EE and a third party. This makes terms unfair as I was not made aware, and were not negotiated. Third party (UK Mail) is not acknowledging possession of handset as they declare delivery has taken place. -Third person, by signature, for UK Mail acknowledged possession but has returned package. -After long discussion and quoting my rights, EE magically arranges next delivery to be signed for by me. -Legislation is magic.
  5. Have been having problems with Bristow Sutor over two parking fines. Never received the necessary details from Cotswold DC and the matter was passed to Bristow Sutor. Again never received anything from them until a bailiff appeared at the door without notice. Did not let him in. He wanted £560.48 there and then. He asked about my car parked outside. I told him it was a Motability car. He then went away and two minutes later put a Notice of Seizure Goods and an Inventory of Goods Received through my letter box - and of course he put on the forms - my Motability car. He sped off. I have been following the various threads on here - very informative thank you, and did what was advised to other similar cases. I am considered a vulnerable person, I am on the highest level with DLA for both care and mobility on an indefinite basis. I suffer with a chronic disease and only came out of hospital 2 days before the bailiff visited, having undergone further heart surgery. I suffered a major heart attack last July and this has left me in a very poor state. And this is not helping. I did as was advised to other people on here and sent a letter to Bristow Sutor explaining my vulnerability and asked for the case to be returned to the council. Received an email back a few minutes ago saying they would not do that. I also copied my letter to Cotswold DC and they have received it and they say they have forwarded it to the relevant people. As you can imagine this is doing nothing to for my health at all and I am experiencing similar bad heart pains to my heart attack, although I don't think I am having one! The tickets were given to me when I parked in a safe place to visit the toilets, showing my disability badge and clock. I explained to the council why I parked where I did for 5 minutes at a time, I had only come out of hospital two days prior to this, my wife drove me for an afternoon out, I was not allowed to drive at that time. To spare you the nasty details, the medication I was taking meant I had to visit the toilets quite frequently. What can I do now do you think. Desperate Chris
  6. Hi - I came across this website and there is some great advice being given, so I was wondering if someone could assist me. I worked for 10+ years as a sales agent/fitter for/with a large UK provider in Ireland. My contract made it clear that I am a contractor, rather than employee. I have always lived in Ireland and all work I did for this company was in Ireland. They recently terminated my contract, as they indicated that I owed them €3,000 in amounts collected which i had not paid up. Five others also had their contracts terminated for the same reason. I was happy to stop working with them as they were quite unprofessional in many ways, but I contested that I owed this amount, as they had agreed to pay me a higher level of commission and also agreed to pay me for a training session I gave. I may however, owe them €500. I wrote to them explaining this and providing evidence of my claim and asked for an agreement on installments for the €500, but received no response. (The €500 I owed, was used by me to pay the expenses (travel etc) involved in doing my job and would have been taken out of my next pay packet, this was standard practice). Today I received a letter informing me that the matter is before an English Court. The company is seeking €3000 and I have 7 days to respond. Can I contest this jurisdiction from Ireland. If so, how does one go about doing this. I do not have the money to pay for a solicitor in the UK, or for flights to the UK. It seems very unfair that I can be sued in a country that I do not live in and did not work in, just because the company I worked for have their principal office there. Alternatively, should I just begin paying by installments the €500 I owe, but contest that I owe the rest in writting to the Court? Any help and/or advice would be appreciated.
  7. Judiciary publishes guide for litigants in person Friday 11 January 2013 by Jonathan Rayner The judicial office has today published a self-help guide for litigants in person presenting cases to the interim applications court. The 16-page guide, penned by High Court judge Mr Justice Foskett, takes litigants through each stage of the process, from giving notice and presenting documents to how to behave in court, apply for costs and seek permission to appeal. The interim applications court deals with short applications of an interim nature within existing or (sometimes) proposed proceedings in the Queen’s Bench Division of the High Court. It does not deal with family or matrimonial cases. The most commonly heard applications include applying for an injunction to prevent a former employee from abusing confidential information, setting up in competition or working for a rival employer; preventing travellers occupying a site in contravention of the planning laws; freezing orders to prevent the sale of property; and applying for the disclosure of specific documents. Queen’s Bench Division president Sir John Thomas says in his foreword to the guide that court procedures may present difficulties to people unfamiliar with them. He said: ‘Our hope is that (the guide) will help smooth the way for cases involving self-represented litigants in the interim application courts to be heard fairly and effectively by the judge in the allotted time. Jonathan Rayner Jonathan Rayner is a Gazette reporter covering employment, human rights, international, immigration, mental health, sole practitioners, money laundering, diversity and local government
  8. I have a friend who's son took out a payday loan with the money shop when he was 17. They are hassling him for the debt. Am I right in saying that they cannot enforce this even though he is now over 18?
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