Main .... https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules ORDINARY CAUSE RULES) 1993 https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/ordinary-cause-rules Small Claims Rules. https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/small-claim-rules Simple Procedure Rules https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules

Hi I received a PCN code and description 31 entering and stopping in box junction. I received 2 photos showing the back wheels of my car just inside the junction box and another with a vehicle infront of me. I appealed against this informing them that when i entered the box there was enough room for me to move forward without stopping in the box however the vehicle infront of me stopped due to the traffic lights turning red which made me to stop directly behind it with my back wheels just inside the box. I was not blocking any vehicle turning right. The car infront me had enough to move forward which would have avoided me to stop in the box but he choose not to. My appeal was rejected and i now received 4 photos showing images of my car. The first photo of my car not entering the box unit it was clear . The time was 13.10.15 . The second picture my car entering the box as the traffic was moving . The time was 13.10.26. The third picture showing my car stopped just inside the box . The time 13.10.35 this was when the traffic light turned red. The fourth picture my car moving forward leaving the box. The time 13.11.03. The letter stated that having considered my representation in accordance with the requirements of schedule 1 of the London Local Authority and Transport for London Act 2003 I should pay the charge or submit an appeal to the independent Adjudicator. Can anyone please advise. I know that i only stopped because of the lights turning red. I have attached the CCTV footage of what was sent to me. PNC Photo.pdf

My brother received a notifications of a charge from UKCPM. Going back a few months he went on holiday, during this period he parked for considerably under the time he paid for in a UKCPM car park. He wrote to them flatly denying that any "offence" has occurred. They have now written back informing him that his "appeal" has been turned down. He says this wasn't an appeal. It was a complete and utter rejection of the notion that there was ever anything to appeal about. This is the enquiry that I am making on his behalf. He, being a charitable sort, thinks he may have entered the wrong registration number in their machine. They say that it was his responsibility to ensure that he enter the correct vehicle registration number in the machine. Is this true? Or does his responsibility begin and end with paying for the amount of time he was parked? ("parking charge" legality notwithstanding) Which he did. Amply. As I was writing this it occurred to me that they will know when he entered the car park, they will know when he left the car park, as they will have photographic evidence. They will thusly know how long he was there. They will know how much money was accrued on that day, via what numbers, and it would be a simple matter for them to check if this tallies with my brother's version of events. But- did he have to put the right number in or is this BS on their part? Just so as to know on next replying.

There have been some interesting changes in relation to the Civil Procedure Rules 2016. I am very interested in Part 89 in particular. >> https://www.justice.gov.uk/courts/procedure-rules/civil/rules/art-89-attachment-of-earnings Are these changes going to be of use and can they be used for all attachment of earnings? Your thoughts please.... For the full changes see here >> https://www.justice.gov.uk/courts/procedure-rules/civil

Hi, is there a set procedure which Banks, building society's and investment Co are legally, duty, morally bound to follow, if an account holder/investor reports suspicious activity (Fraud) on their investment/account.? I ask as recently I reported a suspicious activity (Fraud) on an investment and was told it was transferred out to ( a person known to me) and "we will be investigating" I asked should I report it to the police and was told that was my right to report it to police but "we will investigate". I decided to report the fraud and contacted, Action Fraud. I explained money had been transferred out of an investment without my knowledge or authority by a person known to me. Action Fraud explained that it was the reasonability of the investment Co to investigate. and that I could not action any police investigation until investment Co had completed their investigation. I could only give details which would be filed away. I was in contact with the investment Co while they were investigating, and asked "Will the account of the recipient be frozen to prevent them removing/transferring money out, after a few replies that they could not give me those detail (Data Protection Act) I finally got one employee to confirm the account had been frozen. I have recently found out that while the investment Co were investigating, the account the money was transferred/deposited to was not frozen and now the money gone/spent. So my question : Once fraud reported, is there a procedure which Banks, building society's and investment Co need to follow in circumstances like mine to protect investors money from being lost/spent/transfered to other accounts by fraudsters, ?

Hello all. Pls i need help with an order for possession made against me by landlord. I have been messed about and it seems to me like i have been tricked into not responding to earlier claim for repossession of a flat i rent i have been renting this property for about 3yrs sometime last year i fell into a little arrear of less then a third of the monthly rent. i was immediately served a notice for repossession claim from the court issued by the landlord whom i've never met or spoken to in all my stay. I spoke to the managing agent about the claim and was assured that once i clear the arrears the claim will not be pursued further which i did. i have never held against given up possession of the property all i asked is to be given adequate notice so as to find another accomodation especially as there are children involved. i started getting calls from other agents about availability to view the property which i asked that any access to the property must be through the agent i got the flat through. i got even more calls from Auction house about public veiwing for the property which was a shock to me as the agents never told me about the house going on auction. tried as hard as i could to spk to the agents ,i could not get through to them. The next thing i knew was order for possession made by the court for me to give up possession by 7days. Eventually got through to agent at about the time i usually make monthly payments. When i asked about recent development all i got was apologies and that the owner have decided to sell. After highlighting the fact that i was never informed about selling and now have an order for possession expiring in 7days, the agents assures me there is an investor willing to purchase and keep me on as tenant. Only to now receive a second notice from court about the order for possession and on top of that to pay cost to claimant! what do i do? can i write to court about how i've been messed about? pls help as order expires today and from the erratic behaviour of claimant next step could be bailiffs!

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.

Me and my partner have been fighting Npower since the start of 2007 and it is still ongoing. When I met my partner 2 1/2 years ago she had a token meter and one day I went to put one of her tokens in to find that she had a debt on the meter of around £860 being taken at £3.02 a week. She was unaware that there was a debt that high on the meter and told me that it should have only been around £64 from when she changed from a credit to a token meter but thought it had been paid off through the meter a long time ago. We opened up a complaint well what a song and dance that has been. customer service have not been any help. one tells me one thing and they can do this and that while another says they can't. mid 2004 credit meter was changed to a token meter with a debt on an old bill found of £64. however once the complaint was opened Npower said they need to look at the meter e.g. take it out and put in a key one as they said old one maybe broken. We then find out the meter wasn't looked at and looking further into the account the debt is actually £1680 of which they can on the old meter only put a debt on of £999 as thats all it will allow on one go. this has gone on now since 2007 to the point we spoke to a manager on the phone for an hour and she said well you must owe it. Before speaking to her 1st April gets our quartly statement december 7 to march 10 bill was £1448.99 on the 3rd of april gets a letter saying that the debt of £1500 will be taken at £10 a week and added to the token key in a few days. We as manager why it has gone up £51 and she said it could be emergency credit. but it cant be right that from 10th march to april 3rd that it would be £51 She went onto say that a warrent of exacution was sent out to force a token meter in march 2006, however my partner phoned up june 2006 to ask why there was a warrent (this was logged on computer) when she already had a meter and they came march 2006 to change the something on the meter and gave her a new card. The manager said there was a new card around that time but we would have to send that old one back in to prove our case. partner said that the old card was sent back to them in 2006 as they requested in writing to send it back which they still do now because when we went onto this new key meter they wanted our old card sending back to them. She told us to put everything in writing explain everything and the back dated statements we had been asking for over the course of 2 years for 2004-2006 and mention this managers name so they know we spoke to her. Now the other day we were told we still owe the debt they are not looking into it anymore now and if we want the back dated statements from 2004-mid 2006 they are £35 each statement which would cost us around £350 Is this right can they actually charge £35 per statement I thought under the data protection act (subject access request) We are allowed for a small fee to have copies of whatever information companies hold on you for a fee of around £10?? She went onto say that they dont have to prove we owe the money we have to prove to them we dont how the hell can I do that when they wont release the information as we haven't got electric statements dating that far back. What Npower have tried to say is that we had a credit meter in from 2004-2006 and never paid them (hence the warrent of execution to force one in march 2006) although there was already on here. They haven't answered the question if we didn't pay electric for 2 years you would have cut us off.

All, This may help some folks if this is actually the company in question's process but I wanted to check first if it was above board or not. The scenario is 2 defaults from the same creditor, which were taken over by a 3rd party, however the earlier defaults were left on file and new ones added. 2 defaults for the same account. This has been sorted but it showed some quite interesting discrepancies. The accounts had the same start start date but different default dates and amounts. I put this to the original creditor and received the following response, with account numbers removed to protect the innocent: The MMF reported default gave default dates of 2 weeks after the NoD was issued and the balances reflected those on the default notices. Credit file reports 3 missed payments then account into default, which is interesting given that one account went into default status on 2nd September, showing 3 monthly payments missed, having been opened on 5th July, less than 2 months previously. I have a suspicion that this reporting process is a big no-no. I also have a suspicion that they register a default with the CRAs promptly for the amount on the default notice then change the details on said default when they sell it on. The technical guidance the ICO supply regarding report of defaults seems to bear this out. It's also fairly interesting to note that between 2nd September and 30th January isn't 180 days. It looks like this creditor plays extremely fast and loose with the reports they provide to CRAs. The 'reporting procedure' I've been given also appears to at very least not be followed. I have presented this to the main CRA, they previously asked this creditor if the data was correct which they have, of course, confirmed. I have supplied the additional information to them and suggested they should perhaps take proactive action given the creditor has told me that they, as a matter of procedure, don't follow proper process. I would welcome the thoughts of those more knowledgeable.

A friend has been taken to Court (County) the debt has been transferred up to the High Court for enforcement, the debt relates possibly to goods supplied IRO £2.2k plus fees now. Case heard and dealt with end of 02/15 the defendant did not defend or make representations, this shows up on their credit file (checked today) The first the defendant heard of this case was the notice of enforcement posted this afternoon The HCEO has attended the property and left a NoE through the letter box. The HCEO is ........ The original case was heard without being defended. CCJ by default. I have advised the following 1. Complete a N244/N245 and to do so straight away so he can have the Judgement set aside 2. There is a Motability (MB) vehicle on the drive with a blue badge on display + the handbook from MB 3. The defendant is in receipt of middle rate care and high rate mobility DLA 4. The person is often out of the home having appointments 5. The only person in the home is classed as vulnerable for enforcement purposes (the partner) serious MH issues, documented and letters available on the spot 6. The total amount of goods in the home WILL NOT COVER THE DEBT. 7. The defendant is recently disabled and has the DLA award letters to hand if needed. 8. The enforcement address is a council residence Have I missed out anything of importance if so let me know thx

Hi Guys, I have a flat that I bought on the RTB scheme. I received a letter on the 18th April 2015 from Barrow Borough Council regarding a Section 20 letter they sent to me, ( which I never received ). The letter also states that the 30 day notice period has ended. I have approached the Housing Department and I have been informed that I will not be able to return any written observations even though I didn't receive the letter in the first place, but they will send me a copy. I don't think this is fair, is there anything I can do?

Hi people I recently sent in a SAR to my previous Employer to see what information they held on me relating to an incident that happened at work. The request was sent to their Privacy and Data Protection Team, but looking at the information they sent me there appeared to be missing information (emails). Should the team deal with these requests covertly and not inform any parties that appear in the data held about me? Or is it procedure to inform any parties involved? They advised me that they need to inform parties to locate the information, but I suspect this information can be accessed through the Exchange Servers (email). Thanks

Hi everyone I just wanted a quick bit of advice. Blemain Finance issued a claim in 2012 and when the matter went to court and the judge was appalled that they were trying to gain possession of a property for such a small amount (1700) and refused to grant them possession. Instead the judge asked that I file a fully pleaded defence on or and that the claimant file and serve their reply. I filed the defence and in March 2013 I received a letter from the claimant's solicitors saying that they have been instructed to vacate the court proceedings. I called the court to find out why and they said because an agreement had been reached. No agreement between us has ever been reached. I have had a solicitor look over the loan agreement and she said that according to the terms therein, that I should pay £399.00 which I offered to them and they refused. I also received a letter from the court saying: "I can confirm that the court received a letter from the claimant requesting that they wish to withdraw all proceedings. This means that the case is now closed. Please note that you will have to seek legal advice if you are going to issue proceedings against the claimant". I received a further claim form for possession of property from Blemain Finance and I have to attend court soon. I now have to respond to this claim and wanted to know whether I could use the fact that they previously withdrew their case as part of my defence. I know from a previous post that Civil Procedure Rules 38.7 might come into effect. Could I possibly use this rule to help me in my defence also? I would really appreciate any advice you could give me.

Long story short - Apart from the company evading tax by telling staff they are paying a cash 'after tax' figure, none of the staff including my father ever received payslips. And the P45 he received indicated a lower amount than what I was paid. His new Manager was taking over, which was the owners son. He told my father to not come into work a few weeks ago, and would talk to him the following monday as he felt that my fathers heart wasn't in it anymore, and accused him at the same time of passing work over to another rival company. My father went in but recorded the conversation, and was told he was letting him go. The new manager felt that my Fathers heart wasn't with the company anymore, he had handed work over to another rival taxi company, and he was caught smoking inside the premises. - My father only ever phoned another firm to hand work over when he didn't have enough cars on a nightshift to cover the bookings he had. - My father did get caught smoking in the office, but everyone smokes including the drivers and two owners. He supposedly got a verbal warning for this. However, no written warnings were ever issued! Despite my Father being a Taxi Controller there for over 7 years, and a driver previously for 7 years - meaning nearly 15 years of service to the company. I have 3 main gripes: - No Payslips ever given. - P45 indicating less earned than what I was paid, suggesting possible tax evasion. - Unfair dismissal. I feel he was dismissed because he was infact one of the highest paid controllers, on nearly £100 a week more than others, and they wanted rid. However, they did not follow procedure. I was very rarely ill. Never had days off. And they sack me on the spot for pretty much no reason, with no verbal or written warnings!? Does anyone know where we stand with this? We have recordings of the conversations etc. Thanks in advance, Tony.

recently myself and my partner were in Poland and used our Barclays debit card to purchase flights back online. The bank then blocked the card, when the automated machine at the airport went to validate the card it wasn't valid, I have then spent a considerable time on that day trying to contact Barclays who constantly couldn't understand me and kept putting me from person to person, upon asking to be put through to my branch in Northern Ireland, I was told that Northern Ireland was a separate country and not part of the UK, when I said my local branch they told me no branches in Northern Ireland existed, having spent a considerable amount of time arguing they finally gave me a number to branch that "didn't exist". The branch informed me that the card was blocked and that I needed to call the fraud team to unlock the card, I rang them straight away to be placed on hold for close to 45 mins and the phone being cut off on 3 separate occasions. finally that day I rang the branch again, and they weren't able to lift the block themselves, and told me to try again tomorrow. As were denied check-in, and with no access to money from our debit card, we asked if they would increase our credit card, to which they said that wasn't possible from a non-UK number. we were left in Poland with no access to funds and very little money on us, we continued in vien for the next couple days to no avail, and finally concerned we had no way of paying a mounting hotel bill, my partner who is Polish, was compelled to take a loan for us to get home, in between this I contacted the complaints team, and gave them my Polish number to call and liase with me to resolve the matter, to which they spent 5 days trying to ring a UK number!!! I personally ended up in hospital with stress from all the drama, and having made a total of 11.5 hours worth of phone calls to Barclays from a Polish phone, contacted the branch again who said that we were to keep all the receipts from everything and bring them back and that Barclays would put us back in the position we would have been in had this not happened. This was also confirmed by the complaints team, and finally when we got home was told to head to my branch and take all evidence of everything with me to show the catalogue of catastrophes, and firstly they tell us the complaints handler they have assigned us is on annual leave, and no one knows when he's back, when we asked to speak to a manager, were told Managers' aren't here to talk to customers. From the branch appraisal of the situation we were out of pocket by 5117.49 including the loan and over 500.00 on phone calls. Finally it was upgraded to Level 2 in complaints and she was very helpful and listened to me and told me that they would get things sorted out as quick as possible. I explained that obviously we have bills to pay now and are so out of pocket I had to sell my Ipad, she agreed she understood the urgency and would take steps to resolve with me asap, finally today they ring back and tell me after the complaint has been in for over 4 weeks that as a gesture of goodwill we would like to credit your account with 300.00. I argued and said after everything that had happened this was unacceptable, and threatened to speak to the legal team, then she went on hold, and said well we could do 600.00. I then asked was this the final response to which I was told that it was a gesture of goodwill, and that in actual fact nothing had been investigated at all. After the offer of 600 I telephoned through to our local branch, who told me "they weren't surprised" as Barclays hate admitting they're wrong, and that I would have a long fight on my hands to my money back from them. And that owing to the amount we were down I should ask to be moved to Level 3 complaints for a decision, I upon recieving a further call from complaints told them I wished it escalated to Level 3, she asked me why? I asked the question after everything that had happened, would you accept 600.00?? she said no.. .Then I was asked what was the minimum I would accept..... We have banked with Barclays for a while, I feel totally abused by this "bank" it's dishonest practices and treating customers like dirts is unacceptable in todays unstable banking world. Would love some advice. T

I sent the following pm to jonni2bad at around 3p.m. on 1st August. **************************************************************** Hello. I made a couple of posts in the Jimmy Savile thread in the Bear Garden forum, with plenty of supporting material, and they have disappeared. I can see no reason why they were removed, I have had no explanation either, and request that you look into this for me. What site rules am I supposed to have broken exactly? I find it extremely concerning and worrying to be honest, as this is fundamentally about children. Much appreciated. Thank you. Renog. P.S. I am following the complaints procedure as laid out in the following link: http://www.consumeractiongroup.co.uk...iewing%29-nbsp However, I can see that jonni2bad hasn't been active for well over a year, so I am sending this pm to ******* as well. I know ******* is a fair mod and will no doubt advise me accordingly if jonni2bad isn't available. **************************************************************** I assume I was correct in assuming that jonni2bad isn't around at the moment? I have redacted the name of the other mod I sent the pm too. Anyhow, I didn't get any response from any mod whatsoever. I then followed up this pm with an email to the admin@cag email address at around 11p.m. on 5th August, I still have a copy in my 'sent' email folder, where I again raised the matter of my unreplied pm and fleshed out my main issue a little bit more. However, I still haven't had any response whatsoever. So, firstly, does the complaints procedure need to be amended? Secondly, can someone help me out with getting my issue looked into? I wasn't sure what else to do other than start a thread, no disrespect intended at all, as I did wait very patiently and I was getting nowhere. Much appreciated and I hope to hear back from someone soon. Thank you.

I am looking at starting grievance procedures at my work due to discrimination but just wanted some advice as to what discrimination is it and how strong my case is? I have been at the company 6 years now and have always worked flexible since starting (4 long days 7:30-6 in the office and on 5th day at home although still doing work on laptop etc but a lighter touch, contracted hours 35 hours full time and do 40 hours plus every week) I had 1 child when I started there (now 6) and have had 2 children whilst working there (4,1) I had maternity leave for both but only 3 months each. I feel due to my flexible working I am overlook for pay increases, fair comparable bonuses and promotions and here is why. When I started standard bonus % for the level I was at was 12.5% but I got them to agree to 15%. At the end of 1st year even though on same salary as colleague with 12.5% bonus we received the same bonus( my performance was rated 4 this year, higher than expected so no reason to receive same bonus as someone on a lower percentage than me) Following year when at salary review bonus time my boss informed me that I would receive 100% of my bonus entitlement but the amount he came out with was only 69% of my entitlement (I was on maternity leave for 3 months of the year previous that the bonus related to and he had incorrectly work out the deduction for this ) he also said I would not be getting a pay review as had received one the year previous. I complained about this but he said there was no further action I could take Following this he accidently (what a fool) cc'd me on an email to his boss saying that I wanted to see him as I was unhappy with my bonus calculation and that I failed to appreciate the benefit I get from flexible working compared to my peers and colleagues. When I confronted him about this (he was sweating) but said that flexible working is part of my benefit that others do not get and this needs to be taken into account as part of my package (I still work full time and consistently receive higher than average reviews) In February this year a promotion opportunity came up with another area of the business which I was basically doing a similar role in my current position so decided to go for it as my current role and package was below market value for the tasks and my skill set. I had an interview set up with the CFO for the new role and had to cancel the day before due to my 3 year old being taken in to hospital with an infection. Whilst I was rescheduling the interview with Hr they asked me, "this is a full time position is that an issue?" I replied "no as I currently work full time but I do work flexibly is that an issue?" They informed me (although this role was based between 2 locations splitting each week between the 2) that i would not be able to continue my flexible hours in this role. I emailed the CFO and said how I could make the flexible hours work that I consistently delivered in my current role (that was very similar) and recieved 4's in my yearly reviews and flexibility works both ways so can be available in evenings,weekends, Fridays when needed and I could deliver the role 125%. He replied 2 weeks later saying that they didn't need to interview me as they had found another candidate, and although my flexibility was an issue it was not the deciding factor. How can they say this when they didn't even interview me and I had an interview set up prior to them finding out about flexible hours? March this year salary review and bonus time. Received an overachieved objectives level 4 again but no salary review and only 87% of my bonus. Again my boss told me my flexible working is my benefit! Another promotion pop comes up in April and I go for it. I get down to final 2 against a lady who has the same role as me in the same dept currently ( but she is full time) our boss says to her whoever doesn't get the promotion does not need to worry as he will make this a win win situation so whoever gets left behind will not lose out. He will not replace the leaver instead he will increase level and package of role of person left making them his deputy. I didn't get the promotion but my boss just said to me let's see what happens in 6 months time and nothing will be done now! I believe it would have only been win win if the other candidate didn't get the role and stayed behind but the same does not go for me due to my flexible working. I have handed my notice in due to this as fed up of being overlooked even though I still work the same hours as everyone else and delivered above targets set for me

Anyone heard of this? I received a reply via my MP from the DWP's operational correspondence unit with regard to my ongoing complaint against Seetec, the letter ends with 'If Mr Osdset remains unhappy with any of the services provided by Seetec, he can use the strengthened complaints procedure that has been introduced for the Work Programme', no reference as to how to access this procedure though. I can't find anything much on the net.

Looking for clarification concerning how banks handle customer complaints. 1. Am I correct in believing that a bank has to acknowledge a complaint, in writing, within 5 working days, regardless of whether that complaint is made in writing or verbally (e.g. during a call to phone banking)? If so, where can I find the relevant regulation or code of practice? Looking about online I can only find reference to the bank having to investigate and respond to a complaint within 8 weeks.

ASKING FOR CONFIRMATION ON THIS AS IMPORTANT An ex colleague knocked on my door asking for help with a court claim he received from a DCA via MCOL First thing going through it was that the defence needed to be submitted the next day I did find out that he had taken advice through an internet forum and has written to the claimant (RECORDED DELIVERY) via a CPR 31.14 for the particulars mentioned in the POC I submitted a holding defence on non compliance of CPR 31,14 and requested to amend once the documents had been produced He then receives a letter from the claimant rejecting his holding defence, and that they are going to continue. 28 days later he has now received a "Directions questionnaire" My own thoughts are to attach a draft order for directions with the directions questionnaire requesting a strike out within 14 days if they do not comply with the order for disclosure. IS THE DIRECTION QUESTIONNAIRE APPLICABLE OR WILL IT BE A SEPARATE N244 APPLICATION (thinking of application fee) They have had over two months to obtain these documents which refer to an overdraft and a credit card (two separate claims , same date of issue) Comments please people

Hi guys 12 months ago my wife transferred 14750 to fund various repairs from her life assurance I wrote to pension credit to advice expecting a reduction of£9 week did not hear anything and due to my health problems forgot about it till I hasd a benefit check and was told I was getting too much money I contacted Pension Credit as advised who confirmed they had not received my letter coincidentally I was invited to an interview with a compliance officer who wished to discuss the same I showed him the letters etc only there 10 mins what happens next

Hi all, 6 month AST ended and we heard nothing about return of deposit for 2 weeks until i emailed agent to ask. They replied saying LL wanted to take deductions for some things. We asked exactly what those things were, and wrote a letter direct to LL saying if we didn't hear back we'd take legal action. Finally got a letter from him exactly 15 working days after tenancy ended. Deductions proposed are to cover damage which was already existing (we have pictures, and copy of the inventory we notated and sent to Agents detailing all this). They're even trying to claim for scuffs on a wooden floor which were indicated in their own inventory!! Plus one more thing which we don't have proof of, but certainly didn't do. They claim we damaged edge of carpet in a room and sent a picture (dated 5 days after tenancy ended) showing some short loose strands/ fraying. I'm slightly concerned they may even have set this up to frame us as it certainly didn't look like that when we left! His letter detailing deductions says what he wants to claim for, and how much, but there are no receipt or quotations?? Along with letter in post, we got a notice through DPS site that LL intended to make deductions and do we agree. We ticked no and sent it back. LL has now sent it back again, claming the deductions again. We have again ticked no we do not agree and sent it back. Today have sent a "letter before action" disputing each of the claims he makes and including a template I found on the net which covers things like LL can only claim for losses incurred, these must be accounted for, cannot use as a redecoration fund etc, and we require reply and cheque within 7 days or will proceed to court without further notice. I am wary of using the DPS arbitration/ dispute service as reading case studies it seems they often find party in favour of LL. It also seems a very faceless/ inhuman process, with little chance for us to show exactly how much LL is trying to rip us off. But I'm worried now we've rejected his claims twice on the site it will automatically go to their dispute service? I would rather go to court, even if it means paying. Apparently it will cost £70 to do this. I just wondered if anyone can let me know if I'm within the right time frame for all this and doing it in the right order? Additional points: Deposit was protected and we were notified Inventory was given to us to hand back to Agent at our leisure. They didn't show us around, attend check in, or do a check out We informed Agent of all the incorrect issues on inventory (things stated as clean when they weren't/ existing when they didn't etc) the day after moving in, by notating inventory, dating and initialling. We have copy of their fax report to show they received all this. Landlord wants to sell property - as he is claiming for costs towards replacing carpets and professional cleaning (not required in tenancy agreement) we're pretty sure he is aiming to use our deposit to do up his house to sell! We have nearly 100 pictures of property when we moved in, none from moving out unfortunately However we have 2 witnesses who helped us clean and move in/ out Deposit was over £1,000. To date they have kept all of it, even though the amount they are claiming is £450. It's now a month after we moved out and they still have our money Thank you in advance

Hi there, I hope you can help as I have been researching employment law and seem to have hit a dead end regarding my circumstances. I was sacked/dismissed on Monday out of the blue without any formal disciplinary process being followed (NOT gross misconduct) The facts: Employed for approx 9 months full time- 2 sick days in the time period. Excellent attendendance etc Initial 1 month trial - verbally told I had passed so was made permanent full time No written contract/job description given to me but Vat registered company with payslips etc Full time in the travel industry, office based with occasional international travel In the 9 months I was not given any performance reviews or advised/warned that the work I was doing was substandard etc and no warnings/disciplinaries of any form. All was going smoothly - or so I thought I returned from a weeks holiday on Monday to be told at the end of the day that 'We are going to have to let you go because you are not doing your job well enough and coping badly with your workload' and asked to leave and that I would be paid until the end of the month etc etc There are no other mitigating circumstances/underlying issues, I was simply 'let go' on the spot without warning/oppotunity to improve etc. Now I know if I was continuously employed for 2 years I would have a cast iron case for unfair dismissal but all the literature I can find on this states that if under 2 years - I cant make a claim for 'unfair' and nothing I read clearly states what I can/cant do if under 2 years service. My employers have clearly not followed ACAS CODE OF PRACTICE ON DISCIPLINARY/GRIEVANCE and from the CAB website I have found the following text If your employer takes disciplinary action or dismisses you from 6 April 2009 onwards, they should follow the procedures which are laid out in the Acas Code of Practice on disciplinary and grievance procedures. They don't have to follow these procedures. However, if you decide to take your employer to an employment tribunal and you win your case, your employer could be ordered to pay you more compensation if they don't have a good reason for not following the Code. But everytime I find a positive bit of law/advice like this I cross reference and find that because I had been employed for less than 2 years its not possible for me to claim. Consequently, I would be grateful of some advice from someone 'in the know' hopefully someone on the legal profession specializing in employment law to tell me exact;y where I stand as currently it appears that as long as I have been employed less than 2 years, an employer can chew me and spit me out at their leisure which is really REALLY frustrating! Thanks Rob

I'd be grateful if someone could confirm that I am taking the right approach in seeking removal of a default placed on my CR by British Gas. Back story: I moved into rented acc. in 07/09 and received welcome letters for both Gas and Electric acc with BG - I think the letting agency had informed them of my moving in - though bills were in my name. I physically moved out of the property in August 2010 - was advised by letting agency to leave forwarding address with them to close down utilites - (1st time renting -know now its my responsibility to let utility companies know the former). The letting agency did inform BG of my move and forwarding address but on 5 October 2010, and BG sent a final bill on 14/10 by which time I had moved from the forwarding address. It looks like BG have let the Gas acc go (£16 owing), but the electricity acc was defaulted in April 2011 for £157 - I immediately settled it, with a debt agency, upon discovery on my CR (March 2012) - the default is registered by BG. I have written to BG requesting to the see a default notice, but they are of course not CRA regulated. I was thereforefore thinking to set out the above and see if they will remove the default - maybe also quote something from the DPA.

Hope this is the right forum - CAG might like to know that the CPR are about to be changed. This is what came out of the Jackson review so there are a lot of changes. See http://www.legislation.gov.uk/uksi/2013/262/made. The changes take effect on 1 April 2013. The following struck me as the main changes: The small claims track threshold is going up from £5,000 to £10,000. A stricter approach to case management. There is provision for the court to contact the parties to monitor compliance with directions, so I guess the courts will be getting more proactive. A stricter approach to breach of court orders. The language around sanctions has been tightened. I suspect people who don't comply with court orders will soon be more likely to find that their claims get struck out. The AQ is being replaced by a "directions questionnaire". Don't know what this will look like but presumably it will be more detailed than what we have at the moment. When asking for permission to appoint an expert, you must give a costs estimate for that expert.