Search the Community
Showing results for tags 'scotland'.
-
Copy and paste this post to your OWN THREAD: Answer the following questions using the details from the court claimform: name the issuing court: Who Is The Claimant: Who Are the Solicitors: What type of action? (Simple/Ordinary): What is the claim for – [type out ALL the text [minus pers details] [D1 BOX SPR FORM] or if Ordinary Cause look for the words which FOLLOWS [substantial connection with Scotland] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. date of raised claim [or court stamp date from writ or date from ] :- Last Date Of Service [look on form 07]:- Last Date For Response [look on form 07]:- What Documents are listed in Box E2:[or in your form requesting the same?] Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- BOX D4 what has the claimant stated: IN FULL Date of Agreement: – Reference Number: – is this the original creditors account number? (y/n) how many digits does it have? Unpaid balance: - BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] ….. from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? When was you last payment:- Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? What you need to do now. Copy and past the above on your own thread with your own answers attached. -
I have received a Letter Before Claim from Gladstones. This is in relation to a windscreen Parking Charge Notice from Euro Parking Services. 1 The date of infringement? 22/4/16 2 Have you yet appealed to the parking company yet? [Y/N?] NO, I HAVE TOTALLY IGNORED SO FAR. if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] YES what date is on it 10/6/16 REC'D 13/6/16 Did the NTK provide photographic evidence? YES 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? EURO PARKING SERVICES 6. where exactly [Carpark name and town] did you park? HOME BARGAINS, BATHGATE, EH48 2RA The PCN asks me to pay up or to provide them with the name and address of the driver, otherwise they "have the right to recover" from me. I didn't reply, but I wasn't driving. -
Having previously never been in trouble in my 54 years I got caught shoplifting in Dec 2016 and was given a fiscal fine in February 2017 which would stay on my record for 2 years. I cannot explain why though I did this again in ASDA in December 2018 (within the 2 years) stealing an SD card with a value of £11 which I didn’t need nor have used. This was seen on CCTV with the police identified me from my car number plate in the car park after which they asked me to attend the police station last week and charged me with the offence. They said as my fiscal fine was still within the 2 years they would have to refer it to the procurator fiscal. I have a good job earning over £50k per year and cannot explain why I did this the first time never mind the second. It beggars belief. My question though is what the likely penalty is. Can I get another fiscal fine or another alternative to prosecution as a conviction would likely end up with me losing my job as I require annual DBS checks -
Hello all, My daughter has a joint account with her ex that she wishes to have her name removed from but the Bank/Halifax are making it difficult. Her ex left earlier this year and moved back to Scotland and left her with debts and a load of other problems which she has slowly managed to get sorted. She had to give up her courier job to look after the two children(6 and 4 yrs) and so has had to claim IS. However, due to this joint account the IS people are making it difficult to get the benefit and this has been ongoing since March. After many calls to the IS they said she would have to make a new claim which she has now done so has to get around the Joint account problem. Noe the bank says there are only two ways she can get her name off the account and these are, 1] she has to go to Scotland and sign a joint application paper to have her name removed as both parties have to go to the bank and sign the same time. She really really does not want to do that, 2] The other way is to actually get him to close the account and has he is out to cause as many problems for her as he can the chances here are probably a big fat zero. So, is there anyway that she can get this account closed/ name removed other than what the bank has said. She really wants it closed as to protect herself from any debts he may run up. The other question is now she's made this new IS claim will they take it from the date of the claim or will they back date it to the start of the original claim. Any help/advice is appreciated -
Hello, I'm currently a registered carer looking to join a carer's organization. They do disclosure checks on the protection vulnerable scheme. I have a previous conviction against my ex on harassment they have allowed me to continue to work at present, they are considering to put me on an adults list. They have asked for more information. Its being considered by Scottish ministers. They have asked for references and letters from doctors that may help you get clear. Anyone been down this road advise on what else I should include? Thanks.
-
Military personnel in Scotland protected from tax hikes READ MORE HERE: https://www.gov.uk/government/news/military-personnel-in-scotland-protected-from-tax-hikes -
Haven't been on here in some time, so I hope I'm posting this in the right place! Background I left the UK for the US in October 1999, at which time I had several hundred pounds in Council Tax owing. Only thing that's been heard since was in 2004 when a DCA (I think it was BCW) wrote to me at my Daughter's address - I have an uncommon surname and I think they were chancing their arm. She wrote back to the effect that she had opened the letter in error, I wasn't resident there and never had been, and that she believed I had left the country several years previously. Fast forward to now: my wife is in poor health, and if she eventually passes, I'd consider coming home. I have a vague recollection that the usual "time limit" doesn't apply and Council Tax debt can be pursued for up to 20 years. Am I correct in this, and if so, when does the "clock" start? -
Hi I am looking for information held about me from social services before and after I was adopted. I was adopted in 2007 when I was 9. I was adopted along with my 2 brothers. I understand there may be implications for access to data relating to either of them. Is it as easy as sending a SAR's to the heads of childrens and families in the area I was from and the area I was adopted to i,e Inverclyde council and South lanarkshire council. Any help and advice is appreciated. Both my birth mother and adopted mother now have dementia so the option of asking either is no longer an option. Thanks NJ -
Hi folks, I know there are a couple of threads on similar topics, but this one is specifically about Scotland where rules may be different. I received a letter from sheriff's court demanding payment for 20+ parking tickets (almost £2500) issued in early 2015. These were for on street parking in Dundee city centre where I was living at the time. I didn't get any ticket on my car at the time, nor any correspondence in the post either at the time or at any stage over the past 3 years. They all occur over a 3 month period (March - May 2015), and I was still resident in Dundee until August 2015 so surely I should have received something? Where do I stand with a demand like this? Surely they would have had to send me some sort of correspondence over the past 3 years? What proof should I ask for that the alleged offence actually took place when they say it did? All they've sent me so far is a list of dates and a final demand. The car itself was written off in an accident in September 2016 so I no longer own it. Anyone got any suggestions? Thanks in advance -
Hey, Today I received a penalty charge notice from my local authority whilst parked on a marked bay with a single yellow line with a time restriction on it. (30 mins) The Ticket I have been issued causes me some issues and feel that there is key information missing from it. Would be grateful if anyone can assist. The ticket I have offers no details regards my rights to appeal. The only reference to appeal the ticket makes is that it is "not possible to pay the reduced charge and appeal against the Penalty charge notice."... Surely that can't be right? its well documented that upon appeal the 14 day reduced period should be suspended? The ticket also fails to detail the evidence ie the times between which they are claiming that I have been parked in the marked bay that would prove I was there beyond the 30 minutes. No doubt they will have taken timed photographs. the penalty charge notice has been issued under the RTA 1991. Is there any clear guidance that I can access that would state what information has to be on a penalty charge notice? I have a number of other issues with the signage of the road which I was parked on that I will be raising with them however I'm on firmer ground with that information. cheers for any help D -
Hi all, Well... this one has been going on for sometime, and there's definitely been some skullduggery going on. so I thought I'd ask for opinions on the matter. The issue concerns a £6K HSBC credit card debt and crosses borders! Around the time I went to university I opened a HSBC account along with a credit card (2003). This account was opened in England. Fast forward a few years to 2009 and I (like many) was a victim of the financial crisis and back home with Ma and Pa, now living in the Scottish Highlands. I managed to keep repayments up until early 2010 when it was no longer feasible and there was a £6k debt on the card. At this point I made a formal request for a true signed copy of my CCA. They couldn't provide it, or a reasonable explanation of where it had gone. At which point I placed the account in dispute and ceased payments. They ignored the fact it was in dispute and passed it onto DG Solicitors. I ignored all communications and they passed it onto MKDP around 2012/13. I contacted MKDP in July 2013 (letter attached) pointed out it was in dispute with HSBC and again requested my CCA (with a £1 postal order). They provided something of a reconstituted copy, but admitted they couldn't enforce the agreement. Carried on ignoring and it got passed onto Robinson Way. They admitted it was unenforceable and eventually asked for 10%, which I still ignored. Last year I moved back to England with the missus. I received a letter from Walker Love collections via the mail redirection. With most of my personal documents in storage in Scotland still I was thinking it was 5 years and statute barred (as per Scotland) so I put in a standard letter denying the debt. Walker Love have replied with a "Statement of account" showing I made a £1 payment in July 2013. This of course would have been the Postal Order I made at the time for the CCA. To be fair I guess that would count as acknowledging the debt anyway, but sneaky (skullduggery!!) all the same. I haven't made an actual payment since 2010. The account has now been placed on hold till 18th April 2018 to give me chance to respond. A few other points to note; My main current account is still registered to my parents address in Scotland and it is also where I'm registered to vote. I do have a joint account with the new missus and rent a house with her in England. Walker Love do not know I'm in England. The defaulted account has gone from my credit record and my score is quite good considering my past problems. I now work in the Merchant Navy and can be away for four months at a time. It could be the case that I am away when I need to take legal action etc etc. I'm still not a wealthy man and struggle to make ends meet. I'm not sure how the law relates to me, a debt is SB after 6 years in England, but 5 in Scotland. The account was opened in England, but I was resident in Scotland when the issues began. I could probably argue to being resident in either country at the moment. During moving and over the years I have misplaced some of the paperwork, but I do have some key bits. Scans attached. I am worried that Walker Love may try to escalate things with what I believe is the statute barred anniversary date of July 2018 approaching. Your opinions on what to do next please!!! scans.pdf
-
On applying my GP informed for all records it would be £50.00. I explained I didn’t need access to all, the problem I was trying to resolve occurred sometime between 2010-15. I was given a date for viewing, when I arrived there the GP had printed off letters in advance - 38 in total. 20 of these I already had – 2 were irrelevant and 2 was just my registration details. I said I would need to take them home and read them, she tried to convince me to stay and read them there – I stayed approx 30-45 mins. I did not view records online. A few days later I received an invoice for £50.00. I emailed the surgery asking for a breakdown of costs – This is what I was emailed back Preparing Notes 10.00 Photocopying of Notes 10.00 Doctor's time £30.00. The practice website reads - You have a right of access to your health records. A small fee may be charged to cover reproduction costs. I do not consider 50.00 a small fee In the meantime I have accessed other records relating to a hospital admission in 2015 – I went to view the records at the hospital and took away approx 50 photocopies – no charge I have emailed my surgery back and stated my case and am awaiting a reply. Can anyone share costs they have been charged – Thanks.
-
Defence Secretary reviews tax on Armed Forces in Scotland READ MORE HERE: https://www.gov.uk/government/news/defence-secretary-reviews-tax-on-armed-forces-in-scotland
-
Hello. I apparently have £12k Council Tax arrears. I recently got a Sheriff Officer hand delivered letter demanding payment within 14 days. The arrears start from 2002 until 2018. I have 4 questions. 1)If I was not living in the property, (housing association) during the time of the invoices, but still on the voters roll (and tenancy agreement), do I still owe these arrears? (I can prove I was living at another address for several years, under a separate Council Authority). 2) If I made myself bankrupt, can I include all of this 'debt' under it? 3) How can I stop any further action, pending a dispute/starting bankruptcy? 4) How do I quickly start bankruptcy (I have no other debts, not concerned regarding my credit rating, don't own anything, I currently work - earning around £1200 per month). Any other positive advice would be useful. Thanks in advance : -
Received a yellow PCN whilst in retail park 3/1/18. Yellow one from VCS. I was parked in the Disabled bay and in a rush. Placed my badge, not right down at the window, because I can't reach it to put it away. Saw the PCN, opened the car door and the badge was on the floor. Unfortunately I did say I was driving and sent copy blue badge. I have sent two letters to VCS and the one I got last week said I still had to pay and I could still pay the original amount of £60. This is stressing me out, sleepless nights, worrying and causing my asthma to flare up. Not good at writing letters. Help!!!! -
Hi everyone, I am about to make a claim against the above. I have received claim doc from BoS to fill and return within 14days. Does anyone have any experience of filling the form or claiming against them, so I do not make an error. They have sent me questionnaires for loans and credit cards Also, I have previously claimed bank charges from welcome finance and capital one some years ago. I have lost all the paperwork. Can I still claim PPI against them, and does anyone have their address or know how to make the claim. All advice is highly appreciated.many thanks -
Hi everyone was kind enough to help me before and i need advice again: Hi Help I hope some-one can advise me on the issue i am now having with my old yard owner who has changed the terms of the contract regarding our deposit. I could moan forever about the yard we have just moved from, but i won't we did have issues with overgazing, 1 bale between 6 large horses and 2 ponies metal sticking out of a mound on the field, baling twine and haylege wrappers all thorough mound all appearing as 1 horse keep routing through it to fine nettle roots and nearly all horses ended up with mud fever. Large nest of rats living under pallets where dungheap (apprx 13ft high) was Stables flooding 4 times and my friend had to replace all her bedding at her own expense. However it was the hay in the field that was crippling us financially. We already paid £130 D.I.Y livery we had to buy our own straw and haylege (which was fine) and then we shared a bale of hay in field this cost between 5 & 6.70 a bale and it started off every 4 days then it was every 3 days. I have a pony and the girl i moved with has a pony, the yard owner has a 17.3" and a 16.2". Guess who got chased from bale every day, we brought our in at night to ensure they had access to food and nets, again a catch 22 as our haylege costs increased. You hade to go about 3 mile on roads to find a hack and we handed our notice in and gave 5 weeks notice. My friends young horse broke a slat of the garden fence and we ppaid a fencer to come and fix this. The livery was paid to her parents and hay etc paid to the yard owner, we had paid a deposit when we arrived and as we were both really skint, i asked the yard owner if we could bet that on the 28th when we left. She said her mother had it and she would see her. The next day i received a text saying "Hello Yeah yous will get it back within 30 calender days of leaving as states in contract". We then realised she had never given us a copy of the contract, so we asked for this and she said she would send it asap. Yes, you guessed we had to get a copy from another livery and this is where it gets interesting. The contract reads "One Calender months deposit per animal must be paid on arrival at yard (or earler to secure a space), this will be reunded within one calender month of clients last day on yard subject to but not limited to the following conditions; provided all monies are up to date, no debts have been left at yard, no damage caused by client or anyone in connection with client, notice is given as per agreement or if yard is at risk of any loss or potential costs. Another part was: " This is a private yard not a commercial yard and will be ran as such (Simple yard rules will be posted in stable). Where do we stand and what do we do. We need the money and thankfully we are in an amazing yard where the farmer is more than happy to go the extra mile for his liveries. We are in Scotland.
-
Rent pressure zones READ MORE HERE: https://beta.gov.scot/policies/private-renting/rent-pressure-zones/ Please note this only affects 'Private Residential Tenancies' in Scotland Only Rent Pressure Zone Checker: https://www.mygov.scot/rent-pressure-zone-checker/
-
Hello, I just wondered if anyone has any advise. I will try keep this brief 1. I own a bedsit flat (inherited from mothers estate) and my brother is named as a life renter. 2. Brother had accident 3 years ago and is now brain damaged (I am his only relative) 3. Brother needs 24 hour care so cannot live in the flat 4. I rent out the flat through an agency and use the proceeds to pay for care to help him. 5. Flat was vacant for a 3 month period last year 6. I receive a debt collector letter (in my name) to my home address for the gas/elec costs of £94 7. I immediately contact SSE directly and they advise my name was given by the letting agent, they contacted them for meter readings and resent a revised bill for £55. 8. I pay immediately and ask them to set up a direct debit going forward so this situation doesn't happen again. 9. I check my credit report and they have registered a £94 default in my name which is stated as partially satisfied. 10. I called them to advise I paid in full and they updated their records to state default is satisfied £94. 11. the amount owed was never £94 it should be £55. 12. I googled legal owner of a property which says a life renter is the legal owner but its me that has suffered this. 13. I complained to SSE who responded 10 weeks later to say they will not remove nor alter the default figures. 14. I complain to Energy ombudsman who says that they have requested SSE apologise for the delay in responding to my complaint and they have asked them to update the default balance to say £55 and not £94. does anyone know what i can do with this? I only just managed to repair my credit file and now i have this -
New Private Residential Tenancy - Scotland Only https://beta.gov.scot/publications/scottish-government-model-private-residential-tenancy-agreement/ This come into force on 1st December 2017 and affects Tenancy Agreements from that date onwards only and will replace the Assured and Short Assured Tenancy Agreements for all new Tenancies. Changes will include: -- Longer notice periods, with tenants who have been in a property for more than six months receiving at least 84 day notice to leave, unless they are at fault -- Simpler notices, with a simpler notice to leave process -- The introduction of a model tenancy agreement which can be used by landlords to set up a tenancy -- No more fixed terms - private residential tenancies are open ended, meaning your landlord can't ask you to leave just because you've been in the property for 6 months as they can with a short assured tenancy. -- Rent increases - your rent can only be increased once every 12 months (with 3 months notice) and if you think the proposed increase is unfair you can refer it to a rent officer. These are just some of the new changes. If you had an Assured or Short Assured Tenancy Agreement before the 1st December 2017 then these Tenancy Agreements will continue until your landlord ends that tenancy agreement (using the correct procedure). (note if your Assured/Short Assured Tenancy is for renewal after the 1st December 2017 then you landlord will have to offer the new Private Residential Tenancy). Links of Interest: Scottish Government - Private Renting https://beta.gov.scot/policies/private-renting/private-tenancy-reform/ The Scottish Government Model Private Residential Tenancy Agreement http://www.gov.scot/Publications/2017/10/3669/2 Shelter Scotland - The New Private Residential Tenancy https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/the_private_residential_tenancy Housing and Property Chamber First-Tier Tribunal for Scotland https://www.housingandpropertychamber.scot/news/new-private-residential-tenancy
-
Hi, I have never used forums before, but I really need advice. I have been a private tenant in my home for 10 years, with very little contact with my landlady, the last time being over 2 years ago! Just last week I had a letter put through my letterbox from a downstairs neighbour telling me that he had purchased the property from my landlady, and she had asked him to be the point of contact between us, and he wants us to vacate the property by 09-12-17. We have not heard officially from our landlady concerning the sale of the property, and the letter from the neighbour is not through a solicitor. I would like to know if this is legal and above board. Please, any advice will be gratefully accepted. LGHS. -
I had a joint mortgage with my ex, and was left struggling with it after she decided to leave, stopped paying anything and refused any contact. Managed to keep it going for a bit but I was put on the SVR after our 3 year deal ended which doubled the payments, and of course because she wouldn't speak to me I couldn't resign to another fixed deal and get the payments back down so ultimately the property was reposessed in Sept 2011. The property was sold for much less than we'd paid, but the lender marked it as "settled" on my credit file and I heard no more for a year or so, when I received a letter to say £28000 was outstanding as a shortfall. Since then I've had one letter pretty much every other year just restating that there is a shortfall. This year however Enact have suddenly sent me a flurry of six letters in the last month demanding to know my situation. Is there anything at all I can do about this? I'm in Scotland. No contact with my ex so I don't know where she stands on it, or if she has gone bankrupt. The sum claimed hasn't changed so she hasn't made any payments. I have a young family now and really need this put to bed, but don't want to be in a cycle of paying them for years and years for something I no longer have, nor do i have a lump sum I could give them. What is the worst they could do here?
-
Hi, I received an Ordinary cause Claim a few weeks ago. I've been to court to hand in my Notice of Intention to Defend. I've now got to put my Defence in . Been reading a lot of cases on the forum and thought I would post as I don't want to make any mistakes. Any help or advice would be appreciated. Who Is The Claimant: Cabot Who Are the Solicitors: Nolans What type of action? (simple/Ordinary): Ordinary What is the claim for: 1. Jurisdiction 2. On 01/02/1997 the defender entered an agreement with Lloyds TSB Bank PLC under which the defender borrowed from them a sum of money repayable on demand. 3.The said agreement was an agreement regulated under the Consumer Credit Act 1974. 4.The defender failed to pay as agreed on demand and is in breach of contract with the said LLOYDS TSB BANK PLC. The said supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 01/08/2012 and the pursuers have advised the defender of same. 5.The last payment was made to account on 21/08/2012. The said sum of £6000 is the sum sued for. 6. The pursuers have made frequent requests to the defender to make payment of the said sum but the defender has refused or delayed to do so. Claim Received:- 31/07/2017 Notice of Intention to Defend:- 21/08/17 Defence in by:- 04/09/17 but I can only go to court by Friday 01/09/17 What Documents are listed in Box E2: Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Credit card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Notice of Assignment but I received letters from Cabot asking for payment. Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was your last payment:- 20/06/2012 Why did you cease payments:- Financial difficulty Was there a dispute with the original creditor that remains unresolved? Yes. The account defaulted 2007, I made reduced payments until 2012. I CCA'd Halifax in 2012 but they were unable to send me a copy of the agreement and since I was now struggling to make the reduced payments I put the account in dispute and stopped paying. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon ? Yes, made reduced payments negotiated through CAB -
Today I got a message from Payment Protection Scotland about payment of PPI and to pay their invoice. I will start with how everything started. Back in March I had filled in a form about claiming PPI with them and heard nothing back. 2 weeks ago I got a call from the Bank Of Scotland's internal PPI team asking me about PPI, what credit cards I had with them, when I got them, was I miss sold it or did I know etc and the man said thanks for everything, I'll let you know in 4 weeks what decision has been made, he said if any payment of PPI is due because I only paid it for one year, he told me that over the phone I only paid PPI for one year then it would be paid into my account and if not a letter would follow explaining why not. I don't check my bank account everyday I had no idea about this payment. I called the Bank of Scotland and they confirmed that the payment was made by them into my account for the PPI I am owed but they can't comment on any agreement made between me any other party. they want me to pay over £90 in fees and I don't know what to do. I don't know if the man at the Bank of Scotland phoning me was to do with them or if it's just their own internal team making phone calls to customers. I don't know what to think or do.
