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Showing results for tags 'statement'.
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I am a defendant in a fast track case. I have the other parties documents I requested copies of from their disclosure by list. There are other docs I know of the existence of and want the other party to disclose them as I think they have left them out because they will hurt their case. I have written to them requesting these be disclosed but have not heard back or received supplemental disclosure of these docs. I don't expect to hear back as they refuse to communicate with me regarding this litigation. I am planning to apply for a Specific Disclosure order and cannot find much guidance online on how to go about this. I want them to disclose specific documents, rather than to do an additional search as I think these should have been found and disclosed within the search they already carried out. There are 11 docs in total I want them to disclose. Some of the docs are mentioned by them in emails they disclosed, some are police records they can get through a subject access request, they have disclosed the Crime Ref numbers of these incidents and referred to them in letters they disclosed. My questions are: 1. What do I put in the draft order? 2. What do I put in my supporting evidence/information to support the application? 3. How do I refer to the places that bought these documents existence to light? Many thanks -
Hi ive just popped in to ask a really quick question. I have a small claims court case coming up 3rd February, the letter from the court says both parties should send a witness statement by 14 days of the court date. What is the last date to send the court and the claimant this witness statement? Thanks for responding.
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Dear All, Hello. My disclosure is due today in my discrimination case. I am self-representing.I have done a word document with heading(claim information) and then I did a list of the documents just numbered 1-20. Can you please advise if this is sufficient or I need to do something more sophisticated (like the lawyers would)? Does anyone have a template perhaps? Thank you. Alesha
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Has the UK got the continuing-violations doctrine in its Laws. I was under probation with a company and I raised H & S issues. A lot of documented bullying occurred. My employment was later terminated and the director cited the contract I signed in which they have the right to terminate my contract without reason. Much later after the expiration of the time limit for the Tribunal I made a Subject Access Request. I discovered that my line manager has been telling lies about me all this time. And these are lies that are easily disputable (Like I was found sleeping while on that day I was over a 100miles away on training). In a personal review list done six months after I left the manager still wrote down a lot of easily disputable lies. Now if the UK has a continuing-violations doctrine or something similar, I will still be in time to take the case to the Tribunal. Please I would be grateful for any advice. Regards
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Hi everyone, I'm really hoping you can help me. My wife has recently informed me that she has received letters from the court, stating that she owes over £8k to Hoist portfolio holding 2 ltd. She has not had the capacity to deal with any post etc due to our third child being born a few weeks ago. First, a letter asking for a defence - not completed because she was not at our address up to the hearing date and did not see it until after the hearing. Second, a letter requesting statement of means. Not completed due to giving birth to our third child. It has been a stressful pregnancy. A lot more consuming than the other two. She just hasn't had the energy to deal with anything other than the baby. Third, we received a communication from the court with her name on the envelope, but someone else's documents inside from somewhere in Liverpool. Finally, it was transferred to our local court, who hand delivered a letter to my wife entitled Order for Production of Statement of Means. Now she has finally had time to think about the debt, I fear it is all too late to defend. She remembers having an account with Barclays, but does not recall a large debt. Is it at all possible to submit a request for information from Hoist, asking to see proof of the credit agreement? Should it be the original document? Is this all too late? My wife is a wreck already with the baby only weeks old. And I'm here tearing my hair out wondering how on earth it has got this far. I appreciate it is a real mess, but there have been exceptional circumstances happening when the dates and requests have been issued. The deadline for the order was this Friday gone, and I'm now concerned because the court is threatening a £250 fine and/or 14 days in prison. My wife doesn't know what to do. I wish I had this info sooner, but I now need some important advice as to how we can challenge this default judgment. And if that is even at all possible. She is thinking of just filling out the statement of means and sending it off. But I've said that's crazy if they can't prove ownership of the debt and that it legally exists. Many thanks. -
After one applies for jobseekers allowance, they are invited to their first appointment to sign their application. If there are topics that need to be expanded, or for example special circumstances that cannot be answered with a simple yes/no, can one attach a written statement to be sent to the decision makers? Thanks
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Hi, I have been paying off a British Gas account for the past 18 months. I've a dispute going on with regards the amount as they've billed me for an additional 6 months useage despite supplying meter readings when I left the property. They've acknowledged their error and I am currently waiting on resolution. Ialso issued them with a DSAR which has just gone over 40 days so the LBA is in the post today. The values on my Credit File in no way represent the true owed amounts nor have they registered the 18 months of payments I have made. It simply says I am 6 payments behind and have been that way for the past 2 years. Despite the bills being wrong I have no issue with regards me owing a sum to them hence arranging a payment plan however fo the past 18 months I have not received any statement of my account. Are they required to issue me a statement every 12 months to see the status of the account and the amount still owed? Any advice would be appreciated. -
Hi everyone, my car was caught by a mobile speed camera doing 35 in a 30, here is account audit trail showing time line 21.01.16 alleged offence took place 26.01.16 nip sent ( i didnt reply ) 17.02.16 reminder sent 23.02.16 letter received requesting photos 23.02.16 letter sent with photo images ( doesnt even show an outline of driver as lighting was poor ) 24.02.16 reminder sent ????? 02.03.16 driver info form returned completed ( with my name ) but stating unsure who was driving 07/03.16 letter sent to ME advising driver info form not acceptable and matter referred for court process as unsure of driver My main issue here apart from photo not showing driver ( i informed them that car was for sale at the time so could have been test driven , car did sell some weeks later ) The police officers statement ( which is clearly a template filled in on computer ) has a GLARING OMISSION , and i quote " The images reveal that on 21/01/2016 at 16:34 at INSERT LOCATION, motor vehicle blah blah " So the witness statement is unreliable surely, there's no way they can pull this guy in and he'll remember it, so i have a good case, right ? common sense suggests i do but i know they are a law unto themselves. Any feedback ? cheers -
Hi there I defaulted with a loan with Northern Rock (or NRAM) who then secured a charging order on my home on the 13/3/2007. (My name is the only name on the mortgage and for clarity no regular payments where instructed to be paid) Roll on to now and NRAM have sold the debt onto Marlin who are now hassling me for payments. I got a court letter through the other day which was a "substitution of claimant notice" which im assuming means Marlin now legally owns the debt completely. I've done a search on Trustline and no judgements are showing against me which im assuming is because over 6 yrs have passed Just need to know whats the way forward for me now and where i stand considering there is a charging order on my house and yet they want me to make payments ? Thank you Paul
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READ MORE HERE: https://www.gov.uk/government/news/royal-navy-statement-20-july-2016 -
RBS passing enforceable old debts to Westcot
Nomore Baloney posted a topic in Royal Bank of Scotland
My wife CCA'd the RBS regarding her credit card. They have sent back a copy of her application form (below) and a copy of a 7 page Credit Agreement. The copy of the credit agreement is unsigned (in fact there is nowhere on the agreement to sign) so I imagine if thats their best effort, the agreement is unenforcable. What do you think folks. -
Hi All, Lowell have approached me with an account for which I supposedly owe money. The alleged debt is from 2011 and is a Provident Home Credit loan for about £800. I lived at the address in question at the time, but I have no recollection of taking this loan. Lowell told me that payments were made onto the account for a few months and then stopped. I told them that I neither accept nor deny having taken the credit, and that I would like to see the a copy of the credit agreement and a statement of accounts to date. I told them that I would then be able to confirm whether this is something I have overlooked, or if it is indeed false/fraudulent. Lowell sent me a later saying: "Due to the amount of time that has passed, the credit agreement and statement of accounts are no longer available for this account." But they also go on to say that I still owe the money and still need to pay?! Where do I stand with this? Advice is much appreciated. Thanks! -
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For a very long time I have raised concerns on here about inaccurate information regarding the enforcement of Magistrate Court fines. The reason for my concern is because, unlike any other debts, (penalty charge notices, liability orders etc) the enforcement officer has the right under the warrant to 'force entry'. Yesterday, the Parliamentray Under-Secretary of State for Justice; Shaliest Vara, clarified the position regarding enforcement agents fees....the 'pro rata' distribution of payments.... and most importantly, how courts deal with direct payments (after a warrant has been past to the enforcement agency. A copy of his statement features in my second post. By way of background, the following is a copy of a post that I made earlier this month: In the past couple of weeks I have received reports of six cases where a locksmith had been used to enforce a debt for magistrate court fines after a debtor had relied upon misinformation on the internet and believed that paying the amount only of the court fine (minus bailiff fees) to the court (as opposed to the enforcement company) would mean that the warrant had been satisfied. In four cases, payment had been made to the court on receipt of the Notice of Enforcement (when bailiff fees of just £75 had been added). In the remaining two cases, payment had been made following an enforcement agent agent visit (fee of £235 had been applied) In each case, the person had relied upon the following statements featured on social media sites (with close links to the Freeman on the Land movement). The warrant for court fines only enables the enforcement of the "Sum Adjudged". Section 76 of the Magistrates courts Act 1980. Pay the fine online. That extinguishes the power to control of goods. The warrant only gives a power to take control of goods for the "sum adjudged". In each debtors case, after making payment to the Magistrates Court they had received notification from the court that their payment had been forwarded to the enforcement company so that the company could properly deduct their Compliance fee of £75 and apportion the balance on a pro rata basis in line with legislation. By following the inaccurate advice, each debtor had incurred substantial additional fees. In four cases, an enforcement fee of £235 had been added and in each case locksmith fee had also been applied. -
Hello there. I have been served an N1 claim form from a dodgy builder I sacked for substandard work. The Statement of truth has been filled in by an unknown party ( Name printed and signed) but they have not stated who they are. They are NOT the claimants solicitor as he doesn't have one. Neither Claimant ,Litigation friend or Legal representative has been selected from the options and neither has the name of firm or position held . It seems clear to me that the statement of truth is not binding and the form should not have proceeded through the court system with this error. I am in court this Wednesday the 20th April. The question is - Is this claim form legally binding . What is my legal position. Is the claim void in its current state. Thank you. -
What is the legislation/rule on issuing Annual Statements? and consequences of failure to issue??
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Hi, Hoping someone can explain what this may mean. Today my wife received a transaction summary statement from Santander for an old joint account but what we can't understand is she has been declared bankrupt since June15 and I've been on a TD since Dec14. The statement is on 2 sheets of A4 but it is in black and white and not the typical red we typically received in statements. It also shows the account to be in credit showing nothing other than an opening balance dated 10/15 and the net balance dated 04/16. Of course we'd love to think we had access to the few thousand pounds the balance states but we're presuming this isn't one of those "lucky windfall" moments lol. Any advice would be much appreciated. Many thanks.
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Hi All I have gone through the usual of wrting to Thomas Cook and being denied. Have just sent the LBA off and have started work on the court bundle. Can anyone help me with the particulars of claim or does anyone have one they have used? It was a package holiday and everything was wrong. No Assistance on flights, Inbound transfers driven by madmen, Dirty rooms, faulty showers, no air con, high pressure sales, dirty pools, stinking restaurant the list goes on and on and on. also the money used to pay for the holiday was from a recently deceased family member. This meant that we felt even more upset then we would normally. Help Peeps!!!!! -
Could someone please help me. I have drafted a very long defence, but would like to consider part 20 against Santander. please help defence due in 21/07/2015 4pm The is pertaining to an authorised overdraft disputed in 07/07/2008. Now Hoist have issued me with a claim
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Hi Malc, What is the cheapest tariff at EON, please? I find it so confusing... currently paying 13.25p per kWh plus 24.78 per day standing charge... My bills for a 2 bed bungalow are huge at £1,500 per year, despite having oil central heating. I am on means tested benefit and struggling. TB
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I got a judgement against a debtor. He is a conman and not paying me anything. Instead went on benefits hiding all of his assets. I tried to enforce order through different ways but did not get single penny. 4 years passed in the struggle. When I sent bailiffs he put an application to set judgement aside on very illogical reasons. After hearing his application was dismissed. I did not recover anything from him though. Now I sent him Statutory Demand Notice. He made exactly same application in the court to set Statutory Demand Notice Aside, as he did previously. What he is doing here: 1) Presenting same arguments which he presented previously to set judgement aside. He is not telling court that his same arguments were heard and dismissed previously. 2) He is lying that he is in process of setting judgement aside, as his application was dismissed a while back. 3) Also he is negating some facts in his statement, in contrary to what judgement order says. Now my question is, is he not interfering the course of justice by making false statement? What is way to make application for committal of contempt of court? Which application form should I use? Hearing is in near future on his application. He is just wasting free public money available to him, as he is not paying any court fees being on benefits. That is the main reason I think that on every step he put an application to drag me in the court on and on. Any expert advice please?
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Hi, My friend is on IS and HB. He has to go for a benefit review at job centre and take a recent bank statement. He does some online gambling and has money going in and out of his bank account from the gambling. Does anyone know if he'll get into trouble for this? Thanks
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Is it possible to access statements from 1985 / 1986
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Hi all, I'm being chased by Cabot / Marlin for an old credit card debt (originally an egg card). The amount is in excess of £3500 however I know for a fact that the debt is statue barred because I fell into arrears with all of my creditors in 2008/2009 after being made redundant and haven't made any payments since then. I had six credit cards back then with total debts of £30k+ and managed to get rid of five of them down the CCA route. One took me to court and eventually conceded on a technical point and two were eventually statute barred due to the time it took the DCAs to get their act together. All that remains is Cabot / Marlin. I sent them the standard statue barred template a few days ago and they responded two days later with a letter insisting that the account cannot be statute barred because the statement of account shows payments as recently as 2014. This is news to me because as I said I know that I haven't ever given them any money and haven't acknowledged any debts since 2008/2009. They included a "copy" of the statement account showing numerous payments from 2011 - 2014. This document has to be fake in an attempt to make it look like the debt is still active. The original account number doesn't match my original credit card and the opening balance is the same as the closing balance?! I'm wondering if anyone has any advice on how to proceed? My feeling is that I will need legal advice and take them to court to get this cleared off my record once and for all. Documents attached. Thanks in advance. davie_falkirk
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Disability discrimination claim. The Respondent is producing the bundle. I have sent them my index of documents with each document very efficiently named and dated for clarity, relevancy and easy navigation. The Respondent completely renamed all of my documents within the index to make themselves sound good and to make my documents difficult to find seem extremely confusing, sound irrelevant and also to contain repetitive document names for less clarity and greater confusion. Some of the names of documents they’ve renamed do not reflect the contents of the documents in any way whatsoever and even I can’t navigate between the documents due to misleading names in the index – it will be even worse for the judge who will not be as familiar with my documents as I am. The Respondent also changed some of the dates, merged separate unrelated documents to reduce impact and deliberately put them in an incorrect order, which does not accurately reflect events. For instance, if I quickly need to find my x-ray taken at A&E I would not be able to do so with the way they altered the bundle as the Respondent merged my x-ray with a different document and this particular x-ray is not even listed on the Index of documents. This is wrong. You would really have to hop around the bundle. Most important documents have been put to the back of the bundle, some have been removed. The Respondent went out of their way to make it impossible to get to my documents while left their own very well named and easy to navigate between. The Respondent even renamed documents to make themselves look good and the Claimant look bad. They even changed words like “Medicines” to “Drugs”. The Respondent totally skewed it. Is the Respondent allowed to rename the documents listed in the Index of Documents I submitted and make such changes for deliberate misrepresentation? Also, is the Respondent allowed to remove documents? The Respondent has missed the deadline for the bundle by several weeks now, added additional documents as to what was on their list of documents and also presented the bundle to me (Claimant) by email (in digital form). Can they do this? – The order says it has to be binded. Any advice would be greatly appreciated. Best regards x -
My first time using a forum ever, wish i had done this sooner .... ill try and explain best i can. had a Lloyds bank account roughly 5 years ago, changed bank accounts since and thought nothing of it. I then received a County Court Claim form on 28th April 2015 then a letter from Bryan Carter Solicitors on 29th april 2015 out of the blue saying i owe £270 The claim form states : Particulars of claim The claimants claim is for the sum of 181.10, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds. Under account reference XXXXXXXX and assigned to the claimant on 03/07/13, notice of which has been given the the defendant (Ive never received this) the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with (again not received) And the claimant claims 181.10 the claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 14.49 in brief i replied to the court and sent in a defence stating that i had never received the default notice nor any other correspondence before the claim form and that i had requested a copy of the credit agreement including the £1.00 payment but no reply . (i sent them recorded delivery and have the signature as proof they were received) They offered mediation to which i said yes but when i spoke to the mediation team it wasn't suitable as i had still not received a copy of the agreement i had requested for a second time. the last reply i got from bryan carter was on 17th july 2015: "we confirm we are taking further instruction from our client in regards to your request for documentation under the consumer credit act 1974 and we will revert back to you in due course. We confirm the production of these documents at a later date will rectify any earlier breaches." Then on the 11/8/2015 i received notice of allocation to the small claims track (hearing) My hearing is on the 16th October and i need to put in a witness statement 2 weeks before that... ... i dont know where to start with it? and also after reading a few other threads i think i should have asked for CPR 31.14 at the beginning but i didnt:| its really weighing heavy on my mind now and just want to get this statement in and let the court decide its not a very large amount i keep thinking i should just give in and pay (not that i have that to hand) but then i think why should i when i dont have any information about this debt??? any help would be so much appriciated!!!
