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Hi folks, So I'm in a bit of a complicated situation, I'll try to sum it up as briefly as possible. I guess I'm just curious what people think/advice/am I doing the right thing/anything else I could do? Last year I split up with my ex. I knew he had looked into some sort of tax credits scenario a few months before we split, however I never filled in any forms and never saw any money, thus thought no more of it. In June of this year I discovered he's been claiming joint couples working tax credits under both our names since last year. When phoning the HMRC about this they "fixed" their records, and proceeded to inform me that "overpayment letters" would likely be sent out. I told them I'd never received any money nor signed a form, nor knew he was doing this, they told me that I "must have" signed a form. I got C.A.B advice and did a Subject Access Request for the initial application forms (as I disputed the existence of a signature), and while waiting for these to arrive I asked a solicitor for help and also (on a particularly stressful day) phoned my ex and told him to get this sorted out. He said he would, unforunately he uh... doesn't believe in working. Seriously. I don't think he works at all. So I can't really see how he can pay this back, and if he can't, they'll still chase me, right? Even though I never got the money and work hard every week to pay my bills! The solicitor was skeptical about the lack of signature on the form, and I was even starting to doubt myself as to whether I had inadvertantly signed the form as the last few months of our relationship were pretty horrible/a bit of a haze of stress. Solicitor suggested he would send a letter to the HMRC explaining that I did not know about the claim, received no money, and for them to only chase my ex for the money. This letter was sent over a month ago, still no response for HMRC. The past two weeks - letters start flooding in. Firstly, the fruits of my Subject Access Request labour - a massive envelope containing, among other things, the initial application form. It is entirely filled out in my ex's handwriting, and there are NO SIGNATURES on it at all. Not his, nor mine. I can't see why these would be redacted (perhaps his, but why mine? Especially when I asked for it specifically?). Finally, this week I've received two "notices to pay" for overpayments to my ex totalling about £4500. They have been sent to him too (he's told me in an email he's dealing with it). I just don't trust that he will when he thought it was ok to do this in the first place, and also where is he getting £4500 from?? The deadline for re-paying this is in October! If he has no money/offers a tiny monthly repayment, they might still come after me? I've thought of phoning them to say "hey guys, no signature, why are you chasing me?" but I thought it best to wait and see what the solicitor thinks. So that's pretty much where it's at. I've told my solicitor about the S.A.R news and am waiting to hear from him... what a mess! Hope I'm approaching it the right way. -
today I arrived home to find a notice for my attention in the main foyer of my block of flats from the company who do my annual gas check service. They have turned off my gas supply at the meter because it is at risk as my appliances have been unserviced. My gas appliances were last checked in September last year (so ten months) and all was OK. I was told to expect to hear from them in August this year. They normally send out a letter a couple of weeks beforehand saying when they will be coming out. I have not had anything through the post. They usually stick a card in the main foyer if they have been out and were unable to gain access with details of how to get in touch. I have not seen a card saying they have been prior to today (not that I have been expecting one but I normally check the foyer most days just in case). As far as I am aware this was their first attempt. I have checked my meter and they have stuck a "do not use" sticker on it. A quick check suggests that I do indeed have no gas and no hot water (as that runs off the boiler). So my question is can they do this and where to go from here? I can't do anything tonight as they only work office hours but I am really annoyed. For all they know, I could be vulnerable or have small children. Any help would be much appreciated. -
Can a debt be passed to a DCA without a default ?
BobbiB posted a topic in Credit Reference Agencies
Hello, I am currently on a DMP and trying to clean up my credit file. I have plans to do CCA / SAR requests later as I need to establish current balances and total charges and interest but first things first I want to clean up my credit file. I currently have one account showing on my file as Arrangement to pay. I know they should have marked me as defaulted in line with ICO guidelines 6 months into my DMP but I have been told on the phone they don't need to follow ICO guidelines. I have now put in a written complaint and am waiting for a response. While waiting I have done a lot of research and am now thinking they might actually have breached the Consumer Credit Act as section 87 states that service of a default notice is necessary before the creditor can become entitled, by reason of any breach by the debtor of a regulated agreement (a) terminate the agreement. 5 years into my DMP the original creditor passed my debt to a collection agency who are have continued to record AP markers rather than default me. Am I right to believe that by law they should have defaulted me before passing the debt to a DCA ? Does it makes difference if they sold the debt or if the DCA are acting on behalf of the OC ? I am not sure which applies in my situation. If they have broke the law according to the CCA how do I go about rectifying this - do I need a solicitor and to take them to court ? Thanks for any advice as I can't find anything online about this just the CCA itself. -
Last week a PCN was issued to me in central London with a code 01 "Parked in a restricted street during prescribed hours" I was under the impression I was parked in a valid space and I was inside my car when the attendant was issueing a ticket, when I realised he was placing the ticket on the windscreen I then drove off and he was not able to take any photographs. When I have checked the PCN number online there are no photos whatsoever on the file. Is this ticket valid? Presumably they need photographic evidence that a parking offense was committed. Thank you. -
Dear Sir/Madam, I work in health care. While working I received a phone call from enforcement officer who had court order to seize my assets to recover debts. Now having said this, let me begin with this - never asked for any debts and nor have borrowed any money from banks. I still don't even own car or house. Fortunately no educational loan either. Following this initial shock and support from senior colleagues who understood my situation kindly offered to help and contacted the officer. Came to realise that there was overpayment from nhs in 2012 for which they had send notifications and orders to Old address which again is staff accomodation no longer lived since 2012. The court sent enforcement officer to seize my debt. Further to this, it was myself who contacted my employer in 2012 that they were paying me when I was not working any longer for them. I was waiting to pay them back. After 2012 , I had changed 4 addresses due to work and this organisation never bothered to ask me or obtain information. They seem to have been corresponding to old address and then sent notifications from the court to the same address and court sent bailiffs behind me. After all this they found me in some other address and called me with threatening messages to seize my assets ( dont have much ). Now in the eyes of the court I have to pay interest and court charges for no knowledge of what was happening with sudden bolt from blue. They have messed up my credit report and asking me to pay private solicitors because the stage is too late. I am lost for words here. Also type - 'Barts overpayment error' in google please ( it s not letting paste link here ) This trust is notorious for bullying and harassment of staff members ( please type Barts nhs bullying) - it affected my personal health too. My points are - I definetly owe this overpayment, I had decency and courtesy to tell them they overpaid and was waiting for them to contact me either by email instead of sending notifications to wrong address ( staff accomodation where they can physically check If I still lived or not and tried to send me notifications before Enf Officer embarassing presence and unnecessary tensions created in life for which I had to take leave resulting in thin staff in already overstretched nhs. -
If you're a lady driver, I would be very wary about using this company, as they have some serious computer issues that may leave you driving uninsured. I have just found out today that my wife has been driving our children around uninsured for 3 days because Esure lost her proof of no claims bonus on not just one, but two occasions. They claim they have written several letters that have mysteriously not arrived, and our first proof of no claims bonus we sent to them also mysteriously didn't arrive. I find it hard to believe that in 2015, so much post from/to one company can go missing, without it being an issue with the company themselves. I arrived home today to find out that they had just cancelled my wife's insurance policy without warning and refused to reinstate it, without me paying for a new policy via credit card over the phone. I was left with no other option but to purchase another policy, otherwise my wife would have been out driving our children home with no cover. I hate to think what would have happened if she had been in a crash and needed the insurance policy during this period.
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Hi, Little bit of info required as to hich way to proceed I received a letter before action - without predjudice save as to costs , yesterday, dated 27th may which i had 7 days to reply which has passed anyway the letter was from lyons davidson solicitors it says they are acting for LV in relation to the recovery of their claim incurred as a result of the above incident for which they hold me fully responsible says IMPORTANT NOTICE - under the terms of section 152 of road traffic act 1988 we hereby give you notice of our intention to commence court proceedings unless settleent is received within next 7 days they are trying to claim just under £1800 they go on to say just send a cheque for the full amount within next 7 days made payable to LV within 7 days of date of this letter, Please note the sum claimed is without prejudice to any further claim LV'S insurance may have against me The only thing i can think thhis is about is an incident which happened a few month ago - I contacted my insurance and heard nothing else - I had pulled up in my car and was about to get out, when i caught sight of a car coming round a blind bend I tried to pull my door shut again but the wind caught it and blew it open - the car didnt have time to stop (my opinion was going to fast) so swerved around me and side swiped the on coming car - no 1 was hurt and all give details - i spoke to my insurance and explained what had happened and and they agreed it wasn't my fault and heard nothing more about it until this letter arrived on my door mat yesterday any advice would be appreciated thanks -
Hi, I run a small hair salon. J ust over a year ago, I was approached about the possibility of having some advertising, the advert would be 1000 leaflets for my use, as well as leaflets being left under the seats at a local ice rink, and an advert put up on screen. This would last for 1 year. The adverts would be on a rolling advertisement, but guaranteed to be shown at least once during each event that was held there. I never went to the ice rink, but had faith that it would be done.. . having said that, over the course of a year I've had no custom from it. The leaflets all said to bring the leaflet with them, and the customer would receive a discount. I put it down as a lesson learned, and a failed attempt to advertise, and thought nothing of it. However, today I received a letter saying year 2 of my contract had started last month, and I now owe a full year payment (in full or installments) as I have agreed to a second year. I never did this. I have called them up, and was informed that I was given a second year because I did not cancel my contract in the first 9 months of year one and it was a rolling contract, minimal of two years, unless a cancellation was requested. Now, I would put this down to another lesson learned, and I should have read the small print, etc. when I took out the contract, I stated very firmly I did not want two years. I wanted one (which was an option they gave me), and I was told that 'Optional' would be written down for year 2, so I could choose to have it at the same rate if I wanted it. I signed the contract, after again confirming it was for 1 year and my request for it to be 1 year only meant it would not roll over. I set up a quarterly Direct Debit, and that was that. this request for payment seems to be unfair, because I was told it was 1 year and my request for 1 year counted as an immediate request for cancellation. I also find it strange (yet I'm also thankful) that it wasn't just taken from my bank, since they have my direct debit details. Why the request for me to send them the money? I've been in touch, it is legitimately from the same people. But it just seems odd to me. They've been very offish about it when I've contacted them, and basically told me tough as no request was made in that 9 month period. But as I was told, on signing in the first place, that it was accepted and no second year would come... why would I call and cancel again? What are my options here? should I have received a letter (in good grace) to remind me I needed to cancel, if they truly thought I'd not done already? If anyone could help, I would be most gracious -
Recently, I have been seeking a mortgage and have been to three mortgage brokers to get a mortgage quotation. Since receiving quotations I have selected a mortgage broker to act on my behalf, making my full credit report available to them, and also presenting all the required documents required for the application in principal. Before, I selected this broker, a previous mortgage advisor, has decided to obtain a mortgage in principal without formal consent from myself, which has had a negative impact on my credit report as he did not have access to it, and I have not given him my report as I had not selected him. Also the broker has not been presented with any of the supporting documents required by a lender. Could you please advise me of where I stand in this situation? Many thanks, M
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I have lived at my property as a tenant for a little over a year. My landlord lives abroad, I rent through an agency and they left all their property here incl their TV so getting rid of it is not an option. I never got a TV licence for this property in the time I have lived here. Automatically generated letters threatening various actions have arrived. I am used to these as I never owned a TV in my life but previously I didn't need one either, so had nothing to worry about. However now that I do, I am worried. I live on the 1st floor in a block of flats and I personally know my ground floor neighbours who have been to my flat and would recall seeing a tv here. It would seem even though I have never spoken to one nor would I ever open the door to one, a TV licence person has been regularly coming to visit my property for the past few days. This has been around 7pm so a bit out of normal working hours ( I haven't a clue what normal working hours are for them!). I cannot think of another person who would cause such harassment so I am certain it must be them. However they have never during these visits left a note/letter to say they've been and will be coming again. I am pretty sure after declining to open the door to them today that they went knocking on other doors (which didn't open) and finally were talking to people downstairs. I asked my ground floor neighbours but they never told me a thing in regard to who it was (just stated it wasn't them knocking earlier when I was having a bath) and I have never discussed TV licence business with them. I am worried whether I can get away without paying for a licence if getting rid of this TV is not an option. Would a confirmation from my neighbours be enough for them to get a court order without talking to me? Would them obtaining my name through some other source also be enough proof of my identity? Would I if I were to as a last resource go on their website and sign up for a licence TODAY using my original details get in trouble even more because now they'd know who I am and would probably wonder why the property was unlicensed for the amount of time it was, so I could be prosecuted? Please help!
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My Dad passed away recently. He died without leaving a will. He did not own any property, had no cash or assests. On his death he had a basic bank account which contained a few hundred pounds of Social Services, Direct payment money - ring-fenced to pay for his social care only. I contacted the bank and they were willing to administer and close down the account without the need to apply for a grant of administration. The money in this account has been repaid to social services and the account closed down. There are no assets - only personal possessions. The most valuable item is an MP3 player worth maybe £30. His funeral expenses have been divided out amongst the family. Unfortunately he left unpaid debts which he'd been making token payments on for a few years since he retired on health grounds. All of the debts in question are in his name only. I've been writing to his creditors with a copy of the death certificate and a simple letter explaining that the estate is insolvent. Today I've had a letter from a company called Assisted Probate Services. They've been instructed by their client - Experto Credite (who were handling one of my dad's debt on behalf of Barclays). The letter is asking for details of my father's executor with the aim of recovering the debt from his estate. I am wondering how to handle this letter. I am minded either to ignore it: it is addressed to the executor (technically as there is no Will, there is no nominated executor) or reply with a short letter explaining the circumstances. Another reason for writing to them is that I am assuming this company is associated with a debt collecting company and so might resort to their tactics like phone calls and threatening to call in person - so part of the letter would be to withdraw permission for them to call or visit. Alternatively is there anything else I should do? Thank you in advance.
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For the full story HERE -
@npowerhelp Reminders without Bills
Interceptor posted a topic in Utilities - Gas, Electricity, Water
Hi, I keep getting reminders for electricity bills that I never received in the first place from npower. I have paperless billing and can be sure that I have had no emails from them. I have spoken to them about this before but they say they have sent the bill. I'm going to change my supplier anyway, but wondered what the legal situation is. Do I have to pay a reminder for a bill I never received? Thanks -
Hi Guys Hoping someone will be able to help me with this Can my old employer give me P45 without first paying my outstanding salaries Regards Jan
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Bankruptcy stigma, advice of outstanding debts
Happyandcontent posted a topic in General Debt Issues
For a few years now I have been burying my head in the sand over my debts and have decided now I need to deal with them as they are looming over me like a dark cloud. My situation is: Housing: Tenant/rented accommodation Income: ESA/DLA I have been contemplating bankruptcy for a while but the stigma and shame is holding me back. I have a breakdown of my debts: Mortgage express-£64,000 (This is the main reason for this thread) Mail order-£1400 (no payment plan in place) Mobile phone-£209 (no payment plan) Credit cards Vanquis credit card-£195 (pay £1 pcm) Link financial (Barclaycard)-£1950 (pay £1 pcm) Tesco credit card-£2400 (pay £1 pcm) Egg (now Barclaycard)-£5100 (pay £1 pcm) Capital One-£451 (pay £1 pcm) I am thinking of writing to all my credit card companies and request they write off these debts where I have been paying £1 pcm to each of them for approx. 4 years now, what is the likelihood of them executing this request? I am thinking of the same action with the mobile phone debt and mail order. I cannot agree to a payment plan as I simply do not have any surplus income. If they refuse, do I set up a £1 token payment plan like the credit cards? With regards to the mortgage shortfall, this has been on my file for approx. 3.5 years and I haven't had the chance to dispute this amount (I had a buyer that the mortgage company refused to sell to as I would not sign an "acknowledgement" of the "£64k" alleged debt). If they had accepted the buyer, then this debt would have been approx. £18k, but they decided to proceed with the repossession (negative equity) and this resulted in this amount. They have written to me a handful of times over the last 3.5 years but no action via the court as yet. As I want to deal with my credit file, would it be wise to instigate communications with them so this can be settled via the court? -
Hi Guys, my partner has received a notice for her details from the police for an alleged "action" in a car park used by mums picking up kids from pre-school. it states the Application is for the drivers details for alledged driving dangerously, carelessly or without consideration for other persons, contrary to sections 2 and 3 of the road traffic act 1988. They want the details of the driver on the date of the incident before they say anything else about the alleged offence. Their form is leading as if you fill it out it confirms you were driving (2 months ago) but either of us rarely drive as we live within a 3 minute walk. even if my partner did, which she cant remember - what does this mean, what are our rights? Many Thanks in advance TSF Will this form -
Hello Everyone, My friend has her first work programme appointment on the 24th June 2013 and was unable to attend due to being very anxious, being sick and had panic attacks! I rang Ingeus and spoke to her Employment Advisor, he was busy when I rang so I left a message that is was important he call back because it was to do with my friend's appointment and that she was unable to attend that day! He did call back and I duly answered the phone call, I told him why my friend was unable to attend and if she can have another appointment date and that I will come with her, I've explained about her anxiety and panic attacks and also told him her advisor at the Job Centre knows of her circumstances as I've had to cancel an appointment she had with her job centre advisor before, I requested that my friend will need a private room as she will not cope being in a room full of people! All what we asked was granted and I also told Ingeus advisor to send me a letter to confirm my telephone conversation with him! Today a letter arrived there was no mention of speaking to me nor mentioned about requesting for a private room all the letter says! 'We have attempted to contact you by telephone but was unable to reach you. We have therefore arranged an appointment for you on such a date etc, etc. I couldn't believe what I was reading' Good job I wrote a letter confirming my telephone conversation with him on the 24th June and mentioned everything we spoke about, I've kept a copy of course and sent the letter to him! I need to write a letter to him about the letter I've received today not mentioning anything of our telephone conversations, my brain has gone pickled at the moment and I want to be careful how I write the letter! He has lied and also not stating the fact of out conversations has anyone come across this sort of problem with Ingeus it will be good to know about them a bit! Thanks helen
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Warning! Do not use these companies: AK Management (UK) Ltd and their other connected company, Money Essentials!!! This company contacted me saying that I had been accepted for a loan from one of their 'in house lenders', which does not exsist, all they do is e-mail you lists of loan providers and other brokers, which you can find off the internet yourself. However, today they took £89.00 from my account without my permission, for their loan broking service! I contacted my branch, who agreed that their service is appalling, but cannot claim the money back. However, they are looking into this companies service. What I need to know is how I can get this money back quickly? They are refusing to refund the money. -
This may be a little long winded, please bear with me. I am describing what is happening between my daughter and TV Licensing. She moved into shared student accommodation in 2013 in Exeter, on a road with many student houses, Victoria Street. They were doorstepped one evening, when my daughter was not present, told they don't have a license and needed to get one. A week later it was purchased. Fast forward several months (I don't recall the date but am in the process of finding out and documenting all this), and she receives, at her home address, a Notice of Enforcement for £340 for Use of a Television set without a license. This is the first letter received. I accompany her to a local magistrates court to perform a Statutory Declaration that she received no summons. On the clerks papers we can see that they had my daughter's student address incorrect, instead of Victoria Street it is Victoria Road. This explains why she has not received any letters to this point, and why she did not receive the summons. The clerk provides us with no papers with this information on. The Stat Dec is sent off, and my daughter calls the TV License people to explain the situation, saying please can you call off the hounds. They say no, you will have to explain in court. Fast forward again to December last year. Again at the home address she received a second Notice of Enforcement, for a different court case. Again she provides a statutory declaration. This time the court at which she provides the stat dec doesn't send it through correctly to the court issuing the warrant and they are insisting they cannot cancel the warrant - the fine stands. She is in her final year, extremely stressed by it all, cannot afford to pay the fine, and should not as she had a license. She has been to court twice, made in the region of 40 phone calls to the court and tv licensing, and seems to have no way out. She can't fight a summons that does not get sent to her. I'm trying to put together all the information to write to the Consumer Relations address to complain to TV Licensing but it seems rather a toothless approach. Anything else we can do?
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I have a joint Halifax account with my ex which is still open but not used. I have highlighted £100's of charges in my statements (mostly missed DDs), going back to 2006. Can I reclaim these without his consent? If awarded a claim I would lodge the cheque in this account. Also, we separated 2 years ago, have 4 kids , and £1,000s in debt in credit cards (paying an agreed £50 per month) , and unsecured loans (which are in my name). He contributes nothing to the upbringing of his kids, and I am left to pay the mortgage and insurance etc. do I state these reasons of "Financial hardship"on my claim letter, or just claim that I believe these charges were "disproportionate"? any advice welcome. -
The Citizens Advice Bureau (CAB) usually advises well, but they do make some really silly errors, this is just one of them, almost like opening your mouth without thinking. In there advice on buying a used cars, they say: I don't think any motorist would class a worn out clutch as a minor fault. Draft it up and get it proofread before publication CAB.
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My issue I received by post two Notice to Owner letters dated 11/11/2014 in different envelopes. These letter refer to the same office '27 Parked in a special enforcement area adjacent to footway, cycle track or verge lowered to meet the level of the carriage way. Both have a unique PCN number on them for a notice I have never seen or been aware of, nor handed to me in person nor left on my vehicle for me to find. Both refer to a contravention date and time, one 8/10/2014 at 10.52 PN11112536 and the other 8/10/2014 at 12.26 PN110-9538A for the same location, a local authority local road. Both request a payment within 28 days of £130. I can also make representation by post on a number of grounds should I think they apply. In addition on the same date 8/10/2014 I found my vehicle was missing from the roadside outside my home address where I can usually see it from my kitchen window and that it apparently had been impounded by the council. After I made some enquiries I found out where my vehicle was, that I had a dropped kerb offence which I had not noticed before, so I complied and paid £200 (removal fee)+£65 (parking fine) =total of £265 on the following day 9/10/2014 (within 24 hours) to the car compound in order I could get my vehicle back and park again outside my home address. At the time of paying this 3rd PCN and towing fine I was given a photocopy of another (3rd) PCN PN11095390 again that I had not previously seen, again dating the same offence, same date as two above two PCNs but time 8/10/2014 12.28. Apparently then removed by the council on 8/10/2014 at 12.33 to their car compound. My questions are 1 Do I have any grounds to see representation for all three PCNs for this same offence, on the same date, on the same location, by the same council, where my vehicle had not been moved, until the council removed it at 8/10/2014 at 12.33. Note I have already filled in a representation form to Warrington in Cheshire for PN 11095390 that I was made aware of on 8/10/2014 at the car compound. 2 Is it normal for a council to issue Notice to Owners letters to car owners without serving a PCN to them, and is this legal in the case of the ' 27' offence, in my case in question, parked near to dropped kerb but some 1 1/2 feet away from it on the carriageway. 3 Should I seek representation on the grounds that 'The penalty charge exceeded the amount applicable in the circumstances. In this case I have already paid £65 for the PN11095390 for time 8/10/2014 12.28, so should I be also need to pay two more fines as well for PN11112526 for a time 8/10/2014 10.52 and PN1109538A for a time 8/10/2014 12.26.? On balance these fines seem very excessive and costly and I think all 3 PCNs, (none that were ever handed to me or ever left on my vehicle), belong to the same single incident and span only 34 minutes apart. Note I have already raised a formal complaint to the council 'Major' as an email titled ' excessive parking fines' with reference to -over eager traffic wardens, -a lack of parking spaces due to daily commuters taking up all the parking spaces so that residents can not park correctly, -the fact my car was in need of attention due to engine / starting problems, -the fact I was engaged at the time in a household 'leaking gas' national grid emergency repair and could not be called away immediately from my home, -a lack of residents only parking zone unlike adjacent areas nearby, -a question about the 3 minute rule being ignored judging by when my car was removed (12.33) on PN 10095390 (12.28) -No opportunity to pay at a reduced cost. - a question whether these computer generated NTO letters were not an error. (when I go into council site no photo graphs are available at all for the PN in question, so I wonder if there was every any evidence taken at the time by the traffic warden wandering my council estate?) The recipient being the Major for the area then notified me that the council were looking into my complaint. I also noticed the other day out of my kitchen window a owned council truck parked directly across the same dropped kerb outside my home. So I took two photos of it and sent them to the council worker who had replied to me, making the point How come Council worker can park across the same dropped kerb,- a sort of hypocrisy going on. Can I ask for some degree of leniency in this case, or do I simply have to pay up for the other two at a cost of £260? Any advice would be most welcome on where I legally stand and whether I have any ground for representation at all?. -
Hi, I have done some research and have previously reclaimed charges and PPI i just wanted to confirm with others the process should follow. I wanted to avoid admitting tyne debt as 2 are just 12 months from being statute barred, so can i address letters "without predjudice"??? so as to not restart the period for the debts becoming statute barred? And any tips anyone may have for settling debts at a reduced rate. So my process i am think i should follow: 1 write to CRA(experian, equiFax) to find any company claiming debt 2 write to companies asking for true original of credit agreement 3 if provided Agreement, make offer of 10p per pound for Full and final settlement including marking debt as settled in full. 4 await letter confirming settlement 5 pay debts. I do worry about making these debts enforceable for the next 6 years by doing this so is there anything i can do to mitigate this risk? thank you in advance nak -
Good evening. In a two-year small claims case (yes - two years!) it looks like things are finally heading to trial*. I am the defendant/counter-claimant and litigant-in-person. Other party also representing themselves. I have just exchanged documents with the other side. On reading their witness statements, I find that one of the statements makes explicit reference to previous settlement offers from us that were clearly marked 'without prejudice'. The figures cited are figures that were presented, but are used to misrepresent the actual offers/counteroffers dialogue (to make me sound unreasonable), without copies of the actual letters included. Question: can I ask the judge to dismiss this witness statement as inadmissible? Alternatively, can I choose to agree to having the 'without prejudice' letters admitted - but ALL of them including the other side's (although none have been included in the exchange documents)? This latter option would make it quite easy to show that the other side is unreasonable. Also, given that the claimant has effectively disclosed in a witness statement that they have offered to settle by paying me, does this imply they have 'dropped their claim'? Can they still go to court on their original premise, namely that I should pay them the outstanding part of their bill? Two other questions: Two of the statements share about 60% of the wording - word for word. As witnesses are meant to write statements 'in their own words', is this grounds for dismissing the statements? Also the witness statements provided by the other side are unreferenced (i.e. allegations without referring directly to related documents, such as quotes, e-mails, product data sheets, etc - although these, with the exception of the 'without prejudice' letters, are included in the exchanged documents, connection to the witness statement is not shown). How would a judge treat a statement that isn't referencing the relevant information? I have looked everywhere online for information specific to the main query, but I can't find anything that explains what I need to know. Can anyone advise me, ideally with reference to relevant law info that I could cite if necessary? Thank you so much. Sue *Details, in case anyone wants to know: the case concerns withholding final 10% of a bill - for faulty windows/fitting. Then being sued by joinery company, and counterclaiming. JOINT Expert report, commissioned a year into the case after pressure on claimants by a judge, found that the company owes me money, not the other way around, due to the nature of the defects - 6-10 times the amount they sued for. Judge at the last hearing pointedly advised parties to find a way to settle out of court. Claimants refused any reasonable offers of settlement (under 50% of max total expert estimate) and made what I consider silly offers (roughly 10% of joint expert's estimate). So far no joinery company I asked has been willing to take on the mess I have been left with, so I think the windows will need replacing - which will cost more than small claims maximum. -
I purchased a car back in 2007 with money barn for £16k. I placed a 3k deposit and a payment of £399 per month. I was taken ill and fell in arrears. To my shock they repo the car without a court order. 6 years have elapsed, I have now been contacted by a company called Shoosmiths solicitors outlining they are now the legal representative of Money barn. I now have another CCJ and have been ordered to court to answer financial questions under oath. If I do not attend, It clearly states i will be done for contempt of court. Since I have moved around, I have never seen the original CCJ, And are now in fear of Losing every thing due to illness. Could any one advise please
