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  1. i recently requested a SAR on my lloyds tsb accounts as i needed info on the valuation that was carried out on my home in order to give security for a loan. i have received a copy of the file which included a copy of the valuation, but even though it refers to an instruction letter from the bank to the valuer, the instruction letter is not in the file. it is not even attached to the valuer's report even though in his report he comments 'instruction letter of xxx 2004 attached appendix A' is there anything more i can do to fro lloyds to disclose the instruction letter?
  2. I am up to my eyes on another legal thread on here. I am having so many problems with uploading my documents from pond **** in the pdf format, edited. I have a wireless printer than I can scan to my laptop. If I scan them in pdf format, I can't edit them. If I scan in jpg format, I can then use 'Paint' to painstakingly edit out personal info using the 'fill' tool but then can't save it as a pdf file. I am stoney broke and all the editing softwares want paying up front. Am I just being elderly
  3. I owe one of my creditors £32000, (more than half of this is their solicitors costs) after speaking with Business Debtline and preparing a budget I offered them £440 per month. They got a order for me to attend court for questioning. I went to the court with the documents requested which were statments for all bank accounts, HMRC returns etc. Their solicitor was there and asked me questions regarding my income, (although they hadn't listed their questions before hand) After court the solicitor wrote and asked me to supply my bank staments since 2017, I replied they have seen all my current financial position and ability to pay. They have written back today to say they are trying to deal with this amicably and if I dont send through what they want they will get a court order and those further costs will be added on to my debt. Can they get a court order to see that far back?
  4. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult.
  5. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult. please answer here: https://www.consumeractiongroup.co.uk/forum/showthread.php?489232-Multiple-signatures-on-tenancy-deed-of-transfer-can-they-be-on-different-documents-and-by-email
  6. Today I received a large pile of documents from Prestige Finance, with whom I have a second mortgage. I have identified 10 unlawful charges of £35 each. But this account was previously held by lenders GE Money. Either they went into administration and "became" Prestige Finance, or GE Money simply sold my account to Prestige Finance. I have identified seven unlawful "administration charges" of £40 each while the account was with GE Money, before I found my account being handled by Prestige Finance. So my question is in two parts. 1. Am I entitled to recover the £280 unlawfully charged to me by GE Money before Prestige Finance aquired the account (and if so, who do I get the money from? Prestige? Or GE, who may no longer exist?) I had always assumed that if a going concern such as a lender was aquired by another going concern then the buyer going concern would also be buying the seller's liabilities as well as its assets (in which case Prestige would be liable to refund me the money that GE had stolen from me). But I may be wrong in this case. 2. How do I get my money back from Prestige Finance? Do I just ask for it back or do I need to take them to court? Can I charge interest at the statutory 8% and how can I calculate that? Can I add on anything else such as the time it has cost me and also the stress? Thanks in advance.
  7. like it says on tin!!! i remortgaged last year(june 2006) with different company (GMAC!!!) conveyancing lawyer was numpty and it ook 3 months to complete. anyway got a letter from her this morning saying that they don't have the Standard Security (well really she says that the Registers of Scotland sent it but they didn't get it) enclosed is a Security for me to sign and return. what does this mean? i can't imagine the Register for Scotland sending something that sounds important thru ordinary mail. any ideas
  8. I sent my ESA50 long with doctors letters and specialists letters to Glasgow ASC, Wolverhampton address on the 02 of May.... Called centre for health and disability assessments. They told me as of yesterday 22/05, DWP requested that my file be withdrawn from their services and returned to them... MY nervous are shattered now. Has anyone got experience of this happening or a possible reason, Naturally i'm trying to get through to DWP but it's taking me ages. Got my worried now.... Thanks
  9. HI there, Due to ill health and before I got into financial trouble I went to CAB who suggested writing to all credit and banks to inform them of my illness. Most of them have been very helpful, apart from MBNA who then allegedly sold it on as soon as they could. So, I need some help with this court case (end Oct) I have been sending requests to MBNA to confirm that they sold the account to Link who sold it to IDR. MBNA have been ignoring my letters, I sent a SAR to all 3 which all of them ignored. Contacted the ICO and eventually got some response from Link and MBNA, but still nothing about the selling of the account. After exchanging list of documents with IDR I asked to see notice of assignment, notice of arrears and default notice. I got these forward flow agreements; no name on them just a bulk purchase agreement with all the other debts/accounts blanked out except mine. This sheet was not attached to the flow agreement. I requested confirmation from MBNA (since I did not receive notice of assignment etc.) who just ignored my letters only one saying they do not keep the Notice of Arrears or Default notice on file as these are autogenerated by the computer!!. They have never confirmed sale. I went to the Ombusdsman (FoS) and they said I should try to resolve it with MBNA first by putting in a formal complaint to them that was months ago! Just keep on getting odd occasional letters from them saying “ ..sorry for the delay we will contact you soon.” Can anyone help or point me to someone who knows about these things? I have tried 2 local solicitors (rural area) who have no idea about these matters. One checked the Law database for Forward flow agreements but came up with nothing. I received from Link an Application Form and T&C's which, as you can see, are almost unreadable. IDR said that it was compliant with the CCA request - see what you think. I feel that since the others have been helpful during my illness that MBNA should have done the same. Complained to the Information Commissioner’s Office – some success - and FoS who told me to try and resolve it myself, but time is running out what with all the hospital appointments for us both and a very sick elderly mother to look after. Sidley
  10. NRAM (Northern Rock), dodgy documents and agreements. Hi and thanks to all who contribute to this site. Flushed with success at my PPI refund with another Ex creditor I thought I'd start on my NR mortgage. In 2006 I re-mortgaged my house with NR to pay off a previous mortgage and some loans (taken out with NR). The present account is not the 16 digit account that I read about though I can only find the mortgage offer and not the agreement. Also I believe that there is PPI on some of the other loans I had with them in the past (and perhaps the current one). My thrust of action is threefold. Does the dodgy documentation apply to me since the ? Have I been miss-sold the mortgage because it was for 30 years and I'm in my early 60s now and no proper suitability check where carried out by NR. Finally I will be tackling the PPI as normal. I suppose the first thing to do is get my paperwork from them so in light of my three pronged action would I be advised to get a full SAR and CCA request in the first instance? I look forward to your comments as usual. Kind regards
  11. Hi, Local authority is pursuing a disputed sum from 2014-15 council tax period. Having refused a monthly offer of £5 monthly while I was still on Universal Credit the council got straight in touch with UC to make monthly deductions for the amount that it wanted (which UC later granted). LA contacted UC on the same day that it refused my offer / same day that it dismissed my formal complaint about LA's handling of the matter. I think the LA may managed to make the direct UC deductions on the basis of false info that I was struggling with current ctax payments - not the case - it was a disputed old bill. I made an SAR for documents including all written correspondence to any body/individual regarding my bill account. The LA hasn't provided a copy/record of the request it made to UC. It just gave a one line internal memo stating the date on which the communication was made to UC. (There is also only one letter from a collection agency in the info pack, there must have been more letters over course of several years including a couple of court summons). Does anyone know if the LA in breach of data request legislation by not providing its communication to UC? How can I get the info? More important, LA won't seem to allow me to try to make the case for why I'm disputing the amount. How can I get it to listen and do a proper review? Thanks
  12. Hi, I'm currently in court with a Claimant who is basically trying to ambush me. The court has requested information from them on multiple occasions and they have provided the bare minimum at the death. This is a civil case relating to a CCA. I now have enough information to identify the account and I'm required to submit an amended defence. I have documents that help my case that the Claimant should have provided but hasn't they are mentioned in their POC. I know sometimes judges take the Claimants side from the start, and should I include them in my defence. The Claimant is trying to supply as little as possible like sending 8 copies of CCA's that bear to relationship to the claim at all. Should I say as the Claimant has provided minimum information I was able to find documents and refer to them in my Defence. These are Statutory notices. Sorry to be vague but I dont want to give too much away. Thanks
  13. I had tills on lease purchase - put in lump deposit towards finance and then paid monthly. it was a 3 year deal, but unfortunately recession hit and i stopped paying, so only about 1yr in. initially they chased for cash and repossession of tills - havent got a problem with that but was reluctant to give back asset until a written agreement reached. meanwhile they have now served court papers going for a CCJ to recoup monies. but no mention of actual asset. MY QUERY is this... ... if they win CCJ [which to be honest is the least of my financial worries at the moment and my credit is shot to hell anyway; but I will put in an I&E to show difficulties with repaying to request a pay plan] are they still entitled to the asset? they do not mention it at all in their CCJ - do they waive their rights by doing the CCJ and not referring to the asset. selling the asset will not repay the whole debt. thank for any help.
  14. i have been dealing with housing options as well. this is about my landlord misleading me from the start with fraudulent tenancies. ie 1 making me pay a bond and months total £600 for my own tenancy in a two tenancy house 2 making me sign and witness the other tenants tenancy and £600 when, in actual fact, he had not paid a bond or months rent at all. i was told this three months later by the landlord in a recorded meeting 3 the landlord did not protect my bond and as a result of this, I am in a horrendous position 4 the landlord returned my bond 2 months after i paid it and then claimed that the tenancys signed were now actually a single shared tenancy 5 making me responsible for the other tenants debts 6 the landlord is now lying to the court in claims against me which i want to defend 7 he has mislead the court about arrears (that i was not in) etc etc housing options have applied for legal aid on my behalf. legal aid said i should apply for legal help but housing options applied for more legal aid and were granted full aid they say the notice the landlord gave me is wrong but they dont seem at all interested that the landlord commited fraud in the creation of the tenancies and the way i see it is that housing options are assisitng the landlord in misleading the court because if the tenancys were fraudulent, the landlord should be being investigated and housing options should be challenging the landlord about this and disclosing this to the court in the public interest. i believe when looking at the solicitors code of conduct, that fusion housing should be looking into this and not just seemingly trying to process me into alternative accomodation i asked fusion housing for a copy of the court bundle documents and have been told that i will need to make a data subject access request that will take 40 days to process if i want to see my own court documents. this is unhelpful as i am due in court on september 5th, in a couple of weeks. i would like to withdraw my permission for them to act for me and i would like to represent myself in court i need to make a notice of acting in person letter but am unfamiliar with the correct procedure to follow i understand the court can only allow me 40 or so days extra in the house. but really i want to defend the allegations the landlord is making against me. i have a solid defence fusion housing have said that i dont need to defend the landlords POC. as far as im concerned they are his particulars of claim and if i dont defend them i am allowing them to be on the court record. i really dont feel comfortable with the way this is bieng handled and the way housing options have seemingly taken over and are proceeding with my case i am alarmed to see that the solicitor is earning between £56 to £200 + an hour. i have no idea what they are doing with my file or what is happening i have asked to see my file and am now asking for a copy of the court documents. both are not forthcoming. any help or advice would be very much appreciated. housing options have applied for legal aid on my behalf. legal aid said i should apply for legal help but housing options applied for more legal aid and were granted full aid they say the notice the landlord gave me is wrong and that they will be representing me at court but they dont seem at all interested that the landlord commited fraud in the creation of the my tenancy. i find that alarming i understand the court can only allow me 40 or so days extra in the house and am desperately looking for alternative accomodation. fusion housing have said that i dont need to defend the landlords POC. as far as im concerned they are his particulars of claim and if i dont defend them i am allowing them to be on the court record. i really dont feel comfortable with the way this is bieng handled and the way housing options have seemingly taken over and are proceeding with my case i am alarmed to see that the solicitor is earning between £56 to £200 + an hour. i have no idea what they are doing with my file or what is happening i asked fusion housing for a copy of the court bundle documents and have been told that i will need to make a data subject access request that will take 40 days to process if i want to see my own court documents. this is unhelpful as i am due in court on september 5th, in a couple of weeks. can i do an acting in person letter to the court and charity and get some control back over my file? how many sets of wet signatures should there be when signing one contract? I am asking this because my landlord says there is only one contract attached to this house. when i signed my contract, i was lead to believe that the other tenant had a contract as well as me. both contracts were signed and witnessed. the landlord took them away to copy them i would have thought that if there was only one contract then there should be only one set of signatures there is something wrong here as there are now three copies of signed tenancies. each one has a different set of signatures. the landlord has them all but I have copies. I dont remember signing 3 contracts and my signature looks very odd in contract 3 ( which the landlord has submitted to court as the main contract) the reason i think there is something wrong here is because each one shows that a bond and months rent of £600 were paid at the signing of the tenancies and each one has been signed separately. it is clear to see as the signatures are not identical, so there were different tenancies that were signed does that mean these tenancies say there was 1800 paid to the landlord at the start of the tenancies or just £600? is this one tenancy or three? when i signed my tenancy, i paid £600.(bond and rent) the landlord now claims that there was one tenancy and that it is a joint tenancy when i signed my tenancy, the landlord and other tenant lead me to believe that he had paid £600 as well and i was asked to sign and witness his tenancy. i found out three months later that the other tenant had not paid anything at the start of the tenancys and i have been mislead from the start the landlord returned my bond after two months and did not protect it. when i gave it him back he tried to say he wasnt taking a bond and the £300 he took back was for the other tenants rent but later changed his mind i believe at that point the tenancys were changed and bonds altered , i became liable for the other tenants debts the other tenant had lived here for a few years before i moved in there was already a bond on the house when i moved in. the old bond was then repaid to the tenant after i moved in even though the tenant was in arrears and there were outstanding repairs when i moved in. when i signed and witnessed the new tenancys the tenant did not pay a bond or months rent but i was lead to believe he had by both of them because they had filled the tenancys to show he had paid £600. in reality, the other tenant was in debt at the start of the new tenancys and they had both lied to me now the landlord says it was just one tenancy and we are joint tenants and he wants his house back if it really was one tenancy why are there so many versions and why was i the only one who paid anything? i feel i was used from the start to get the old bond returned to the old tenant so that the landlord could get him out. the old tenant is heavily in debt and has made no attempt to pay rent or bills. the landlord has allowed this to happen and made no attempt to rectify this. i have been paying my rent and was paying the bills ( his debts!) although i cant access data about the accounts. the bills were in the other tenants name before i moved in. the landlord didnt change this. i believe there were already debts before i moved in and this is why they stayed in the old tenants name. the landlord has been free to manipulate all this and i am finding it difficult to get help or advice regarding the validity of the signed contract or contracts and i am confused as to where i stand. i realise the landlord can ask for his house back at any time but i think the way this has been done is very wrong. i would never have left my old home to be on a joint tenancy anyway and especially with someone who was already in debt i have repeatedly tried to discuss the tenancy, rent, bills and bond with the landlord. i started recording the visits. the landlord was doing monthly inspections and coming without notice. i was being bullied by them both. here is an extract of a recording of a visit without notice from the landlord where the bond was discussed. when the landlord gave me the £300 bond back in january, i gave it straight back to him. he took the money away but did not leave a reciept. I paid my rent into the bank a few days later. (AA is the landlord, AR is me.) ....... AA this is what I'm gonna do right, this is what I think should happen, yeah? So this £250, right, that you already put in and this £50 AR £300 AA is £300 right. By all rights yeah That money is next months money for you, yeah AR or my bond AA I'm not taking a bond. I cant take a bond right. You have a month or two months I think under the - that's why within two months I came to see you before the end of two months AR two months? You've 14 days to pay the bond in AA right so AR to the bond bank, but you didn't tell me for two months AA. yeah so it didn't happen. Yeah AR I could have got somewhere else AA yeah so it didn't happen, right but just hear me out here yeah? Look, I couldn't put it into the bond account because Mark, yeah ? Rightly or wrongfully, wrongfully, he didn't give me the money yeah? So that's why I said, sod it, give it back. There you go yeah? So the bond is, is, forget the bond, I'm not taking a bond off ya. like I says to ya, here, you know, foolish me or whatever, but, you know, I think that's my perogative" here is another extract regarding the bond .......... AR ...so had that tenancy ended then? AA it abso.., yes it ended, yeah. That's why you signed a new tenancy agreement with Mark AR Right, but why did only me have to pay a bond? AA right so you both had to pay a bond but unfortunately Mark was in rent arrears and he didn't have no money to, to, to kind of pay the rent or the bond money so that's when, remember when you? We, we, we took down, you gave me half of the bond money and to which later on I, I, I just gave that back to you because obviously it was quite clear Mark didn't have the money to pay the bond money so we gave that back" I feel that they have both really taken advantage of me and the whole thing about the tenancys and bonds is causing me great distress. I am trying to fully grasp what is/has happened here and how it will affect me.
  15. Hi guys, so it's been quite a while since I posted due to I tend not to get into debt anymore, but I am currently looking at an N244 order that Cabots solicitors have filed to extend the length of time required to file documents and an adjournment to be granted so they can get the required documents. In my original defence I stated if they could demonstrate I owed the debt via the usual methods then I will accept the debt belongs to me, but in a longer way than this obviously. They tried to have the application dealt without a hearing but it is in my local court on Tuesday on a telephone hearing with me having to appear in person (if i wish to defend) I've not had to deal with anything like this for a few years so really just need help filling in the blanks I can't remember etc. I'll be stating how the company has been harassing me for around a year over the alleged debt and all i've asked of them is proof that I owe the debt, as they have had to request more time it is quite obvious that they have never attempted to provide any kind of proof or made any attempt to keep the case out of court or as they put "encourage further exploration of alternative dispute resolution options" As stated in my original defence I believe the claimant is simply after free money and this appears to be the case as any professional company and solicitor should have had all the sufficient proof they needed before putting such a case forward and demonstrates to me as an individual a willingness to attempt to abuse a system in order to scare individuals into paying unsubstantiated debts. With regards to preventing any prejudice and ensure a fair outcome for both parties, it occurs to me that there would not be any prejudice as the claimant has failed to supply any kind of proof so wouldn't be entitled to seek a CCJ regardless. Assuming the claimant (A debt recovery company) has undertaken this procedure countless times, then asking for an extension is in itself a waste of courts time for a company that should thoroughly know about court procedure. This company has had ample time to demonstrate I owe the alleged debt even before attempting to claim it through court they or they're solicitors would have been aware that such proof would be required in court and if they didn't they would have known when filing the court papers therefore i feel the claimant should not be granted a 60 day adjournment. This is just something i quickly (or an hour) typing and will probably make edits to it before going to court, any input would be great, also isn't there a thing where it is unlawful to take someone to court over an alleged debt if you can't demonstrate they owe the debt because it's an unenforceable debt?
  16. Hello Everyone! I had a Natwest Mastercard account, which was defaulted in 2006. I have been paying off monthly sums direct to Natwest every month since, no PPI and interest not being added. Late payment and overlimit fees of £175.00 unclaimed to date. Account balance approx £8K The account has never ever been shown on any CRA reports, even before defaulted. Natwest have now advised that they have now "partnered" with Wescot Credit Services, who will now "manage" the remainder of the repayment plan, and that I should continue to maintain payments direct to Natwest. In view of this, I made a CCA request under section 78 (1). Their response to my CCA request was, as the account was opened prior to 19th May 1985, that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 applies to the account, and it is therefore sufficient for them to send me a copy of their current terms as a "true copy", and therefore the agreement is enforceable. The copy that they provided is headed "Credit Card Agreement regulated by the Consumer Credit Act 1974, and is on the reverse of a "Replacement credit card" letter, addressed to me at my current address, not at the address where I lived at when the account was opened. Are they correct in their view that the agreement is enforceable? As usual all comments welcome. Thanks t
  17. I came from EU to London in November last year, 2015 and i was working as self employed for 1.5 months in that year. I was waiter through an agency working for minimal wage, now i am employed already but I am concerned about those several weeks that i worked as self employed last year, i haven't submitted any documents about the salaries i received and i don't know if i should and what documents i need to have, i don't have all of my pay slips either. Today I was in the agency that i worked for to ask these questions, and they told me not to worry about that, since I worked for a short period and for little money. I haven't received any letters from HMRC either so what do you suggest i should do ?
  18. I will try to fill you in as briefly as possible! In September I received documents from Northampton of a claim issued by Hoist Portfolio. the particulars of claim were very vague ie no date of debt, no date of assignment etc. I acknowledged immediately and stated intention to defend. I sent off CCA and CPR requests in accordance with the rules. These were disregarded and I received no response. It was allocated to small claims and transferred to my local court. The hearing date was set and a deadline of 25th Feb was set for returning witness statements. At this point I had received precisely zero info from the claimant as requested, I constructed my witness statement along the lines of 'I have no info re the debt so can't defend something I have no knowledge of', the claimant was attempting to frustrate my efforts to defend in not disclosing any information and disregarding my CCA request and CPR request. I served a copy in the claimant and made sure it was with the court in time, brownie points to me I've now received (after the deadline) the claimants statement, and I'm wondering what to do. In their bundle they have the original agreement (in a different name to that on the court docs) but barely legible, a statement of account, and issue of default. My query comes in because on the statement of account, there are payments between July 2009 and Feb 2011 which came from a current account but we're not expressly authorised by myself. The debt is for a credit card and I had a current account with the same bank. So these payments were taken from my current account (I guess under the original contract I signed for the card this was authorised) but I didn't expressly make those payments myself. In fact I seem to remember trying to stop the payments, and they kept taking them without my agreement. Do these count as acknowledgement of debt? If these payments are disallowed, the debt should be statue barred (date of default was 25th June 2009 and I would argue that subsequent payments were not made with my authority). Or does it not matter, as I signed a contract therefore indicating my authority to take these payments? If it's not statue barred what should I do, as I'm now thinking they have me over a barrel even though their documents were late to arrive. Apologies if this doesn't make sense to you all, it does in my little head! Many thanks in advance for any advice you can offer!
  19. Hi there, I am hoping for a quick bit of advice. I move into a new property of Monday, and the housing association have told me the following - 1. They want to take photos of myself and my wife for "their records". I am not particularly happy with this as I dislike cameras in general. It makes no mention in my tenancy of this. 2. As we are on Housing Benefit, they want us to start paying £10 a week in anticipation of Universal Credit, so we can build up a credit on our rent account. I have not had to do this with my current council place. Again it makes no mention of this in my tenancy. I am moving from my Council Property with a secure tenancy to a housing association on one of their starter tenancies. I don't want to rock the boat too much as my tenancy will not be a secure one. What can I do? Has anyone else had these issues? Thanks
  20. 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
  21. I have some questions about the correct procedures for County Court summonses. I'd be really grateful if anyone could advise me on any of these queries. I have read the guidance notes for both online and paper forms but still have some uncertainties. Background: I am about to issue a County Court summons for unpaid compensation for use of part of my property by a builder. The basis of the compensation is set out in an agreement and related emails. My questions: 1) When sending in a paper N1 form, is it correct to send supporting paperwork with it? E.g. Copies of agreements, contracts, print outs of related emails. 2) Exactly how many copies of the N1 form, defendant's notes, and supporting documents (if these should be sent with the N1) do I need to send? I assume from the guidance that it should be a total of three copies of everything: One copy (i.e. the original form) for the court, one copy for the defendant, and one copy for me (to be sent back to me). 3) I was originally planning to issue the summons online but the Particulars of Claim box on the MCOL website is absurdly small. How does anyone explain the key points of their case with so few characters and lines to work with? Any help on these queries will be really helpful. Edit: I have found the answer for question 4. Questions 1, 2 and 3 still confuse me. Answered question below: 4) I am aware that one can send additional PoC by post if using the online form but, as I understand it, these later PoC are only to be sent to the defendant. The Court and the Judge will not see them unless and until the case comes to a hearing. Is this correct, or should one send additional PoC to the court as well as to the defendant? Answer: I see that form N215 'Certificate of service' requires that documents sent to the defendant must also be sent to the Court.
  22. Hello, I’m looking for some help. Please. Here’s a brief run-down of my issue – as a sole trader I carried out some work for a large company. We only had a verbal discussion of rates (nothing in writing) and my understanding of the amount discussed was a day rate and the companies understanding that it was a completed installation rate (there were a number of installations that took more than one day). We have been in discussions for over a year and I have sent the company an invoice and a Letter Before Action. The original invoice was made up of day rates, but this was rejected by the company and they offered a without prejudice amount based on completed installations, which was less then my invoiced amount and therefore did not accept. I have recently dropped my rates by a small amount and sent a new invoice to the company in an attempt to reach a settlement – they have also rejected this. My question – would this be classed as altering a legal document and if so, would this affect my position when court proceedings are issued, which I intend doing soon? If it does affect my position could I instruct the company to ignore or destroy the new invoice and revert to the original invoice? Many thanks in advance.
  23. Hi friends, I tried to search but most of the template letters are designed towards claiming single payment PPI, especially, for fresh cases. Mine on the other hand were monthly payments and they were stopped by Barclays in 2005. Why? Because, I claimed back some of the money Barclays had been charging me in the name of their Additions fee that I had never opted for. This probably prompted them to also stop my PPI immediately. And yes, I did not know what PPI was all about at that time. Now, I wish to take up claiming back the PPI Bacrlays charged me over a period of 9 years (since 1996 to 2005) My questions .. 1. Can one claim back the PPI they regularly paid some time ago in the past? 2. Do I need to first ask for my policy details, or should I simply write to them that this has come to my notice and was a mis-sale. 3. Is there a template on this site for the first letter I should be sending to the bank? Help me. please Hugs Autumn
  24. Hi Guys, I have an issue where I have been summoned to court for not sending my driving license to dvla. I was offered a fixed penalty for a speeding offence. I paid the £100.00 fine online and sent my documents off to dvla to be endorsed as requested. Sometime later I then got a summons to court for a date in March. I contacted the fixed penalty office to query why this was as I have proof I had paid the fine. They replied saying that they hadn't received my documents, even though I had sent them via royal mail on the same day. They said I would have to attended court and plead my case, if I lose it will increase to 6 points and up too £1000 fine. I have today applied for a new license as I need this for work. Please can someone advise me what to do
  25. List of events Received claim from Northampton CC Acknowledged service Sent CCA request to Lowell and CPR 31/14 to BW Legal Reminder sent to both after 14 days Embarrassed defence submitted as could not reply to particulars without agreement, DN and NOA. Directions sent out for witness statements no later than 14 days before hearing I filed my witness statement to court with 15 days to go 2 days before the hearing I now get claimant witness statement with copy of agreement and NOA attached but no DN What can I do from here? I am surely prejudiced by this as I am unable to defend it now, plus also the directions stated if docs and statement were not filed outside of 14 days then they would be disregarded. Also the agreement looks very dodgy and looks reconstituted, it was taken out in May 2006 so it must be the original surely? Plus also some particulars are missing from it such as their signature and also a credit limit? How do I proceed from here as the hearing is this Wednesday.
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