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Showing content with the highest reputation on 01/08/13 in all areas

  1. 1 point
    Check everything and then check again with E&L they seem to change the goal posts as and when they like.please speak with insurance ombudsman,they are are brilliant and very supportive and also aware of E&L practices. Good luck at least your dogs recovered or recovering well.
  2. 0 points
    Now this case was in January, imagine Sobell's surprise when he realised he had to attend the same court, but this time with the Mrs! Well on reflection of the absolute thrashing he had previously by the mighty Scouse Magic, it was not so un-surprising that proceedings were suddenly dropped......just a shame really that he did not file the correct form and offer my costs to that point! I counter claimed the intial particulars of claim which was totally wrong.......Sobell said they related to one car .....but it was two. For your purusal and enjoyment I post some of the judges comments in my case................... JUDGE "The Claimant notwithstanding being advised by the Court that the application to adjourn was not being granted, makes no appearance or indeed any communication with the Court whatsoever. My reaction to that is that any firm of solicitors, and it may well be that Mr Sobell is the only solicitor employed by that firm, but notwithstanding that, any solicitor in practice engaged in litigation who simply fails to attend Court, does not take notice of a message that was left on his firm’s answering machine, even if he is hospitalised, as per the 15th March application avers, must have some administrative staff to ensure that whilst he is personally unable to work, that the work is going to be covered. The world does not stop simply because a solicitor goes into hospital. And I am not impressed by the absence of any response to the telephone message that was left and the fact that he even thought it was appropriate to apply for an adjournment in the first place when it would have been easy to engage either another solicitor by way of an agency agreement or simply to instruct counsel to attend on behalf of the client. So I am dealing with this counterclaim in the absence of anything from the Claimant and also, as Miss Fever has pointed out, in the absence of any documents put forward in defence of the counterclaim. The way in which the claim was being pursued is quite frankly a mess. The second complaint that Miss Fever makes is that in the letter before the claim and this is from Graham White Solicitors, the letter dated the 23rd October 2012, it says this: “Registered keeper details were obtained from the DVLA and my client wrote to the registered keeper requesting either payment or details as to who was driving the car at the time of the unauthorised parking events. During various recorded communications between the registered keeper, you, and my client you have admitted to being the driver at the time of these events. Both my client and my firm have written to you on several occasions to request payment of the above debt and to date you have not paid despite offering to pay.” Well, those two assertions are clearly both wrong. And it is a matter of concern that a solicitor would write to a Defendant setting out not one but two grossly inaccurate assertions. Needless to say Judgement awarded in my favour for £235.00 and £180.00 costs awarded. Now then, old Sobell decided he could challenge this.....and was shot down in flames by His Honour Judge Scarrat...." There being no realistic prospect of success". I then turned the tables on them, threatening them with a warrant of execution.....They ignored me .....The claimant (hospital) paid out in the end!
  3. 0 points
    There is a little confusion here....the usual steps are... a county court ccj that the creditor has chosen to transfer up to the high court to obtain a writ of fifa for enforcement by HCEO's I could be wrong but I think this is the true scenario.... otherwise you would have been served papers to attend a hearing at the high Court and would have needed to plead your case if the debt was to be judged there and to be honest debts are rarely if ever heard before a High Court. PT suggested you view your credit file...I agree with that for if any action has been taken to the debt it will automatically appear there showing the creditor and the amount owed.
  4. 0 points
  5. 0 points
    As you have found out bailiffs like to tell you what they can do in the fairy tail in there head You need to remember there is No right of entry No locksmith No breaking in either no police and no kidnap of the dog They have a liability order not a warrant or court order or whatever they call it Keep bailiff out any and all payments direct to council The bully boy bailiff will lie and intimidate you to give him money pay council direct
  6. 0 points
    regardless of what happened after you left, you may fall foul of the rent and CT was in your name and he lived their, did you ever change it or inform the council that you were not living their?? and on the point of removing goods that belong to children, things like tv's and games consoles can be removed and bikes, whether its applicable in this case is unclear as you are trying to not pay the CT but it was in your name and you didnt pay it, nor did your husband. things like beds, bedding clothes are all untouchable by the bailiff as stated, he cannot take cookers, fridges or washing machines, but if you have a cooker and a microwave, he can take the micro, tumble dryers can also be taken if its a seperate machine from the washer, sofa's would have to have the fire label attached to it, its prob under a cusion but he has to leave enough seating for every member of the family, the argument their is to leave dining room chairs, be careful. note on the cars, if his car is a company car then it cannot be taken but proof would have to be shown hope this helps
  7. 0 points
    No bailiffs cannot take ur beds or anything belonging to children. He cannog take cookers or washing machines either, sofas i think cannot either as adaqete seating must be left for all the family.
  8. 0 points
    I expect that the liability order will be addressed to where the Council tax is due. As you are living with your Mother, the bailiff cannot take ggods from there -only from the address on the L/O. They will lie and tell you that they can break in, get a van round straight away etc etc when all they are trying to do is scare you into raising as much money from you straight away. You are far better off paying the money into the Council than paying the bailiff since they will increase their costs dramatically the first time you were late [even by one day]. The council will tell you that you have to pay the bailiffs. This is untrue. The Council cannot refuse any payment you make to them. If you were married at the time, your ex may be also liable for the outstanding amount so he must be careful not to let the bailiff in the house as he may be able to seize his goods. In any event, if he has a car he will need to keep that away from the house to prevent that from being clamped.
  9. 0 points
    :Hello kahlo: A seventeen page submission sent within a few days of the hearing always carries a risk of adjournment, but I decided not to worry you unnecessarily. Acceptance ahead of the hearing, or not, depends on the workload (and whim) of the judge who's scheduled to hear the appeal. I've had seventy plus pages read before the hearing cos the panel had two no shows from other appellants, but I've also had an adjournment for about twelve pages plus medical evidence. Yes, you need to front up on Thursday (possibly unwashed and with hair all over the place) to explain the problems you had with preparing the submission. After that it's up to the panel to decide whether to hear your appeal there and then, hear what you've got to say, then read the papers and send a decision via post, or adjourn. If you don't show, they've the option to decide your appeal on the evidence already submitted. Given the comments of the clerk, who knows the venue and usual response of the judge to late submissions, there won't be a decision about adjournment prior to the scheduled time of the hearing. Unless you hear to the contrary. However, 'The overriding objective ...... is to enable the Tribunal to deal with cases fairly and justly.' Which means judges have a fair degree of autonomy to get the right result. And in my personal experience most of them try to do so. Chances of Jobcentreplus sending a presenting officer? Possible but highly unlikely. Their default position, is for the Tribunals Service to sort the fallout from Atos. Know this is easier said than done but try to rest between now and Thursday. Sincerely, Margaret.
  10. 0 points
    Wow, your submission and evidence must be looooong! Go on the day. Take three more copies of the evidence and submission just in case it hasn't been received. The judge must accept what you provide, but can adjourn if they can't deal with it there and then. The DWP are supposed to attend anyway, however they rarely do. So any evidence you present won't create a DWP invite - as they already have one. I have known cases to be sent back to the DWP by a Judge, but it's rare and generally happens weeks before a hearing, or before a hearing date is given. What time is your hearing? If later in the day, and not first thing, phone the venue before you set off to check it's still going ahead. Also arrive early so the Judge has plenty of time to read the additional info (if there wasn't time to redistribute it).
  11. 0 points
    haha that legal team was totally inept and Sm was very well prepared. Good job to SM!
  12. 0 points
    Hello there. In case it helps you to formulate a submission, here is a link to the forum stikky on appeals and tribunals. It's based on my own tribunal a few years back, but it's worked for people here. http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information My best, HB Edit: link added, sorry I forgot it.
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