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  1. 3 points
    What usually happens, and I've seen more than a few in my years working in council tax, is that they make a fuss right up until enforcement action is taken and then they disappear off in to the ether without any further updates. Typically because their master plan has failed and the council have bankrupted them or they've ended up with a suspended sentence hanging over them.
  2. 2 points
  3. 2 points
    We advise a simple 3 to 5 line defence on here. If you send off that as it is you reveal too much allowing them to refute and "amend" [cough, cough] what they were going to say. or do. Plus walking in expecting a walkover is a dangerous act and even worse is to go in not knowing the Law regarding parking and your case-it can be expensive. http://parking-prankster.blogspot.com/2017/01/parkingeye-win-and-are-awarded.htm http://parking-prankster.blogspot.com/2016/12/ukpc-v-mccarthy-score-draw-no-penalties.html both motorists lost but could have won had they been better informed ie they had read other cases and taken along the necessary paperwork. Rather worrying that the Judge decided that as the contract with the landowner was only for 3 months which had expired some time before, it was reasonable to suppose that the contract had been renewed. So you will be up against the Judge lottery also. How does the saying go-fail to plan so plan to fail.
  4. 1 point
    #########Defence'########## The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have in the past had financial dealings with Capital One. I do not recall the precise details of the agreement and have therefore sought clarity by way of CPR 31.14 and section 78 request. 3.Paragraph 2 is denied I am unaware of what account the claimant refers to. 4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from August 2012 or ever having being approached pre litigation with regards this alleged debt. 5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has yet to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and (c) show and evidence the service of a Default Notice pursuant to sec 87 (1) of the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. The claimant has yet to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  5. 1 point
    by mentioning Excel and the BPA you give away how long ago that was. Things are not set in stone so you must get aquainted with the current state of play with these bandits. the importnat thing is that VCS get caned every time they try this no stopping claim on at airports and have even tried to get the airports to apply for a change in the law so they can collect the money they so desire but that fell flat so they rely on LIES and bullying to collect some money. when enough of these cases have been dismissed Trading standards may creak into action but until then we all have to do our legwork
  6. 1 point
    your situation regarding old data, shall we say, sounds very much like someone close to me. as you were 15 at the time, your old school or it's local education authority will also hold all your information . I did an sar upon their behalf and got everything back to primary school days inc all the statemented statements too. this allowed them to get paid for sheltered housing by the new LA. she is now 35 and thriving well. hth dx
  7. 1 point
    Hey, I cant thank you and Bankfodder enough for this service. Will be sharing it with people at uni as well as work! I will be taking your advice on board and hopefully Surrey Childeren Services get back to me soon. They said they would by the 8th of March and through Coram they have accepted my claim.. so good news on that front! I will defo be in touch if anything else arises but for now, thank you and Bankfodder and everyone on this platform for providing us this service. Best wishess, KM
  8. 1 point
    Just had a quick look at this having come in a bit late (been away). If you defended this matter you would almost certainly be convicted. The only possibility of acquittal that I can see is a fatal administrative error and nothing you have said indicates that one might exist. The prosecution has to prove its case beyond reasonable doubt. There is no need to consider the individual elements of the allegation separately. As explained, the charge is careless driving. The witness statement explains the officer's opinion quite clearly. He has evidence that you were speeding (measured by an approved device). He has evidence that you performed an overtake in a controlled area (his observations of the event). His evidence is that speeding on the approach to a pedestrian crossing together with overtaking in its vicinity puts your driving below the required standard. There is no need for the prosecution to bring expert testimony as to what constitutes careless driving. It's written in the statute and it is up to a court to determine guilt or innocence based on the evidence presented to them. You don't seem to have a very clear recollection of the event and your post at 8:25 on Saturday seems to confirm this. Compare this to the witness statement which details the event quite clearly and you might hazard a guess at which version the court might accept.
  9. 1 point
    I have created 2 new topics one for each BC debt with link please now post on those threads with any releveant updates to each from now on dx
  10. 1 point
    no need for recorded just use std 1st class and get free proof of posting from any PO counter. click sar add your details and theirs print it off pop it in the envelope with a 1st class stamp on it goto a PO counter hand it over asking for free POP. dx
  11. 1 point
    as for the schemes https://www.southernwater.co.uk/newstart https://www.southernwater.co.uk/water-direct https://www.southernwater.co.uk/watersure-tariff
  12. 1 point
    Housing can be part of a UC claim. It will be listed as an amount within the awards, before any deductions are taken for earnings, debt repayments etc. So you could have Standard Allowance (single claimant) £317.82 Housing £500 Children £231.67 Award before deduction is £xxxx less earnings related deduction £xxx Less Advance repayment £xx Less Tax credit debt Net UC award £xxx So it is different to Council Housing benefit, as it is part of an overall award calculation. Private rent housing is capped at local housing allowance amount for the number of bedrooms entitlement. Visit the LHA website, enter postcode, work out bedroom entitlement based on people in household. It will tell you the max private rent payable for postcode. There is a non deprndant deduction of about £74 as non dependants* over 20 are expected to pay towards housing, Social rented sector such as housing associations is different, as the rents/service charges are not based on the LHA rates as such. The amounts can vary ( sometimes higher or lower than LHA rate), but UC accepts the rent/service charges, but makes a deduction for spare rooms. If Non dependant* over 20 living at the address, deduction will apply as above. *there are exemptions for non dependants receiving disability benefits. Quite a complex area. But this is the basic way it works. Only the standard allowance part of UC is affected by sanctions.
  13. 1 point
    nothing to do with the gov't more like fleecing ex-private land clampers moved tricks.
  14. 1 point
    Hi. Thank you very much for updating the thread, I'm delighted that you have a good resolution. I'll update your thread title to show the result. HB
  15. 1 point
    Ah, ok. The attachment you posted is called 'Claimants WS', so I thought you'd had theirs. I only glanced at it briefly. Any detail that you feel is needed to support your defence and then the brief arguments presented at the hearing should be included within your WS. This is 'the' time for detail.
  16. 1 point
    You can provide your interpretation of the law in support of your defence, but that's just your interpretation, unless you qualify it with pointing to the legislation that applies, or other suitable sources referring to it. Therefore, quoting relevant legislation and case law is how you'll demonstrate that you have a winning argument. The claimant has done just that in their WS. Say as much as you need to in order to make the best possible impact with your arguments.
  17. 1 point
    Well done for making the phone call and getting the process started. Unfortunately, it appear to be the way Government systems work. Every tax year will be a separate work item. So for previous years re-calculation to work out the over payments, it will depend on when they get around to deal with this. They deal with tens of thousands of work items and are likely to be dealing with reported changes from other taxpayers going back months. There will be a priority order of work and working out your over payments may not be a priority. The main thing is that you have reported the change and stopped the payments for the current year.
  18. 1 point
    Have you read over any witness statements from other cases?
  19. 1 point
    If you believe that the oven is possibly dangerous as you say then you should be looking at this act where it is clear that a defect in a product can include defective instructions http://www.legislation.gov.uk/ukpga/1987/43/section/3 And if you are a person who is affected by this then in principle you have a right of action http://www.legislation.gov.uk/ukpga/1987/43/section/41
  20. 1 point
    I think it will help you to identify specific models which might suit your requirements – not only including Hotpoint – but other manufacturers as well. I think you will need to get some idea of value
  21. 1 point
    You won't go to jail. Of course lots of questions are going to be asked – but the very best thing you can do is to contact them on Monday and be completely open and honest about what has happened. Hopefully other people with greater expertise will come along – but certainly you need to open up completely on Monday and be completely straight dealing
  22. 1 point
    The new enforcement regulations i believe stopped the enforcement officers from pushing aside someone at a door. This was to stop potential assault and breach of the peace. They can put their foot in, to have the conversation with the fine defaulter about their rights of gaining entry and that they can force entry if required using a locksmith ( this is because this relates to a Court fine). But if they are refused entry they should back away and look at their next options. There might be goods outside of the house they can seize. If not, they could call the Police and locksmiths, so they can make peaceful entry to a property. Complain to Courts and Marstons if the officer has used force against you at the door.
  23. 1 point
    If enforcing a Magistrates’ court fine they can even use a locksmith to gain entry, but only with the court’s permission.
  24. 1 point
    Hi. I've moved your thread to the Bailiffs forum. People should be along to advise later. HB
  25. 1 point
    Thanks very much indeed for your offer of a donation. Of course we are very happy to receive it. if you want to make a recurring donation I understand that there is a check box somewhere on the donation page. However you want to keep an eye on it because it could keep on running a long time if you forget about it and you may end up giving as far more than you ever imagined. We won't complain of course! But you do need to be careful.
  26. 1 point
    Odd that there is a repossessed and unsold property. are there other debts as well as the mortgage? my reason for asking is that if the property is as yet unsold, how can they claim for a ‘mortgage shortfall’ if they don’t yet know if there will be one, and if there is one how much it will be. Either the bankruptcy can be fought off on this basis, or there is more to the story. An additional factor to consider: Is going bankrupt a good or poor option for the alleged debtor? If they were considering going bankrupt but didn’t have the fee to hand : the mortgage co. might be “doing them a favour”! It depends on if bankruptcy is a good option or not for them. Often it isn’t, but sometimes it can be, with the “slate wiped clean” benefits.
  27. 1 point
    you do not use the forms, they are only for ref do that link.. we'll advise what to do and WHEN till then..sit on your hands do nothing TILL ADVISED.
  28. 1 point
    Why would you want to keep contacting her directly? You’ve lodged the claim. It won’t add anything (she’ll just pass the info to her solicitors), and it runs the risk of making you look unreasonable at court. They’ve told you (and advised the court) they are acting for her. Communicate with them.
  29. 1 point
    tell her to come to cag. dx
  30. 1 point
    Correct me if I'm wrong but you bought the car for 16K and Hastings have paid you a write-off value of 15.3k? (16k valuation - after some argument - less £700 excess). If that's correct I'd be inclined simply to take the payment and buy another car. I understand that you would prefer to buy the car back and think you could get it repaired cheaper than Hastings are saying (are you really sure of that?) but like BankFodder I don't see the point of taking the risk that the car might be more damaged than you think. Hastings may have acted questionably here, but in essence they appear to have written off your car and to have paid you a reasonable market valuation for it. (To be honest, if you bought it for 16k I'm a bit surprised that they've agreed a figure that high as a valuation. Perhaps you got a very good deal when buying it which may be why you don't want to lose it now).
  31. 1 point
  32. 1 point
    Okay, I hope you won't mind me saying that what we have here is that you have received the insured value for the vehicle and now you are hoping to buy it is a wreck and to make a profit from it. I don't have any problem with this – it is completely legitimate. However, apart from Hastings rather suspicious handling of it, I can't see that you suffered any particular disadvantage or that they enjoyed any particular advantage – other than they hope to make a bit more from the car at auction than they might otherwise have done. The most important thing which concerns me is whether you have lost out – and it seems to me that you haven't lost out at all in terms of the insured value. I gather I'm correct in saying that you insured it for £16,000? If you confirm all of this then it seems to me that you don't have a problem and there is nothing more to say. So what you are really saying now is that Hastings have a damage car for sale – and they have offered it to you for a particular price – and you are interested in buying it but you would like to reduce the price and is it likely that they would give you an opportunity to inspect the car first. I can't imagine that they would refuse you the opportunity to inspect the car if they think they are going to sell it. You should certainly inspect it and you should have it inspected professionally – particularly in terms of examining the geometry of the car. However you are still taking the risk – but hopefully you know what you're doing.
  33. 1 point
    Isn't it rather odd that Hastings should get a second engineer's opinion as to the extent and cost of repairs to your vehicle? (And not tell you about it!). Maybe that's standard practice but seems a bit fishy (and unnecessarily expensive) to me. Is your car particularly rare or unusual in some way?
  34. 1 point
    why are they going to kill your budgie again..?? read this thread from post 1 again then go see if you've found that ellusive word WILL on their letter...don't rush back. on any debt, until whomever complies with an enforceable CCA that we've checked ...you IGNORE THEM. the only time you don't is if you get a letter of claim under the pre action protocol or a claimform from northants bulk court. dx
  35. 1 point
    so changing the on call bit isnt likely to be a contractual matter. They are pre-empting a change in the law because of a big tribunal case that is waiting for a decision on so they ARENT obliged to include it in your contractual hours etc. Basically you are likely to get a lot more in the future than you stand to lose but it the courts decide that things can stay as they are I would bet that they go back to the old system as they can still afford it
  36. 1 point
    Boots or whoever just rent the shop, they ahve no interest in the land. The ontract CEL have MUST be with the landowner so that is why you ask to see the contract between them and the landowner If they have a contract with someone else then they dotn have the right to do anything and cannot perform to the contract they are offering you. the lack of a way of inputting your car reg to get an extension also voids the contract as there is no mention of an alternative or penalty for NOT BEING ABLE to do this It doesnt matter that the council arent going to take action, doesnt stop the act being illegal. they dont arrest everyone who drops litter but doing so is still illegal. these are points you need to understand, it is not about parking at all, it is about offer, acceptane and the breach of a contract. We are saying there was no contract becasue they cnat legaly offer you anything read up a lot more on parking and it all becomes less scary
  37. 1 point
    Very helpful information. Thank you. If the OP does get one of these witness statements to sign then maybe they would be kind enough to post it up here so everybody can look – and learn.
  38. 1 point
    Hi OP. Just as a bit of background I’ve spent several years working on the Defendant side of the credit hire fence. Auxillis and Principia Law have the same company directors. The companies are linked. You’ll almost certainly have to go with them under the terms of the hire agreement. You’ve signed a credit hire agreement. You believed it was a courtesy car based on the email from Hastings. Did you read it? I know that Auxillis get you to sign these things electronically. 9 times out of 10 as stated above, you’ll not get as far as trial and the two sides will settle. In the run up, you’ll have to assist Principia as they go through the stages of litigation. Nothing to worry about immediately. The point it will affect you is the disclosure and witness statement phase. They’ll likely want to see your bank statements from the time of the accident and disclose these to the other side. They’ll also need you to sign a witness statement. They will prepare this so read this statement very (I can’t emphasise that enough), carefully before you sign it. Make sure it’s true. They’ll use a standard witness statement as a template which will say things like ‘Auxillis contacted you and explained it was a credit hire agreement‘ etc etc. Don’t sign anything that’s not true. Edit: Apologies, just read that there’s a possible liability dispute. That slightly increases the chance of this ending up at a Court hearing. Do you know how much the total hire charges are? Are they below £10k?
  39. 1 point
    Appreciate it’s easy for us to say, but just don’t let her get to you. As has been pointed out she’s digging a hole for herself and at the final hearing the Judge will only tolerate her behaviour so far. So just keep doing what you need to do, as you have been doing so far.
  40. 1 point
    Agree with Andy, if you're organised it will be HER in deep trouble for making false accusations. I'd keep a little "diary" of the few times you have been outside her home with dates & times. If she's daft enough to bring it up in court show the "diary" to the judge and point out you had a valid reason for taking the photographs. Oh, and that you weren't charged, cautioned or even asked to go to the police station, plus you are unaware if she has been charged with wasting police time or not.
  41. 1 point
    Get to the court as early as you can and see if there are any duty legals in attendance. If there are then you should approach them and ask for their assistance - they can accompany you into the hearing and support your case.
  42. 1 point
    I doubt they'll take a blind bit of notice TBH you could quote the FCA rules to them, but I doubt they even know who they are even though I assume they are FCA registered.?? go check the company name fca reg number on the FCA register that they should quote at the bottom of all correspondence.
  43. 1 point
    the charge is a unlawful penalty
  44. 1 point
    then get reading up https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=vcs no stopping claimform&oq=vcs no stopping claimform&gs_l=partner-generic.3...158964.167891.0.168199.27.27.0.0.0.0.204.2914.15j10j2.27.0.gsnos%2Cn%3D13...0.8960j4059180j27j1...1.34.partner-generic..27.0.0.COdfBeUMRzs
  45. 1 point
    pop up on the MCOL website detailed on the claimform. . register as an individual note the long gateway number given then log in . select respond to a claim and select the start AOS box. . then using the details required from the claimform . defend all leave jurisdiction unticked. click thru to the end confirm and exit MCOL. get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
  46. 1 point
    https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=travis perkins&oq=travis perkins&gs_l=partner-generic.3...65622.73939.0.74787.15.15.0.0.0.0.132.1152.13j1.14.0.gsnos%2Cn%3D13...0.3985j1362129j14...1j2.34.partner-generic..15.0.0.ICAi0aJANn8
  47. 1 point
    Hi That is good news that your are getting your deposit back but wait till you have actually got it back just to be sure. For future with an Landlord/Letting Agency when you move into a property it is always advisable to take photographs of every little thing not just the obvious damage/faults and the exact same when you move out. As for the Deposit this should have been protected in a Tenancy Deposit Scheme and you should have been given a copy of the prescribed terms of that scheme by the Landlord/Letting Agent. Yes the Landlord/Letting Agent on move out will claim via the Tenancy Deposit Scheme for damage but you should also have contacted that specific scheme yourself requesting your deposit back/complaining to them/refuting the Landlord/Letting Agents as well as complaining to them only. .
  48. 1 point
    I'm afraid that I don't know what the proper procedures are but although you filled the holes in the wall and painted them, it was obviously not good enough that they didn't notice it. I'm afraid that I'm not competent to comment on the correct procedures which should be followed. Maybe somebody else will come along here and help. Also I can only advise you as to the principles of "wear and tear" as I understand them – but I haven't seen the marks that they are referring to. However it's not unknown for landlords to expect to be able to get an entire professional paint job at the expense of their ex-tenants. You didn't take your own pictures going in and you didn't take your take own pictures going out – Big Fail.
  49. 1 point
    The Consumer Action Group Guide to understanding how the Credit Reference Agencies work. The guide to help you understand what Credit Reference Agencies are and how they impact on your lifestyle financial decisions and the information that is shared with Financial Institutions . CredAg_WIP.pdf
  50. 1 point
    why not simply ring BC and ask if they ever did default the debt first?
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