mamatemi1
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Everything posted by mamatemi1
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The above showed up at my home today to collect on a judgement. No enforcement notice nothing. Had submitted N245 to court for a payment plan. No response from court to date. Scared my husband into borrowing £500 and told him back on Friday for balance. How do I stop them coming back.
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No assistance whatsoever beyond asking me to contact the court. Council refused to entertain my complaint despite sending evidence of change address with DVLA. It is also my local authority and they have evidence of change of address based on council tax records. The refrain was ' we wrote to you and you did not respond' doh, you were writing to the wrong address.
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I don't know what happened to the cheque, it was never cashed and I posted first class it 2 days before the deadline.
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Hi all, This is by way of a warning to all. I got a parking ticket from my local authority and did not dispute it. I had gone to the bank and we got locked in because of some systems failure and I ended up with a parking ticket. I did not dispute and sent in a cheque for the fine. In the meantime I moved house. I got Charge Certificate notification 3 months after I moved ( my old neighbor was kind enough to do some redirecting of mail as an when because Royal mail was charging £180 to redirect mail for my household. We thought we had notified everyone that needed to be informed). I immediately phoned up LA parking services to inform them that I had sent in a cheque to pay fine as I had never disputed. I was asked to email with the information which I did along with informing them of my new address and asking to pay at discounted rate and notifying of my new address. Fast forward another 3 months and 'enforcement officer' from Newlyn at my door, clamping my car and demanding £407. I am unemployed and have been since May. Hubby paid despite me saying let him take the car. Eventually got through to the council who said phone court and file late witness statement. Enforcement letter from Newlyn arrived 24 hours after enforcement action. Court denied application despite evidence of move from DVLA and evidence that LA had been writing to the wrong address despite evidence of notification of change of address before any enforcement action was required without reference to me and if I want a re-evaluation of decision, I need to pay more money. The Courts and the local authorities are making money of you if you have the temerity to move house. They claim that their system only checks addresses once and they have no responsibility to ensure that they are directing their communications to the right place. Be careful people, you can only get justice if you have money. I am going to write to my local councilor and see what happens but surely, this should not happen? Even if they only check with once DVLA, I wrote to give them my new address. Be careful people.
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Hi all, I lost a court case with my former landlord. Judge gave me leave to appeal at Crown court with oral hearing and transcripts to be produced at my own expense. Could not afford cost of transcripts or a barrister for oral arguments so appeal dismissed. what happens next please?
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I will try to be brief! We lived in the same house as tenants for 13 years. The last 2 years were an incessant demand for rent rises. I finally had enough when he sent us a quit notice and stopped paying any rent. We ended up in court, he was refused possession and we finally found somewhere to move to 5 months after being threatened with balliffs. He has got judgement for 16k, even though he only paid and claimed for £5k. We have been given leave to appeal to Crown Court but must provide transcripts at our own expense - currently £500 and then find money for a barrister. We are just about keeping the new roof over our head. The stress has been unbelievable. I am now unemployed (since May) and still waiting for a determination on Housing Benefit, so my new tenancy may also be at risk. I am praying to get a job soon, but I have loans and credit cards that I am just about keeping on top of ( spent the last 4 years trying to grow a business) and no savings.I think my best option is to fill in an N245 and throw myself at the mercy of the court. All advice gratefully received. I would like to go to a new job with a clear mind.
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Thank you.
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I ignore above, have sent form EX107. Thanks.
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.. have asked for extension to obtain transcript. Where do I get that please?
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I defended the original Moneyclaim hence we were in court 19th Feb.
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Andy, Apologies, life has been so chewy it took a while to remember that this resource is here. I have been fighting fires for a year now and I am really at the end of my rope. This business has really hurt my business and it looks like I am now a jcp client... I have uploaded the orders for the hearing. Most grateful for your help, now I'm not alone.. e: Oral hearing Bundle Click image for larger version Name: OH22.pdf Views: 0 Size: 292.2 KB ID: 63108Click image for larger version Name: OH11.pdf Views: 0 Size: 268.0 KB ID: 63107Click image for larger version Name: OH21.pdf Views: 0 Size: 254.3 KB ID: 63106 Andy, Apologies, life has been so chewy it took a while to remember that this resource is here. I have been fighting fires for a year now and I am really at the end of my rope. This business has really hurt my business and it looks like I am now a jcp client... I have uploaded the orders for the hearing. Most grateful for your help, now I'm not alone.. OH21.pdf OH11.pdf OH22.pdf OH22.pdf OH11.pdf OH21.pdf
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Need to submit by 29th May!
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Please forgive the length of this post. Very stressed mother of 20, 18 and 14. 18 year old staying on foster child. All in uni, college. Husband primary carer for looked after child. We rented the same house for 13 years, initially through an agent, but the landlord took over himself for the last 3 years. He was a pain and kept increasing rent every 6 months. We should have moved, but, children, work school etc. He issued a section 21 notice at which point we started looking for somewhere to live. I lost £750 in deposit and referencing fees. I have to admit that business wasn't going well and money was very tight so our rent was not very regular but it was paid. He applied for eviction and claimed arrears of rent via a money claim. The court refused him possession saying section 21 defective and he appealed. We stopped paying rent to save up a deposit and we finally found somewhere to live and moved. In the meantime, moneyclaim came to court. Sum was increased from £5k to £16k and court gave him judgement despite no notification on increased claim before I got to court. I told judge I would have come to court to with counsel if I had known. I appealed and was denied leave to appeal, but granted an oral hearing. Meantime, landlord withdrew appeal to judgement on Section 21 and asked we make repayment proposal as we have 2 very successful businesses. He has had in his head for years that we have money just don't want to pay him. He has been telling me he will ruin my credit for years everytime I argued about rent increase, looks like he will shortly get his wish. I will have to sign on and claim HB to be have any hope of being able to pay next month's rent if I don't get a job asap. I need transcripts, but can't afford to pay as I am currently unemployed though not on job seekers, I need to send a bundle to court shortly in advance of hearing but only have a thin idea of it needs to go in. Any, all advice most gratefully received.
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Confirm that your LL has protected your deposit continuously, he should provide the evidence. He had 14 days to do it. If he didn't its the only technicality that get the order set aside. Good luck.
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Merry Christmas one and all!
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I have been writing to Natwes asking for my CCA and a refund of PPI. They have cancelled the PPI and reduced my payments but claim to have lost my records and can only provide 12 months statements and no agreement!! This account has been going for 5 years - original loan plus top-up 3 years later. I am still waiting for a response on the PPI refund. Any advice? thanks!!
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CL Finance claimform - Credit Card Debt Illegible CCA **WON**
mamatemi1 replied to mamatemi1's topic in Legal Successes
I thought I would share my experience on Friday in court. Claim brought by CLF for credit card debt. I asked for the CCA in April 2007 and we had extensive correspondence about them trying to pass of application form as agreement. I did not want to go to court but Slick123 and 42man advised otherwise. So I prepared a bundle following the instructions on here and checked the date of the T&Cs against the application form. Guess what T&Cs were not in existence at the date of the application form. CLF(represented by our good friends HC) did not show so the judge was quick to dismiss once I pointed out the discrepancies in the T&C and will give me leave to sue if they do not remove the default entry in my credit file. The entire process took under five minutes. Moral of the story, prepare and take all the advise you can from this site. If you follow the instructions and prepare, you are more than likely to win. I have been in court before, was totally scared and was unprepared and I lost. Thanks CAGGERS donation coming once I am off jobseekers. -
CL Finance claimform - Credit Card Debt Illegible CCA **WON**
mamatemi1 replied to mamatemi1's topic in Legal Successes
Thanks for the analysis guys. I put the standard defense that they did not provide documentation and no basis for the charges as no executed agreement with prescribed terms etc. The documents are in very poor shape. Application form, No credit limit, no rate of interest and current T& C attached not those at the time of the application. There are also charges included in the balance which I guess makes things a bit tridky for them. I am not sure if they will show up at court - i had to chase for the documetation they are relying on which is application form and statement of truth. Default issued whilst account in dispute etc... I had thought to calll and offer a deal but they have been so slow and on ballance I think I'll take my chances with the court, I'll probably be better prepared! -
CL Finance claimform - Credit Card Debt Illegible CCA **WON**
mamatemi1 replied to mamatemi1's topic in Legal Successes
I am back again, this time with CL finance on friday! The statement of truth ignores the extensive correspondence regarding the lack of CCA provision and they are still sending application form. I really would rather not go to court, I am on jobseekers and would need to pay for childcare! Please have a look, Image link deleted - card no. showing ! I would rather call and make a new payment arrangement if I need to. Thanks. -
Sacked while on sick leave!!
mamatemi1 replied to mamatemi1's topic in Employment and minimum wage problems
Quick note to close this thread. OH finally got a diagnosis and treatment in April at which point he resigned. He has been on jobseekers since May but I give thanks that he started work today. Nine months on one salary and now I am redundant! Should get work soon though. Thanks for your help. -
Sorry for the silence, things are a bit tough around here. The documents arre correct, it just took a year to produce them and judge did not accept that they had a case to answer for the delay. I got my judgement through the post and have to pay in full by 8th August which of course is not poss as OH is on job seekers and I was made redundant in june. How long do I have to apply for a variation on the order?
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Badly, hung around for nearly 3 hours and judge said 3 weeks was enough time for me to act on documentation( even though I waited a year for it!) and gave summary judgment in favour!
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Thanks guys!
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I requested my CCA for a barclay loan last Feb. This was not forthcoming annd I stopped my DMP payments in May. Barclays filed against me in October and I requested the CCA again. I was sent an unsigned copy 1 day before deadline 31st December. Called and spoke to someone at end of Feb informing them that copy sent was unsigned. Heard nothing except court stuff so filled in allocation questionnaire and have been sent docs for court on Wednesday which now includes a signed copy! Was made redundant last week on 4 weeks notice so only now able to look at this only have today and tomorrow to sort this out as I would rather not have CCJ while I am trying to find a new job especially as OH has been unemployed for the last 3 months. I thought of phoning Barclays and offering to re-instate DMP payment or should I take my chances in court asking judge that behaviour is unreasonable considering excessive missing of timescales to provide info? Ideas please asap!!!
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Sacked while on sick leave!!
mamatemi1 replied to mamatemi1's topic in Employment and minimum wage problems
Thank you sSdewinder. After the January debacle, he has been reporting weekly as requested. He has had 3 sick certificates 2 weeks, 2 weeks and 8 weeks which have all been submitted. They have given him SSP (not paid because of some story about cut off dates) apparently it is company sick pay he has run out of. We have done a letter asking for clarification within 7 days. I can post up if necessary. I am fortunate to have a colleague who can access union advise - there are no unions with his employer and I have let my union membership lapse ( I am a local government employee and concentrating on my pension!) Constructive dismissal anyone?!!
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