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nicklea

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Everything posted by nicklea

  1. I just reported the post about 5 seconds ago and already somebody from the site team replies - wow. Although, realistically, it looks as though me reporting it must have crossed with caro's post
  2. First of all, just a quick little question. Your name and current address is held with the Land Registry as being the owner of that plot? If that is the case then, at the moment, you have nothing to be worried about. If you read the relevant Act then there are strict rules about how notice must be given. It is similar to a lot of landlord and tenant legislation in that notices must be delivered personally or by recorded delivery or actually affixing it to some conspicuous object on your land. This is the relevant section from the Act, it was linked to above:- I would s
  3. lainey, I would strongly suggest that you also join mumsnet - if you are not already a member - and start a new thread there as well on this topic:- http://www.mumsnet.com/Talk/legal_matters There are an awful lot of very knowledgeable women there who will be able to give you the best advice. There are many people on mumsnet who have been in the same situation and will be able to give you very practical advice on what you can do.
  4. Not too sure whether to post here or start a separate thread. A friend of mine came to me for some help. If it was anything to do with the County Court then I wouldn't have had any trouble helping him but this is to do with the magistrates court so I'm a bit stumped with this one. This is actually a question about unpaid court costs rather than a fine. Several years ago he was a bit naughty and received a community service sentence and was ordered to pay costs. He did the community sentence but never paid the costs - he claims that he forgot about it. Anyway, he recently
  5. This guy really can be quite dangerous if you listen to his advice. A couple of things that he's got wrong:- 1. The above case refers to the Gaming Act 1968 which was repealed by the Gambling Act 2005. Although, the new Act does contain similar provisions to the previous act with regards to granting of credit. 2. However, the big difference with the 2005 Act was Section 10:- (1) For the purposes of section 9(1) “bet” does not include a bet the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2
  6. No problem. Although it is a far from perfect system, I would much rather spend the money and get top class representation rather than risk being found guilty of something.
  7. Things are a bit different when it comes to the criminal law. Your friend needs to speak to their legal advisors as they will get a refund but they need to apply for it. http://www.legalservices.gov.uk/criminal/criminal_legal_aid_eligibility.asp
  8. Although these are perhaps not directly relevant to your case they may help:- http://www.consumeractiongroup.co.uk/forum/showthread.php?291412-Cabot-Court-Claim-Received&p=3286545&viewfull=1#post3286545 http://www.consumeractiongroup.co.uk/forum/showthread.php?178915-Defence-required-for-Claim-form-Barclaycard-CL-Finance-Howard-Cohen&p=2128560&viewfull=1#post2128560
  9. Please don't take any notice of any courts that a creditor puts on a SD. At the moment, no court knows anything about this. This is just a piece of paper that they have printed off and filled in your details. It is NOT a case of getting it ''moved'' to your nearest court - it hasn't been anywhere near a court yet In fact, it is YOU that will be commencing court proceedings against them. So, if you choose to get this set aside then you just fill in the details of your local court that handles bankruptcies.
  10. Carlyx, Just very briefly, what the police meant is that the DEBT is a civil matter. Threats to kill are something very different indeed, as evidenced by armed policemen turning up. A conviction of making threats to kill will often end up with a prison sentence - even in the magistrates court - especially if there are aggravating factors. Aggravating factors include:- repeated threats:- did this person threaten to kill you more than once? vulnerable victim:- you say that you were previously sexually groomed by this much older man when you were 18 victim needed
  11. If you have failed to get the SD set aside then the creditor can apply at any time for a bankruptcy order. However. I would suggest that it is unlikely unless it is for a large sum and you have a large amount of equity in your home.
  12. If you see the link I gave above, form 6.5 is a witness statement
  13. The above is not correct. They have purchased these three debts and so there is no reason why they cannot claim the full amount that is owed to them. alibibsy, You need to download forms 6.4 and 6.5 from here:- http://www.insolvency.gov.uk/forms/englandwalesforms.htm
  14. You can only claim damages for the full amount if you have received no benefit at all from the goods. You have received three years benefit.
  15. I would, tentatively, suggest that it covers situations such as those under s65(1) where a debtor may well consent to repay against an improperly executed agreement without the necessity of the creditor having to get a court order. Effectively, a debtor is allowed to agree to repay a debt with an improperly executed agreement. There may well be other parts of the Act that this affects as well.
  16. If you are a homeowner then they will apply for and probably get a chaging order. This would mean that this debt wouldn't be included in your bankruptcy.
  17. No, that is wrong. If they did not send you a correct DN then they cannot terminate an account that is in default. There is a lot of discussion on here from people that have a lot of great theories but they've never been in a court with them. If you tried it you would very much be a guinea pig for these people's theories, I would suggest. But please feel free to follow any advice that you wish.
  18. Yes they can still ASK you for repayment. Also, if they manage to send you anohter DN that is valid then, I would suggest, they will be able to start another claim as the facts will be different - this time they HAVE served you with a valid DN whereas last time they hadn't
  19. If you are succesful in getting it set aside this will put things back to the begining - as though they had just issued the court claim. This will give you the chance to defend yourself properly. I would suggest that you do contact everybody to find out the situation. However it is generally best to contact Optima only in writing as they will try very hard to get you to pay them some money in they talk to you on the phone. Just one final point, MBNA also do a lot of branded credit cards for other people - like the Cats Protection League for example. So there is a remote possibilit
  20. Sorry, can I just confirm my understanding. You have never had a credit card or loan with MBNA and neither has anyone else who was a joint owner of the property? EDIT Just to add, where you say:- The lender you're referring to above is MBNA I take it?
  21. Insurance companies do try anything to get out of paying. I would suggest that you first make a written complaint to the insurance company, stating what has happened and the evidence you have to back up your claim eg crime number etc. You then need to exhaust the companies complaint's procedure - in other words until they say in writing that they definitaly will not pay you. After this point you can take it up with the financial ombudsman serivce. However, the first thing to do is to make a written complaint to the insurance company - don't listen to some nobody on the telephon
  22. Witness statements don't necessarily need to be provided straight away and they are allowed to do a Reply to Defence which addresses any points that you raised in your defence.
  23. Ok, I've just managed to find your two previous threads here:- http://www.consumeractiongroup.co.uk/forum/showthread.php?282965-can-i-litigate-against-a-training-provider and here:- http://www.consumeractiongroup.co.uk/forum/showthread.php?294886-specific-performance It would have helped a lot if you would have mentioned these two threads before. Given what you have siad on these two other threads I would suggest that it is very unlikely that you will get anywhere with a claim under the Race Relations Act and I really would suggest that you concentrate on any othe
  24. pop gun Is this anything to do with your train 4 trade thread? If it does then it is a vocational course. However, you can only bring a discrimintaion claim to the Employment Tribunal. If you have any other issues you must do that in the county court. You need to split out the discrimination aspect from the rest of your dispute with them.
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