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damo696969

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  1. Hi There, Advice needed on argument with local council. I have always paid my council tax by direct debit, however last year the council made a blunder that resulted in me getting some bank charges. After this i decided to cancel the direct debit and started paying over the counter. If you pay over the counter payment must be made on the 1st of the month but by direct debit you can pay on 7th,14th,21th,or 28th. Paying on the 1st of the month is not always convenient to me. Over the last couple of months i have paid towards the middle of the month and have received threatening letters from the council saying I'm in arrears. Ironically I have been and paid this months payment today but came home from work to a letter demanding full payment of this years council tax!!! stating that im in arrears and if i dont now pay in full they are going to take me to court !!!, How can i be in arrears when people that are paying by direct debit have not even paid yet this month. How can they get away with offering 4 different payment dates for direct debit customers but only 1 if you don't want to use direct debit !!. Sounds like discrimination to me but i would like to know how they stand legally. Many Thanks Damo
  2. Thanks for that Janus, As soon as i get the information from the court i'm going to try and get the warrant of execution. I wonder if its too late to send them to my local branch instead of there head office. It would be comical for me as the mother in law works there!!!!!! Damo
  3. Hi All, Spoke to the court again !! today, the lady i spoke to said there have no record yet of my case being set aside. She is going to send me information out regarding enforcement action. She mentioned a warrant of execution. Does anybody think its worth me writing directly to A&L instead of there solicitors to tell them what i'm about to do it may just make them think about paying up or could it hinder my case if i do. Any help please Damo.
  4. Hi All, Rang the court today for latest update, The slimey gits have applied for the judgment to be set aside. The guy i spoke to said there was no word yet from the judge on his decision. If they do get a hearing im wondering whether i would be better to go represented. I found it easy enough so far but being at a hearing with some slimey git representing them would send me to pieces.
  5. Hi, What does set aside mean and what are the grounds for this is it like a stay.? Damo
  6. Hi All, I have just returned from holiday to letter from the court, I now have my judgment !!!!!!!! Its dated early november and says A&L have 28 days to pay up,the ironic thing is it says if they don't they will be registered with credit reference agencies and they may find it hard to receive credit in the future. What is my best course of action now do i sit and wait the 28 days or should i contact wragge/co or go direct to A&L and ask for my money. I was thinking about going direct to A&L but don't know who i would need to get in touch with. Any help please Damo
  7. Hi Pjness, How did you get on at your hearing.
  8. Hi pjness, I have been in a similar position, I was given a court date and court order to follow as were Alliance&leicester. I complied with the order set out by the court but alliance and leicester failed to do so instead they waited until about a week before the case and applied for a stay. The stay was granted and the court case cancelled. I then appealed against the stay on the grounds of morals. I stated that A&L had failed to compy with the order imposed on them by the court and by doing this then applying for a stay at the last minute showed a complete lack of respect not only of the judge but of the whole court process and how it works. I have now received a letter from the court saying the stay has been lifted, defence has been struck out and i can now file for judgment. Hope this is of some help Damo
  9. Hi jansus, It does not mention on the form anything about %. But i have been working on the basis of 8 %. The last update i did was in august to comply with the court order. Unfortunately i didn't use the sheet on here to do it, but looking at it i think i will be able to copy/paste mine on to it to get an update. I wasn't aware that banks could get a judgement overturned so will be keeping my fingers crossed. Do you Know what happens next do i need to send a copy of the letter from the court and my claim for judgement to A&L solicitors or do the court sort that out ??? Damo
  10. Hi all, I wrote to the court asking for the stay to be lifted, I stated that A&L had not complied with the court order imposed on them and if this was allowed to stand it would show a complete disregard for the court process and what it stands for. I have now received a letter back from the court agreeing with me. It is ordered that the defence be and is struck out and i may enter judgement.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! They have sent me another form to claim judgement, can i now recalculate interest owed up to the date of this order ??
  11. Hi All, Due in court thursday, but not had anything from court regarding my request for judgement. Decided to ring them again this morning to find out whats going on, Feeling pig sick now my case has been stayed pending the test case. How can they do this when it clearly states on court order that if any side fail to comply with it they will be struck out without further notice. Alliance & Leicester did not comply with this order, I spent a lot of time filing and serving my documents but Alliance didn't bother doing there's. The whole makes a mockery of the court. What is my next step i get the impression i can apply to have this lifted but would be waisting my time in doing so. !!!
  12. Hi Nicky, Thanks for your reply, you really know how to kick a man when he's down, only joking !! still have not received anything from the court. Will give them till friday then ring again. Do you know what set aside means is this the same as a stay.
  13. Spoke to the court today, They say that because alliance didn't comply with court order there is a good chance the judge will not grant the stay. And they have also received my application to request a judgement. Will hear early next week the outcome. Poppynurse has written that if an judgment is given the bank could apply to have it set aside, What does this mean for me is this the same as a stay. ? Anyway feeling a lot happier and a bit more confident today.
  14. Latest update, Now due in court in two weeks time, I submitted N225 form to court asking for judgement because alliance failed to submit papers to court. But now i have received letter from wragge and co saying they have applied for a stay because the OFT say all cases should be halted until the outcome of the test case. Can they do this at such a late stage even though they failed to adhere to court order and if so what does it mean for me is there a way i can apply to have it removed. Any help appreciated, gonna ring court on monday
  15. I have now got the N225 form in front of me but im a bit unsure about the interest section. My original claim back in april was for £3037. plus interest at 8% which gave a grand total of £3362. On the form i have to recalculate the interest up to today so do i calculate 8% of £3037 or 8% of £3362.
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