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Everything posted by kregrs

  1. When she does an income and ex plan, considering the debt is in her name , is it just her income that is required? We are not married, she does not work but receives Child tax credit and child benefit, and pays various bills and household costs, shopping etc. I have my own income,(work as hgv driver via own limited company), salaried at £220 per week, and cover rent and council tax, car repayments, insurance, tax, fuel etc.
  2. The letter is from a firm of solicitors, will check the name when I get home. The notice is from our loca county court. She hasnt checked her credit file yet.
  3. My partner has just had the above come through the door, she had had a letter from some solicitors a few weeks ago, but it was misplaced, mentioning previous court hearing, but honestly that was the first she had heard about it. now this Notice has come through the door, demanding £850 before the 1st May 2015, which we cant do. Until this dropped through the door, she was unaware of any court action (solicitors letter was 'found' in kitchen unopened earlier), what can we do? She is terrified of them turning up and taking goods, also we have a 4 month old baby, so could do without the stress. The money is owed to Cabot, for a debt bought from JD Williams, what is her/our best course of action? If, as she claims, she had no knowledge of this previously , can it be returned to the court etc?
  4. I'll scan the letter in the next few days. Proserve have the same deal with Ransomes on Ransomes Euro Park in Ipswich. In one of the links above you can see the result of appeal of Ransomes vs Anderson, Ransomes effectively lost. Over the last few days, emails have been pinging back and forth between Proserve and myself, with the last one from me making mention of the Ransome loss in court, and suggesting that if I was to pay anything, it would be the reduced sum of £60, or possibly even £20. Below is their reply - "We are fully aware of the recent appeal case, in which HHJ Maloney overturned the lower Courts decision and awarded Judgment against Mr Anderson, for his unlawful act of trespass. We are waiting for receipt of the Judgement, which is currently being approved by HHJ Maloney, a soon as it is available it will be circulated. We are fully aware of the various internet forums which are deliberately misleading people with the effect of that Judgement. I am satisfied the statements you are making in regards to the recent judgement have clearly been obtained from such forum posts. During the recent Hearing HH J Maloney stated “I suspect that the issues that are raised about trespass, and whether the notice operates – in trespass terms you do not have to prove notice of trespass because trespass is trespass, it is only relevant in trespass as a notice giving rise to a certain measure of damages”. Our clients sites effectively do not have to have Warning notices in place other than Warning Private Property, however our clients choose to give clear warning to tenants and visitors by erecting numerous warning signs, accompanied by double yellow lines. During the hearing HHJ Maloney also stated the claim was not a parking case. The £60.00 damages awarded by HHJ Maloney was the minimum he could award, he stated it was not a precedent. The effect of the recent judgement was not binding on the lower Courts, however it is persuading. We are not aware of the details in regards to the Parking Eye v Beavis case, other than Parking Eye issue Parking Charges, where as our clients do not. Yours faithfully" Incidentally, would I have actually trespassed? I parked on their site in order to use the shop and the toilets, all the HGV spaces were taken, with the pumps, a truck wash and a cafe also on the site you can appreciate that vehicle movements are quite high, and with the dedicated spaces taken, trying to park 50ft+ of vehicle so as not to cause an obstruction is quite hard, hence why I ended up stopped against the fence.
  5. I was stationary for the grand total of 6 minutes. As I understand it, it wouldnt be Proserve taking me to court for trespass, it will be the landowner, having already paid Proserve £250 for the pictures, which then becomes the damages. They have confirmed that it is trespass and not a parking charge that their client will be pursuing. I've been doing my research into Proserve on the net, and seems all is not good for them. I'll scan up the ticket as soon as I can on the pc.
  6. I work as a freelance HGV Driver, I work at various local haulage companies in Ipswich and Felixstowe, as and when needed. On 14/10/14 I was driving for a local haulier and stopped at the BP garage on Anzani Avenue in Felixstowe. As all the HGV spaces were taken, I stopped against the perimeter fence, and went in to the shop. The vehicle I was driving was on hire to the haulier. On Tuesday, the haulier received a notice from Proserve, informing them that they had been identified by the hire company as having the vehicle, along with the usual paperwork they send out. I have asked the haulier to supply my details as the driver, as a) they were going to pay and look to me to reimburse them, and b) they are afraid of the rumours of Proserve managing to get them blocked from entering the dock area. They have agreed to do so, and I am just awaiting confirmation this has been done. So, once this has been passed over to me, how do I deal with the matter? In the notice it states that I committed trespass, asking for £250 damages, reduced to £180 if paid within 21 days of 21st November, standard Proserve Enforcement Solutions waffle.
  7. I may be able to offer a ray of hope here. I was in a similar situation 3 years ago having applied for my HGV provisional, in the end the application took just over a year due to some health issues. However, if pushed, the DVLA will produce a letter detailing licence categories, dates held etc, which can be used in the interim. There is a name for the letter but I can't remember what it is. Also, official complaints do work...
  8. Just thought I'd add my bit to all this. For the last 3 or 4 years my car insurance has been finance through Creation, and on the occasions I have missed payments I have been charged £25 admin fee and £3 for payong via debit card. Now my insurance is due for renewal, and the quotes are now low enough that I can pay the policy in one lump, thus removing Creation from the mix, maybe I should start claiming these charges back. Are the charges for paying via card claimable as well?
  9. I don't wish to be awkward, and I'll provide links when I can get on the pc, but there are a few members on another forum that I frequent, who will disagree with you on those points. Of course, if you can point me in the right direction as to where it's stated that to do so is illegal, I can pass it on to them. I don't think they were meaning putting a cat A car back on the road, but certainly cat B.
  10. When you say 'when the lights went green' do you mean you actually waited until.they were green, or did you pre empt them and go on red/amber? My reason for asking is that I drive an artic. When I took my test last year, I was taught that on approaching the lights on green I ease off, and there becomes a point that I make a decision to stop or go, in relation to my vehicle and the distancce to the lights. If I pass that point and the lights change, I dont attempt to brake and stop, I carry on, with caution, even if that means the lights have changed to amber and then red, there is no way that I could hope to safely stop the vehicle. I even had it happen on my test, went through a set of lights on amber. My take on the situation is that this scenario has happened to the lorry, you have seen your lights start to change, pulled away and not checked to your right, and the lorry has collected you as you enter the roundabout. Just a final word of warning, be sure that the version of events you give is true. A lot if lorries now have dash cams or cctv fitted. Too many claims going in favour of the car driver etc due to lack of evidence, or so I'm told. Finally, that vehicle is a rigid, not an artic, as you stated. And the forklift is a Moffet.
  11. Not strictly true. I was disqualified in 2006 for 15 months, when I reapplied for my licence it came back the same as before, I had not lost C1 entitlement. The rules surrounding licences are strange, when I had a heart attack 3yrs ago, after 3 months the DVLA said it was ok to resume driving, including a C1 category vehicle. Yet if I had had a medical to get my C1 (have it through grandfather rights) then I'd have to have fitness test to be able to drive it, as I did for my C provisional.
  12. Having explained to the agency about this 'invoice', they're in the process of asking the haulier to do a chargeback, and to pass my details on as the driver. It might be a minor detail, but the alleged 'offence' was on the 02/12/13, no ticket as it was captured on cctv, letter to haulier requesting details or payment is dated 23/12/13, so 21 days after it happened. From reading other threads on here, shouldn't this have been within 14 days?
  13. So, bearing in mind all whats been said above, would this be an option? As I don't want to be losing out on any work, I don't want to be causing waves at the agency. Likewise, the haulier won't want to be out of pocket. I'm assuming this would have been paid on a debit/credit card, so a chargeback is a possible option for the haulier? Then my details can be given and I can contest this and hopefully come out on top.
  14. My contract is (was) with the employment agency, I had no contract with the haulier, although I'll consult the agency on what the deal is... So as they've paid it, I just have to lump it and take the hit? Today was the first I knew of this, I haven't been given the opportunity to contest this, despite the haulier knowing my name and address.
  15. I'm a freelance HGV driver, now self employed but at the time of the alleged offence I was paye with an agency. It was brought to my attention today that I have started paying, through deductions on my invoice, for a parking ticket I allegedly received whilst working. On questioning the agency, it seems that the client I was working for have paid the ticket, and I'm expected to reimburse them, although I am not happy and wish to contest the ticket. Is this possible, considering I am alleged to have been the driver on the day but I am not the vehicles keeper and the fine has been paid? Now, some details. The ticket was issued by Proserve Enforcement Solutions, allegedly at 15:08 on 02/12/13 at BP Service Station, Anzani Avenue, Felixstowe. There is no mention of what offence I am supposed to have committed, bar a mention of the vehicle having breached the landowners terms and conditions by parking/waiting/stopping without due authority or permission. Furthermore the vehicle committed an unauthorised trespass. The charge is £300, or £180 if paid within 14 days. There are cctv stills of the vehicle (44t Artic and trailer) parked at the back of the garage on double yellow lines, these images seem to have no time or date stamp, although the copy I have is photocopied and I have asked the agency to forward the email with clearer images to me so I can check those. For anyone that knows the site, there are circa 16 parking bays for HGV, along with pumps for both car and hgv, with a truckwash on site and small cafe and toilet block. The site can get very busy during the day, and its not unusual to find all the hgv bays taken, which isn't much help when you're close to running out of time and need to take a tacho break, which may have been what happened here. To be honest, I cant remember, and until I can check my digi card and do a printout for the day in question, I won't know. Google maps image of the service station, the red squiggle being where I was parked. The current situation is they allow 2hrs free parking, after which you must pay, and you must park in the marked bays. There are enough signs dotted around the place mentioning this. So, your views please? Can I contest, being that I was the driver but the haulage company have already paid and are looking to recover the money from me. It is mentioned on the notice that the name and address of the driver is unknown, and that the keeper may pay the charge, or pass on the details of the driver for them to contact me, and that they have 28 days of the date of service of the letter to pass on my details or pay the charge or they themselves become legally liable for the charge.
  16. Thank you for your call this morning, I forgot to mention its not just our postcode we have issues with, on a comparison with my Virgin contract, it is near enough everywhere in Ipswich.
  17. Having spoken to the friend we were with, ruled out the phones being at fault. They're using a 2g signal. Also having spoken to friends locally on Vodafone, its not a recent issue, its been going on for months. I'd also like to know, when taking out the contract, unlimited calls and texts and 2gb data with a promotional offer of an extra 4gb so a total of 6gb, on my online bill it only states 2gb, where's my other 4gb gone? It seems to me the best resolution to this would be to cancel this contract and go elsewhere, I know the Vodafone rep is going to look in on this, but so far Vodafone have refused to acknowledge this as an issue, and keep pointing me to the only way out of this for signal issues is if service is lost for 7 days or more, which it hasn't been. Can anyone advise as to what the situation is regarding paying for a service which I'm not getting, namely 3g, 4g when available, but having to switch the phone to 2g to be able to use the network? Defies the reasoning behind having the handset, LG's flagship smart phone.
  18. Having travelled 30 miles away today to a different town, sitting in a house with another Vodafone user who is getting a full signal, yet my partner and I have just 1 bar of signal. What are the chances of it being an issue with the phone? From what I understand, Vodafone don't offer the LG G2 as a phone, it was CPW who 'pushed' the phone as an alternative to an S4, and after todays experience, its got me wondering if it might be an issue with the handsets? And if this is the case, would we be looking to CPW to take the phone back and issue a different handset? Do we have any rights here?
  19. Approx 2 weeks ago I took out a 24 month contract with Vodafone via The Carphone Warehouse, along with a LG G2 handset, having previously had a Virgin Media 24 month contract. Since starting the contract (incidentally, my partner also took an identical contract and phone, with Vodafone and has the same issues as myself), the signal has dropped off, to the point that it is impossible to make calls using the 3g service, and Vodafone can only suggest we stick to using a 2g service. Having spoken to CPW, who were unwilling to help and pointed us to Vodafone, we have been, for the past 3 days, fobbed off with various excuses by Vodafone customer services, each time assuring us of resolution of the issue the next day etc. It is not only calls that were are unable to make and receive, we are unable to use any data services at home, and extremely patchy coverage when out and about. Having checked the coverage map, it shows our postcode as having good 3g signal, both indoors and out, and customer services initially deny any issues, although when pushed they always come back with "an issue has been identified in our area and the engineers are resolving it in the next few hours", this has become their daily excuse, but it is never resolved, and, having checked various forums, it seems it is an ongoing problem in various parts of Ipswich, since before Christmas 2013. What can we do? we don't want to be tied into a 2yr contract if we are unable to receive the service we are paying for, but Vodafone are adamant we are unable to terminate the contract, and that the 1st 7 days of the contract was our cooling off period, and that by continuing to use the service we have accepted the service and are now stuck. Just out of interest, our Virgin Media contracts, we always had a 3g signal, and never had any issues like this. I personally took out the contract as I have just started my own business, and I am losing work because of these issues. So, what can be done? Our treatment as new customers has been disgusting, this isn't the service we are paying for. Can anyone help?
  20. Today we received a letter from Moorcroft stating that they are collecting a debt for Anglian Water. The bill itself actually stretches back over the past 5yrs, the majority of which I have been unemployed and £11 per fortnight was being taken from JSA to pay towards the debt. We have been in our current property for 3yrs, at the end of 2012/beginning of 2013, while having some remedial work carried out, it came to light that there is an issue with our water meter, being that it seems that our supply is connected to next doors meter, and vice versa, and owing to a dispute between the local council (its a council house) and AW over who initiates the process for solving the problem, the meters are still mis-connected, and ever since we have been on estimated bills. Now, considering that for the best part of 2 years, for all we know, we were being charged for next doors water usage, would we have grounds to dispute the amount they are claiming we owe? And if so, what is the best way to go about it?
  21. From my own experience, I would avoid using an umbrella company, and instead take any help and advice with going limited. I'm a class 1 (artic) driver, and have worked for an agency in the past who only paid via umbrella. While it might seem an attractive way of getting paid, would you be happy to pay 5% of your gross to the umbrella as a fee? My main gripe with them was I only worked 1 or 2 weeks for that particular agency, and although I was paid on time etc, some 4 months later, having not done any more work for them, I had a letter from HMRC telling me my tax code had been changed by the umbrella, and that they had told HMRC that they were my main employer, which was completely untrue. I did speak to the umbrella at a later date regarding going limited, which they would have been all too happy to arrange, setting up company etc (all things you can do yourself) for a fee, charging me 5% of my gross again, and a further % to be arranged to be put toward an accountant (of their choice, not mine), again something you can easily arrange yourself. One thing to ask yourself, if still working for an agency, will you be better off? With driving agencies, they tend to pay an average of £1 hour more on standard pay, and a slightly larger increase on overtime, to make it look more attractive. Will you be working solely for the agency? Or finding your own work at a later date? I'm considering going limited myself, with a view to using the agency for work in the early days (I only passed my test 6 months ago, but have over 15yrs commercial driving experience) then slowly finding my own work. It would also serve as a good base for my ambition to become an owner driver. In the meantime though, having done my sums, it looks as though I will be better off going limited, this week alone, if I had been limited, my earnings would have been up by a couple hundred £. All in all, if I were you, I'd take some time to mull over the pro's and con's of going limited, and avoid the umbrella like the plague. As an aside, I don't know what agencies are like in your trade, but with driving, there seems to be a lot of agencies out there, many of whom don't have the work they claim to have. And they especially hate losing drivers to rival agencies. If you go limited, and as long as you know you're good at what you do, when they offer you your 'rates', there's no reason why you can't haggle over the rate, after all, they'll still be charging the client the same, albeit with lower outgoings for yourself, hence more profit for them. Why shouldn't they share some of that with you? They're probably not the only agency in town, and sometimes it doesn't hurt to remind them!
  22. As I understand it, to carry large quantities you would need an ADR licence, various categories, ie, liquids, gases etc, but for limited quantities, which 10 litres would probably fall under, no ADR is needed.
  23. I'm not sure this is a recent thing, any reference to Welcome disappeared from my credit file last August (2012), along with the car that was financed by Welcome and seriously in arrears, being removed from the HPI register.
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