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PI Guy

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Everything posted by PI Guy

  1. North Outer Zone? And where is that on the road? I am very certain I have never parked on the road although I do use it often as a rat run.
  2. Have a small problem. I received a PNC via camera enforcement. I have two issues with it 1 - I dont recall being parked on that road on that dat at that time. 2 - It says the place as Whitehorse Road @ NOZ Does anyone know what NOZ is?
  3. Since you are at the BP stage there's no point discussing what should or shouldn't have happened at the SD stage. The BP should have been served personally! If they were unable to do so, then the process server should have a sworn affidavit spelling out what efforts they made to serve it personally and a request to the court for alternate service via letter boxing. Once that request was ordered by the court then it can be served by letter boxing it and a further affidavit would then be sworn saying so.
  4. To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible. We have listed quite a few valid reasons below. Were you given 28 days notice in order to pay? Were you living at the address when the summons and judgement took place? If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons. Did you receive the summons? They are not sent by recorded mail. Maybe you were unable to attend court and defend yourself. The judgement should not appear on the credit files if it was paid up within 28 days. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement. If you did not receive any notification of the judgement/s made against you, then you can appeal. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount? Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons? It could have been that you were away from the time between the issue of the summons and entry of the judgement? Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you? Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?
  5. I've seen it too and both the SD and BP were served correctly. There's no avenue to set aside at all.
  6. yeah they're 4th on the list. Always research before buying i say
  7. I just ran a search for insolvency on the law society website for chester and found 50
  8. find another one. You can search for solicitors using the law society website
  9. You really need to find a solicitor who can go through all the options with you and then you need to take their advice.
  10. if the letters are not for you just ignore them.
  11. How to have a Statutory Demand (SD) set aside There are many creditors who are issuing Statutory Demands (SD’s) inappropriately i.e. as a threat only and have no intention of going the whole route of making someone bankrupt. I have therefore set out a step by step guide to defending yourself from these types of threats. Now in my job as a Process Server, I serve a lot of SD’s and people generally have a misconception that they can avoid or evade being served. This misconception clearly comes from the influence of American movies where you see the process server attempting to serve the person who refuses to receive it in their hands. In England, it is generally impossible to evade service of a SD and if a person is being evasive then we simply send them a letter of appointment via 1st class post and serve them through alternate service i.e. by putting the SD through the person’s door or even leaving somewhere and informing the person of where it is and what is on it. Alternate service is just that, some other way of serving the document and I have known documents being served by publishing it in the local papers or taking out an advert. Once the SD is served, generally a statement of service is written and signed by the Process Server So what is an Statutory Demand? A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgement is not necessary. The link here is a PDF of a Debt for Liquidated Sum Payable Immediately and also Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court and Debt Payable at Future Date So that’s what they look like. Lets look at the common strategies for dealing with them. How to reduce the risk of bankruptcy following a statutory demand? (a) To avoid bankruptcy reduce the debt to less than £750. (b) Offer to pay the debt by instalments. © Make a reasonable offer to settle the debt. (d) Apply to have the Statutory Demand set aside on the grounds that the debt is in dispute. After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy. To successfully get a statutory demand set aside one or more of the following must be satisfied:- * The amount stated on the statutory demand is disputed. * The person issuing the statutory demand also owes money. This is called a counterclaim. * The person issuing the statutory demand is holding security that equals or exceeds the amount owing. * The demand was issued in error. * The amount owing is less than £750 * Execution has been stayed on a judgement debt. * The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back. * The creditor failed to comply with the rules and prejudiced the debtor in the process. Step 1 - So the best way of dealing with an SD is to accept the SD because it has lots of important information that you are going to need. Step 2 - Read it carefully and decide if the particulars are correct. The debt has to be over £750 and not in dispute. Step 3 - Write to the person named in part B of the SD informing him/her that the debt is in dispute and say why. Step 4 - Print out an Application to Set Aside a Statutory Demand and an Affidavit in Support of Application to Set Aside Statutory Demand which you must fill in and present at the court within 18 days of being served. I would have a read of this thread over at the Consumer Action Group which has some very sensible advice too. And that’s the process. If you have any doubts about how to do this then I would strongly recommend consulting a Solicitor.
  12. I still don't understand why you owe them any money? can you explain a bit more?
  13. That will depend on the companies disciplinary procedures. read them carefully, your answers will be there.
  14. Very odd indeed. Start keeping a diary and consider a grievance. This is starting to sound like they want to get rid of you.
  15. Not all my posts, just think it's immoral to advice people to lie and cheat in order to get away with committing a crime. Just my opinion of course.
  16. I'm not passing judgement, I'm discussing various aspects of the case. Maybe you can save your remarks for someone who cares.
  17. She wasn't let off with a caution. A caution is an admission of guilt and will remain on her record.
  18. It is lying. Also most application forms have a section on convictions. Wonder what she'll put there.
  19. Correct! That's exactly what we used to do except we would do it at the end of the investigation interviews (if the evidence supported it). That's what happens when you steal. It's extremely unlikely that any appeal would succeed.
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