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JSS

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  1. Hi everyone. I haven't been on tis site for quite some time, but I have a bailliff issue. 3 months ago I moved into a new flat, naturally I got mail from previous tenants, one of which I recognised immediately as a bailliff letter addressed to one of them. It stated the usual stuff about enforcement and collection of a council tax debt. I ignored it as it was not my debt. I spoke to my landlord and he told me that the tenant concerned had moved out 5 years previously and that I he had tried to contact the ageny (Rundle & Co) with no reply and should just ignore the letters. I know that a company should get a county court judgement before threatening seizure of goods and I am on the electoral register at this address so I can prove that I live there alone. Today, after returning from work in the post was a hand delivered letter saying that a bailliff had arrived with transport to seize property and would come back within 48 hours. I have several questions 1. Is this just a bluff, or are they serious this time? 2. Am I under any legal obligation to contact them, even though the debt has nothing to do with me financially but it is my flat and possessions that are being threatened? 3. Very important!!! Whose job (if any) is it to prove that a previous tenant whose debt it is is no longer living there? I can prove that I live there but as to a previous tenant, how do you prove a negative? If my landlord had no joy with them what chance do I have? 4. If this is actually for real and they do come, the flat I live in is on the ground floor of an old hotel converted into flats. There is a communal entrance shared by the eight occupants. Often the communal door is not shut properly by other tenants so in theory a bailliff could just walk in and be at my actual flat door immediately. In law with whom does the communal door belong should they decide to enter by force? 5. I refer you to an article on exactly the same subject that appeared in the Daily Mail a few weeks ago. Ann Widdicombe MP had rented out a property of hers to a tenant who later left and was threatened with action from a bailliff for an unpaid debt. According to her article she attempted to contact the bailliff with proof that the person was no longer living there and their new address, she even mentioned who she was but she was ignored. As far as I know she has still had no success with this bailliff issue. I am sure this situation is common for people moving into new properties and would appreciate any advice on my questions. Thanks John
  2. With regards to claiming for hardship. I will be unemployed as of next Monday. I have a stayed claim with LloydsTSB. Who do I get in touch with regarding a hardship claim? Would it be Sechari Clark & Mithcell, the solicitors acting on their behalf? Or Lloyds TSB itself? If it is Lloyds TSB then which actual department. Because I don't want them passing the buck around various "departments" trying to stall any claim. Any advice wouldb be appreciated. JSS:confused:
  3. 7TH SEPT @ SLOUGH COUNTY COURT 2PM All documents to be presented to the other party and the court 14 days prior, ie the 24th August. Nothing from SC@M before other than their standard defence. On Saturday I received a letter from SC@M (dated Aug 30th) saying that they had asked the court for a stay. I have just sent a letter this morning to the court asking for the court to refuse the stay, as I believe it contravenes Article 6.1 of the European Convention of Human Rights. Anyway the document bundles from both parties were due in on the 24th August. Was their letter asking for a stay technically a breach of the time limit? If so then would my letter to the court also be a breach of the time limit? Even with the mitigating circumstances? If the court does not accept my letter then I will just have to try and argue the points in court.
  4. Due at Slough County Court on 7th Sept. Just received a letter from SCM this morning. The gist is that they have written to the court asking for a stay (they have enclosed a copy of the letter to the court). Included are the details of the impending OFT case. The last 2 paragraphs read "We are sending a copy of this letter to the claimmant and will be seeking his/her agremeent to the stay . In view of the very short time before the designated hearing ( a result of recent developments) it may not have been possible to obtain that. Unless the court grants a stay of its own motion before the hearing date (which we respectfully request), our client intends to be represented by counsel who will be able to assist the court in any way they can. Bearing in mind the impending hearing date, we would be most grateful if you could communicate the courts response to us. Some questions: Is the court going to let me know whether there is going to be a stay? If I hear nothing do I go to court anyway on the off chance that there will be a case or to be told that a stay has been granted? Is it just a bluff by SCM that if the case goes ahead they will be represented? Given that they know as much as me as to whether there will or won't be a stay given the short time scale available will they even have enough time to arrange one? This is the only communication I have had from SCM since they sent me the standard defence in June. I have no idea whether they have sent the court their bundle. They haven't sent me anything. I cannot contact the court as their number seems to be unobtainable. So it is just a case of turning up and a case of wait and see. This uncertainty is a little unsettling. Any advice or similar experiences would be appreciated. Thanks JSS
  5. Hi everyone, good luck to those who are due in court soon and well done to those who still got money. I have a bit of a dilemma. 2 weeks ago I sent off my bundle to the court and to SCM. Have heard nothing from either since then. My case is on Sept 7th at Slough County Court. I have been on holiday and only came back yesterday. I have seen a template of a witness statement on the site. Obviously I have passed the 14 day cut off date for document presentation. Have I messed up? I have all the other documents that have been recommended. Has anyone else had a case at Slough recently? How did it go? What should I read, if anything into the silence from the court and SCM? Any help would be appreciated. Thanks
  6. Customer Services: 0207 785 7654, Soon Changing To 01733 347 007, Or 0500 179 050 I Think The Last One Is A Freephone Number. Phonebank Express Helpline 0500 758 009, Or 01633 759 430. Plus You Will Get To Speak To A British Call Centre Operative. Hope This Helps.
  7. Thanks Josie8. Regarding the terms and conditions, I will try to find them, I don't expect I will. I was a TSB customer beforte they merged with Lloyds in 99. So which terms & conditions apply here. I certainly wouldn't have the TSB terms & coditions from when I joined them in 89! If I don't manage to find any would there be any one out there who may have a copy?
  8. just been reading the horror story from seanamarts. My mother is being chased by her council for council tax arrears. Bailliffs have sent acouple of threatening letters. Luckily there is a lawyer who volunteers at her local Citizens Advice Bureau that is dealing with her case and has put them off for now. Regarding bailliffs entering the premises. If a door has a chain as does my mothers and it is opened with the chain on, what is the legal status of the door? Is it open or closed. Has anyone ever successfully sued a bailliff and got money/goods back?
  9. just been reading your horror story. I'd bet my life savings (if I had any) that this "bailliff" has a criminal record!! Could be worth finding out. Wish you all the best. Keep everyone updated.
  10. If you don't like using 0845/0870 numbers try the following website saynoto0870, this gives landline numbers for most 0845/0870 numbers. Very useful for banks and other financial institutions. Some even have freepone numbers!!
  11. Hello everyone. I am new here and have some questions I hope you guys can help with. I have a claim against LloydsTSB that I filed at Slough County Court on June 11th. Lloyds TSB had filed a defence of course. Last week I received a letter from the court stating that the case had been allocated to the small claims track. Thew hearing is set for Sept 7th and it says in the letter that it will take no longer than 5 minutes. What if any is the difference between proceedings in the county court and a small claims court. Do these things always take 5 minutes? Is there going to be a mass hearing? Like the ones in Hull and Leeds recently. The letter also states that each party shall deliver to every other party and to the court office copies of all documents which he intends to rely on at the hearing. So what EXACTLY do I have to "deliver" and who to? What, if anything has to be "delivered" to me by the other party? Will I have to bring copies of every bank statement with the accompanying charge from the date I have claimed from to court? Does anyone have any infromation as to whether Slough County court has dealt with any such cases in the past and their outcome? Did Kevin Berwick ever appeal against his claim dissmissal against LloydsTSB? The impression I have been getting over these last months is that it is a bit of a lottery with claims and that LloydsTSB are playing hardball. Any advice would be greatly appreciated Thanks JSS
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