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21stcentury

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  1. Hi, Only comment here is that someone stated previously that the bailiff can only gain peaceful entry and not force entry. Can we just look at that and understand that it is a Magistrates fine and as such the certificated bailiff does have the power to force entry under the powers given to them by the courts. They can drill the locks and gain collateral for the debt. However I must say that this is extremely rare and only happens in the extreme of cases, but the bailiff has power to force entry. Derek
  2. Hi Ryz, It is perfectly legal for Power2Contact to force entry to your premises as they act for the power companies as their appointed representative and apply to the court for permission to enter and get a warrant. They use the reason of safety for asking the court to allow access, they say that the property needs to have the metre checked as there may be a fault, the court then grants the warrant. Power 2 Contact then attend with a locksmith and the gas board and change the metre from a bill to prepayment metre or just cap the supply alltogether. Hope this helps Derek
  3. Hi, Thanks for taking the time to read this, this is something that might interest you, so I wanted advice on your thoughts before I attempt my journey on Tuesday. We have all had difficult tenants who have lied to us on tenancy application forms. Also had tenants who have not paid the rent. Now after helping a friend who has found herself in this situation, my mind is going overtime. To be honest she is a new landlord and has made a few mistakes, mainly trusting the letting agent. Well after me looking at the application form and emails he has sent to get the tenancy, I have found what can only be described as lies on his application. So here goes my level of thought. I have spoken to the police and trying to get them to take a complaint regarding this is very difficult. My thoughts are trying to get the tenant charged with obtaining goods or services by deception of the Theft Act 1968 as ammended in 1996. The goods being infact property. The act is very simple to read, and to my eye this is a possible situation that would win. After looking at the app in more detail and disovering what the tenant is all about it appears that he is what can only be described as a "PROFESSIONAL RENT DODGER" he knows the laws, he has a solicitor acting on his behalf. I am now trying to make things difficult for him, what are your thoughts on the possibility of this working. Below is the link to the Theft Act and its section 3. Deception offences - Wikipedia, the free encyclopedia Any thoughts appreciated on this. Derek
  4. Hi Anxious81, With reference to the below point: 6 - Blockage of waste pipe overflowing onto rear patio, she was informed immediately and morning after man was present to explore problem. Recvd an email that night to say that "he told her it was caused by use of wipes" therefore she now feels that we are responsible for £450 bill for repairs which she went ahead and got done without talking to us. Wipes included Kandoo, feminie wipes etc - nowhere on packaging does it say cannot be flushed. Also, upon finding a problem, if she felt it was our responsibilty should she not leave it to us to resolve - not just get work done then send us a bill???? I would ask you to give this a try and see what you think. Put some toilet paper in a jug of water and also put one of your wipes in a jug of water. You will find that the wipe will take conciderably longer to dissapear. Wipes do block drains, infact I find it the most common problems of drains. With reference to it not saying on the packaging that it shouldnt be flushed, that is not really your landlords fault is it? Derek
  5. Hi, In order to get your landlords home address you can do a land registry online check it costs £3 and you get the registered owners address instantly. It is worth a shot, unfortunately I cant comment on the previous case as I have not heard of it. Derek
  6. Hi All, Just looking for some general advice quickly. I attended court for a friend recently to support them in there property repossession case. I had difficulties trying to get in the court room as the other sides solicitor tried to block me. This relates to my question, the Judge wasnt going to let me into the court room but decided to on this occasion. My friend is due back up today, and I wondered if there is any laws stopping the judge for letting me in the court room or if it was just the other sides solicitor nobbling the court clerk. I am not a qualified legal advisor, only a friend who knows a little. When we went up 2months ago, I spoke on there behalf and stated that the original loan repayments can be met and also that they could pay £70 on top of the said agreement. The judge wanted £180 as that is what it would take to pay off the arrears by the end of the original loan agreement. They have made the two required payments with the additional payment. I really want to be in the court room today to support them. Is there anyway that I can do this? Derek
  7. Hi All, just looked at there website and it says they are wanting to sell or rent the web domain. It may be worth someone buying it and slating the company, or would that be bad?? Moneysupermarket forum has lots on these guys. It appears some reals bad ones. Do a mass protest outside there place and get the local press to meet you there. That would create a decent human interest story. That way whatever name they use, people will know where they are. Derek
  8. Hi, You can now sue the cheque issuer for the full amount of the cheque, plus interest and costs under the Bills of Exchange Act 1882 and there is virtually no defence that they can use. Under the Bills of Exchange Act 1882, cheques are contracts in themselves. As such, they are a promise by the drawer of the cheque that the person to whom it is addressed will be paid the money as stated on the cheque. This is the case irrespective of the purpose for which the cheque is paid and there are only very limited exceptions. If there are insufficient funds in the account to meet that promise or if the drawer of the cheque stops payment, the cheque has been dishonoured and the contract broken. You need only give notice to the bank that the cheque has been dishonoured and then you are entitled to sue them on the dishonoured cheque, get judgment and enforce it. Under law, when you write a cheque to someone you effectively promise that the cheque will be honoured and if, for whatever reason, the cheque is not honoured you imply that you will compensate that person in full. So as this cheque has not been honoured you can immediately sue the driver and there is virtually no defence that the driver can raise to that claim. Hope this helps Derek
  9. Hi Skip, The thing to remember here is the rules set out within the Magistrates Act and also the agreement that the Court Service have with Phillips. The Agreement sets out that they have 6months from date of accountbeing passed to them to collect the full balance. On another note, the Magistrates Act gives them slightly more power than your standard bailiff. I would contact CLS, (community legal services) and give them all your details and they will be able to help you with Phillips, they have an arrangement with them that CLS can act as the middle man in this and they know the law better than the unqualified numpty that answers the phones for Philips. If you call them they can have the account suspended while they do tha negotiations on your behalf. Philips have there own rules, they dont appear to follow common sense rules. I have had a similar problem recently and have lodged my complaint with the courts against the bailiff. Philips bailiffs are on the books and as such dont apply charges to any accounts, that is the office that do that. The bailiffs appear to have no idea how much and what for is added to an account. I also had the issue that they wouldn't knock my door, only post letters then run away. They told me they were going to clamp my car that was in my driveway, after speaking to CLS, they have now decided that they are not playing fair. I am disputing there charges, I have paid the original fine and all that is outstanding is there fees. I dont plan to pay them they have charged me 400 in fees for a 60fine. They also threatened to clamp my car and charge me further for that. I still park my car in my driveway and have not heard from them since I paid the fine. My advice is to try and pay the fine directly to the court, it is hard work to have them take it, but they can and will if you push hard enough. Then all that is outstanding is there fees, which they cant force entry to your property for. It then becomes a civil matter as appose to not paying a Magistrates fine which is a Criminal matter. My advice is dont back down to them. Tomtubby on here seems to be a bit of an expert on this area try contacting him, he knows his stuff. Derek
  10. Well done Aztecmusic, just progress the claim and you shouldhave no issues, my only concern for you was that if it went through the insurance company you would probably loose. Now you can win and thats the end of the matter. Let us know how you get on. Derek
  11. Hi, Many thanks for the prompt responses. She has complied with her employers instructions with regards to reporting of illness. She has never had her doctors note run out. Always been submitted prior to last one running out. She has always taken the sick lines down with her mother and handed them in whilst talking to HR. With regards to wether she really wants to return, I have asked the same question and stated that she wont be any worse off on benefits until things pick up for her. She has been with the company for approx 10 or 11months. She took the job on when she was on a resettlement programme from the army. I think it would be better for her to leave and fix herself first then look for work, but she's not for listening just now. Hi Conniff, I feel she has always responded to her employers as she does speak with them daily at present even when there is a sick note in till the end of December. They generally phone at approx 9.30-10.30am and then call later on in the day. The type of job she was doing was extremely high pressure. She feels that when she goes near the building she starts to feel worse. SHe has been told that there will be 3 people in the Welfare meeting, her line manager, someone from HR and also the Manager. SHe feels like there will be three of them there hitting her with questions that she may not be able to answer. I have advised her that she can have someone with her at the time, but her employers are stating that wont happen. It has to be with her and her alone. She is not a member of any union, so didnt know where to turn. Hi Version 302003, thanks for your replies. I just wish she'd move on and leave the job and get better in herself. That way she can continue with her life and move on. She would be happy for a welfare visit to take place at her home where she feels more comfortable. She is not saying that she wont talk to them, just after speaking in the morning they dont need to speak to her another couple of times the same day when the doctor has issued a line preventing her from working. I appreciate your comment regarding there beling lots of possible solutions, or issues that could happen. I Just dont know what to do for her to make things easier. She needs help and will accept it, just needs to get herself back to her previous self. Derek
  12. Hi, I have a friend who is in a bit of a situation at work, and I'm not well up on Employment Law. So the reason for posting is to seek some advice on her behalf. Here is the Situation: She is currently off work with doctors sick lines in which cover her upto 25/12/2008. She has been getting constant calls from her employer claiming they are welfare calls. She is off work with depression and she is feeling that this is getting to her. She received a letter this morning (wednesday) stating that an interview has been booked for her for Friday at 10am to discuss her unauthorised absence. She has telephoned them today and they have stated that this is an error and that they want a welfare meeting at the same time. She feels like that will be too much for her and feels like her employer is pushing her out the door. She has been sick for approx 6 weeks, she has worked for the company less than 12months but has passed her probation period successfuly. My questions to the forum are: Can her employer force her to attend welfare meeting? If she fails to attend, what is likely to happen? Is there anyway to get her employer to stop calling her 3times a day? What action can an employer take against her when she is off sick? What would you recommend she do? Many thanks Derek
  13. Hi Boardinbob, Just out of curiosity, yuo say there is no yellow lines, has the road been adopted by the council yet? You also say that you own the land, I understand that it is on your title deeds, but you may find that you infact dont own the freehold. I have came accross this recently. And lastly, you have a management company looking after the estate, is there not residents on the board of directors for your development? Derek
  14. THe answer in short is No, You can only be ticketed if you are parked illegally or causing an obstruction. It is a public road, if the council dont want you to park there they need to bring in residents parking permits or bring in parking enforcement officers to monitor the situation. Derek
  15. In short no, it is a legal form that has to be produced, in E&W you have to have an address to serve papers on your landlord if need be (this cant be a po box address). If you dont have the landlords adress then the rent is not due to be paid until the landlord provides the prescribed information. You have nothing to worry about on this one. Derek
  16. Hi, They offer a 14day coverage checker for returns, but as you are outwith that period they will hold you to the contract. I would personally put my point accross that they are advertising that they have excellent coverage in that area and then start making some noises in the right direction. They have there main customer services centre in Sunderland. Now if you cant win that one, advise then that you are going to report them to OFCOM and the Advertising standards agency and trading standards because they are advising customers that excellent coverage is the best they do and that there top speed on there mobile dongles is 7.2meg, that is only available in the central London area, not the majority of the area. I remember recently another mobile broadband operator being taken to court over this, I think it was vodafone and they were fined and had to cancel lots of contracts because of there false advertiesing and lying to customers. That could be worth a shot in the right direction. If you need more details on the vodaphone scenarion let me know and i'll find it online for you. Derek
  17. We will find refinancing option, or work something else out to make it work for you. Told you all would be good and no problems, the other sides solicitor/para legal was a bit of a plonker trying to obstruct me from being allowed in. Will meet up tomorrow and go through things. Derek
  18. HI FLying doc, BAYV are worse that brighthouse, and the provident in there APR's. They do doorstep selling with delivery same or next day. Very high risk stuff. There is also another company whos name escapes me at this point that do the same thing. They prey on vunerable people and offer them products that they cant afford but want, then put it into there house because they say yes to the salesman. I personally dont like there tactics, think they are unfair. The name of the other com[pany is Homebuy, they do the same thing coin activated technology. Derek
  19. Hi flying doc, I am unsure you sre aware of who BAYV are, the best way to describe them is the old slot TV's with the metre on them. So you get like 7hours for £1 if the money runs out then the TV wont turn on. Like the old tele-bank fo rthose of you that remember it. Now the contract that was signed in your house, as they operate door step canvassers. This is a standard consumer credit contract. they had no legal right to cancel the contract, never mind sell the same product to someone else. They had no legal standing to do this, what you may find is that the contract is still inforce under your name, although not being acted upon. I would CCA them, then when you have all the evidence start to look at things. You may try for compensation as I realise there APR in really high because they dont do credit checks. The thing to remember here is the contract was in your sole name and as such had nothing to do with your partner, never mind the fact that he was discussing your affairs with her. As for the separation they may have been aware as they come and empty the boxes on a 4 or 6 week rota basis. Derek
  20. Hi, Without knowing the full in's and out's of the claim it is difficult to advise fully, my only advice is to speak to your local WRO (welfare Rights Officer) they are based at your local council and they will go through everything with you, but as mentioned, you may not qualify for some benefits but you can claim for housing benefit or council tax benefit. Derek
  21. Thank you aequitas. Just sue the driver of the vehicle and you will win with no chance of a defence under the Bill of exchange act 1882. ENd result is the OP wins gets his money and doesnt have to fight with insurance company, which in my opinion he may loose out. This way is water tight. Derek
  22. The OP should go after my original post, if he goes down the insurance route this could go on for a long time and he may even loose, whereby my information means that he will win without having all the difficulty. Derek
  23. Hi Goldlady, The downfall here is that a debt due to the government doesnt die, so if he has arrears going back 15years for council tax he will have to pay it. If he can sort out the current council tax issues and carry out an income and expenditure and offer payments to clear arrears then the council will have to accept it, the downfall is the bailiffs can be obstructive, so best to deal with the council if they will let you. The chances of getting backdated benefits are fairly slim, unless there is some exceptional reason for not applying in the first place, the usual excuses like I didnt think I would qualify, or didnt get time to do it, or I submitted it and you lost it wont work. I think the only one to work here will be mis-advised by the council about rights to claim or mental health issues. If going bankrupt - I am unsure what happens here, i dont think it can be taken into the bankruptcy, but I may be wrong. With referenct to a committal to prison that is upto the magistrates to decide, the case will be referred back to the local authority and they will decide what action can be taken, committal is a last resort, if he can sort his current council tax out and make small repayments to the old debts then all the magistrates are concerned about is getting it repaid. If he can stop the debt getting bigger and it reducing each month then the Magistrates should accept that, but that is down to the individual magistrate. Jax
  24. I Hate to disagree with some but the above two posts are as far as i'm concerned wrong and the OP is correct. You can now sue the driver for the full amount of the cheque, plus interest and costs under the Bills of Exchange Act 1882 and there is virtually no defence that they can use. Under the Bills of Exchange Act 1882 , cheques are contracts in themselves. As such, they are a promise by the drawer of the cheque that the person to whom it is addressed will be paid the money as stated on the cheque. This is the case irrespective of the purpose for which the cheque is paid and there are only very limited exceptions. If there are insufficient funds in the account to meet that promise or if the drawer of the cheque stops payment, the cheque has been dishonoured and the contract broken. You need only give notice to the bank that the cheque has been dishonoured and then you are entitled to sue them on the dishonoured cheque, get judgment and enforce it. Under law, when you write a cheque to someone you effectively promise that the cheque will be honoured and if, for whatever reason, the cheque is not honoured you imply that you will compensate that person in full. So as this cheque has not been honoured you can immediately sue the driver and there is virtually no defence that the driver can raise to that claim. Hope this helps Derek
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