I will try to keep this brief: We were in financial difficulty and so in July 2012 we gave the keys of our house back to the bank as voluntary repossession and left. We moved from England to Scotland and started afresh. Around xmas time my wives parents forwarded mail from the council to us which was a bill for council tax. I wrote on the bill that we had given the house back to the bank and they should pursue them, and sent it back to the council. Fast forward to October 2013 and we get a letter direct saying we hadn't paid the council tax and that fees had been added. I wrote back telling them exactly what I had written previously. It's been to and fro since then, with them acting like they are above the law. They haven't sent any bills marked Reminder of Final Notice to our address (or any address). They haven't sent any letters before action to our address. They haven't sent any letters giving us a date for the hearings. They haven't sent any letters regarding action after obtaining liability orders - which were apparently gained on the same day as the summons'. They haven't sent any liability orders to us - either a council construct or an original legal document. They even admitted failing to send them to me - they claim to have sent things to our previous address. They instructed bailiffs to contact us - even though we're now in Scotland and this is not allowed. I've complained and pulled them up on loads of stuff but they are trying to fob us off. I have also explained that we haven't paid anything because we simply don't have any money - we wouldn't have given our house up if we had money!!! It seems that because I'm standing up to them they are now saying that they are going to the magistrates and asking for a warrant of commitment and recommending we are sent to prison. This seems like they know they're in the wrong and are just trying to punish us for standing up to their bully boy tactics. I am going to put in an escalation to the complaint today and say that because none of the letters they say they sent were to our current address then the law says we haven't received them and as such they should set aside all summons/liability orders etc. I've seen it suggested somewhere that I can ask the magistrates to set aside the liability orders because of this. Any thoughts on this? How do I go about getting a magistrate to set aside liability orders?

I am going to try to make this as brief as possible: We gave the keys back to the bank in July 2012 and left the property. They subsequently (in September 2013) started repossession proceedings which granted them a possession order on 18th October 2013. can anyone tell me if, once a possession order is granted, if that means that all rights and responsibilities then transfer to the bank? Our problem is that the local council are trying to get council tax and are saying that we are still liable.

Hi Costa / Foolishgirl I thought that with the AQ, the date is the 19th April. I will look at it later today and try to complete it. I may put it in quickly to get it out of the way. As for the n244, I will get a copy of it and have a look but I don't have £7.50 right now let alone £75, lol. I might have a look to see if there is any help for people on Employment Support Allowance. I tried to follow your thread Costa (as well as a few others).....I've noticed how 'they' always seem to be able to get a lot of leeway when they don't comply and just do what they like......second, third, fourth bites of the cherry.......so much for the justice system complaining about cases taking too long to get to trial and taking too long when they get there.....if they we're as strict with companies and their representatives as they seem to be with individuals they'd have no reason to complain! As for common sense, you don't need to look to far to see many examples of lack of common sense within the 'justice system' so I'm not going to take anything for granted until it finally finishes..... Just have to look at the bank charges thing....they were told they had no right of appeal but still somehow they did and then after losing so many times and in the face of common sense and fairness, they win and the OFT give up.....something seriously wrong there! Anyway, thanks for all your help it is appreciated

Hi Everyone Just got an allocation questionnaire from the court. I think it might be time to submit a strike out application as they haven't responded to my CPR request and I've not been told of any change to the original PoC. Foolishgirl could you help please

The CMC is 7th May so a while away but every little thing like this helps me.....it'll be quite funny if I'm there and they are not (as it says in the schedule they sent to me they aren't available on the 7th May). It's quite useful that it quite clearly shows them receiving an email from me because they can't say that the email address is wrong (and they haven't included an email address on any of the court documents) and it can be proven they have received it if they try to deny it. Unfortunately for them I had to check on things like this in my last job.....as they say 'deleting doesn't usually erase something' there is always a trail unless you destroy the computer system and everything linked to it and I don't think their ISP would be too happy to destroy all their equipment and files, lol.

I've just spoken to an advisor at the court and they haven't submitted a new PoC yet and tomorrow is the day by which I requested they respond to my CPR request.....

Well seven days since I emailed my request to inspect documents and also sent a letter by post and yet no response. I'm sure they'll try to wriggle out of it somehow (I couldn't afford to send it by recorded delivery so they might try to make out they haven't received it - although how they deny receiving an email is going to be a good one....especially as their transaction log shows them as receiving the previous email I sent to them).

Well I've just emailed Morgans with the request. It'll also be in the post to them. If they try to make out that it should have been sent to cabot I'll point to the fact that on the claim form it says all correspondence to Morgans and on the disclosure statement it doesn't include who has made the statement. I think that maybe at the CMC I need to point out the finding from the Wilson case where they quite clearly stated that as companies have an advantage in the fact that they can access legal assistance easily (and in the case of cabot they have their own in-house solicitors) the onus is on them to do everything to the letter of the law....then go on to point out how they have not (in respect of the legal process rather than detail of the case) and conclude that not only does this show a lack of respect for me but also to the Law.....be interesting to see how they think they'll manage to worm out of that... then of course there's the flaws in many of their statements and the actual lack of a real agreement, DoA, etc

Thanks for that...would've been sooner but having a nightmare trying to get the internet to work I've adpated my letter which I'll email them shortly and post tomorrow too. I've just had a quick read through those documents vjohn...makes interesting reading.....I think they've failed on 31.10 (7) as they haven't identified the person making the statement or why he is making it.

This is what I think I'm going to email to them (as well as send a copy letter): My ref: Document Inspection Request - 1 Morgan Solicitors 5 Mitchell Court Castle Mound Way Rugby CV23 0UY Dear Sir / Madam Please note to avoid any doubt that this is a: Formal request to inspect original documents as per the Order issued by District Judge Sarah Richardson, 26th February 2010 in relation to claim no. XXX I require the original documents listed below; as stated in your disclosure statement, to be made available for inspection: The credit agreement for the capital one account The credit agreement for the monument account The Deed of Assignment for the capital one account The Deed of Assignment for the monument account The Notice of Assignment for the capital one account The Notice of Assignment for the monument account I suggest that the central library in Grimsby is a convenient place for me to view these documents. Please confirm when you will be presenting them for examination as per the aforementioned Order. Regards Short and to the point, any opinions?

I've just noticed whilst looking through their list that it says a 'copy representation of the NoA' for each account. In other words they don't have an original and they are relying on those templates contained within the account sale agreements. I've also had a quick read of the post you mentioned, that's quite interesting. Am going to go write them a little letter now I think I'll suggest they bring them to the main library in the town as it's very close to the court and offer them the opportunity to suggest an alternative; such as a solicitors office, in the town centre. Should I mention that I want to see original documents (as requested in my CPR18) not copies, or wait to see how they respond?

Hi FG I'll put something together and post it tomorrow as well as send them an email. I'll have a read of the thread you suggested before I continue. I sent my CPR18 request to them before the track allocation. Don't worry Haditup, it helps me and possibly others to follow (because I don't think I'll be the last) as it's likely they'll behave in the same or similar manner with everyone.

Here is the link to the remaining docs: [url= ][/url]

I'm going to have another go at getting my scanner working and I'll scan it and any other documents that I still haven't scanned yet. My view; without any other knowledge, is that if a document hasn't been signed it isn't in effect, therefore technically they haven't complied with the order. Briefly reading the post from hadit, it makes it even more interesting....I could see this 30 minute case management conference being either very short or very long. It is N265 that they have used. Both this disclosure statement and the cpr18 response is very amateur.......

That's what I thought but it clearly says: 1. Pleadings common to both parties. 2. Correspondence common to both parties etc lol