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About missbling

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  1. Thank you so much Steam powered. It is a final hearing on Thurs. The Judge made an order in Directions that the Claimant must provide documents by 4pm on 1st May to the Defendant settingout the work, client agreement letter charging rates attendance notes copies of letters they claim for. They have served nothing. Ive served all mine on them and the Court that I intend to rely on on Thurs. Ive been calling the Court and was told the Judge can let them disclose on the day their paperwork. Im interested in the Strikin out order could you point me in right direction as to where I can read up on it. Thank you so much.
  2. Thank you steam powered. Sometimes you need someone unconnected to give a reality check. Appreciate your common sense approach. Yes I did file Counterclaim at same time as my Acknowledgement of Service, Defence and at same time issued a Counterclaim and paid my £70 fees. Money Claim a Online arranged mediation. claimant said they wanted it, then didn't turn up. The Mediator was really annoyed at them for not telling her they wouldn't be coming. She pointed it out to me that I could ask for Judgement. I had no idea I could. She just said perhaps you should think about exploring this. I then went to Money Claims they said yes I could request Judgement and gave me link to download forms. I immediately downloaded completed emailed, and sent by recorded delivery. It was acknowledged on both occasions as received. Transferred to local court it just all went to a Judge who requested it and was held on to. they couldn't explain what was going on so I wrote again and did same process as above in serving Form for Requesting Judgment. Each time it went to the Judge who just held on to the file for 3 months and wouldn't say why. It was only when I made written complaints and copied my MP that the Judge set a date for 3 weeks time and an order that the Claimant give me the documents requested. Which they haven't done so. Yes I have all the acknowledgements. The Court has the firms. Could you give me a brief outline of how I should point out or word to the Judge my concerns. I don't want to upset them but also want to be firm and say I cannot defend this claim without the Order of disclosure being complied with. Ie the Claimants can't turn up on the day and just hit me with paperwork when I was supposed to have it 3 weeks ago as per the order. I don't want to upset anyone but I want to get my chance of properly defending. Thank you
  3. I was told by a barrister that if a Solicitor undertakes work without a Client Care letter in place it's in breach of a The SRA regulations and their licence, that they have to have indemnity insurance in place to work in the UK. They in turn agree under the terms of Insurance to not breach their licence. If their Insurers find out they have a claim against them for non compliance their premiums will rocket or they may not insure. . Also Solicitors are duty bound to notify their Indemnity Insurers of all and any claims made against them immediately they are made. I've made a claim. A solicitor has to produce their a Insurance details on request. This Solicitor rang me up saying you can't have them. Screaming we know people at the court you won't get anywhere with your claim. I wrote to the Solicitors Reg they will only release the insurance details once a final letter from the solicitor has been received saying they won't release. Which of course they won't so rock and a hard place.
  4. Hi I served my Defence and Counterclaim at the Same time as I served my Acknowledgement of service. Money Claims on line wrote confirming receipt. I've called the xxxxx court it was transferred to they have it but no one can tell me what's being done about it. I've filled the forms N224 request for Judgement as there was no reply to my Counterclaim I've served it 4 times in email, by registered post and in person. It's just ignored. I feel angry I've got to go to Court Thurs with no disclosure dispite the Order saying they had to do so by 1st may I feel angry no one will tell me about the Counterclaim. I paid the £70 the money has been cashed. Thank you all for your kind help
  5. Thank you for your kind reply. Just you saying that things do go on, makes me feel better. I don't subscribe to the "I'm a victim" mentality, but on this occasion I feel like I'm going mad. I'm happy to fight my corner, I'm happy to play by the rules, I'm happy to accept British Courts Justice. But it's stacked against me it's not impartial and I am doomed to failure. Thank you for your kind words and advice. I shall definately use it. Thank you x
  6. Please can someone help me I need urgent help - I'm at the end of my tether. I'll be as brief as possible. In 2011 - I consulted with a solicitor over a divorce. I had a free half an hour. They asked me to pay them £1500 on account which I did. They said they needed it for court fees Then the solicitor went sick months went past. I kept asking for help they kept saying the solicitor was away. Then the Solicitor came back from being ill about 7 months later and said the money was gone. Would not say on what. They hadn't even written a letter or drawn up anything at all. Then the solicitor said they needed a barristers opinion. I asked how much it would cost the solicitor said I will get a quote. I said I could not agree to any more money without a proper breakdown - I stated in an email. They came back with barristers fees of £3500 plus their fees of £2000. I wrote back saying no way can I afford that. I can't go ahead. A month later, I then began getting emails for money to be placed on account and bills for barrister fees of £3000. I contacted the barrister who said no I never advised I never raised a bill. I confronted the Solicitor. Who admitted that no they hadn't gone to the Barrister. the Barrister threatened to report them for fraud if they continued demanding for fictious fees in his name. I went back to solicitor they said well you still us another £2000. I kept on saying why you haven't made one phone call written one letter done anything. I kept saying where did my original £1500 money go. They never responded. The solicitor went sick again. Then the credit dept started chasing me. I was always meticulous writing back asking for proof of work and invoices. I made a complaint they just ignored it. I kept on asking for breakdowns of fees. They never replied just threats of Court. I always replied. They issued a county court claim against me with Money Claims online. I spoke to Citizen Advice they asked for my Client Agreement letter. I had never been given one. CAB said this was not right and helped me speak to the legal ombudsman who couldn't help as it was a court case now, but said without a client agreement letter in place they were acting in breach of the Solicitors Handbook. A solicitor cannot charge a penny without a Client Agreement letter setting out their fees and work they propose doing at the outset. They must also set out their complaints procedure. I had never been given any Client Agreement letter nor any money laundering checks undertaken. CAB helped me issue a counterclaim for the return of my £1500 as they should never have taken money on account or carried out any work if indeed they did as they have never been able to prove any work without a signed Client letter setting out what work they would do, likely costs complaints procedure etc. Mediation was arranged they failed to turn up. They failed to acknowledge or reply to my counterclaim. They just ignored it. CAB and money Claims said I was within my rights to Request Judgement N224 which I did. File was transferred to Local Court. I wrote asking Solicitor for their indemnity insurance and they called me up saying they knew everyone in xxxxx County Court and Id get nowhere. I laughed at the time but how right they are. I don't doubt it they have offices nearby and work in the Court frequently. I kept serving my N224 request for Judgement to my counterclaim. I served it 5 times in electronic format recorded post and by hand. I'd call up every day get a different story where my claim was it was being looked at. 3 months later my file surfaces. Reason given Judge had it and had kept hold of it?? ???? 3 months no reason why but Judge just held it back. Judge sets court date for 3 weeks time. Yep it was held for 3 months then I'm given less than 3 weeks to go to a hearing. Judge issues an order ? claimant has to give me documents of work invoices and client agreement letter by 4pm on 1st May. They fail to do this. I rang Court they said take it up with Judge on the day. I keep asking where my N224 form is what's happened to my counterclaim no one knows. Its not listed to be heard at the Court Hearing. It's just been forgotten Judge has ignored it altogether. No one can tell me anything about my counterclaim or request for Judgement. Where it is or what is to be done about it. I made a complaint to the Court. It was just dismissed as one of those things no mention of my counterclaim and N224 form. I wrote again to higher manager complaints haven't had a response. So to Summarise, I put In a defence and Counterclaim. They didn't acknowledge my Counterclaim. They said they wanted mediation then didn't turn up. I put In request for Judgement as no acknowledgement of my Counterclaim. It's just disappeared. I've tried to go to law society to get their professional indemnity insurance. Which would force their insurers to be aware they are acting without Client Agreement letters. A huge problem for them. Law Society won't give it until I've exhausted their internal complaints procedure and had a final written letter. Claimant won't reply to any complaints. I'm between a rock an a hard place. I've tried to strike out their Claim as they didn't comply with the Order to serve me documents by 4pm 1st May. This has just been ignored by the Courts I'm left going to Court on Thursday without seeing any documents for disclosure. I've telephoned the Court no one can help. I haven't a clue what they will bring in. Everyone I've spoken to from solicitor to CAB & Community legal help say it's perculiar behaviour from a court judge holding on to file for 3 months then giving you less than 3 weeks to prepare and no one can say where your Counterclaim despite paying court fees has gone. If the Claimants Are trading without a client agreement letter in place they are breaching the terms of their insurance and licence from the Law Society - and Solicitors Reg Authority. If I get judgement they can be struck off. It's serious. I've fought and fought for months feel the whole system is against me. Anyone help be so grateful. What should I do ? Go to Court on Thurs try and fight without knowing what docs they will disclose. Just feel so let down by the Courts. Thank you x
  7. Hi thank you so much, Yes I have stopped any more benefits going in, I have opened him up another account yesterday. The Balance is actually £4,008.79, this is all his benefit money from December 2009, which includes his rent money and disability/mobility allowance. They have been taking loan payments from his benefit money for over 2 years they knew they were doing it, because the money was being paid into the account and they even changed the repayment date to the date the money goes in from the DSS to make sure HSBC got their money first. I have been to Citizens Advice, they told me to write a letter of complaint. Ive written 6 so far and never once have the bank replied. I spoke with the Head Office they told me that the complaint had been sent to the branch to deal with. I have writtten 19 emails to the branch manager and 4 letters all they keep saying to me is they don't have to give a timescale in which to reply. I formally requested a copy of the Loan Agreement and Income Policy from them by recorded delivery in Jan 28th 2010 they keep telling me they don't have to supply it to Mr or the gentleman. I don't think the Branch actually know what they are doing. The Disabled Man has really suffered and continues to suffer, I am his carer and its above my job, but I can't bear to see him suffer. I have been contacting lots of charities for him, and some have given him extra blankets and he was given a parcel of food at Christmas but he is a proud man, he has worked all his life - he feels wretched enough to not be working, and he is so upset that he can't even afford to eat. I do bring him meals everyday, I just can't stand to see another person suffer but I don't want the bank to keep on taking his money there must be something I can do. The bank know this, I even gave them a copy of the letter from the Charity at Christmas who gave him blankets and food. So the Bank know this is causing him terrible hardship. If you can give me any asistance I would be grateful. Citizens advice told me to write to the Banking Ombudsman, I contacted them but note it will take quite some months before they can act it takes time and time is not on the gentlemans side. Thank you so much. I really appreciate it the Gentleman is very grateful also
  8. I am a carer for a disabled man who suffers from Parkinsons Disease. 3 years ago he took out a loan with HSBC for £19,000 he took out income protection insurance with the loan as he was working. A year later he contracted Parkinsons Disease and had to give up work. He struggled to pay back the loan. I went with him to the HSBC on several occassions and they said each time he did not have income protection even though he kept on saying he did. The Branch Manager did not want to know. She later left. I kept asking the bank to lower his repayments as they were taking his benefit money each month to pay for the loan and he did not have enough to live on. They said no. He has struggled to pay the loan going without heating and food for nearly 18 months. They continually harrassed him day in day out from call centres for the money he was so ill he kept paying them. Jnaury 2010 I wheeled the gentlemen into the Bank, his cash card was taken from him. I demanded to see the manager who was away. I saw the deputy manager who looked at the loan and said oh Gosh yes you do have income protection insurance you should have claimed on it. I explained that I had had lots of meetings with Mr Carter years ago and we were assured by that Manager that it was not in force. The Deputy said oh she committed suicide the job was too much for her, no one knew what she was doing,. I have for the past 2 month being calling and writing to everyone. They are holding the Disabled Mans benefit money they wont give it back to him. I threatened to contact the local newspapers. The man clearly had income protection, the bank gave him wrongful information they took his money for years, now they have held his account with his money preventing him doing anything., Then we got a call the Area Manager was angry I had complained and wanted the gentleman I care for to be bought into the bank for an interview. I explained he was not fit enough to be interviewed, and could I have a list of questions you want him to answer so we can take advice. The Area Manager got very angry saying to us that he did not want another scandal for the branch. I keep escalating my complaint and it keeps getting given back to the branch to sort out but they wont do anything about it. To summarise they are now holding £3275.00 of the gentlemans money, he can't eat, pay his rent, or his bills. I keep asking the bank to give me an end date and they say they don't have to reply until the gentleman has been interviewed by them. As he is refusing to come in for an interview there is nothing further that can be done. He is not well enough to be interviewed he shakes and can hardly communicate as it is, it is better for him if communication is done in writing. They refuse point blank. What shall I do I don't know where else to turn to. I have spoken to the Banking Ombudsman but this will take a long time to sort out and he needs his money now or he will be evicted from his home. I have spoken to the Benefits people they cannot get his money back as its been frozen. The bank wont give an explanation why surely it cannot be legal to freeze a disabled man's money and because he cannot be interviewed about his complaint he can't have it back. It sounds unbelievable, but I can assure you I have given the Bank Medical letters. He is of sound body and mind, he can manage his own affairs, he has been certified fit to manage his day to day affairs, but he cannot talk he stutters and shakes and finds it hard to form his words and conduct a conversation he gets confused if under stress. Can anyone tell me what I can do next. As it stands the Bank are holding his money, his benefits are going into the account each week. The Bank are still deducting the loan repayment money. I have asked the bank for a copy of the loan and the Income Protection policy so I can take it to a local solicitor so they can help the man, but the bank refused to give the disabled man a copy, I just dont know what to do. I believe the branch has messed up and after the last scandal where the manager was taking money from old peoples accounts the last thing they want is yet another story in the papers so are trying to do everything possible to dismiss it. I can;t be sure but it seems to stupid to be real. But I can assure you it 100% is. Any help really would help me I am at a loss I have been everywhere to try and help the man out. I feel so sorry for him he is really suffering. He used to be such a strong fit man and to be reduced to eating rubbish and sitting through the winter freezing is terrible to watch. Thank you so much
  9. Thank you for your replies its all helpful. I have been speaking to the FSA who actually recommend that no one deals with them, they put that on their website. They agree their practices are illegal. It seems that because they are so huge and give their offices out as abroad, that everyone thinks they are untouchable. But because no one has really complained properly officially no proper investigation has ever been conducted. So If I can get enough people to join with the complaint then the FSA will act and it may be them that get their account frozen. Especially if they cannot account for every penny they are holding in their client account (if they indeed have one) as the FSA would be forced to act. Thank you I will reply again tomorrow with more information.
  10. Hi, I may be on the wrong forum, if there is a more suitable forum would some kind person move this to where it should be. It may be the right place. Happy New Year too you. I have discovered a huge fraud, so huge that it seems unbelievable but I do have the proof and I have pursued it I have always purchased off of ebay, but after Christmas just gone I got an email which said clear your clutter and make some money. I though umm I've got clutter so I listed a few low value items. I've got excellent feedback 100% on 150, My paypal account has been verified and I've passed all the credit checks, never had a problem I buy once or twice a week from ebay on average. The first item sold for 12.00 I got the money via paypal no problem. The next item sold for 120.00 I got my money from Paypal no problem. I made several other sales a lovely man came to collect the table and chairs no problems. I woke up one morning to an email telling me Paypal were placing a hold on the fund in my account for 21 days. Apparently they do this to millions of people everyday. I wrote to them asking them where my money was being held whilst it was being frozen what assurances of its safety would they give me. They refused to tell me. I contacted the Banking Ombudsman this is illegal. If another party holds money in a client account they cannot use it, they cannot lend it to another bank or anyone else, they have to safeguard the money and if they gain interest they have to pay it to you. Ie another cannot benefit from another person's money ie keep their interest without written authority. I wrote to Paypal asking them for the interest they had gained and asked them again where they were holding my money. I have researched this and there are thousands upon thousands of horror stories of people having their money snatched for 180 days or more on the most flimisiest of excuses. I spoke to the FSA and the Banking Ombudsman and they say that they are investigating, but anyone who thinks they have a claim should put it in writing to the Company ie paypal. Think about it all the years 6 years of money kept and used by them. If they have used the money to buy assets or have lent it out on inter deposit rates illegally then all those whose money has been used are entitled to a share of this. If its held in a client account why won't they give the details of it as legally required to do so. If they have nothing to hide. I began researching the legal issues surrounding what they are doing. Most people said oh they are so big who can touch them that's why they get away with it. My answer is so was Goliath, but David beat him. I am looking at putting a team of people together to help me expose this and win back money for all the people affected - would you be interested in joining me do this. I have access to High Court Barristers, I have through my work secured help to put together letters. But if this is going to be successful then a few people all working with our heads together will stand a better chance. To give you some idea there are about 143 million accounts worldwide and over half of those are thought to be frozen or limited or have been frozen at some time. Paypal need to generate income at the moment and by freezing money on more and more accounts for 21 days they are earning millions and millions of other people's money. They try to say its to safeguard everyone, but thats just an excuse to allow them to do it. If you use Ebay, in most cases you have to now use Paypal. If you have a dispute on ebay, ebay are supposed to have their own dispute systems in place, but no Paypal wade in as big brother and seize the money. In pricipal Paypal freezing money if items are in dispute does have some small merit. But they are not doing this. They are withholding the money for 21 days whether there is a dispute or not. Paypal say they will consider giving money before 21 days if they see good feedback and you provide proof that the goods were delivered and the buyer is happy. But its up to you to put your case to Paypal and then its at their discretion. If the buyer gets the goods and does not leave feedback, or the item is picked up in person then Paypal will hold the money even longer in most cases. The banking ombudsman says that they have to stick to strict rules on holding clients money and they have to disclose to you where your money is and if its earning interest what you will get back. They refuse to do this. That is unlawful. Solicitors, banks, clubs, charities etc all hold money on account for others and they have to make it public where the money is and if its an account that pays interest make arrangements to pay the interest to the person. If you are interested in joining me with this. I am not advocating personal disputes, My point is to win back all the money for those withheld illegally and to get interest paid back to all the people who are owed it. If we can get hundreds of people making complaints and asking for interest Paypal will have to act. They can't ignore the law if everyone demands they stick to it. My arguement to Paypal is that this money is earning interest and they are not entitled to keep it for their own gains. Its basically ill gotten gains. They are collecting money and acting as judge & Jury and imposing fines by way of fees. Thank you for taking the time to read. Lets make 2010 the year that we all fight back against this illegal practice.
  11. Hi, About a year ago, I was driving my car and a lorry crashed into the side of my car and drove. Off. I pulled over as my wing mirror had shattered glass. I got out the car to take the drivers details and a parking attendant appeared and issued a ticket saying I had pulled over on a no stopping area. I had a baby in the car that I was checking to as glass had gone on the back seat as the window was open. I explained and he could see an accident had taken place. But the fool still issued a ticket. I appealled the ticket and heard nothing back. the council never responded I believed that they had seen it was stupid and cancelled it. They could see that as part of the Highways act you are required to pull over after an accident. Today I get a letter in the post telling me that Northampton County Court have issed a Warrant for the sum of 123.16 and unless i pay it today, Bailiffs will come to my house and discharge the debt. I believe I read on here some time ago that there is a form you can fill out (n22 possibly) that you can send to Northampton County Court setting this aside on the grounds that the council did not respond to the appeal. Can anyone please tell me where I can find the form as a matter of urgency please. Thank you so much I appreciate it.
  12. thank you. I keep being told without a contract, or quotation or something the man has little chance of success, I am also told that the judge will want to know where he got the figure of 25k from ? I am also told that by his own admission he left the job unfinished and only half done as he ran out of money, I am told that under the sale of goods act and services if it is accepted that he was right to do the work, I would have recourse to reject his work as he took down our old fence and then only half replaced it with a shoddy new one and I would not be liable to pay anyway? Any thoughts on this ? I just want to get some other thoughts on it, if only to give me courage to argue my case. Thank you so much I appreciate your help so much
  13. Thank you for your kind replies. I am not afraid of going to Court, after reading the Threads, at first I was terrified now I feel I can do this. I just feel that when it comes to my turn to speak, I would like to speak with some confidence, The man did not give any estimates, quotations, or pro forma invoices or any terms of business. He has never been able to produce any paperwork. The fences I believe took 2 days to errect. By his own admissions he said that he has left them unfinished as he ran out of money and cant do them until I pay him. I never signed any credit agreements with him, or asked him or scheduled him to begin any works. I want to stand up in the Court and go through my points ie no paperwork no contracts etc so I cannot be made to pay up under any contracts. the man began work and by his own admission he says the reason he didn't bother to come back and finish because he ran out of money and I need to pay him, I did not enter into any credit agreements with him nor did I see or read any terms of business. Further the fences have fallen down in places, and if the courts choose to believe that he is right then surely under the sale of goods and services act I am entitled to have goods finished and fit for the purpose in which they were intended and so should have recourse under that act. The most the fences should have come to is 2,000 at the most. I did not have any chance to stop him carrying out the works as I was not there nor was my husband he was intensive care and i was with him. He got the next doors gardener to open the gates for him to come in telling him he was intstructed to do the work. Could anyone point me in the direction of where I can find law on contracts and never being given one in the first instance. By the way I wanted to instruct an expert witness to give evidence on the day with regards to the fences, but the Judge ruled that it was not necessary. I am (nor is the other man) allowed to call any expert witnesses which seems a shame as I am sure a technical person could give better details. thank you so much I appreciate your helpful advice so much.
  14. A while back I posted on here and got some good advice thank you. It was regarding some fences that a man put up on a property that we rent (whilst my husband was in hospital). We asked the man to come and quote for the fences before my husband went into hospital. He kept badgering us to let him do the work but we were unsure as we wanted to speak to the landlords as well. The next week my husband was taken seriously ill in hospital. The man put the fences up when we were away I was at my husbands bedside. (in the wrong places and then walked off leaving them half finished) whilst my husband was in a coma. He later died. The man tried to say that my husband has instructed him to do the work, but he did not. We did not receive any quotes, or plans for work, or estimates contracts nothing. The man then turned up on my doorstep and began a campaign of harrassment, I involved the police and they traced him calling up at 3am in the morning, He also took a vehicle from the property in part payment, that he later exported abroad. The police say its a civil matter and up to me to recover it from abroad. He says my husband told him to take the vehicle. Its lies after lie. Its gone on and on. Then the man issued court procedures against me I think he thought he would scare me into paying, but I came on here and got good advice and I have fought him he said my husband was a terrible man and made up lies, and I felt I had to fight him to keep his memory. The case is due to go to court in a few weeks. In the local county court. The man can show no contracts, no letters of engagement, no estimates for work, no paperwork, no agreements for prices to pay for the finished work etc. I went to CAB but they can't come with me to court. I don't have the money to pay a solicitor so I am fighting it on my own. I have done all the paperwork and complied with the cours. But if I can get the courage to stand up and speak to the judge on the day and make it clear that there is no contracts, no estimates, no quotations no letters nothing the work is half finished but he is charging 25k for fences, surely there must be some laws which state that without a letter of engagement, quotes, estimates etc there is no case to answer and he must find in my favour. Where the man has got 25k from is ridiculous. I am only a tenant in the property and the landlords will not get involved as they did not instruct or authorise the work. In fact no one did. My husband is no longer here to speak up it is down to me. Firstly the man said my husband was liable for the money, then after he died he came after me and has made my life a living hell. By the man's own admission no paperwork from him was forthcoming. I have to appear at the local county court, but I keep being told by various people that if no contract exists or you did not agree to any estimates or schedules of work then you cannot be liable. The man would need to show that a contract existed is that true ? Could I have other peoples thoughts on this please. If just to help me gain courage. I have never had any debts in my life and this is worrying me on top of everything else. Thank you so much for your kindness in reading my thread. I have donated to the site as without this site I don't know how I would have kept myself going through all this. Thank you again
  15. Thanks everyone. I really appreciate you coming to my aid on this one. I have just put in an appeal, I am not going to pay I have decided to fight it on the above information. Yes the discount period is put on hold whilst an appeal is considered, so nothing ventured nothing gained. Would not mind, our council is thousands of pounds in debt, the shops are closing all around their ears and they are employing more and more traffic wardens to chase people spending what little money they have on the remaining shops!!! Let alone finding little loopholes to penalise disabled OAPs thats my rant over for the day !!! I will definately keep you all informed. Just to say again a big thank you your help means a lot to me and is greatly appreciated.
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