panther12
-
Posts
768 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by panther12
-
Is the judgment order for forthwith payment and does it allow them time to make application to setaside the order, if so i'd wait till that time has passed before requesting warrant. You want to be seen as being reasonable so before sending in bailiffs I'd write enclosing a copy of the judgment order giving them a timeframe to pay or else.
-
Did you post the V5C/2 new keeper slip when you sorn'd it. I don't think you can get tax without either the v5 or v5c/2 new keeper part so if you've already posted it I think you'll just have to hope the V5 comes back in time to be able tax it on 1st Sep. Ideally, in case there's a delay and the new log book doesn't arrive in time to tax it, I would have sent the V890 to declare sorn and ticking: "The V5C or V62 has already been submitted to register the vehicle in my name". That way you would have covered yourself by declaring sorn for the remaining month of August and still have the V5C/2 to be certain of being able to tax it on 1st Sep.
-
I've seen a few posts on various car forums regarding fiestas jumping out of gear. Usually 2nd gear when you're on the overrun - i.e, coasting along and take foot off throttle. More likely a syncro problem which involves an expensive strip down of the gearbox. If it's been back 5 times already and still not sorted it sounds to me they are trying to bodge/mask and now shift the blame onto you as they know it's going to be a costly fix to put right. Personally if the option to reject is there I would do just that - not least for their insulting suggestion that you don't know how to drive properly, but also the potential danger of finding yourself pulling out of a busy junction only to find you've slipped into neutral gear with a 40tonne truck bearing down on you!
-
Well done. So they didn't bother to turn up at court. They have 7 days to apply for setaside from service of the Order. It's dated 9 Aug so allowing time for postage they're still within time if they want to apply for setaside so I would sit on it for a week or so then check with the court to see if they've received any setaside application.
-
If the claim was issued 6/7 and deemed served 5 days after (11/7) leaving aside the AoS they had a total of 28 days to file a defence - so should have filed around 8 Aug.
-
Yes I think you could have requested judgment in default as soon as they failed to acknowledge within 14 days of being served - but having missed that boat you have a second chance if they haven't filed a defence within 28 days of the claim served. However if they file late before you request judgment, their late reply trumps any default judgment request. Unless the train fare/expenses being claimed exceeds the judgment set aside fee, I doubt they would bother even making an application had you obtained judgment.
-
If you do change the tax class back to normal, if it's mid-month or getting towards the end of the month I'd wait until the beginning of the next month - otherwise if you want to continue keeping the car on the road I think you will have to pay the tax starting from the beginning of the month that the tax class change takes place - so effectively loosing almost a full months tax.
-
Do you mean N9 acknowledgement form (I think N9A is the form to use if they are admitting the debt). What date was the claim issued and deemed served. If they completed the acknowledgement of service indicating they wish to defend, they have a further 14 days to file defence - so a total of 28 days from the date of service of the claim.
-
What's the status of the claim showing on MCOL? Have you received anything from the court or did the response that they intend to defend come from EJ. If you issued the claim on 1st July and they still haven't filed a defence then does the MCOL system allow you request default judgment. If it does then do so asap before EJ get in with a late defence.
-
I've used the new dvla online system to transfer a motor and it works quite well - both buyer & seller get instant email notification and no need to rely on the post. If you've lost the V5 I don't think you'll be able do the transfer online, unless you know your V5 doc ref number.
-
Used Car mis-sold? Outstanding safety recall
panther12 replied to Lbg123's topic in General Motoring Issues
You can still drive it without fear of catching fire with the heater blower set to 0 or 4 as advised by vauxhall. The fire issue is with a dodgy batch of blower resistor packs which overheat and can cause a fire. With blower off (0) there's no power going through the resistor pack and with blower set to max (4) full blower power bypasses the resistor pack. The resistor pack is only used on the settings between off & max as it reduces the current flow to slow down the speed of the heater blower motor. Most resistor packs contain some kind of safety thermal fuse that blows when it exceeds a certain temp but for whatever reason the ones fitted to some of these motors are overheating and causing fire. -
If the V5 for the new motor is now in your name I would be wary of simply handing it back to the garage as it's your responsibility to inform dvla so don't rely on the garage doing it. I'd probably insist they sign and give you the yellow V5C/3 section before handing over the rest of the V5.
-
I presume that as it's reached this stage then the claimant/sols must have acknowledged your defence and indicated to the court that they wish to proceed with their claim. I would raise the point that If they didn't have the paperwork in order then they shouldn't have issued a claim when they did - And notwithstanding that they had the further option of allowing the claim to become stayed while they got their act together but instead pressed ahead with their claim in the knowledge they had nothing to substantiate it. Get across that they're taking the michael out of the court system, cpr and the judge to even make such an application when they should have had this sorted BEFORE even issuing a claim. If the judge does allow them the time then ask that should they fail to comply with the judge's order then the claim stands struck out with judgment for defendant without further order. And costs.
-
Well done. If they paid more than a month after the judgment order the ccj will be registered against them for 6 years. Up to them if they want to pay a fee for a certificate of satisfaction. I think the only time that the court may contact you is if the defendant requests the ccj entry be marked as satisfied (or removed if they claim it was paid within one month) but have not provided any proof to the court of the payment & date. In that case the court will write to you for confirmation, if you don't reply they will take the defendants word and amend the entry.
-
Delayed Flight Compensation Court Claim issued
panther12 replied to nosnibor's topic in General Legal Issues
Not for flight delay compo claimed under EU261, it's to compensate the individuals who were actually delayed regardless of who paid for the flights. It's been a while since I did a flight compo claim so not sure if things have changed but when I last looked at the procedure, it was to go the N1 paper route if the claim involved more than 1 passenger (claimant) as each claimant needs to be named on the claim form (not within the PoC) and MCOL only allows for 1 claimant. If any claimant is a child then to also complete form N235. -
Delayed Flight Compensation Court Claim issued
panther12 replied to nosnibor's topic in General Legal Issues
To use MCOL it states: It might be that the sol for the airline has jumped on the fact that only one claimant per claim when issuing via mcol and therefore the claim has been settled. -
Did they give a reason for the delay in their app to lift stay, did they serve you at a previous address. I think you've complicated things by not filing a defence, even if it was late as long as a defence is filed before any request for judgment is received your late defence will take priority. If they deliberately used a wrong address to serve the app and evidence in support, if you can show your delay to file a defence was their doing then I think you have good grounds to have the order set aside or varied.
-
Link works for me. Application for defendant to be amended from Claimant EDITED FOR CAG.pdf
-
Can't answer about any tax implications but be aware that if the person giving away the home at some point in the future needs care home, there is no time limit on the local authority investigating the reasons behind the transfer.
-
I was chased with 4 nhs penalty charges after claiming free nhs dental treatment. I had ticked that I was in receipt of income related ESA (which I should have been getting and thought I was) but turns out I was only getting contribution based ESA which doesn't entitle you to free NHS. I got it sorted with the DWP and they backdated the IR-ESA to a date that preceded the NSH penalty charges but the NHS insisted that as I was not getting IR-ESA at the time I claimed that I was then the civil penalty charge and surcharge stand. If you read the legislation there is a section that says: "The Act provides that a patient is not liable for a penalty charge if they can show that they did not act wrongfully, or with any lack of care, in respect of the payment in question." In my case I simply threw this back to them in a letter and basically told them to either **** off or issue a claim which will be defended in the county court. I never heard from them again.
-
If his appeal was denied and judgment stands, can't you move on.
-
As it was a default judgment through no reply to claim (so effectively rubber stamped by the court regardless of the amount claimed) If it went to set aside hearing and successful then the claim would revert back to claim issued stage where the OP would file his defence and then the claim would get allocated to track. I'm not sure but at the moment would it still be trackless?
-
http://www.smallclaimscourtgenie.co.uk/stop-this-train-i-want-to-get-off/
-
I've never received anything from the court following a NoD. Costs not normally awarded in small claims, however that only applies if it has been allocated to SC track, so if it was trackless when they discontinued then under cpr you could be entitled to costs.
-
You'll have to read the policy small print but most contain the auto renewal clause. You still have the 14 day cooling off period on the new renewal but if you didn't tell them to stop the renewal before it started I think they can charge for the days that were covered and reasonable admin fee. I've never had a renewal price that matched a new customer price so always make a note to check comparison sites a month before it expires. If a car is off the road, I don't know if it's the same for insurance but for road tax I'm fairly sure that you only need to declare sorn if it's off road for longer than 14 days.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS