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Everything posted by Argyll

  1. Someone made the same comment earlier elsewhere. And something I never thought about. Thanks
  2. I successfully was awarded a decree against someone who owes me £4600 for property damage. He ignored me for over a year, I had to take him to the small claims court. He tried everything to avoid paying. Out of the blue he contacted me a few days ago and moaned about how he couldn't get a mortgage because of the decree hanging over him (boo hoo). He wants me to agree a payment plan and lift the decree. He wants to get a mortgage. Although I'm more than willing to listen what he has to offer I'm aware we could agree a payment plan, I lift the decree, he gets a mortgage and then reneges on our agreement. Part of me wants to tell him to go away but my head thinks it's best get it over with. Can anyone offer advice on the issue?
  3. I fail to see why I'd be a chosen as a problem account. It's the first time I've purchased anything from them. I paid for the items in advance. The £200 generator was fine but as I said the whiteboard was rejected as it was badly warped which I suspect they knew and chose not to photograph the item from that angle. Amazon closes accounts to customers regularly returning items. Sweeney Kincaid have no reason to. It sounds like sour grapes.
  4. A few weeks ago I bought a petrol generator (£200) and a whiteboard (£13) from the above auction house in Glasgow. I arranged collection a few days later, however the whiteboard was very badly warped which wasn't shown in the photos so I rejected the goods. The generator was fine. The chap at the gate told me their policy was to issue a credit note but I told him I wasn't happy with this and wanted a refund. I had to send them several emails before I was refunded. A few days ago while browsing their website I noticed they have suspended my account. They have failed to respond to emails asking why. I can only guess they're being vindictive because I refused the whiteboard. Is there anything I can do or can they do as they please?
  5. I've been in contact with my local sheriff officers to execute the decree but I'm not confident in their reply. Good morning Usually the first step after obtaining a court decree is to serve a charge for payment. Essentially, this is a formal written notice demanding that the sum must be paid within fourteen days, failing which; the debtor is open to further action. The further action we can take is dependent on the information you have on them. For example, if you know where they are employed we can proceed with an earnings arrestment (only if they are a PAYE employee) or similarly if you are aware of any banking information we can serve a bank arrestment. A bank arrestment involves lodging a schedule with the named bank and anything above £529.90 in credit would be arrested. However, it’s important to note that the arrestment doesn’t capture funds deposited into the account afterwards, only at the time of serving the arrestment and unfortunately a lot of the times we are at the mercy of the bank implementing the arrestment the same day. Also, if the debtor owns articles out with a dwelling house (usually a car) we can seek to attach the articles with a view to selling it at auction to repay the debt. However, we must follow the specific processes for attachment and auction which have fairly restrictive timing and notice requirements for us to follow. To a large extent that precludes assets being removed immediately – any attached assets have to be reported to the Court and only following confirmation that the report has been recorded can we then start arranging an auction. The process of Attachment and Auction is not particularly effective as it currently stands – and that is without me getting into the difficulties and costs associated with auctioning assets. Charge for Payment :- £103.24 Earnings Arrestment :-£78.50 Bank Arrestment :- £105.94 I hope this helps but please do not hesitate to contact me should you have any further queries.
  6. There doesn't seem to be a section for employment only self employment so move if I've put this in the wrong place. I work for a local authority in Scotland. I travel around 800 miles a month carrying out my duties using my own vehicle. I’m compensated for the mileage I travel. As people in my team have retired and not replaced my remit has increased meaning I do more miles and carry more equipment. I initially had an estate car that was sufficient for my needs but gradually bought a van and then had to buy a 4x4 and use a works box trailer which I converted to carry all my equipment. The 4x4 was bought for the purpose of using for work as the van was not permitted in weight to tow the trailer. Today out of the blue I was informed they weren’t happy my private car towing the works trailer so they were giving me a van instead. Bear in mind I’ve been towing this trailer for over two years. While I’m happy at getting a van I now have a vehicle that I no longer need as I get about 30mpg while my estate car was 60mpg. If my duties didn’t increase due to people retiring and having to carry more equipment, I’d still have a 60mpg car. Now I need to sell my 4x4 and buy another car. I told my employers I’m unhappy a van wasn’t purchased for me years ago and I believe I’m suffering financial detriment as I will no doubt lose a lot of money selling and buying a new vehicle. The mileage I received every month was partly used to offset the cost of the 4x4. Now I'll receive nothing. Do I have a legal argument?
  7. I watched YT videos as no one responded on here at the time. The YT video was from a sheriff office, not any Tom, Dick and Harry.
  8. His 28 days to appeal expire today. As I understand it I now have to send him a letter with the decree attached asking for payment. Are there any template letters I can use? Bear in mind again I'm in Scotland.
  9. I have read and watched YT videos. There's no mention if I can do anything within 28 days to secure monies. I'll call the court tomorrow.
  10. The decree isn't actionable for 28 days. I'm concerned he may move assets to others names during this period.
  11. Here in Scotland a few years ago the local council misnamed a road. They discovered the error after a year or so. The police had to contact every person caught speeding on that road and cancel any prosecution. Whether they did or not is another matter.
  12. Is there any way to ring fence this money? Although it's 4k he might try and move his assets to his wife or family member.
  13. A wee update on matters. The Sheriff set a date for early November to meet with the second respondent (son) and try and come to an agreement. I was getting frustrated as this has been dragging on for almost a year. However he did suggest I make an application for a decision against the first respondent (father) as he hasn't acknowledge the court in any way. Even after the deadline being extended by 17 days in order for him to respond. Success! I just received a decree from the Sheriff granting me the full damages I asked for and over £300 for expenses towards the first respondent. So I might not need to meet the son in November if the father pays what he owes. I expect an appeal against the decision by the father even though he hasn't made any response to the courts. So I need to wait 28 days then I can take action if he doesn't pay. Bear in mind I'm in Scotland.
  14. I raised a complaint with PayPal which they rejected as Oneplus provided them with details saying the item was delivered. Of course the item wasn't delivered as it was left outside in my recycling box and gone when I returned home later that evening. I've raised a complaint with PayPal which they haven't responded to. I intend to take it to the Financial Ombudsman but I think I need to wait 6 weeks (can someone confirm). OnePlus stated the government ID can be my driving licence. I can't see how this would help. As i said I'm wary about sending them my driving licence. Why do they need this?
  15. Self certify yourself for 7 days. During that time go see a doctor and get a sick note if you need longer. What you're feeling now may not what you feel next week. I would imagine calling your work would only stress you out so email your work if you can telling them you're going sick. Get a friend to drop off your sick note if you intend staying off longer than 7 days. You don't need to provide a sick note for the first 7 days.
  16. Please forgive me I don't want to sound rude but if you just want to pack the job in without a fight what are you looking for on here?
  17. No safe space was nominated. I thought as it was a phone it would be left at the Post Office not left in a recycling box.
  18. Go sick with stress. Take a few weeks off and speak to Acas like the fella suggested. By resigning you're playing into their hands and potentially you'll lose a lot of money if you do.
  19. To be honest mate I'm fed up dealing with Axa. They don't acknowledge emails so I have to call them. The respondent hasn't made any attempt to settle the claim with Axa. He's let me do it all so hopefully if I get a positive result from the court he can deal with it. I shouldn't have been dealing with Axa at all. He should have and with hindsight I should have taken him to court a lot sooner but tried my best avoid court action.
  20. If nothing has been mentioned about your performance before then it sounds a bit fishy. I would recommend speaking to a solicitor specialising in employment law. Most give the first 30mins free of charge.
  21. I assume you're not a member of a Trade Union? You need to get legal advice.
  22. The second respondent did at the time but his insurance refuses to pay as asbestos contamination is exempt. The first respondent who was the main contractor has kept very quiet which makes me suspect he's trying to pass the buck on to the second respondent as he knows his company was liquidated in February.
  23. I ordered a mobile phone from Oneplus last month. A couple of weeks later I was alerted by Royal Mail the parcel had been delivered even though I wasn't at home. They said they had left the parcel in my recycling box beside my front door. They had a photo of this. However when I returned home the parcel wasn't there. I contacted Oneplus who dragged their heels over this so I had to raise a complaint with PayPal. Oneplus refuse to communicate through PayPal and keep emailing me directly but I'm copying their emails and posting it up on the PayPal resolution section so they know what OnePlus are saying. Oneplus are telling me I need to report the matter to the police and I need to send them a photo of my government ID in order for them to progress my complaint. I'm reluctant to do so as I didn't take receipt of the goods they weren't in my possession therefore I think OnePlus should report the matter not me. Secondly why do they need a photo of my Government ID? I'm wary of this for privacy concerns. I'm wary of dealing with these Chinese companies as they've been sneaky before. Opinions appreciated.
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