marmaris30
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Everything posted by marmaris30
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It sounds like you have some reasonable arguments to me, and you're welcome. I hope one of the more experienced forum members will be able to help you further and ensure you're on the right track.
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You need to be careful with the term 'without prejudice', as all it does is enable letters to be withheld from evidence, where they represent a genuine attempt to settle out of court. They might try to argue that once it has been to court, the tag has no effect, and therefore introduce them as evidence of an admission of liability. However your defence, by the sound of it, is that you were happy to pay whatever amount (do you know how much?) had you been notified, and that the CCJ is an abuse of process because it was never necessary and you have evidence of their messing about with addresses. Their counter-argument could be that you knew you had a T-Mobile account and that you ignored it, thus justifying the eventual legal action regardless of process.
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It looks like you can construct a decent case that their tactics are an abuse of process - hopefully someone will come along who can help you do that and apply for a set-aside. In your letters about payment, have you made it clear that payment is under protest? Also, when was the last payment actually made to T-Mobile? The trouble is that if you did actually owe them money and this was less than 6 years ago, set-aside simply resets the proceedings to the claim stage and you'd then need to enter a defence.
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I don't think you will be lucky enough to lose the points but I'm sure you don't intend to acquire any more!
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This sounds like a claim for Constructive Dismissal, with the personal injury being a separate matter. Have you not considered the Employment Tribunal route (if there is time left), which will be less costly?
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What/who is Insolvency Exchange? If this refund has arisen from an account that was included in an insolvency (bankruptcy, debt relief order or IVA) then unfortunately, the money belongs to your creditors. Apologies if I've got the wrong end of the stick.
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A sole trader is not a company, so you are neither a director of nor involved in the management of one. To form a company, it has to be registered at Companies House, and you say that you are not. There is no restriction on bankrupts trading as sole traders or in partnership, as long as you comply with the restrictions on you personally (e.g. no credit over £500 without declaring status etc., plus you must mention your own name if you trade under another name). If at some time you did want to form a company, you would have to wait until you are discharged as bankrupts are not allowed to be company directors.
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Oil Pump Failure Skoda Fabia 1.4
marmaris30 replied to Pipandmousie's topic in General Motoring Issues
An oil pump does not normally fail on a car because it's usually such a simple device, although I'm not familiar with that particular engine. Water pumps fail but that's another matter. We know it's four years old but what's the mileage? Are Skoda alleging any negligence on your part, such as failure to change the oil as indicated by the car or service schedule, failure to follow service advisories, or failure to stop the car safely at the first sign of trouble? If it's average mileage, you stopped as soon as you safely could, and all servicing is in order, then it's worth trying again to get them to agree to help with this, not least as a loyal Skoda customer. Meanwhile, see whether this is a common failure by searching motoring forums. -
If you speak any French then it's definitely worth arguing the price with the garage. Otherwise they'll just charge you as much as they think they can because they think you won't argue. If it's all been done then you don't have as much room to negotiate but you are still entitled to a full breakdown of the price (excuse the pun) before you pay. If there is really any over-charging then it should then be obvious. Most things are more expensive there though.
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its all kicking off in my neighbourhood
marmaris30 replied to dosb123's topic in Private Land Parking Enforcement
I imagine the Council will want to know who painted their road so maybe they'll make some enquiries of their own accord and hopefully bang some heads together. Although if the road is private land / unadopted then they won't give a damn. -
If you are not the Liable Person and certainly not related to anything for the whole six months, then the Council should ultimately accept that the Liability Order has been granted incorrectly. You should complain to the Chief Executive in writing, explaining the facts and where you believe the mistakes have arisen. You could have grounds to have the Liability Order set aside, because you are not the Liable Person and you never received the summons. It is very unusual for Magistrates' Court orders to be set aside, so you might need to seek specialist advice if the Council continues to be difficult. It would be better all round for the Council to admit their mistake!
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its all kicking off in my neighbourhood
marmaris30 replied to dosb123's topic in Private Land Parking Enforcement
Best not to get involved if parking issues don't actually affect you - it sounds like both parties need to grow up. If invited to take sides, you can simply disassociate yourself from the issue! And yes, anybody can put out flyers but if they're derogatory then I'm sure the named party can sort it out themselves. -
Commercial letting
marmaris30 replied to cool4ny's topic in Residential and Commercial lettings/Freehold issues
Is it in the contract that your rent will be collected in person every month? Is there some reason why you think the rent is not due? Has he come too early on his latest visit? If not then you probably have nothing to complain about and you won't improve relations by using bad language. -
You should write to the bank asking very nicely for the charge to be refunded, as it was an honest oversight that the charge was made, as evidenced by the fact that it has (or will) be refunded. If your account has otherwise been well-run then they will probably accept that. If they refuse after two letters then you should probably just pay. Either way, close the account once resolved. You run the risk of fraud and further 'mistakes' otherwise, which will be a problem if you come back to the UK. If sending letters from abroad then I suggest paying for proof of delivery (signed for). Or maybe you could get a friend in the UK to print the letter out and post it in the normal, cheap way.
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Ex-partner refusing to retun my belongings
marmaris30 replied to Monkey36's topic in Benefits and HMRC
The only route to forcing him to hand over what you claim is yours, would be to make a claim in the county court. You could ask for delivery or just claim the value. However, with it being 'domestic' and there being a lack of definitive receipts (a credit card statement shows what you spent when and where, but not on what), the chances of success are probably 50/50 at best. Taking him to court would also almost certainly permanently sour things from the outset and he might suddenly find the money for a solicitor, which puts you at risk of costs, depending on the track. I'd suggest that you continue trying as hard as possible to reach an amicable agreement, for example by letter, for a fair period before you even think about drastic steps. -
Weightmans LLP chasing an old debt
marmaris30 replied to dunnie1's topic in Debt Collection Agencies
I agree - there's no point in letting on more than necessary so just tell them that it's SB and that's the end of the matter. Chances are a SAR wouldn't turn anything up for something older than 6 years, which this is, so even that would be a waste of a stamp. -
Had you actually done what they are accusing you of, then paying the £86.90 would have been a fair cop. But you didn't. Indeed, Would it actually have been possible for you to use the ticket twice, given the journey time and connections, if you had actually wanted to do so? If you were out of the country on exercise, and the tickets were for your travel to and from the departure point, then you could presumably provide or obtain evidence of this from your unit, including exact timings. Then you could make a case that what they are accusing you of is actually not physically possible given the journey time, connections etc. from Telford to Leeds. If such a case can be constructed, on top of a statement on oath about what happened with the ticket inspector, then they would be foolish IMHO to persue it any further. You could even go to a solicitor and make a statement on oath, or equally this might be something one of your Officers could help you with.
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The alternative would have been to organise the cleaning and rubble removal (rubble?!) at your own expense, before you turned over responsibility to the agent and agreed for them to commence a new tenancy. Or you could easily have lost income while the agent arranged cleaning on a slower timescale, to the letter of the contract. If your agent has found you a decent and reliable long-term tenant by getting them in sooner rather than later, they will actually save you money in the long run, especially as your experience of direct letting has clearly not been a good one. You admit that you wouldn't expect tenants to move in before this had happened, so I'm not sure there's much to worry about here!
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Firstly, I appreciate that it might well be a hard decision to go back to an employer you fell out with. However, your comparison with a supposed assault is not that useful because in a criminal case, the victim is not the claimant (the CPS is prosecutor and decides whether to proceed with the case, with or without the victim). In this case you are both victim and claimant, and the defendant appears to have offered a reasonable solution to the cause of the claim. If you can be reinstated with flexible working as you originally requested, and if you can keep the redundancy money to compensate you for loss of income since, then it doesn't seem like the claim has much left to discuss.
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Bankruptcy does not apply to companies - you'd apply for a winding-up order instead - but either way, it carries quite a large fee!
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If you have obtained judgement in your favour then your case is unaffected by any stay and you can proceed to enforcement. The only risk if you wait any longer is that they'll wake up and apply for the judgement to be set aside (only likely to be considered if you obtained judgement in default). The easiest, quickest and cheapest option is probably to apply for a Warrant of Execution from the County Court. They'll send the bailiffs in to remove goods, and the costs will be added to the amount owed.
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I know I may have come across as unsympathetic but only because I think SLC will be! I doubt they will be very encouraged by a promise to repay the full amount 'soon' with money borrowed from somewhere else, because their concern will be to enforce the repayment scheme, which is 9% of gross income (i.e. before tax) above the relevant repayment threshold. In the UK, this is enforced directly by your employer via PAYE, or via HMRC Self Assessment, and it is therefore payable with the same priority as your taxes. In any case, the loan you propose to take out, presumably from a bank in Oz, would have to be repaid on a fixed schedule, irrespective of changes in your income, and the interest rate would almost certainly be much higher. In the UK, they don't even advise using savings to terminate the loan, because it's not a good use of the money. The Student Loan is very forgiving because of the low interest rate and income-based repayments (and it doesn't even appear on credit files), even if it is unforgiving of other problems and personal circumstances. On the other hand, it can only help the situation if you contact them and discuss how to get back on track. It is true that many people do default from overseas and it is true that SLC have not been very good at pursuing them (according to the papers), so the fact that you are making an effort to sort it out from the other side of the world, must count for something!
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Unfortunately there is no latitude for SLC to reassess your payments based on hardship or other needs for the money due to them, because it is assessed on your gross income before any deductions. If your hardship is due to a low income then you don't have to worry too much about SLC, provided you talk to them. However, as I'm sure you know, there are different thresholds for different countries and you should make sure the correct one is applied for residence in Australia. They would be unlikely to check if you had more than one source of income and only provided information about your main job. If your income has fallen then get it reassessed straight away. You will not make it any easier for yourself if you delay telling them, because they will 'estimate' your repayment at a standard (high) rate otherwise. If you were working in the UK then the repayment would be deducted from your salary because it even hit your bank account so unfortunately for you, they will not take a sympathetic line if you decide to attach other priorities to the money. They can and do commence legal proceedings for arrears outside of the UK, although it is quite rare. However if you let it get that far then you will see lots of penalty and legal fees added on. Even if you disappeared, these would be collected eventually if you ever came back to work in the UK. Better to talk to them now and ensure your repayment is set correctly, and a realistic plan is set up for any arrears.
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Moving into our first house
marmaris30 replied to Newbee1's topic in Debt management and Debt self-help
Council Tax nevers appears on any credit record under any circumstances. Avoid a joint bank account of any description. If you are legally married then you and here have an equal interest in the house, but this does not link you on a credit record unless you are also joint mortgage borrowers. -
Represented Cheque
marmaris30 replied to Stopthethieves's topic in Yorkshire Bank and Clydesdale Bank and Northern Bank
Cheques are either stamped 'refer to drawer' or 'please re-present', depending on your bank's judgement of what has happened. You shouldn't really write cheques on accounts that don't actually contain funds to pay them, but since this was clearly not meant to happen, you could certainly plead your case as a complaint. If you don't complain formally, you'll get nowhere.
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