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Number6

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Posts posted by Number6

  1. 12 months ago a suspended repossession order was agreed on my mortgage + arrears.

     

    Since then every condition has been met by me and every payment met well in time for at least the agreed sum, sometimes more.

     

    Today I received a letter which states:

     

    "As your full contractual payment is not being met each calendar month, I would ask that you contact this office within the next seven days to discuss other options that may be available to you. Failure to contact us may result in further litigation action being taken."

     

    Can anyone tell me what they are trying to do? I was under the impression that so long as I met the conditions of the SPO that was that.

     

    Advice please anyone?

  2. Hello all. It's been a while but I'm back again needing advice.

     

    Last week I received a CCBC claim form issued by Arrow Global Guernsey relating to an alleged Capital One debt of £562.59. In the PoC it states that the debt was assigned to the claimant on 25/02/11.

     

    I have sent the acknowledgement of service via money claim online and presumably have until 21st December to submit my defence.

     

    It's been a long time since I've had to defend one of these claims and I've forgotten the procedure. Could someone please point me to a link explaining what I should now do? Or give me a brief rundown on here?

     

    Many thanks.

  3. Sorry for the delay, I've been unwell.

     

    The problem has gone away; following my challenge to the association I received this email:

     

    Thank you for your email regarding the hearing and I apologise for not responding sooner.

    The Disciplinary Panel met to review the evidence submitted by the Secretary and Appointments Officer

    and concluded that the evidence so produced was insufficient in detail to warrant a disciplinary hearing.

    I am therefore informing you that the decision of the Disciplinary Panel is to cancel the hearing set for Friday 22nd February.

     

    Thanks.

  4. Hello, I think this is the right place for this slightly oddball problem.

     

    I am a member of a trade association, a local association but with broader implications.

     

    I'm a member primarily because being so is more or less the only way to be allocated work in my chosen part-time field. The association acts like a clearing house where organisations that require the services of people such as me give the vacancies to the association. It then "allocates" jobs to it's members in a manner decided by "the committee".

     

    The association, in my opinion, is a monopsony, belonging to it is the only way of getting work. It's also very cliquey - if your face fits you get the better appointments; annoy the "committee" and you may as well be dead.

     

    That's the preamble, now my problem:

     

    Over recent years I've had a few spats with them where I've berated them for poor organisation, unfair work allocation, etc. There has also been the odd occasion where I've confidentially informed the association of problems with a client employer and they've breached confidence by putting my concerns to the employer as though it was a complaint by me, which it wasn't. I've then been unfairly blamed for fallout between the association and the employer.

     

    In January they emailed me stating that due to my "attitude" I would not be given any more jobs. I emailed the chairman querying this decision and asking for reasons. The chairman, following my discussion with him, capitulated and said that I would be offered jobs. A week later I received a letter telling me I had to attend a disciplinary hearing citing untrue vague allegations, nothing specific - it's this coming Friday.

     

    Up to now I have no information about exactly what issue or issues they hold against me. I asked that copies of any documents or other evidence that the hearing would refer as well as specific details of the "charges" to be given to me by 14th February. Nothing has appeared.

     

    Yesterday I emailed again stating that I had heard nothing. I've had no reply at all.

     

    In my opinion it's grossly unfair to expect me to attend a hearing blind and then to be able to answer whatever complaints they have against me and I'm thinking of telling them that I'll not attend on that basis. However, that may be counter-productive for me.

     

    Does anyone have any experience in this sort of thing? Where do I stand legally? etc. What's best for me to do?

     

    I'm really feeling picked-on and badly treated here but I'm floundering to know what to do. If they give me no work then I'm going to be several hundred pounds out of pocket. I will also lose touch with this particular work environment which would be detrimental for my future prospects. I have done nothing wrong and I have no idea what they are going to accuse me of.

     

    Can anyone offer me any advice please?

  5. It was by post, dated 3rd December, received by me on 7th December.

     

    So, just to clarify. If set aside is granted then effectively the case is dismissed and I have to re-issue everything from the start, as per a brand new claim? And I have to pay all the court fees again? That seems unfair.

     

    And then what's to stop her saying that she hasn't received it all over again?

  6. Oh Lord! I meant 7th December, yesterday, that I received notification of the hearing. The hearing is Wednesday 12th December.

     

    You're confused? I must be seriously confused, sorry.

     

    Anyway, I've decided that on balance set aside will probably be granted so I'll just send in my written deposition to be put before the judge and await the outcome.

     

    If set aside is granted what does that mean in practice? Will the case automatically be relisted or do I have to resubmit all the paperwork from square one as though it's a new case?

  7. Bear in mind that you can send a submission to explain why you don't think it should be granted, but a) the judge is unlikely to pay attention as per above, b) according to CPR you should have sent any relevant documentation at least 7 days before the hearing so the judge doesn't legally have to take it into account.

     

    I understand about the likely granting of set aside and in truth there's no real problem in delaying the case from my point of view.

     

    However, I didn't even receive 7 day's notice of the hearing date so how on earth could I have sent anything in before 7 days? I only got two working day's notice.

  8. New heating boiler, not kitchen. My existing boiler is broken and needs to be replaced urgently as there is a disabled person and three children in the house. Cancelling is not an option and there is no-one available that I can call on to house-sit, neighbours and friends all out at work during the day and no available relatives. Wouldn't be appropriate anyway as I need to be on hand to supervise on certain technical matters.

     

    It would have been less of an issue if I'd received reasonable notice instead of two working days. But as things stand I cannot attend that morning and the court tells me there's no time to consider an application to re-arrange so what the heck am I supposed to do?

     

    Yes, we continued to converse on FB, primarily because the defendant kept sending taunting messages claiming that she'd moved house amongst other lies.

  9. To have a Hearing Vacated needs at short notice would usually require an illness or hospital admission, I don't think having work done at home would qualify.

     

    Understand that reasoning but giving me two working day's notice is not exactly good practice either, is it?

     

    Well there's no way I can pull the heating job at short notice either and as our existing boiler is not working cancelling the job until well after Christmas is simply not an option for a household with a disabled adult and three children.

     

    As usual, it seems, the system is biased.

     

    Surely if I send in a written deposition it has to be put before the judge? If it isn't would that not be an error in procedure?

     

    And no, there is no proof that the defendant received the claim pack but then there can never be proof as they are sent via ordinary mail. The saved Facebook conversations prove beyond reasonable doubt that she was aware of the case being in progress at several stages and she would have had ample opportunity to raise a query with the court. Would that not count in my favour? Absolutely anyone could claim non-receipt of the claim pack and unless the courts start sending them out recorded delivery no claimant can gainsay anyone that claims non-receipt.

  10. How do I best handle this situation? Defendant from whom I'm claiming cash refund + costs for faulty goods sold to me.

     

    Set aside hearing is 12th December; I received notification of the hearing at 3pm on Friday 7th November.

     

    I cannot attend the hearing as I'm having my central heating system ripped out and replaced on that day and it's essential that I'm at home.

     

    I telephoned the court immediately for advise on moving the date. The court official told me that as time was short I'm best off emailing my written reasons for opposing the application as, even if I sent the N244 first thing Monday there would not be enough time for the judge to consider it.

     

    The reason on the application is that the defendant claims she didn't receive the claim pack. It is total rubbish as communications have gone back and forth via Facebook and she was advised a) I was commencing court action, b) I had commenced action, c) telling her that judgement had been entered by default and that I was sending in the bailiffs. So she knew full well at every stage of the proceedings. I have copies of the conversations.

     

    I would have preferred to attend the hearing but it is simply impossible on that day.

     

    Should I go for an application to move the date anyway or not?

     

    If I do submit in writing could you give me some advice what to put in the submission please?

     

    Many thanks in anticipation.

  11. Hi Paul,I'm Mark from BBC Radio Sheffield. I'm looking at doing a story about a listener who has been in the same situation as you. Here's the details:A Sheffield doctor says he felt so intimidated by an unexpected threat by the Driver and Vehicle Licensing Agency to take him to court that he paid a £55 fine - despite the fact that he did nothing wrong. Iwan sold his car in January and immediately sent the V5C form to the to DVLA to register the car with the new owner.We are going to interview Iwan. He read about your situation on this website and sent me the link to the thread. I would really like to talk to you about the situation you were in and perhaps arrange an interview - to show that Iwan is not the only person who has been in this situation. I am looking to expose how many people the DVLA are making money from this way - I had a look at the FOI and was very disappointed that the DVLA managed to not reveal anything. If anyone has any ideas on how I can prove the scale of this issue, please do let me know.Could you give me a call at work please Paul? I'm on 01142675440.Best wishes,MarkBroadcast JournalistBBC Radio Sheffield

     

    Hi Mark

     

    You might want to check my thread on this issue:

     

    http://www.consumeractiongroup.co.uk/forum/showthread.php?345228-Failure-to-notify.-Another-case!

     

    I've been as far as Crown Court so far. The whole thing is a semi-legal money-making [problem].

     

    I'd be happy to contribute to any story you run.

  12. I'm getting exactly nowhere.

     

    I've had further protracted discussions with T-Mobile who say that the handset is blacklisted and because they didn't blacklist it they can do nothing about it.

     

    Checkmend say that they can do nothing but can only assume that the blacklisting has not been removed by Vodafone.

     

    Vodafone appear to be completely unwilling to do something as logical and simple as picking up the phone and speaking to T-Mobile to ascertain where the problem lies.

     

    I'm piggy in the middle who can do nothing about the situation because no-one will speak sensibly to me and ACTUALLY DO SOMETHING ABOUT IT INSTEAD OF SIMPLY PASSING THE BUCK!!

     

    All I know is that Vodafone caused this problem but they steadfastly refuse to do anything logical to address the problem!

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