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Everything posted by Trurider

  1. Item 1 - is this your debt? Item 2 - Magistrates Courts deal with Criminal matters NOT Civil Cases - this is a Civil Case so the order would have to be made by the County Court. Item 2 - If the matter has not come to your attention - apply to have the order set aside on that grounds. Once the application is made the order will be stayed and the bailiff can do nothing until the court decide.
  2. A stayed case can be struck out for 'want of prosecution'. The longer it is stayed, the easier it would be for the defendant to have it struck out.
  3. There are plenty including your employers that do not understand the term 'without prejudiced'. The term is a legal term meaning correspondence that may not be shown to a court as negotiations are undertaken. Outside this, the term has no meaning so anything said in that meeting could be disclosed to a tribunal. Take a friend or union rep to the meeting and make your own record of everything said.
  4. I would write back with the date the SORN was submitted. Say it was sent Recorded Delivery but due to the period that has passed you no longer have the Recorded Delivery Slip - though it should still be in your works Recorded Delivery record book (Check this)and give them the details if you can find it there. The DVLA are notorious for 'losing' records. Don't Pay. Send a New SORN.
  5. Go to Environmental Health - Also contact the local paper. If they take the story up the Housing Association will look bad - they won't want that.
  6. Due to a change in the law, not following the ACAS procedure is no longer an automatic fail in the Tribunal BUT the fact they didn't do it will not help their defense were he to take them to tribunal. Have you checked whether your House Insurance policy has Legal Cover. They could also advise him on the potential of a case if you do. Better than a lot of uniformed advice here.
  7. Go and see the Citizens Advice Bureau - they will put you in touch with the right people.
  8. Terminated without notice? Speak to ACAS as depending on how and why, you may have a claim in Employment Tribunal for Unfair Dismissal.
  9. Their mistake their problem. The price quoted was an offer to treat. You offered, they accepted and indeed delivered. They haven't a leg to stand on legally. Any legal action should be contested as it will be dismissed. Don't worry - they can't do a thing.
  10. First put in a holding defense - this can simply say the claim is denied and the defendant request from the Plaintiff full particulars and documentary evidence of the claim and - the defendant requests a transfer of the case to XXXXX County Court - your local court. Arrow are rubbish - frequently chasing the wrong party.
  11. The Lloyds rule is a £6.00 overdraft fee per month and a MAXIMUM charge of £80.00 per month. Your problem was burying your head in the sand and ignoring any letters. Ask for a breakdown of all the charges made then negotiate a settlement. They are very sensitive to complaints as they have had far too many and been fined again and again by the regulator.
  12. The LAW says your employer has to give you four weeks holiday a year - now that can include Public Holidays but he has to pay four weeks holiday a year.
  13. It is up to them to prove it and I very much doubt that they still have the recording. Write to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR - they are very aware that Capital One and Lloyds Bank have been rejecting claims as a matter of course at first contact.
  14. They cannot get a Charging Order against your partner as the debt was not theirs NOR can they force the sale of the property which is half owned by them as that would be contrary to a decision made in the High Court in 1972 (Court of Appeal). Your partner can certainly apply and have any charging order against them removed and the costs of their legal action paid by the other side. You/They should check the House Insurance Policy as it may come with Legal Costs/Assistance.
  15. The Costs would have been Fixed Cost on the Summons and yes they don't need to be agreed or assessed. The order was to pay them £1,600 and you didn't.
  16. In regard to a charging order - you say that the property is jointly owned. On that basis they cannot force the sale of the property as that would be in breach of the interest of the other party. There is a legal precedent case on this. I can't remember the name of the parties but I remember my colleague David Coleman winning the case. They can collect if and when the property is sold - if that occurs. The charge would need to be discharged before the sale completes.
  17. You really think that the Conservatives won't be worse? They are only partly constrained by the Liberal Party otherwise they would have done a lot worse. However, the Conservatives are losing members over Gay Marriage and ignoring what the rank and file want. There are few NEW Conservatives. They are becoming the Republican Party of the UK. The Republicans can't win because they are a white's only party and the black's/Hispanic's and others simply outnumber them 2 to 1. No I don't support Labour or any of them.
  18. Unless the person you bought it from - was an authorized trader or gave a warranty then its BUYER BEWARE I'm afraid. If you did buy it from a garage then go back - reject it under the Sale of Goods Act as being of UnMerchantable Quality and demand your money back. If they refuse get Trading Standards of your local Council involved. Only though if it was an trader. Don't do anything else. You will be wasting your time.
  19. I agree it is Statute barred and any Bailiff could only enforce an order on the address on the Judgement not any other address. As you don't live there - what are they going to seize. They could apply for variation but then the issue of Statute barred comes up again. I suggest you look up on the Internet - Limitation Act - Debts.
  20. First the Interest can only be Court Interest on the debt - not added interest. Second - charge on charges - File a Complaint to the Banking Regulator and inform the other side of this. Third - Is the debt more then 6 years old - Have you ever acknowledged the debt? See Limitation Act - debt.
  21. Now, the first thing here is that you say that you left before the Investigation was completed. So, the company can't legally say anything about the matter as the Investigation was not completed without running the risk of being sued for defamation. The best they can do is to say you worked for them between X and Y and leave it at that. Reason you left - after 5 years - you wanted a change - to move on.
  22. First of all this website exists for people to ask real questions and get real answers - it is not a place for personal and unfounded opinions. Second - English Law does not change from day to day - we have laws that are hundreds of years old and still totally relevant. Third - English Law is based on Precedent (prior decisions) and one of those is that the authorities have to obey the rules and any breach of those rules invalidates their actions (fines). Unless you hold legal qualifications, I do. Please don't espouse your opinions.
  23. Make a complaint to the regulators - NOW. Detail all your calls and the costs.
  24. I also agree - you appear to have a straightforward case of Unfair Dismissal.
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