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becsimon

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About becsimon

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  1. I wasn't sure on legislation that's why I asked. Its a brewery who issued a high court claim for rent/goods totalling £39k, currently stay in proceedings for negotiations we admit approx £14k of debt the rest disputed, we have no more to offer so why secure a judgement against us, what do they gain?
  2. Can anyone help, I believe there is some legislation which states that a creditor should not start court proceedings unless they have something to gain. A credito has accepted £20pm for a £25k debt in a without prejudice leter yet want to proceed toget a judgement for debt, we have no property or assets and can afford no more than £20pm so judgement will be of no benefit? Can anyone advise
  3. Hi booked a small break in April using Travel Soon (who are ABTA bonded) apparently they acted as Agent for You Travel (who are not ABTA bonded) however we were not aware of this. The break was for 3 days all inclusive. When we arrived in resort at midnight our transfer took us to Hotel and Hotel was closed, we subsequently found out it didnt open for the season until 2 days after we left!!! Unable to get hold of anyone from Travel Soon until the following morning, they contacted You Travel who initally said Hotel was open and we had not showed up!!!! Eventually they transferred us to a different hotel which was completely different location to original Hotel. We got to Hotel at 4pm - we have reclaimed with receipts for hotel we had to book into, meals snacks and drinks, taxi and bus fares and mobile phone top up to sort out and also compensation for the lost day of the holiday totalling £351! not a huge sum of money but You Travel refusing to pay anyone have any advice
  4. Our argument is we agree to the money owed on the account for goods purchased, but not the rent that they have charged for the properties. They have however lumped it together as one amount for goods???? Any help with AQ would be great if you have ones against pubs??? Do I try and negotiate with solicitors directly or just deal with the Court????
  5. what does this mean??? Will a Judgement still be entered into, Im desparetly trying to avoid a CCJ of this size??/
  6. I submitted a defence based on they did not allow time to reach a settlement have ignored attempts to settle, have nothing to gain by taking Court action as we have no assets or money and they they should re plead their particulars of claim, I have now received an Allocation Questionnaire??? W
  7. yes i have a financial interest in the property its the property i bought with my ex partner, hes prevented my access to it
  8. Advice needed During 2007, I fled a jointly owned property from an agressive partner, a company say they have issued a CCJ against me at this address and have been successful in obtaining a charging order against the property. As i had no access to the property I never received any Court paperwork. I have also received my credit report after the alleged ccj was obtained and its not showing on my credit report as being obtained, how do i remove charging order and how did they get without a ccj????
  9. Can anyone help, myself and my partner used to run 2 pubs however due to lack of support from the pub company and also extortionate rent we quit in February 2012. During March 2012 we wrote to pub company confirming that we wished to make an offer of repayment of any sums owed in respect of goods however disputed the level of rent we hd been charged on both pubs. We received no reply. In November 2012 we received a pre action protocl letter from pub companys solicitor , we sent a lengthy reply stating we had wanted to make a repayment offer in respect of the o/s goods but disputed the rent and had received no communication from the pub company. We received no reply to this letter. We have now received a claim form in respect of the sum of £39,245.45 which is stated is in respect of goods. This is not broke down between goods and services. What do we do as we wish to avoid a CCJ, myself and my partner have nothing the pub trade nearly caused us to go bankrupt and we now survive on a small income, we explained to both pub company and their representation that they had nothing to gain by taking this action as we own nothing and have nothing??? Any advice on defences to this debt and the fact the rent and goods have been lumped together for claim form purposes?????
  10. Im after advice on a number of issues surrounding my employment, on 30th January 2012 I commenced employment for an organisation. About a month ago they told me my job role would be changing. They then advertised what I consider to my my job role albeit the job description was changed slightly but effectively doing the same thing. I havent been given a new job description for my role. I applied for the role and had an interview on tuesday. In the letter it said I would be interviewed by 3 people. However at the interview I was only interviewed by two. The interview was scored. All the other candidates for the role were interviewed by two people but not the same two people as I was interviewed. The role was offered to someone yesterday morning, a further candidate came in for interview yesterday afternoon and was sent away as job had verbally been offered to someone, I was told at 430 yesterday that I wasnt successful. The advice i need really surrounds the change of job, no new job description and also the way the interview was handled. I dont see how the process was fair as not the same panel interviewed all the candidates. Would welcome advice!!
  11. Sorry for the delay in responding to this in total my original debt totalled £695.62, I actually repaid £989.62, so paid £294.00 over the debt presumably in charges. Do I have any recourse on this and who should I complain to????
  12. Well guess, they won, spoke to Council who werent particualrly helpful she said they could charge reasonable fees and that these get covered before the actual debt! Repaid the debt in fulll of £105.62. Was then told Bailiffs were prepared to reduce their fees by £168, but that left a total amount outstanding of £294, paid it under duress and due to intimidation by Bailiff, clamp has been removed. Account satisfied. Not sure if I have any grounds of complaint or recourse now or any chance of seeing any of my money again?????
  13. They have this morning returned at 640am and clamped my vehicle and are now driving round and round the block!!!!!!
  14. These guys are really a nightmare!!! Here is the letter that I today forwarded to the Council and AJE. Which details everything: Dear Sirs, Re: Your Ref: NPT14235, PNT02609, NPT14676 I write with regard to my recent dealings with yourselves following your instruction by Neath Port Talbot Council to collect outstanding Council Tax debts. I understand following confirmation with Neath Port Talbot Council that the amounts referred to you for collection on the three accounts were as follows: £332.86 referred on 14th May 2010, £94.70 referred on 27th May 2010, and £268.06 also referred on 27th May 2010. A total debt of £695.62. To date payments have been made to yourself totalling £590.00. I am therefore submitting with the hard copy of this letter the total of £105.62 which is the total amount outstanding to clear my indebtedness to Neath Port Talbot Council. With regard to each account there appears to be an element of discrepancy regarding the fees/charges you have added and I am told that you are not by Law entitled to make a profit when recovering debts and are regulated in what can be charged. I will deal with these accounts individually for ease of reference. PNT02609 For this account you state your charges as £32.00 for levy, this was actually your first visit and therefore the maximum that is allowed for a first visit in Wales is £22.50. You then entered a fee of £11 for Walking possession which is the set amount applicable in Wales and is therefore not disputed. You then made a fee of £30 for a bounced cheque which I do not consider you can legally do and is therefore disputed, my partner was charged by his Bank for the bounced cheque and therefore surely you would not encounter a charge. You then have added a £125 enforcement fee on 20th July 2011. I was actually at my address that day as was the vehicle you had placed a levy on and your Representative made no attempt to knock the door or remove the car, he merely posted a red removal notice through the door. A fact which can be confirmed by my CCTV system. I would also point out that the Removal Notice left that day has the reference number NPT14676 on it and not PNT02609 as you have charged it against. The account NPT14676 has no levy of goods attached to it and therefore is not subject to any levy. On this account I therefore accept your fees to be £33.50 and not the £198 you are claiming NPT14235 You claim you were seeking the total as per order of £137.20, Neath Port Talbot Council have confirmed the amount outstanding on this Liability Order when matter was referred to you was actually £94.70. On this account you have credited £22.50 for a first visit, a levy fee of £24.00 and a walking possession fee of £11.00. I will accept the fee of £22.50 for a first visit. However I do not accept the levy fee as the debt was under £100 the maximum that could be charged is £22.50. I have not yet clarified whether legally you are entitled to charge a levy and walking possession fee on 2 accounts when they are actioned on the same day. You again have added a removal fee of £125 when again your Represenative attended he made no effort to remove goods which were on site at the time, and merely posted the Removal Notice with no attempt to speak to me. I would also point out that this Removal notice is completely blank except for the reference number, no debt details or names or times have been completed and I would therefore suggest has not been validly completed. On this account I therefore accept your fees to be £22.50 NPT14676 On this final account you have charged £22.50 for a first visit on 29/9/10 which is the same date that you attended with a removal notice for account NPT14235, on this date your representative made no attempt to speak to me and merely posted the removal notice, no paperwork was left regarding account NPT14676. On 8th April 2011 you have charged for a second visit, this amount is disputed as I actually had informed you I had moved address and you still made a visit to my old address. I therefore dispute any costs on this account however as a gesture of goodwill I will be prepared to pay the £22.50 first visit fee. I therefore agree to repay you fees in the sum of £78.50 immediately providing no further attempts are made to recover any further funds from me. Perhaps you can confirm your acceptance of this by return. If this matter is not agreed in an amicable fashion then it is my intention to seek advice through the Courts regarding your fees. Yours sincerely And AJE's reply was:- We are of course fully conversant with statutory legislation in respect of Council Tax and the charges on your account have been applied under Statutory bailiff fees have been applied to your account in accordance with the Council Tax (Administration and Enforcement) (Amendment) (No.2) Regulations 1993 Regulations 45 and (Amendment) (Wales) Regulations 2004, Schedule 5.1 A (i), (ii), B, C & E (ii). While we have already confirmed our position we would reiterate that lawful recovery is on-going.
  15. Have read the newsletter just concerned regarding the timing of it all!!! As I think they are likely to take the car in the next day or two???
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