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Whatnot

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  1. Whatnot

    Weary tale of woe

    MY daughter just told me she’s been paying off a fine for £600 a bailiff called at her next doors , whilst there they clocked her car in the drive way , not sorn not taxed off the road ... I know i know broken waiting money spending on it [ Ford] turns out the DVLA took her to court in Bristol long way aways because she hadn’t told the DVLA she’d moved and BENETTS bought the debt , and chased her up at the new address to collect the payments ... how horrid is that?
  2. Hi Bazza I really don’t mind who moves here it’s out of the flats I’m after , but now I’m stuck here trapped unless I fall over and damage myself permenatly or sadly get a medical condition that requires ground floor accommodation. I feel like in old age older folk require the right accomadation for their needs to help them keep their independence , but to keep me here trapped in a first floor flats is not fair. as a group to simply eliminate your place on the list due to age is nonsense I fully appreciate there is a housing shortage but by keeping me here is wrong? If the council were to have to house folk earlier in care homes due to residents being in isolation it’s certainly going to cost the tax payer a lot more , and as the population is made up of a very large % of elderly this policy is shortsighted to say the least.
  3. .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either . ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home , no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty) relating to age discrimination. But I’ve also come across this in LAW Quarterly online Mag. LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing). Interesting i thought?
  4. After a lengthy complaint my HA communications manager has awarded me a refund for restricted services , however he states that as I’m in arrears he’s going to apply it to my rent account . 1) Not in arrears I’m just not in advance , and as I’m currently in dispute (again) with Council they say it’s ok to be. 2) why should anybody apart from the rent team have access to my personal rent statement /account? 3) who is officially authorised to see such sensitive data? 4) Embarrassed and shamed reading a letter from manager who thinks I’m in debt, who thinks awarding me £50 is a big gesture! Thanks
  5. MF I have nothing but admiration for you, I’m very glad that you have the buyer , if it were me in your position now, I would go back to court and let the judge know the other party are trying to add costs even tho these can sometimes be added to the final mortgage amount and and find out if indeed it was the judges intention you should be liable, because maybe there is a difference between a secured loan and a mortgage ? The other aspect worth mentioning i think, is that firstplus failed on many counts to adhere to pre court action protocol also failed the the lenders duties, together with many other aspects listed in the shelter advice site leading to: order the lender to pay your legal costs and stop your lender from adding their costs on to what you already owe them.
  6. Hi Andy, all, update on case, after a subsequent hearing today in relation to SB payments the first line of our defence was thrown out, due the probability the payments the claimant had on file were those of DCA in respect of M&S .. 2nd line of defence unenforceablity case for the defendant, on the grounds of no evidence of a default notice served, no copy and claimants blank template notice insufficient document and unsatisfactory, case dismissed! NB Judge also made mention of the assignment notice, and copy of contract but was only directing on the two grounds at issue today, SB and Default as set out in previous hearing of January 2015. Thanks for all your help folks, to all facing court, know your rights, speak up for your self, don't be afraid of the system, it works with you not against you..
  7. Hello again, I wold just like to know, if i file my witness statement but want to add a further statement, with late evidence say on the day, can it be done?
  8. can i ask a few questions regarding claimant witness statement please? 1.A s i (we) entered only the SB defence does it mean i can no longer ask about documents relating to the case, ie assignments credit application form ect.. as the WS (claiment has mentioned these.. 2. Is a microphese copy Small as it is constitute a true and real document? 3. the Credit application is dated January 2007 with a default with a default date of Dec 2008 is that date SB as if no payments on account can substantiated? ie proved/ I wrote and asked for the original credit source of the contended payments with no clear answers, how do i bring this to the attention of the court? 4. if the assignment were to came from anoyher debt company do i not need these assignments as well? 5. how do i defend the costs and interests of the claimant? please? Many thanks
  9. Just says DJ has considered the statements of case and questionnaire filed and has allocated the claim. . that the claimant should pay the fee, and if the case is settled we should inform the court. but if the claimant wants to withdraw before the court date t hey must give seven days if they want the fee back..
  10. The District Judge have ordered to file and serve at least 2 weeks before the hearing, Witness statements one for the Court and one to the Claimant .. it states "who is a witness" - "can be anyone who attends court to say things in support of either sides case is also a witness", my question is: can that be me on behalf of my Daughter who will also be present? Starting to prepare witness statement will post when i have a rough copy for approval..
  11. Ok.. So we now have a small claims court date 21st January, 2016 and that the Claimant shall pay a fee of £335 by the 9th November refundable 7 days before said court date if they want discontinue the claim.. IE if it looks like i made a half decent case against them.. because they have not given all the correct legal prerequisites..
  12. Thanks Andy, As we havent heard from the court since April, does this mean they are not going to proceed with Court possibly??
  13. Hi all, So, the latest is we sent the DQ and mediation said that as the claimant hadn't sent any/all the documents to us as required we were awaiting a small clams court date, - none received, instead today we get the "Periodic statement" dated 5/10/15 to include costs: 15/4/15 £80 - costs 15/4/15 £185 - Fees increase 15/4/15 £96.85 interest original debt £3004.12 New figure £3365.97 - claimants amount as in court papers from MCOL "Please note if legal action is taken on this account please note this statement will not include legal costs and statuary interest which is being claimed but is yet to be awarded by the court". As yet no court date? any thoughts please anyone..
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