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hummy

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About hummy

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  1. Thank you all for your tremendous advice so far. It's been fantastic and opened my eyes up somewhat. I never knew about the legislation regarding vulnerable people. Do u suggest that I right that on a bit of paper for my mum and ask her to hand it to the bailiff if they ever come calling. There are various debt collectors. Some are from the local courts I presume as the client is the council. Some are private....I will need to have a look at some of the older letters we have for them. At the moment we just send back all mail currently to the sender. I look forward to reading the recommendations of tomtubby, as they have been mentioned twice in the thread so I presume they are someone definitely to take note of. Thanks
  2. In the past they have done, but not any time recently. The situations where they have done in the past my brother has been at home. So they didn't pay the bailiff direct, my brother took it from my parents and paid the bailiff himself.
  3. Hi. I post this on behalf of my parents who are really worried now and very stressed out and needing some advice. My mum and dad own their own house, and are no in any sort of debt trouble as such. The problem they have had is with my brother. My brother lives on/off at the house occasionally. As a result of the actions of my brother they face plenty of calls from debt recovery companies as well as many unwelcomed visits from the bailiffs. The problem is that when my brother bought a car, he had that registered at mum and dads address.m All his banking is registered at mum/dads address. All his activiteis are registered at this address. He finds this arrangement to be perfectly suitable despite mum and dads insistence of not using their address. However he disappears fairly regularly. Since he has no fixed address he finds using mum and dads address perfect as they are always around. The main problem is that my brother ammasses many parking tickets, congestion charges which build up build up and build up to such an extent a bailiff has to come calling. Just last friday a bailiff came calling and now today again another bailiff came calling. My mum and dad are really stressed at having to deal with these people on almost a daily basis, while he continues to freely loaf, but other than sending back as much mail as possible to the sender and telling the many people that he does not live here things keep cropping up. Todays bailiff came due to a bounced cheque given for a car tax. The bailiff today said that next time they will be coming round with police. In the past bailiffs have come inside the house and start taking a note of the items in the house, when nothing in the house belongs to him other than his bed. My mum starts crying when bailiffs start recording the list of items as shes spent 20 years in this house and every item is hers and my dads which they have lovingly bought to make a house a home. Now i obviously understand that some bailiffs say such things to threaten you, but my mum has to deal with this sort of stuff, and her grasp of english is not great. My dad is usually at out during the day. So for a 55 year old asian woman, whos english is not great, threats like this do concern her. I myself live with my parents but am at work during the day, and work in another town so its not possible to come round the house when such things happen. Frankly they are fed up with this constant action but are not sure what the way out of these is. The last time he left was three weeks ago, and he has not been back since. Initially his car was parked on our driveway, but we have moved that from the driveway to a nearby public street. Can anyone suggest a way forward out of this, and somehow getting the stress off my mum and dad who are not blame at all for any of the debt. They have taken him off the electoral roll ages ago for the property. They are sending back any mail that comes to the house..they are telling any people who phone for him that he does not live here any more. My real worry is that whilst this is happening new parking fines are being amassed with all the fines coming to our house, as the car he owns is registered to this address. Whilst we can obviously send back post saying not at this address the dvla records state the car is registered at this address, so i fear we will continue to be in this problem. Sorry for my long post, but i'm its really getting to me now and i worry about my mother and what she has to deal with every day when i go to my work. Its come to the point where she is not even telling me now that a bailiff has come round today after i come from work. I usually find the letter or the card they have left with her and then ask her about it. I feel really sorry for my mum to have to deal with this sort of stuff and really want to see if i can find an end to this problem. Thank you in advance for your response.
  4. I am owed some money by an individual. He has some assets but these assetts are in joint names with the debtors brothers. I'm thinking of sending in a Statutory demand. I'm just thinking that if it does get to the point of bankruptcy how are shared assetts dealt with. # If anyone can guide me that would be great.
  5. I wanted to find out if it is at all possible to find out more about charges on a particular property over anbd above what the land registry details give. The reason for this is that i am looking to puruse a couple of people for a debt, unrelated to property and wanted to understand their financial footing first before proceeding with legal action. They have two properties. One is a commerical property jointly owned with their brothers. This is rented out and they receive an income from this. However i suspect it will be difficult to get a charge on this due to the following two restrictions: 1 (07.05.1997) RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court. 2 (30.10.2007) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate, or by the proprietor of any future registered charge, is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 26 September 2007 in favour of Commercial First Business Limited referred to in the Charges Register. They have a residential property with one charge already on there with Welcome Financial services which was put on in 2006. They have owenedc this house for over 10 years so i think there is some equity in it. I know the price they paid for the property and beleive the value has increased quite considerably going by the value of recent sales in and around that area. However, i do not know the value of the charge or the mortgage outstanding on the property. Are there any public ways of finding this information or any way a solicitor might be able to find this out.
  6. I was given a default judgement regarding some unpaid fines. I managed to get this set aside. There is a hearing in a few weeks time. However i have receioved all the paperwork in from the claimant regarding the claim with all the photos etc showing the car parked illegally and the signs on display etc. however now that i have seen all these i am not the driver and i don't know who the driver was. Can you please tell me what i should do. Do i need to submit my own witness statements to the court before a hearing. Do i need to send in an affadavit ? Any help gladly appreciated.
  7. thank you to all you ahve responded, and i shall be contacting the courts tomorrow when it opens. I have attaced the cournotice received. Perhaps someone can see if there is anything there that is suspicious. Obviously, i have blanked out my address details. http://tinyurl.com/kvvwao I have also contacted lawanswers.co.uk and got the following response from them: "You must apply to the court to have the judgement set aside It always deeply concerns me that judges can give judgements like this These private parking tickets have no legal standing , when scrutinised and contested properly and if the judge had any common sense, in my view, or did research on the subject should know this It has always worried me also that papers from the court are deemed to have been served without any signature taken from the recipient or member of the family or even anyone The Royal mail seem to lose or wrongly deliver a relatively large amount of mail. If something is just slightly addressed wrong then the letter can be weeks and months to be delivered. i suppose some of that is down to the computerisation whereas a postman working or sorting the same round for years would know immediately. Valid reasons to have your judgements 'set aside' (to be used on n244 form) Introduction To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible. We have listed quite a few valid reasons below. 1. Were you given 28 days notice in order to pay? 2. Were you living at the address when the summons and judgement took place? 3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons. 4. Did you receive the summons? They are not sent by recorded mail. 5. Maybe you were unable to attend court and defend yourself. 6. The judgement should not appear on the credit files if it was paid up within 28 days. 7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement. 8. If you did not receive any notification of the judgement/s made against you, then you can appeal. 9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount? 10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons? 11. It could have been that you were away from the time between the issue of the summons and entry of the judgement? 12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you? 13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing? Lastly... You can use any of the above reasons to have your judgements set aside. Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail. This gives you the chance of having your judgement/s removed forever." Any comments and feedback appreciated.
  8. no my car has been with me all the time, never been clamped, or even had a ticket. So i find is strange also that a judgement has been issued. I have never even received any court papers regarding this, i thought when someone submits papers to court the court should sent a notice to me.? I never received these.
  9. yes it has been sealed by the court. It came in an enevelope with the northampton address at the back. There was a leaflet in the envelope explaining the process and what i should do. I'll scan the paperwork and upload it here soon. The issue is really why i should even pay this when i have don't belive i even owe it. THere is no recollection of the parking ticket and i hacve never received any notices.
  10. Could someone please help me. Today i received a default judgment for claimant from the county court. It is for just over £1000 and i have no recollection of the debt. The claimant is Observices Parking Consultancy I cannot find any contact details for this company on google and there is no phone number. I have been never received any parking notices from this company and never received any court papers about the claim. And now i am served with a default notice. The first payment according to the notice was due on 28 May. But i have received the notice today. So i guess the next thing they will do is send a bailiff. I do not owe this money, never received any notice for this how can i dispute and what should i do now....to try and resolve this.
  11. Hi, I have a financial dispute with two individuals whom i lent money to and who are now disputing that they owe it to me. I need to start involving solicitors now and possibly even progress to issuing legal proceedings. I'm slightly worried about the escalating costs of lawyers and court proceedings and need some help with funding. I earn over £27K so would not be eligible for Legal Aid. I live with my parents who have legal expenses cover on their insurance policy. Having checked with them they say that my type of claim is not covered under the policy. So i am somewhat stuck now regarding funding my litigation costs. Is anyone aware of any type of insurance policy that might cover me or any type of help that i may be able to get. Any help and advice appreciated. Thanks
  12. Hi. Ok will investigate the CSO and OFT sites in more detail and submit a letter. I'll post the letter up here. The other thing i just noticed now although i don't know if there is anything in it, is the 0870 tel number has a star beside it. But no where in the documents i've recieved is there any small print to indicate what the star refers too. The other side of the page is blank. Thank you all for warning me about this and i'll check out the CSA and OFT websites to see how i proceed further. Thanks
  13. thank you very much for your replies. I was initially worried when i got the letters but i will think nothing of them for now and just keep them as evidence for future reference should the need arise. I'll let you guys know if after 14 days i receive anything else. Don't know what i would have done without you guys. Thanks Hummy
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