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About tgsh2006

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  1. The Bailiff was Mr Raymond Osborne formerly of Marston Group Ltd. Court was Winchester County Court before His Honour Judge Iain Hughes QC. Certificate revoked and costs of £168 ordered to be paid. Two complaints before the Court one of which I can't discuss as it is subject to an ongoing (and serious) criminal investigation. However, one of the complaints included refusing to properly identify himself, give details of his certificating court, and misrepresentation. I should say that aspect of the complaint had good solid evidence. The Bailiff had entered into a dialogue by text message!
  2. I'm sorry but if the Bailiff is attempting to levy distress for a fine or other sum adjudged to be paid by a conviction then forced entry is permissible (only when reasonable) by Schedule 4A Domestic Violence, Crime and Victims Act 2004. What is reasonable is considered in guidance issued by HMCTS; however, forced entry is a discretionary power and needs to be exercised in accordance with the HMCTS guidelines and it is very rarely (lawfully) used. The power is wide enough to even cover unpaid traffic fixed penalties such as speeding but not parking. Section 71 (7) Road Traffic Offenders Act 19
  3. Forced entry is permitted for a fine or sum adjudged to be paid by a conviction. This is by virtue of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004. A conviction is a finding of guilty for a CRIMINAL OFFENCE. Driving matters such as speeding are CRIMINAL OFFENCES. It does not matter whether or not the offence is subject to imprisonment or not. Indeed by reference to Section 71 (7) of the Road Traffic Offenders Act 1988 this INCLUDES fixed penalties, which have not been paid and subsequently registered with the Magistrates' Court for enforcement. However, any power of forced
  4. Pleased to report Marston Group have one less Bailiff this week! Mr Raymond Osborne had his certificate revoked in Winchester County Court on a Form 4 complaint! Also ordered to pay costs! Shows the system can work!
  5. If you paid over your deposit after 6 April 2007 I would issue proceedings for the penalty of three times the deposit amount.
  6. A letting agreement with a company must be by deed. A normal AST will not suffice. The company then licences occupation.
  7. Where are you based? Due to recent case law these claims are not as straight forward as people once thought. What's the basis on which you claim non compliance? Non protection? Or technical breach?
  8. The first thing you should do is simply fill in the Acknowledgment of Service (form N9). This forms part of the response pack. Indicate an INTENTION to defend the claim (you don't have to). The point is filing the AOS gives you 28 days (instead of 14) to consider your response. There maybe issues with the Particulars of Claim, which would entitle you so defend the claim (even if you owe the money) and thus force the Claimant to come to some suitable arrangement whereby you pay back over time but without a CCJ against you (for example a Tomlin Order). The AOS is relatively simple to fill in, an
  9. If you PM me I can organise a full copy of the judgment. The case relied on by LBL can be distinguished on quite a few points. Firstly it is very much Pre CCA 1974 (obviously) and therefore does not take into account the unique facts and protections that Parliament intended via the CCA 1974. LBL's BOS is attached to a regulated CCA 1974 agreement therefore I believe the Seal case is better authority, as it deals with the key point about having no interest in the outcome etc etc. Despite what LBL may claim the issue has NOT been the subject of a judgment on 'all fours' by the higher courts.
  10. I would not recommend anyone stopping cheques in these circumstances. Money Shop could sue on the dishonour of the cheque. There is no defence to an action brought in these terms except: 1. Fraud 2. Total Failure of Consideration A company could obtain a summary judgment under CPR Part 24 and you'd be faced with a massive legal bill if the company used Solicitors.
  11. Hang on I have found a case, which is very useful in my view. Citation is Seal v Claridge (1881) 7 QBD 5. This case is available as a full judgment (I have the copy and can supply to 'credible' persons on request). The judgment goes into some detail as to the purpose of a witness (or attesting person) for a BOS. Talks about having an interest in the outcome etc.
  12. I am currently looking to bring a case against Nine Regions based on this very point. I looked up the cited case on Lexis Nexis and unfortunately it does not contain the full judgment (just the head note). Whilst it was held that an Agent could act as witness I feel that the correct way of challenge would be in the context of the CCA 1974; i.e. if the witness has signed the CCA 1974 agreement as a party (in other words for and on behalf of Nine Regions Ltd) then there is a line of argument to distinguish present day BOS covered by a CCA 1974 agreement with what happened in the cited case over
  13. Actually that is not correct. Under the provisions of the Hire Purchase Act 1964 a person buying a vehicle in such circumstances (assuming he was not a knowing party) gains good title.
  14. You need to be served formal notice under Section 8 of the Housing Act 1988Only when that notice has expired can the landlord/bank commence possession proceedings. In addition the original tenancy agreement needs to make reference to the fact that possession may be sought on such grounds. The two months notice is to do with Section 21 of the Housing Act 1988 and is known as 'notice only' ground. That is used when the fixed term has expired and the notice period is 2 months to expire at the conclusion of the fixed term if served during the fixed term; or 2 months to expire on a rent day if
  15. You can continue to drive on a revoked licence for upto 12 months providing that your are not disqualified for any other reason by a Court. All you need to do is re-apply for a new licence and one will be sent (showing the endorsement).
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