Hi I'm in a sticky situation here. Basically I was sold some t-shirts of a low standard, I sent them back and he said he'd refund me - it's been 3 months of constant lies and rubbish an no refund. I want to issue a CCJ (County court judgement). The only thing is, everything has been done via FaceBook messages with the company page - they're not a registered company LTD, although they do refer to themselves as a company, they havea trading adress but no where on their website or invoices have they said they're apart of any group or trading as a company. Shall I issue the CCJ against him? Please help.

Hiya, Bit of advice needed, I have a CCJ against me for £5000 that is currently outstanding. Originally I was hoping to have this paid by the end of Feb - awaiting for a compensation payment to come in which would cover it - but that has come in late so looking like the end of April would be the earliest. There are two things I need advise on - Firstly is there an official form I need to fill in to propose the above repayment Secondly- Its a strange one but the debt is a personal money owed to someone, I have requested a number of times in writing but they keep sending emails/ calling my dad regarding this saying it needs sorting today or baliffs are coming to visit me etc, are they allowed to do this? It has nothing at all to do with my dad Many thanks for any help given

After 10 years with one employer and no disciplinary hearings or misdemeanours I seem to be heading towards a final warning. My first disciplinary early May 2012 was due to not being able to help a caller on the phone as it was at the end of my shift, but I had returned to work after time off with clinical depression and also after my father in law died. I was told it may be a disciplinary hearing a week later. I was then on holiday and had an nasty accident which meant I did not go back to work until September 2012 and on a phased return with reduced hours. The disciplinary was brought back up in November 2012 - I received the letter Friday afternoon for the hearing the next week Monday or Tuesday. Little notice but I went ahead. To be honest I wanted it all over and done with. The outcome was a verbal warning to stay on my record for 6 months. At the time of the call I was ill on a phased return with a sick note. In March i was pulled up for taking a call where i was not very helpful to the caller and possibly cutting the caller off. Not my normal style of call, but mistakes do happen. After 2 weeks of not hearing anything I chased up when the hearing was going to be and by the end of that day was told it would be in on Tuesday after Easter. I found as it was Easter it was too late to get union or even ACAS advice. I went into the hearing with a colleague, and have come out with a written warning which will stay on my record for 12 months because of the previous verbal warning. I think this is unfair because it seems extreme in comparison to what I did, and what other people have done, also its a written warning because of the time factors involved with the first hearing. I have not yet received anything in writing. At the time my manager was referring to a version of events I had not heard before, this was later found on a record I could view after the meeting. Is it worth appealing - i have admitted the difficulties i had in the call, and the type of help i would benefit from in the future so part of me wants to forget it. I

Hi. I was only driving for a month, i had a crash, one passenger - my friend. Whats happened is, the vehicle was taken to a recovery yard, at this yard the vehicle came under arson attack and was burnt out with about 15 other cars. My insurers were happy for my policy to continue ( i paid in full) and they are happy to wait for me to add a new car and continue as first. Now, my friend who was with me had two broken ribs and a fractured nose. I'll be honest and say I think shes going to take this as an opportunity to get as much as she can. Yes I was at fault here, and she was injured, but Shes lazy, Doesnt have much ... anything and. Yeah pretty much I know shes going to try get everything she can. So i'm now wondering how bad am I going to get screwed for this? What will happen? Ive received the cheque for what they valued the car at, and i believe they are going to recover the costs from the yards insurance (and i can then claim my excess back from the yards insurance too) but now with my "friend" its all.... I dont know what will happen.

Hi all, Now, this kind of story will have some resonance with other users of this forum. And my contribution is my 4+ month fight with the DVLA for allegedly not notifying them of a change of keeper.. It started back in October when my partner (named driver) received a letter from the DVLA that stated someone was trying to register the car in their name. My partner rang the DVLA to let them know that the car had been sold on eBay back on the 22nd of June (not May as I had mistakenly stated in another thread) and that the V5C was posted to them on the same day as the sale was completed. I can't remember what the reply was but the agent from the DVLA on the phone was taking notes from my partner with regards dates, times etc. A couple of weeks later she got a letter from the DVLA stating that she had failed to notify them of a change of keeper and that a £35 penalty was due, which would increase to £55 if it wasn't paid within 14? Days. At this point, as I was the actual owner of the vehicle and my partner was merely the named keeper for insurance purposes, I took over all the correspondence going back to the DVLA. I notified them that the documents had been sent back to them and that it was unfair for them to hold us responsible for something totally out of our control. There were a few letters sent back and fourth between us but the third letter from them was almost laughable. after telling them that we had done all we reasonably could do with regards to notifying them, they stated that our statement was noted but did not constitute a defence. They had not received any documents so therefore we were liable. So, as to make my position clear, I duly notified them of chapter 30, section 7 of the Interpretations Act 1978. References to service by post. Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. After a couple of weeks we received another letter form them stating that the Interpretations Act is clear in that it refers to documents or letters being delivered rather than merely being sent. I wrote back telling them that they are clearly deluded, and talking nonsense as no where in that section if the act does state anything like they were suggesting. I also included the act again and asked them to carefully read it just so they can be clear. Eventually after another letter from them, I wrote back telling them that I was tired of these wasteful exchanges and that their only option was to take the matter to court as I was refusing to enter in further discourse on this matter. I even added that any more correspondence sent by myself to them would result in an hourly charge 0f £6.50 per hour which would include printing and postage costs. After a couple of weeks i received another letter from them stating that this issue was going to court and that i should receive a summons shortly. Low and behold, roughly 2 weeks later a court summons dropped through the door. So with my partners date in court set, which was yesterday, I began to get some nice little facts together about the DVLA. I first started with a freedom of information request that I placed back in December. http://www.whatdotheyknow.com/request/number_of_missed_acknowledgement I asked the DVLA how many V5C documents were received by them between 2010 - 2012 and how many acknowledgement letters were sent out on response within those same years. The reply I received was quite shocking really. The DVLA had no specific records of the amount of V5C's that they received but took a sample (85%) and gave figures out. Now, these figures still don't add up by their own account yet people are prosecuted for not following up on these acknowledgement letters with the DVLA after 14 days. Better still, there is no legal requirement for the DVLA to issue one and this leaves a wide open door for all sorts of abuses to go on. Another freedom of information request was printed which is a little different in how the case came about, but the process in how the summons was made by the DVLA is the same. In this case, the SORN declaration was made but acknowledgement was received. This led to the summons being issued against the person named in the FOI request and i believe the person was acquitted as a result of his research. So, armed with the letters received from the DVLA and the letters sent by me, and also the FOI information, i went to court. The first thing that struck me was the amount of people waiting to have their day in court for issues the same as i was having or for SORN issues. The clerk of the court was who amazed me though. She was going around asking people their names and how they wanted to plead. One gentleman was there for a different case that was being dealt with in the same court room. She asked him why he was there and he said that it was because he had his car clamped by VOSA, because it had no tax, even though it was parked on a private road. She, and i was stunned by this, said to him "well it is an offence so you are guilty and will be fined today". I sh*t you not, that was a clerk of the court telling someone that she had never met before, and whom had no idea of the case, telling someone they are guilty. Whatever happened to innocent until PROVEN guilty? Anyway, i approached the clerk and told her my partners name. She asked why i was there and i told her that i am the partner of the defendant and that i was there to represent her in court. The clerk said that they (the magistrates) may not hear my defence as the summons was in my partners name. I stated that everyone was entitled to representation, i am the partner of the defendant and that i was the owner of the car which relates to this case. The clerk said that she would ask and would get back to me. After around 15 minutes, the clerk emerged from the court and called my name out. I approached her and as i did so she stated that the case had been dropped. I asked why it had been dropped and she said that she didn't know. I asked what i should do and she advised me that i could leave and a letter from the court detailing the case and the verdict would be sent to me after a few days. RESULT! I didn't stop there though. After speaking to the clerk i sat down with other people who were going through similar situations and gave them the FOI requests, and some notes about the human right to be presumed innocent until proven guilty, and the interpretation act. I asked them to read it, understand it and pass it on to the next DVLA victim. My advice to anyone dealing with the DVLA is to always refute their claims if you have done everything by the book. Always record any conversation you have with them regardless of how trivial it may seem and always, always attend court if you are summonsed. After what i saw yesterday, i can definitely say without any sort of undue bias that the DVLA rely on you not knowing your rights, your ignorance of the law, and not knowing your responsibilities within law. This is how they get away with their unscrupulous behaviour and command huge fines. Always, always use the Interpretations Act 1978 Chapter 30 Section 7 as your defence when important documents such as V5C's/V60's and SORN notifications are sent by post and lost by either Royal Mail or the DVLA. Hopefully, you will succeed like i did.

So what do the parking companies do in these circumstances: http://biertijd.com/mediaplayer/?itemid=39089

I had a meeting with HR as they wanted to know what my hobbies were. I said my hobbies did not effect my work health nor my normal life. It just makes things easier if anything. I said why do I have to explain what I do in my personal time when no one else at work has to. They did not give me to this day a clear answer. As I said before this does not effect in any way my disability but I was forced to put it in writing what I do with my spare time. They said others can volunteer to disclose such information. Why was I not given that choice? Nobody else has had to do this. Is that discrimination? To make it fair shouldn't everyone have to do the same.

http://www.scotsman.com/the-scotsman/personal-finance/pressure-growing-to-crack-down-on-ppi-firms-1-2795828#.USEFNDqEh0M.twitter but in scotland its a frre for all to fleece for now dx

Is it legal to take a mate along with you and get him to bid against some one who is buying your property at auction ? Just a question ? Also if this happens on a regular basis ?

Hi all, I am totally new to the forum so please forgive any errors or omissions. In short I am at the point where I need some advice and have been strugglingto find it anywhere and am open to all advice. In short back in 2008 I became a victim of a Certified Bailiff working onbehalf of Equita. Having failed to pay a Penilty Charge Notice (parking fine) issed by LeedsCity Council. I have been intending to publish the whole storey here which may providesome inspiration to other victims of their overcharging regime, this will be a lengthyprocess and I will start shortly. I have recently made an application to Northampton Court using Mony ClaimOnline. This claim has been defended by Equita. Can anyone help me with the terminology used in section (4) of their defenceagainst my claim, specifically their reference to s11 Distress for Rent Act1988, and its relevance in this matter? I am aware that this relates to charges provided by particular bailiffs andthe fees that they can charge, I however consider that my claim for any refundin this matter is the responsibility of the agent of the bailiff this beenEquita. Equita notice of defence 1. It is confirmed that Equita were instructed on 9th September 2008 toenforce a warrant for an unpaid Penalty Charge Notice from Leeds City CouncilIssued in the Northampton County Court under references ********** (bailiff ref********) in the name of * ******* of ** ******* ****** ***** ****** in respectof a Silver Renault Megan vehicle registration number ******* in the sum of£95.00. 2. Letters were sent to Mr, ******* and an initial bailiff visit was made tothe given address following receipt of a warrant including bailiff charges inaccordance with the regulations, but no contact whatsoever was received. 3. In the absence of any payment or an agreed payment plan, our bailiffre-attended with a removal vehicle on 15th October 2008 with a view to removinggoods, but he was unable to obtain a reply. However following this visit Mr,******* contacted the bailiff and paid the outstanding debt inclusive of bailiffsfees and charges which had risen to £366.49 in total. 4. Looking at the particulars of this claim, it is clear that the claimamounts to a challenge against the amount of the bailiff fees and chargeslevied by Equita. We assert all fees and charges are in accordance with TheEnforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (as amended).If the claimant wishes to challenge the bailiffs ’ fees and charges the proper remedywould be to make an application in accordance with section 11 of the distressfor Rent Act 1988 for a detailed assesement. We therefore assert it is an abuseof process to lodge a challenge using the "money claims on-line"process and respectfully request the claim should be struck out. 5. In conclusion we believe in lodging this claim 4 years after the eventthe claimant is merely trying to recover bailiffs fees and charges properlycharged by bailiff in the enforcement of a Court warrant. All bailiff chargeshave been raised in accordance with the above named regulations. We thereforestandby our actions in pursuing him for the outstanding debt and fees, andreject this claim in its entirety. Many thanks

http://www.bbc.co.uk/news/uk-21245308

So we had a judgment in our favour dated 13 Feb 2012, this was for £714.2 (£675 debt and £39.2 interest up to judgment date) and £175 costs. We have since paid for a bailiff but this was unsuccessful. We are now applying for a charging order against his property, how do we calculate the interest? I know it's 8% p.a. or 0.022 per day but is the interest on: (a) The original £675 (675 x days since judgment x daily interest then add the original £39.2 back in) (b) The total amount in the judgment £889.2 * daily interest rate * days since judgment © The same as (b) but can we include the costs we paid to the bailiffs? Many thanks

Some good advice. If you get a parking ticket relating to a company called Linkparking Mangement, DO NOT PAY IT. A friend of mine was clamped back in September and despite letter writing, phonecalls and even a County Court claim against them has not received any response from them. Their appeals process is a spoof with messages like 'Due to a computer error we have lost all appeals for the last 14 days, please re send'. The ticket will only give you a choice of paying by Paypal, not credit card, as these guys realy don't want to be found! Link parking Managements listed address is a car breakers. Nothing to do with Link parking Ltd which is in an indutrial unit where a different company is based (In Somerset) The phone number ususlly goes straight to an answerphone but on the rare occasions it has been answered ,the guy claimed to be just an answering service. She has now made a complaint through companies house to see if that gets her anywhere. Do not pay these guys, they are a rogue trader just trying to [problem] an easy buck off of unsuspecting victims!

In May 2005 I bought a recently renovated farmhouse. The Building Warranty had been signed off by the council to say all work carried out was completed and correct. Fast forward to Dec 2012, due to flooding my septic tank started rising from the ground. The guy who came out to fix it, immediately noticed the tank had not been set in concrete, which was the reason it had risen. So basically the builder had not completed the work to the specifications required by the septic tank company. This then null and void any claim on my building/home insurance. The building company went bust a few years back, so can't sue him BUT would I have a claim against the Council since they signed the work off!! The septic tank basically needs lifted out the ground, refitted and the concrete surround completed this time. This is going to run into a couple of thousand pounds. Any advice would be appreciated.

Hello, I am administering my late fathers estate. There is a caution placed on his property dating back to 1980 in favour of legal aid. I have tried to contact Legal Aid by phone and letter but have basicaly just had the runaround from them. Is there a process whereby I can request removal of this caution without relying on Legal aid who don't seem interested in chasing it up as it is so old?

Hi all, I've previously used this site myself to successfully claim back all ppi owed to me. My partner now wants to claim back all ppi owed to her from Barclays on various loans dating back to around 1999-2000. She doesn't have the paperwork for any of these loans now so am I right in thinking the first thing to do is send a SAR to Barclays to try and obtain all the account numbers etc ? It's been a while since I claimed back all my ppi so any advice on what we should do first will be very much appreciated. My partner wants to go through one of these ppi reclaim companies but I've told her I can do it myself using this site !

I was under the impression that we had a referendum which rejected the Alternative Voting system? Why was it used to elect the police commissioners or have I missed something? The good thing is that Prescott never got elected as a police commissioner, but IMHO the AV system is not very democratic. What is your take on this?

Hello all I'm new here but I've been reading the forums via many Google search results since I received my ESA50 in the summer and now I've got the Decision Makers decision and I've been placed in WRAG when I thought I met descriptors to place me in support group. I'll try and keep this as clear and succinct as possible but I've typed it several times now and each one results in a novel so I think to get started I'd best keep to the basic facts. I've been on Incapacity benefit for over 10 years due to mental health problems, I had the ESA50 form which I completed and returned. I requested a home visit for the WCA medical and my Doctor sent in medical evidence along with a letter requesting the home visit. ATOS eventually informed me that the medical evidence from my Doctor was enough and a medical was no longer required. So this where I am today; I've been placed in WRAG, I requested my ATOS medical report and received a ESA85A form, I'm led to believe (via google) that you get this when a face to face medical hasn't been carried out. Is the ESA85 report different? My ESA85A form states: Advice I advise that the person meets the criteria for having limited capability for work. Prognosis: I advise that a return to work could be considered within 12 months. It then goes on to list all the descriptors, none of which apply to me according to ATOS. No mention of points, I thought there would be. Help needed, some questions I've just read about the ESA85S Personalised Summary Statement, would I be able to request that if I didn't attend a medical? Are there any other forms I can request to help with my appeal? I've read that Support Group isn't about scoring points but meeting one or more descriptors, is this true? Do ATOS give the DWP DM the medical evidence my GP submitted to them (ATOS)? Would it be wise to include it again with my appeal form along with a letter from my GP stating that the medical evidence expressively shows I qualify for certain SG criteria? In my appeal form is it okay to state your reason for appealing is that you feel you meet certain criteria for support group and set out your reasons? During the appeal will I have to send in sick/fit notes if I've already been placed in WRAG? Do I still have to attend the Work Focused Interviews? Thankfully my doctor has been really supportive which has been a great help and relief, just to feel someone is on your side when everyone else seems to be against you. If you have been thank you for reading and for any help you can provide, I'm sorry about the length of this post and for all the Q's. I've read so much info that my head is in a right mess, hence all the questions, I'm struggling to keep it all in. Thanks again Bill

Please help I currently have claims for race/disability/sex discrimination and unfair dismissal pending at the ET. Back in April I attended a CMD (i'm self representing) at which the judge deemed half of my issues out of time, she said after trying to persuade me to use these as background information but when I insisted that it was not out of time as it was a continuous Act of discrimination that I should sent to my employers a list of the issues I still wished to pursue and they in turn should request a PHR. She went on to give a time table for all the events that needed to happen and the date of the hearing in September. I forwarded to their solicitors the list of issues and subsequently they submitted to the ET a request for PHR to strike out my claim. Whilst waiting for the date of the PHR I forwarded the Schedule of loss, list of documents and then in June I hand delivered all the documents and awaited the trial bundle which never arrived. When I emailed them in August they said that they were waiting for the ET to give a date for the PHR. At the end of August a bundle arrived and almost half of the documents I sent to them were missing. I queried it and was told that as they had applied to have it struck out they would not include it. On 7th Sept I received the date of the PHR 13th Sept...Unfortunately for me I was at that point unable to mobilize and was depressed ( I suffer from chronic back pain, symphus pubis dysfunction, depression and meneires disease) I had just received a date from the hospital to have a facet joint injection, and bilateral root nerve block. I was a mess and I went to see my GP to request a letter. The first Dr I saw was a locum who said he could only renew my certificate, I went back and saw my own doctor who wrote me a letter requesting a postponement on my behalf. It was refused on the grounds that it was an old case and the full hearing was on the 20th of September. I was unable to attend and the PHR went ahead in my absence and the same judge who said I should use the issues as background information at the CMD again struck out the additional issues therefore completely weakening my case. I however successfully managed to get the full hearing postponed. I have only in the last few days felt better after two hospital visits and realize now that I have a matter of days to appeal against the Order, I have no idea what to include in my appeal..... Any pointers will help here as I am starting from next to nothing

Hi, I am a new user and am not familiar with starting a threads and using forums. I have a had a money judgment issued against me and my partner in the county court. It is a business issue. We have already been ordered to pay £7000 in costs on top of the amount and cannot afford representation to appeal. The judgement is in both our names however it shouldn't have been made against my partner. We have offered to pay by installments and have been asked to fill in a N9a Admission form and schedule of earnings. I am worried about the admission form as my partner shouldn't really be liable. However we are worried about enforcement and the possibility of any charges being entered against our property and their ability to force us to sell our home or make us bankrupt. If anyone can give some advice it would be greatly appreciated. What should we do about the N9a as I am unfamiliar with this and what can they do to enforce this? Thanks,

If like me you are hacked off by the growing trend for insurance companies to charge absorbent amounts for trivial paperwork changes or cancelling a policy then please sign this e-petition for govt regulation. Not mine, I just stumbled upon it - looks like it could do with some support so please sign an publicise if you agree. http://epetitions.direct.gov.uk/petitions/26711

A business has filed a Creditor's Bankruptcy Petition on failure to comply with Statutory Demand for a' liquidated sum payable immediately' and I am unsure what to do - I will provide some brief facts below and any help is greatly appreciated: I am Director of a Limited Company and in order to fulfil a contract which we took on, I had to open an account with some suppliers. The suppliers could not open an account with the company because of some small past problem that we had had, but agreed to open the account in my personal name (so as to get over the red tape, although both parties knew the account was for the business). Given huge losses that my company suffered on the job due to sabotage, I haven't been able to pay the suppliers for their equipment yet (the sum owed is just over £20k). I am, however, due for a tax rebate which would more than cover the amount, in the next couple of weeks (although the Inland Revenue cannot give an exact date) and also have a bond account with a bank which could also cover the amount owed (although this is not due to be paid back until next year). Around 4 months ago, the suppliers filed a statutory demand notice which I did not comply with or set aside, as I was working on getting the money from the inland revenue as soon as I could. They have now issued a Creditor's Bankruptcy Petition on failure to comply with Statutory Demand for a liquidated sum payable immediately and I am unsure what to do. Given that the account with the suppliers is in my personal name, a m I liable to lose my house (even though the account was always understood as being for business purposes)? Can they even try to make me bankrupt in this way? Is there any way that I can delay for just a few more weeks until the money from the IR comes in (I can show proof that this is on its way and would sign documents to say it will be transferred straight to the suppliers as soon as I receive it)? On what grounds can these petitions usually be appealed? The deadline for appealing the bankruptcy petition is in a couple of days and so I am really desperate to get some help. Many thanks

My late faither in law died owing us several thousands of pounds - He had cancer, we paid for some of his surgeries and sent him and his wife money to live on as they were broke. They had been trying to sell their villa over there to pay off the massive debts they had incurred, they owed every body money. To cut a long story short my mother in law finally sold the villa. We assumed we would be paid the money we lent them. The problem now is that she is denying the debt. We have bank statements to prove we paid them the money. She is saying it was gifts. We employed a solicitor in this country to act for us, but he has been less than helpfull. She does not attend her solicitors appointments and is completely ignoring the situation. Can we take court action against her in this country or does it have to be done in spain? Any advice would be greatly received.

Hi all, haven't been round this way for a few years, but today I received a claim for refund from a dear customer in the county court. Obviously, this is ludicrous. A couple of points: As the item we offer is intangible we don't offer refunds , it says this in the T&Cs which customer agreed to before purchasing. In addition the customer appears to be overseas and when they signed the contract they used a New Zealand address. However on the MCOL form it has a UK address. Lastly, the customer requested a refund - which was denied - a whole 2 months after purchase, so the cooling off period would never apply, I assume. The amount claimed is circa £1k. Can anyone advise if these avenues might be worth exploring to get the claim thrown out or otherwise resolved through a partial refund perhaps? As I am looking to sell the business I very much want to avoid a judgement against the company - but this customer is clearing taking the biscuit. Thanks!

I have a case due to be heard on November 7th. Npower already failed to provide some documentation and the court allowed them time to send it. Then the court asked for a witness statement from Npower within a certain timescale which they did not comply with. I wrote to the court requesting judgment only for them to grant time to Npower to submit the papers by October 24th. Does it seem the court is biased and ignoring its own orders or am I wrong?