Hi My father in law died in FEb this year, he was in a care home with his wife who has alzeimers from September 2013, They have a house that no one lives in, however nothing can be done with this as we are waiting to find out if the house has to be sold to pay for his wifes care home fees. I check the mail regulary and we kept getting letters from a dect collection agency over the water rates, I phoned them and informed them that he had died (the letters were always addressed to him), they told me they would update sytem, Today I have received a county court claim in his name for unpaid water rates, claiming up until 2015, to be honest it had really upset me and I dont really know what to do, can anyone offer any advice please

http://epetitions.direct.gov.uk/petitions/39367 Child Support Agency overhaul needed for sake of children and non-resident parents Responsible department: Department for Work and Pensions The current legislation for the CSA doesn't allow for living costs of the non resident parent. I've argued this point many times over the phone with the CSA who are not interested in the devastating consequences this can have for the children or as in most cases, the father as a result of this shockingly awful government agency. This agency needs a serious overhaul and needs to put children first. That means a fair assessment of the non-resident parents income to include living costs. At the very least I would expect the government to make special allowances for low income earners, to include specifically ignoring any overtime worked, as in most cases overtime is needed to make ends meet anyway. And the government needs to involve and get the ideas of non-resident parents in this overhaul, as they are the ones suffering with the way things are currently done.

Hi I don't know if anyone is aware of the case law of Phoenix Recoveries (UK) Limited v Kotchea, Court of Appeal 26.1.11. A summary of this case is that a discrepancy as to interest rates was different. K had a strong prima facia case that the interest rate charged in 1998 which would have been specified in the document that he has signed were not those that appeared in the terms and conditions that were in evidence. The interest rate under a consumer credit agreement was a term of central importance. Section 78 required the creditor to supply a document which sets out the original terms as to interest rates. P had not shown that the obligation has been satisfied. It would therefore be appropriate to set aside the Judge's order in the original hearing. This case can be used if you need to defend yourself in proceedings. If the figures don't add up, no add up no pay. Also check who the Claimant truly is, prove of ownership is vital. This can be done by asking for a notice of assignment and deed of assignment as well as the credit agreement regulated by the Consumer Credit Act in the prescribed terms. The debt collection agencies and their solicitors seem a little shy when asked for this information and take to the hills. Hope this helps.

Hi all, My freeholder is being an ass (to put it lightly) as I am pushing his hand to attend to urgent external repair works which have caused damp to come into my home for well over a year. He is trying to make my life difficult by enforcing random lease clauses he has never bothered with in 7 years. One is in relation to him being able to inspect my property and ask for repairs to take place. I live in England – so if any of you lovely people know the law and could help me out I would be ever so grateful. I have done some research online and found some answers. His demands and my notes below. 1. The windows do not have window restrictors fitted, therefore causing a serious safety risk. Window restrictors must be fitted to all windows. ------I believe current regs only apply to new builds – if you know otherwise, please do let me know? Windows are double glazed with a handle you turn – the bottom half of the window then tilts out to approx. 45 degrees max. (we are on the first & second floor above commercial premises) It is not stated as a requirement in the lease. 2. On the day of the inspection we were unable to see the spur switch to the oven. All appliances should meet the health and safety standards. We require the gas and electrical certificates. ------I need to try and find the spur over the weekend Am I obligated to provide him with gas & elec certificates? It is not stated as a requirement in the lease. 3. The electric meter and main fuse switch box are also not positioned as per the legal height requirements. They should not be higher than eye level and should be easily reachable without the aid of a ladder ------ I already know current rules and regulations are only applied to new builds as it would be impossible to retro-enforce the law Am I still required to alter though? 4. Remove the key operated door locks from the bedroom doors and replace locking mechanisms which do not require a key to open the door from the inside in order to aid escape in the event of an emergency. ------ Re: Internal flat locks - all rooms in the house have door handles with a key that turns a look (where the key can be removed from the lock). Aside from the WC & Shower Room we don’t actually use the locks, however is there any legal regulations on whether or not I can have these on internal doors (including the WC?) ------Re: the Lock on main door / communal entrance - Ironically this door to the building which is within the freeholder’s remit does not have a snib lock and requires a key to open. It’s the only escape route so if there was a fire and we couldn’t find the key we would be unable to leave the building. Are there any rules & regs regarding external / communal doors and the lock required? Thanks in advance, won’t let the bugger bring me down!

It is not often that you come across a crime the nobody will investigate. But I have 1 for you. Business Insurance fraud. While individuals can be arrested for false Insurance claims of a few hundred, Insurance company’s & the representatives can do & say anything they want without recourse. 2 examples: I had an Nissan X-Trail that someone used instead of their brakes. It was written off. The insurer’s first offer to was £3,123. Then £4,000 eventually an agreed settlement of £6,421. More than twice the original. An X-Trail is not a difficult car to value so how can insurers or their representatives make such low ball offers? The second is that our home was seriously damaged due to vehicular impact. The insurer & their representatives have been a nightmare. Initially they said there was no damage, then it could be fixed for £200 …. £10,000 …. £40,000 … £140,000 … £200,000+. In this instance the insurer or their representatives undervalued a claim by over £200,000 or more than 1000 times. Individuals can be arrested for dodgy insurance claims of a few hundred pounds. But who is there to protect the consumer? The Financial Services and Markets Act 2000 (there to promote consumer protection & reduction of financial crime) created the Financial Services Authority (FSA) now the FCA as a regulator and the FOS, however neither will investigate an allegation of Business fraud. The FCA told me to seek legal advice. The FOS advertises that it investigates Fraud but in 14 years has NEVER investigated a Business for fraud or deception. For those unaware, the FOS chairman is the Chairman of Aviva, I guess impartiality cannot be expected. I contacted the Police, to find out that the Insurance Fraud Enforcement Department (IFED) is funded by the Association of British Insurers at a cost of £9,000,000. Action Fraud is run by the City of London Police. Clearly they will not bite of the hand that feeds them. The Insurance Fraud Bureau (IFB) has been set up by Insurers to protect themselves. It would seem that the Insurance industry has this well & truly sewn up. The only option open to the private individual is to take legal action at their own cost, as advised by the FCA. UK consumer protection at its best.

I have been made aware of a taxi company in England using a loophole in Scottish law to avoid its responsibilities regarding licensing laws in England. Can they do this? I understood that Scots & English law are two separate entities?

Hi All I really need some assistance on this matter. My mother in law is claiming money from me for a period that i lived with her 4 years ago. I lived with her for 4 months, i moved on and am still going through the divorce process with her son. She is claiming £4500 from me for expenses, food and travelling costs. She said there was a verbal agreement that i will pay her back and i can't remember ever agreeing on any amount. Does she have the right to do this? She said "dont worry you are family, i will look after you"

Hello everyone, My partner and I found ourcurrent home online with a private landlord. When we arrived, I noticed therewere three cars in the front yard area of the house, I just assumed thesebelonged to the others in the house. Now the house is a great size, our room ismassive, great garden and kitchen and is handy to work so signed a 6month contract. On the 2nd/3rd day i noticed a few things needed repaired in our room,nothing to expensive but not our job to fix, so I txt the landlord to arrangethis. I found out then that the cars actually belong to the landlord. He sellsthem from our front yard, this means that the others in the house who have cars have to park on the street/road side. So we have people arriving at all times of the day to lookat them. Next thing is that the landlord just lets himself in whenever he wantsfor no apparant reason. Iv read our contract back to front and know this is completely illegal, thathe is breaking all the rules of his side of the contract. Our current situation all kicked of last week when all morning he was comingand going from the house and garden (side gate). Not once did he knock or sayhe was coming in. I got really annoyed (like anyone would) as I was in thehouse by myself and felt intimidated. And when he was leaving I slammed thedoor behind him. now I know in hindsight I shouldn’t have, but he’s now tryingto say that I done it to hit him. and Is now saying that I AM beingunreasonable and demanding. That he does not have to and will not give noticewhen coming to the house, that its his house and hel do as he likes. Said he’ll think about knocking, but if no oneanswers after a min, he’s coming in. After this fairly tense discussion aroundhalf an hr later he txt to say we have 2months to get out. To top this all off, he’s not even our landlord, he’s the landlord’sbrother! What should we do?? As much as I dislike this man, we are in a great house,great location with lovely people, neither of us want to leave but this can’tcontinue Are we intitled to our despoit back?

New rules come into force today to protect shoppers against rip off fees and hidden charges Sneaky pre-ticked boxes on websites will be banned Excessive credit and debit card fees are also outlawed Online shoppers will get 14 days to return goods bought on the web as new consumer rights laws come into effect today. The new rules are part of a package coming into force to protect shoppers against rip off fees, hidden charges and other pitfalls. Shoppers will be able to send something back and get a refund when buying online if something is not quite what they wanted or expected or even if they have simply changed their mind. Those buying music, films and books in digital format can also use the cooling off period for the first time. It means shoppers will be covered at stores such as Amazon and catalogue firms and even eBay where the seller is a retailer rather than an individual. The measures are part of the new EU Consumer Rights Directive, which is being brought in to make families feel more confident about shopping online. Hidden fees and charges will also be banned, with sellers obliged to include any extra amounts before the customer places an order. Sneaky pre-ticked boxes on websites will also be banned for payment linked to additional services, such as travel insurance when buying a holiday or flight. From now on customers should never be forced to actively opt out of any services or add-ons. Retailers will be banned from charging card fees that exceed the actual cost of processing a payment and companies operating a helpline will be banned from charging more than the basic rate for calls. Excessive credit and debit card fees have also been outlawed. This was implemented under UK law last year, but now has the backing of the EU directive as well. Read more: http://www.thisismoney.co.uk/money/news/article-2656959/Shoppers-14-days-change-minds-return-goods-bought-online-new-consumer-rights-law-comes-force.html#ixzz34WnZUQ7r

hi . my father in law died suddenly last week ..and going through all his paperwork we found he owed over 15k to various things provident. shopacheck various mobile phone companies virgin media ... gas and electricity . . when we phoned electricity company to say he had died they said we were liable for the debt .. is this true ? i always presumed to debt died with the person . .. bad enough we have to pay for his funeral let alone all this any advice will be helpful

I have a large collection of hybrid plants and I'm a member of a number of online forum's and facebook groups for this group of hybrid plants and I want to write some short notes on different commercial sellers to help new members some of these sellers are known to take money and then cease all contact with the buyer or not send anything for 6 months or send absolute rubbish.. . now I have not personally purchased from a couple of these sellers so if I write something along the lines of now if I haven't personally bought from them where do I stand? obviously if I have purchased form them then I can give a personal experience account. Many thanks in advance!

Hi all, I presently have a law case and I have been asked by the court to provide a handwriting expert report to prove that two signatures on two distinct documents provided by an ex business partners are different (despite of the fact the difference is obvious). Also, I am looking for an affordable handwriting expert (online inclusive) for this purpose. Many thanks, Jenny

Hi Everyone, I've recently had a Potterton boiler installed by British Gas. British Gas have given me Homecare for the first 12 months, but I'm very disappointed as Potterton only give you 15 months warranty from date of install, after which you have to purchase one of their price plans. Now if I purchased for example a tv or washing machine, even though I only have say 1 year's official warranty, I'm sure the EU law (Sales of Goods Act???) states that the product should be repaired I think by the installer or manufacturer if the product breaks down within a reasonable timeframe, say 2-4yrs time. Considering a boiler should last people 5+ years, what does the EU law say about boilers? What can be done to enforce this should a situation arise?

I have been reading through all the new law - Part 3 of the Tribunals, Courts and Enforcement act 2007 (TCEA); Schedule 12 of TCEA (Sch. 12); the Taking Control of Goods Regulations 2013 (TCGR); and The Taking Control of Goods (Fees) Regulations 2014 (TCGFR). A number of points arise and I would be very grateful for the viewpoints of the experts here. I know that I don't post here often (and never before with regard to bailiffs as the area has been a bit of a black hole for me in the past), but I do genuinely hope that my questions will be helpful and spark valuable debate. 1. Reading paragraph 14 of Sch. 12 very carefully, does it not give an enforcement agent (EA) the right to enter premises without a warrant? 'Relevant premises' are defined without any statement that the 'debtor' must be the debtor on the relevant warrant. Am I missing something? 2. What on earth is a vulnerable person in Regulations 10 and 23 of TCGR and Regulation 12 of TCGFR? Or at least what is a vulnerable person for the purposes of this law? Is there not huge scope for litigation over this point with complete lack of certainty until the upper courts have set a precedent? The parent Act (TCEA) gives no definition. Is there a current common law definition that will still be effective? 3. For that matter, what is "adequate opportunity to get assistance and advice" in TCGFR 12? More bothering of the courts? 4. What happens if an EA secures a vehicle on the highway, on say - a double yellow line. It has to be left there for a minimum of 2 hours before he can remove it. Who is liable for the resulting PCN and indeed potential removal by police or local highway authority/council? How is this resolved pre April 6th if it indeed comes up? 5. In TCGR Regulation 19 what is a 'reasonable distance away' for the purposes of storing goods removed? 6. What is to stop an EA charging 'unreasonable' fees for disbursements? So, for example, if they inform the debtor that vehicle storage is £100 a day AND they fail to arrange a sale for three months. The statute does not appear to provide any mechanism to stop this OR to allow a court to deem such fees excessive. 7. How will the percentage fees be worked out in the case of multiple enforcement where both County Court and High Court warrants are involved? The TCGFR (Regulation 11) suggest that the total amount of sums to be recovered would be used to calculate the percentages. How does that work with different thresholds? 8. How on earth will the £1,350 limit for exempt goods in TCGR Regulation 4 work? If the only goods available is a £10,000 van, can it be taken or not? The 'aggregate' value of the van is more that £1,350. Does that mean that the wholle van is not exempt? If the same van has 11 tools in the back, 10 worth £135 and 1 worth £8,650, can the bailiff choose to take the van and leave the tools? (Assuming he debt is circa £10,000). 9. On the thorny issue of 3rd party goods, whilst one theory is that EA's will have to be very cautious about taking goods that with reasonable enquiries they would have had notice were not the debtor's, don't the various rules about transfers of title and requirements for good faith, mean that it would be easy for an EA to argue that they had ENOUGH reason to believe that the goods MAY have belonged to the debtor. Clearly a debtor would be likely to claim that goods either never belonged to them, or have been recently transferred (without notice and for good consideration etc). An EA could surely argue that it would be very hard for them to be certain that the goods did not at least in part belong to the debtor. 10. Does Regulation 10(2) of TCGR mean that if a motorist (stopped by a police/EA joint action) makes it clear that he is going to run around screaming at the top of his voice if his car is taken, that the EA cannot really take it (or take control of it)? That's about all for now! Regards, FEP

General question for legal minds In the betting industry, many of the leading companies are based in Gibraltar so that they can avoid paying the horse racing levy and save costs. If a dispute arose between such a betting firm and a customer (based in England) and the betting firm issued a claim, what would be the key differences to defending such a claim compared with being sued by a UK company. i.e. would the customer/defendant have to go to Gibraltar, CPR differences etc Example - Betfair http://www.betfair.com/aboutUs/Terms.and.Conditions/ Governing Law and Jurisdiction If you reside in the UK: these Terms and Conditions will be governed by the laws of Gibraltar; and the courts of Gibraltar have non-exclusive jurisdiction in relation to all disputes under these Terms and Conditions.

Hi Guys, Can anybody tell me how to make an application to transfer procedings started in CPR 8 to main stream CPR part 7, What application form or form of words should I use ? Do I need the court's permission? what happens of court refuses permission to transfer?

does anyone have flowcharts for the old employment law system before 2010 I am doing a presentation on how it works and need to show how I understand process from then as I need to show how I learnt from my mistakes I need to know it from the stage after three months is up it goes to tribunal but then what happens, CMD etc, what to do if CMD fails etc If someone could do me one if there is not anything on line I need by next Thursday

Just an observation here, with the new Laws coming in during April, will this see a upsurge in Bailiff activity before this date to get as many debtors on the books before April? Or will there be a slump in activities till after April what is going to be the best way forward for Bailiffs in the meantime? Are there new fees coming in to force in April will it be much more expensive for the debtor? I have Pm'ed TT with a bucket load of questions with regards to this and other things, hopefully will get a reply soon, I know TT is very busy but the subject may bring to light much more than I know about. Will forced entry be more widely used after April or has this not changed? The amount of Bailiff auctions across the country seem to be getting much higher than normal, as are those from Revenue and Customs, just s a thought here that's all. sticky here courtesy of tomtubby HMCS Forced Entry Protocol for use by bailiffs enforcing Magistrates Court FINES Has there been more clarification as regards to Police Assisted enforcement with Bailiffs, have these rules been changed also? Is the attached PDF the correct file in regards the new changes please Are there any rules regards the last paragraph on section 1? QUOTE " “sum to be recovered” means the amount of the debt which remains unpaid, or an amount that the creditor agrees to accept in full satisfaction of the debt". Does this mean it is possible for a full and final offer available? Also with this sticky here Sticky: Closed: Removal of Implied Right of Access notices.....CIVEA advises bailiff companies to IGNORE the notices courtesy of Tomtubby again will the Bailiffs just add more fees to the debt? when displayed? MM

On the 13th October 2012 I was travelling (with my son) under common law along a Dual Carriageway, through a non residential area at a speed appropriate for the conditions. At no time on the dual carriageway were there any speed restriction signs. I came upon two policy enforcement officers hiding in the bushes with a speed camera. They pulled me over at the end of the dual carriageway to attempt to gain jurisdiction over me. I was adamant that no crime or traffic acts had been broken and the officers had no business pulling me over. With the policy enforcers getting increasingly aggressive I was reluctant to leave the car & asked if I was under any obligation to get out or sign anything. They refused to answer my questions. We ascertained that the policy enforcement officers were not acting under oath and yet they threatened to damage my personal and private property and incarcerate me if I did not comply with their unlawful demands. I refused to contract with the officers and only gave my name and address under threat and duress. shortly afterwards i received the FPN offer of £60 & 3 points. I agreed to the contract on the condition that GM Police proved that I was Liable for their Notice. I did not receive a reply In Substance, only an account of the police's side of the tale. 1. It is my understanding that the speed limit on a dual carriageway is 70 miles per hour (unless otherwise clearly signposted). Section 4 The Traffic Signs and Regulations and General Directions act 2002 2. It is my understanding that it is the responsibility of the local authority to ensure that any restrictions to roads are clearly signposted and illuminated. The Traffic Signs and Regulations and General Directions act 2002 3. It is my understanding that the speed restrictions are unenforceable unless the restrictions are clearly signposted and illuminated. Section 18 The Traffic Signs and Regulations and General Directions act 2002 · It was based on these Acts that I made an appeal to Crown Court after Magistrates chose to ‘deal with the matter in my absence’ despite me being present in court and stood up to give evidence. · In December Dec 2013 a decision was made based on the judge’s personal opinion that the road was a single carriageway that the previous judgement was upheld. · Further evidence from the Traffic & Network Management l Unity Partnership has revealed that the road is officially classified as a restricted dual carriageway. · As we have already ascertained from the extensive photographs that the dual carriageway was not restricted with the required appropriate signage and that the speed limit on a dual carriageway is 70mph, I am therefore of the opinion that no offence has been committed or Act has been contravened. Had the road been displaying appropriate restriction signs then I would have had no intension to exceed them. · I have been denied my right to be tried by my peers in a court-de-joure. · I believe the case lies with the local authority whose responsibility it is to ensure the proper restriction signs are in place. I have given the crown court opportunity to reconsider their decision for redirection before I launch a further appeal. - they have turned it down. I have also asked for a copy of the court's digital recording and asked for the fine to be put on hold until the process has been completed - they have neglected to reply I'm getting increasingly concerned that police officers can behave in this manner, the magistrates appear to ignore the laws laid out for them and gloss over the police's indiscretion. so far - 6 points , £800 court costs, £200 fine & £60 victim support After unsuccessfully flighting this alone I am now more determined than ever to find assistance to find some kind of justice. All constructive comments welcomed

Quick question to all the gorgeous people here I have had a previous issue with Amazon and their Sellers and I have now had another. The first issue was a seller refused to refund or replace an item they sold me that went faulty within 5 months. Amazon would do nothing about it and the seller is still selling goods through Amazons website. Over Christmas I ordered an item that arrived faulty. I contacted the seller through the Amazon site and they said post it back and they would refund me. I replied to ask how they would refund the postage and had no reply. I contacted Amazon through their online chat and I had the following reply from Amazon: Amazon seem to be happy to list the items on their website and take payment but when there is a problem they refuse to do anything and tell you its down to the seller. Is this not breaching the Distance Selling Regulations?

Hi my mother in law is in her late 70's and has poor health including serious heart problems. British gas keep ringing her as they say she is in debt with her gas bill - she owes them about £250. They are insisting that she pay £85 every two weeks and it must be on a friday or she is classes as breaking the agreement - They even threatened to fit a card meter even though she has limited mobility and cannot get to the outside meter easily to put credit on. She refused a card meter but struggles to pay the payments as demanded by them. She then told me she has overpaid her electricity by OVER £300!!! She has asked them to clear the gas bill from her electricity overpayment and they refused. How can they say she in debt with them when they owe her money. She keeps trying to phone them up but after waiting over 20 minutes she gives up. I have suggested that she waits till they phone her next time and ask again that the gas balance be cleared by the electricity overpayment but she is scared that they will fit a card meter. Where does she stand and did I give her the correct advice?

Hi All, not sure if this is the correct place to be posting but seeing as all my posting is based around this part of the forum and is relevant to this sector of the forum and probably across all sectors thought I would post it here! (Mods feel free to move if not the right sector) Seeing as many people are moaning about their employers here and have every right to. Are they allowed to name and shame them here? Clearly not, I know there are many people who have become emotionally distressed by their employers and frustrated and therefore may well write things that are not 100% accurate which could be misconstrued. Therefore I understand that as a general rule of thumb posts on this forum should not incriminate the companies involved as this could create libel cases against the individual posting and (potentially?) CAG for hosting the libelous comments. Therefore if someone who has been treated unfairly by an employer or service provider, who is void of emotion, anger etc and 100% factual and wants to name and shame or write a bad review about said companies then what are the implications of doing so?? I really don't understand the Libel Law, how it works here. It seems to be the latest craze to take off in the USA. I have a link here which has given me a basic idea, Basic Libel for Idiots http://www.urban75.org/info/libel.html please could anyone here elaborate and any advice would be most grateful. Have a lovely evening BB

Ok so brought a car exactly 3 months from garage, its a used car and i paid about the market value (certainly no lower) During the 1st 4 weeks i was noticing i was putting about a litre of oil in every week and the heat shield fell off (minor but still) and the air con and blower packed up completely. It was not leaking oil it was burning it. Contacted the garage who agreed to take it back and 'have a look' they did and 'fixed' the car. fast forward to now and the car is suddenly using a litre of oil a week again, basically i think they temporarily hid/fixed the problem rather than a proper fix, I think its burning so much because of the piston rings and all they did was clean the breather pipes out. So i got it, it went wrong, they had it back, fixed it (apparently) and now again its broken again. As said ive had for exactly 3 months, can i still reject under SOGA

Can the good people of this forum please explain their understanding of the "foot in door" action that some bailiffs use in connection with Magistrates Court fines please? Does it make a difference if the bailiff just stands there with his foot in the door refusing to remove it but going no further than the threshold or do folk believe it to be an illegal action regardless?

We all know that a higher court decision in civil law is binding on a lower court but do criminal offences/decided cases carry any weight in the civil court? Criminal cases don't actually set a precedent unlike a civil case. However, it is illegal, for eg, to turn one's house into a pub without being licensed, a criminal offence. Yet if I didn't know that, as a customer, and was misrepresented by the bogus bar owner that he was running a legit establishment and took my money, could I quote his criminal wrongs in a civil court if I decided to sue him for misrepresenting what he had sold me???? It hasn't happened but it's an interesting dispute to resolve for my studies.