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  1. First sorry if this is in the wrong place but do not know what to do. I was driving my firms van on Friday and was in a tight street and had to reverse round a corner, noe my understanding is you are allowed to remove your seat belt while doing this? Well just as I had un-clipped the belt when a motorcycle policeman turned up and said I was breaking the law. I told him why I had do what I had but he was having none of it and said it was a £100 fine and I would be hearing from the police in due course, now this copper did not give his name/number or contact DVLA which I thought was the norm, he he gave me was blue paper with nothing about a fine, his name ect. I have tried to find out about the fine but is seems it is £60 but can be as much as £500? If anyone has any idea on how I stand re this I will be very grateful
  2. After long reading and a long conversation with an adviser at DVLA I come to the conclusion that part of the current legislation is in evident violation of EU laws. Let me explain. If you drive a vehicle with foreign registration plate in UK for more than 6 months you are required to obtain a UK plate and re register the car, only exception students and professionals in UK on a temp basis. Now, if I lease a car from BMW through their German leasing company the car will come with a German registration, being a leasing ownership stays with the German company, insurance and road tax are paid by the German company. Being the keeper, under the leasing contract and not the owner, I am not entitled to apply for a change of registration. Based on what DVLA said in writing to me today, if stopped by the police the vehicle could be impounded if they believe it has been in UK for more than six months and more important local authority will not issue me with a resident parking permit. I believe this is in violation of several EU laws regarding the freedom of provision of services and local authority and/or DVLA shall be sued for that thoughts?
  3. Several years ago my now estranged future mother-in-law (had no contact since she fell out with my partner) paid off roughly £2000 in rent arrears for me as I'd fallen behind due to one of the DWP's oh so lovely unexplained "errors" whereby my benefits were stopped with no notice given to me by either letter or phone. 2 months and several phones later my benefits were finally reinstated but I never received an explanation for why they'd stopped as I'd had no change of circumstances at the time, and also no apology for their mistake also plunging me into £2000 worth of debt to Halifax bank - the result of me receiving no notification from the DWP and my household bills continuing to go out which the bank refused to cancel, ultimately resulting in a LOT of overdraft charges. To this day neither the DWP or Halifax have apologized or acknowledged their part in what happened, and I have been left paying the debt back to a recovery company who are thankfully very understanding and helpful. The loan from my future in-law was agreed to be paid off when I could afford it and earlier this year we agreed to £20 every 4 weeks as my only income is child related benefits. Since the fall-out with my partner she's demanded the money back all in one go knowing full well I can't afford it, and is not answering her mobile when I try to call her (land-line says "wrong number"). A solicitor I spoke to on the phone briefly (well done [problem]eron for scrapping legal aid) s aid that if she's demanding repayment but deliberately making it impossible to pay and takes me to small claims court she runs the risk of being forced to accept the agreed repayment plan that I can afford or the case may be thrown out entirely as the courts don't like having their time wasted by people being malicious. Can anyone advise me on how to proceed?
  4. also this Halifax OD, you are paying off a debt mostly made from PENALTY charges to a DCA...urm..i'd question the wisdom of that. dx
  5. Does anyone know the full list of medications that the new law will apply to. I know that the stronger pain killers, and anti anxiety medications are included but there are a great number of both over the counter and prescription medication which can effect driving ability. I have already stopped driving because i feel unsafe. My wife is on a number of medications that warn of possible effects. How will this law be implemented because the effects of the same drug vary greatly from person to person.
  6. Hi all , Thanks for taking the time to read this thread for me , this is a rather daunting and irritating subject that is really upsetting my family. I will try my best to explain the current situation and i really hope i can get some advice. My girlfriends grandmother past away this year , around 3 months ago. The solicitors my girlfriends nans used is [name edited], and she gave them power of attorney. Now my girlfriends grandmother wasn't a wealthy lady by any means. She lived within her means and lived off a state pension. How ever she did have a significant amount of savings somewhere in the region of around 13,000 pounds , i don't mind sharing this number with the forum because its important you know. The solicitors in question are delaying everything , the lady dealing with the case is constantly going on about there nothing being any money left after their fee's and the funeral costs. But working out the funeral costs and other things , it doesn't add up all. I was in charge of almost everything when she passed away i saw all her assets and i saw the cost of the funeral , after the funeral costs there would still be 8000 pounds remaining , and she doesn't owe anybody money because ive checked and my motherinlaw would of known as we all saw her on a regular basis. The way the solicitors are treating my family is just disgusting , they know we aren't wealthy either and the money set aside was addressed in her will for her daughter and grandchildren , which would go a long way to improving factors in their lives. We are constantly being kept out of the loop and for every phone call shes making to us shes charging us , but when ever we phone her shes never in the office because she loves to rack up the bill over the phone by calling us. I just this second also found out the solicitor has put a add in the paper stating if anyone new her please come forward. :S Why would they do that? The will is crystal clear anything left in the terms of money and other items goes to the grandchildren and siblings. We are being taken for a ride here , shes been delaying this now for months and months. My girlfriends grandmother had next to nothing theres no way it should take this long. What should we do? Contacting her would be met with snobby sadistic remarks as we have already had. She even accused my motherinlaw of stealing from the insurance pay out. Please help.
  7. Hello all, Does anybody know if it is an "error of law" when during a tribunal a judge stops an accompanying person from speaking whilst they're trying to give relevant additional information (which could have led to more points)? Any help is much appreciated!
  8. Hi, I am concerned because Global Debt Recovery are sending debt letters to my mother in laws house. I have never lived there (or even stayed there overnight). They have my correct address so I am assuming this is a scare tactic. I am curious to know if they are allowed to do this and if they are allowed to search for my relatives addresses when the debt is nothing to do with them. None of my finances are joint with my wife. Any advice appreciated, thanks. Jackie
  9. Strange question i know I am trying to locate a publication called Lord Justice Auld's Review of the Criminal Courts of England and Wales I believe it was published September 2001 I have tried HMSO, Ebay, Amazon any ideas
  10. I have been in dispute for a while with MotorMileFinance. They recently decided to threaten me with doorstep collectors ect. I have been getting harassed at work (Mental health hospital) several time a day plus they have been phoning my ex address and landlord telling her she is responsible. Recently they sent a letter from a law firm stating they will take me to court. Fortunately my missus is a chartered accountant with the Scottish Exec so she done a quick track of the solicitors and found that they are not a registered company at all in the UK or abroad. I would like some advise about dealing with this so called company as their letter states not to contact the solicitors but to only contact MMF. Any help would be welcome. Thanks
  11. Folks, I have started a petition on www.change.org to have section 136 of the act changed such that assignees of a debt can only charge a multiple of the price the paid for a debt , rather than the current practice of trying to recover the full amount, usually by frightening a hard pressed debtor into a financial arrangement he cannot afford. If you feel able to support my petition place go to the change.org website and sign. Title is Amend the 1925 Law of property act S136 Thanks
  12. Hi all I'm new to posting on here, it will probably be quite a lengthy post too so apologies in advance, and if you do read it all, thank you for your time. I'm looking for a bit of advice on what to do next or who to speak to or any info you think may be of help. My old company lost the lease on our office and were to make us redundant, I was sent a letter to be put at risk, we were consulted on what would happen next. A week or so later my old company advised of a possible role to prevent me being made redundant, the other 4 guys affected were not interested but I was. Another week later one of our contracts served notice on the company, my company then served them a shorter (1 month) notice back leaving us all with less time to be consulted on what would happen next etc.... because of this the new role was taken off the table, they then advised 4 of us that we worked mainly on this contract and so we would TUPE across to the new contract. I was customer service Team Leader working in central Manchester, easy access to work by car or public transport, 30 mins away by tram. I worked on all contracts, invoicing customers, quoting etc and this was not a role specific to the contract or set up to service the contract that was lost either. We had a basic 121 with the new providers, to get to know each other (even though the new providers had not yet signed any deals with the customer we lost) I spoke of all the work I did and did not specifically speak of this contract so at this point the old company decided my other colleague worked on the contract too making it 5 to transfer, they told the new company that actually there were 2 admin people working on it! My old company 2 days before transfer (earlier this month) asked us to sign statements advising what amount of work we did on this contract, I replied to advise I wasn't happy to do this, instead I emailed a statement advising my role was never set up for this contract and that being Team Leader I was second port of call for all customers, I advised I invoiced and quoted this contract because I was the only one in the north responsible for ALL invoicing and quotes, it just happened to be the biggest contract. The new company decided to take 3 staff, the contract account manager, a service engineer and an install engineer, they couldn't understand 2 admin to be used on such a small contract, the old company pushed the new company again for a decision on me and my colleague and the next day they decided they would take me (the last remaining person is now being made redundant as the office in Manchester closed when we left - convenient!). I was advised by email from HR that I should report to the new company the next week at their HQ near Huddersfield for discussions on what was to happen next (transfer was the previous Saturday) half hour after this email I was sent an email from the new company also advising the same, the email from the new company also advised that there was only a position available for a service engineer and that risks of redundancies may be applicable, no further correspondence from either and no mention of my new place of work. So next week I attended in Huddersfield and was told that that would be my new place of work, the following day I attended again but wrote a letter of resignation based on relocation and advised the new company that no one had told me I would have to start travelling 80 miles a day (in total there and back) My points are that I was not informed correctly of my new place of work (simple failure to consult/inform of changes), I and the team were never set up to service this contract and therefore TUPE should never have applied to me (Stobart, Seawell, Argyll), and relocation causing detrimental changes directly associated to the transfer causing me to resign which was unfair (Tapere, Abellio). The new company called me recently advising they wanted me to keep them out of any tribunal and offered a sum of £1500 (this sum I've lost this month in pay anyway so I do not see it as being a sufficient amount of compensation) also I've lost 10 days holiday, 5 weeks' notice and redundancy pay of £1500, the new company say that those costs should be down to the old company to pay as the transfer should never have happened, Now I'm confused as to whether to pursue a tribunal or what I should be expecting to happen next, taking the new company's offer would mean not bringing them up in tribunal which may affect the outcome? The old company I have not been in touch with, I see them as bullies and would prefer not to be the one to let them know I want to take this further and do not agree with it. I've engaged ACAS and Workrep, Workrep haven't yet been in touch (although just found a fault with my landline so they could have!) A guy from ACAS called and advised they don't represent, they can't give advice on what to do regarding what is a reasonable amount to be offered as a compromise agreement and that I have to call them back with a figure I would be happy with! He just kept saying "I've seen this before, I know what is going to happen, one will say it's them and the other will say it's them" what he basically was saying is "you tell me what you want and I'll ring them and say it" ........ I wanted to hear a strong voice, someone to tell me "It's OK, you don't have to worry, we can do this" ... Now I'm as stressed as ever!
  13. Hello, Need to get to the bottom of this pretty quick. THe company I currently work for have identified my role as at risk due to it not being financially viable. I agree and to be honest will be happier out working for myself. When I start up my own buisiness, the company I will be leaving have a number of commissions that they really could do with me finishing and hence I have suggested the easiest thing would be to sub contract the work back to my limited company. The 'boss' is open to the idea but is not sure if he legally can. Does anyone know if this is correct? My view is: I am in agreement the full time role I am currently in is no longer viable and once my contract ends I can't see why they shouldn't sub the remaining bits of work to me - it gives me a starter for 10 meaning I have some income on day 1, and makes sure they deliver what they committed to for their clients. It seems crackers that the law would force them to give it to some other self employed person! thanks
  14. I last had dealings with Parking Charge Notices three or four years ago when I received a demand for money as the registered owne of the vehicle although I had nothing to do with the infringement. At that time there was no legal obligation to inform the parking company as to who the driver was and they had no legal basis to make me pay up. Can some one advise me as to how the law now stands as exactly the same is about to happen. I lent my car to somebody who received a parking charge notice from a Sainsbury's car park for over staying even though it's a free car park. They have now disappeared back to Malaysia and if I don't pay their fine I expect a letter through the door addressed to the registered owner. Can I apply the same tactics or has the law changed to make me legally responsible?
  15. Hi guys. today I was an idiot and shoplifted £61 worth of cosmetics from Debenhams. First time offender and I am so genuinely remorseful. To keep it short and sweet I've got depression/ an eating disorder and I keep doing idiotic things such as the above. I could not be more sorry for this one though, I'll explain below. Police showed up and gave me an £80 fine (I don't think this counts as a caution though, does it?) and were actually quite lovely and understanding. Debenhams security had a justifiable go at me. I was let go immediately but not before I was told to expect a letter from RLP. After some Googling I'm not entirely sure what to expect from them, but apparently the fines are extortionate and terrifying. I could pay if I saved for a while and I couldn't bare black marks on my credit rating for this idiotic mistake - should I pay up? To add injury to idiotic mistake, on the way home I received a phone call from a domestic violence charity which I've been breaking my neck to volunteer for with good news - I got the job which starts at the end of this year. I'm so so upset because the position requires an enhanced CRB check. I suppose my two questions are A) should I give RLP money and B) have I fluffed my chances of working for charities as a career? Thank you in advance to anyone that helps me out. It's greatly appreciated.
  16. Note, I am unable to post links as I do not have more than 10 posts. I request site admin if they can edit my post to include a link. legislation.gov.uk/uksi/2005/2705/made This link: legislation.gov.uk/uksi/2005/2705/made states the following: I contacted Brighthouse on behalf of a friend who purchased a TV for around £800, however, the equivalent product from another high street retailer is just £329.00 Having spoke with the store staff, the store manager and 3 people within Brighthouse head office, it seems that they are unwilling to match this price. They rely on the fact of their store policy which says that the product must be identical.... BUT!!!! This is impossible since I have been told by Brighthouse staff that 'Baird' is exclusive to Brighthouse, essentially it is Brighthouse own brand. I believe that my friend is entitled to this reduction as per their price promise and using The Consumer Protection (Code of Practice for Traders on Price Indications) Approval Order 2005, where it states: 1.5.2. Do not make statements like “if you can buy this product elsewhere for less, we will refund the difference” about your “own brand” products which other traders do not stock, unless your offer will also apply to other traders' equivalent goods. If there are any conditions attached to the offer (eg it only applies to goods on sale in the same town or excluding Internet sales) you should show them clearly and prominently, with the statement. Brighthouse refuse to reduce the price despite being informed of the above. There is a great difference between the prices of 'Baird' and equivalent products from other retailers. If anyone can help with this or provide guidance as to what to do next, please let me know! It seems that the only way I can get Brighthouse to acknowledge consumer rights would be to take this matter to court.
  17. Mike Dailly of the Govan Law Centre has written a guide on how to challenge a decision which can be downloaded from here: http://www.govanhilllc.com/brtax/ Although written with a Scottish audience in mind, all of the arguments apply equally in England, Wales and NI.
  18. http://epetitions.direct.gov.uk/petitions/41494 Sign this petition and share as much as you can. The only way we can bring about any real change against the immoral conduct of the DVLA is by signatures on the petition.
  19. Hi I just thought I'd introduce myself first as I'm new here. I bought a used car from Evans Halshaw a couple of weeks back and boy is it giving me problems:oops: To start off with the clutch is on it's way out so Evan's Halshaw have offered to fit in a new clutch. Secondly, each time I push the clutch in to change gears, for some reason the revs go up :S Thirdly, one half the dashboard lights don't work at night which I think is a simple fix as a bulb/wire maybe loose. Also, the car is very rough at idle which my local mechanics said is due to the engine box (or whatever it's called, it's the area where you put your oil top ups into ) not having washers on so the engine keeps rattling as it's not being held still. Another problem is the 1st gear is veryy stiff sometimes and doesn't seem to want to go in, all the other gears seem fine. Then another problem I just identified was the extremely low mpg for a small Toyota Corolla, it's only averaging 17-18mpg on the trip meter :/ The car's going in for repair next week but I doubt Evans Halshaw will be able to solve all of them problems so I was just wondering where I stand since I've owned the car for less than 30 days? I've been told there was some 30 day law in which I can give the keys back to any car I've purchased and demand a full refund?
  20. I need a law dictionary for my studies, I have had a look st Blacks, Oxford dictionary of law etc any recommendations with price being a factor
  21. Lets get the legal minds thinking on this one we all know the offence of trespass is now a civil offence, taken from the french word Tort There are criminal elemants to trespass by way of Section 61 of the Criminal Justice and Public Order Act 1994. Within that Act, section v contains the relevant legislation. you may need to read this below to get an idea of the legislation that i have compiled Power to remove trespassers on land. Criminal Justice and Public Order Act 1994 Even though trespass is a civil matter, the above Act creates a crime of collective trespass. In this short essay, I will explain the legal position on removing trespassers from private land. The statutory legislation that supports this process is contained within the Criminal Justice and Public Order Act 1994. The relevant section is Part V of the said Act. A senior police officer present can direct a trespasser off private land where the occupier has already taken reasonable steps to ask them to do so, and that the landowner now considers that person to be trespassing on his land. The police officer must have reasonable belief that two or more persons are trespassing before directing them to leave. The legislation is contained under Section 61(1) of the said Act. Under Section 61(1) (a) and Section 61(1) (b)) of the said Act: The police officer has to have reasonable suspicion that any trespassers has caused damage to the land or property, and using threatening, abusive or insulting words towards the occupier, family member or agent of the land owner. Section 61(1) (b) of the said Act also prohibits that those persons have six or more vehicles on the land at any one time. If after receiving a direction by a police constable to leave to leave the land under Section 61(1) of the said Act, and fails to leave the land as soon as reasonably practicable, the trespasser shall commit an offence. If the trespasser returns to the private land again after being directed to leave by a police officer within a three month period, the trespasser shall commit an offence. On summary conviction, the trespasser is liable to a term of imprisonment not exceeding three months, or a fine not exceeding a level 4 on the standard scale, or both. Now for the main question The above legislation is for land, but take a shopping center which is open to the public, but private property. If a teenager is skateboarding in the shopping center, By what Statutory Authority can !/The security guards remove the individual if he refuses to leave the shopping center 2/By what authority can the police remove an individual being its a civil offence of trespass Its statutory regulations that i am after to the above questions thanks for reading
  22. Hi, i'm new to this site but ive followed on twitter for a while, sorry if this is a bit long but i want to get all the details out. I had a visit from 2 Marstons enforcement oficers yesterday (18/2/13). I was at work when they turned up & the vehicle passenger knocked on my front door, after a minute the passenger knocked again, during this period they noticed i had a camera mounted on the front of my house & took a lot of interest as to what area it covered, they obviously did'nt realise that i have another hidden one covering the front door. A neighbour across the road was watching them & witnessed what the driver did, he looked around to see if he was being watched, (not very good observation skills) then he tried opening my front door by pushing down on the handle. Luckily for him it was locked as i was at work, but i have a dog & he does'nt take kindly to strangers on my property, they would have clearly heard him barking. They then posted a letter through my door & drove around the back of my house, the passenger came in through closed back gates & looked through my kitchen window & i cant see if he tried my back door but he did notice the cameras i have covering the back of the house, on his way out. My neighbour rang me & later that day i came home & found one of their letters through my door, it was for my ex-girlfriend who no longer lives with me but the dog had ripped the envelope so i got their details from the letter. I rang the EO's mobile phone & left a voicemail for them to come back & see me as i had something to discuss with them. Needless to say they did'nt. I also rang Marstons but the woman was oh so unhelpful, siting Data Protection. I rang the EO again this morning & managed to speak to him, he was the one i have on CCTV attempting to gain entry to my property, i asked him to come back today to try my front door handle again as i was in this time but he waffled on that they did'nt need to come back as they had established that the person named on the letter did'nt live here, when i questioned him as to why he tried opening my door, he said he was allowed to force entry to the property as he was executing a Court Warrant !!!!! If that's the case, why did'nt they force entry when i was'nt there & have the run of my house. I have got the contact details of the HMCTS enforcement officer for my area (thanks to other peoples threads for that info) I rang Marstons today for this EO's SIA badge number as i have his surname but need his badge number to complain to the SIA, they hung up on me HAHA. I have just now got off the phone to the EO that attempted to break into my home, i was very civil & told him i was recording the call & had a witness listening, i asked him for his SIA badge number, which under SIA guidelines, he can't refuse to give me, i know this as ive been a doorman for 7 years, he told me 2 things, 1 - he does'nt give me permission to use the recording & 2 - he does'nt have a SIA licence, even though i pointed out i could see it on the CCTV hanging around his neck by a thin blue lanyard. Where do i go from here, thaks in advance
  23. My friend is getting CB ESA and is in the SG. The other day she got a letter from housing benefit. It says Income you told us about £108.05. How much the law says you need to live on: For you £71 Because you are sick or disabled £14.80 Because you receive ESA support component £34.05 TOTAL £119.85 She doesn't get the £14.80 in CB ESA and the extra little bit is because she got that amount in IB, so i was wondering if she could apply for IR ESA to get the shortfall of £11.80. Sorry if this post is a bit confusing.
  24. Hi all, I have been quoted loads of interpretations of the MOT laws for the UK but I need to read the actually law. I had a car fail an MOT at a garage and they told me that due to the new omputer MOT (instead of just paper) that I could no longer take my car back home as it had no mot and implied I would not be insured if I did. Some people say that the car CAN be taken straight home, some say NOT. I need to know as this cost me an extra £335 of which almost £250 was labour that I could have done myself. Many thanks.
  25. mods feel free to move this as i have no idea where it would be best coursera is a free courses website that offers mini courses from around the world, its work from home with video lectures and quizes if anyone is feeling like they may like to get into law but are not sure if its for them the university of london is running a course starting in june, English Common Law: an introduction click here for course page About the Course This course is designed as an introduction to English Common Law and will give students a broad understanding of the characteristics and functions of the English Legal System. Students will gain knowledge of the sources of English law, the system of courts and tribunals in England and Wales and the legal profession and judiciary. Students will be introduced to the principles of legal research and identification of sources of law.
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