ASH Process Servers has sent an ‘appointment’ letter to an address they are convinced I live at (I don’t). They are acting on behalf of Cabot and want to serve an N39 order to attend court for questioning. The letter also says ‘I have attended at your address without meeting you’. They haven’t. What happens next, as I am not at the address the letter has been sent to? Can they bankrupt me in absentia?

I got a MCOL default judgement against a company and they have applied for set aside. I know they can't be claiming they didn't receive the claim because they phoned the court as soon as they got the judgement and claimed they had responded in time. I've got a one liner from the court just saying it's been transferred to my local court for a set aside hearing and I'll be informed of further details in due course. I have no idea how the process works at this stage so I'd be really grateful if someone could answer the following - and let me know anything I've failed to ask I thought a set aside hearing would be in the defendant's local court. Is it normal for it to be transferred to the plaintiff's? Is the excuse that their response was lost in the post a reason for set aside? Do you have to give a reason or do you just pay your money and the process starts? Does the plaintiff get invited to a set aside hearing and if so would it be wise to turn up with all our evidence as it may turn into the actual case being heard?

hi all. i need help on this case 1. i did a deal with a man from singapore from may 2012-dec 2012 2. every month i would invest money in his rice business. 3. the total investment was 178,500 USD (over 6 months) 4. i have one initial contract, i have three reciepts, and did them all by internet transfer, so my bank has the details of the transactions. 5. in december 2012 i started getting excuses from the man, saying that the monthly profits i was due were delayed. 6. this lasted 6 months 7. this man is from singapore, his office is stationed there. 8. in august 2013 i went to see him and he said the business has failed and he will give me back all the money i have invested. 9. he handed me 5 cheques, each one was post dated for the months from sept-dec 2013, i had to cash one every month. 10. i am from the UK i have cashed all the cheques and they have all bounced. 11. his bank account is closed 12. i cant contact him. i need to know the steps to take to deal with this situation police? or lawyer? UK police? UK lawyer? singapore lawyer? thanks guys.

Hi all need some quick advice as what to do. This concerns my ex partner who i am quite happy to try to help out with this matter as we split up on good terms. Today she has recieved a letter by 1st class post from a process server who claims he called to her property twice in one day a few days ago (once in the morning and once in the evening) she was out at both times so cant confirm whether he actually did call or not. The letter goes on to say he is calling back in a few days time (he does give a specific date and time but i dont want to put too much detail on here for fear of prying eyes) with a view to serving a SD, he also says that if there is no one at home he will post thro the letterbox and deem it as being served. I have read around a lot on this forum but sometimes advice can be conflicting. She is not sure whether to answer the door or ignore ??? Is service thro the letterbox by hand really deemed as served and would it stand up if their was a petition ??? Should i answer the door and politely ask him to go away inviting him not to come back unless wearing a crash helmet lol ??? Seriously though the ex is quite concerned should she CCA or SAR if yes how urgently ??? This guy is due back early next week so advice on what to do if anything before then or when he turns up wouuld be hugely appreciated. Any questions or info please just ask many thanks.

When you inform the DWP of a change in circumstances, how does it work and what happens after?

Right, Thats it, Ive had enough of being trampled on. I want to know the process for starting legal action against a company. Could you guys help me to understand the process?

i have joint hypermobility syndrome that ha been getting worse over past few months, after losing my job my doctor placed me on sick as pain has worsened with me been unable to lift arms or sometimes walk without help. i went for assesment and was awarded 0 points as i was able to walk into room had got a bus and carried a bag. i have no1 around to take me to appts or help on a day to day basis because i was worried bout travelling such a distance it was planned with GP to start taking tramadol at 5,30am on morning of appt half hourly until 8.30am ovedosing myself by taking 500mg i have still not had call with regarsds to putting in for appeal despite having rang 3 times to clarify number i was told yesterday that the number they had wasnt recognised . pointing out that i had rang several times with correct number and have asked for the fonecalls to be found as they record them. i have recieved no money or ctb or hb in nearly 2 weeks and believe its down to them .. obviously 2weeks before xmas this is a nightmare wouldnt care i was on contribution based ESA as i have worked for years

Can someone tell me the steps by which mortgage arrears formally become a default? Not so hypothetical situation - 6 months of arrears followed by sale of the house with full redemption of the joint mortgage. At what point, and in what format, would any Default have been issued or recorded? (It appears on the credit record as Settled but also Default.) I'm trying to determine whether the default was correctly issued/recorded and who/how I should have been informed, given that I was not living there at the time. Please note that I am not trying to determine blame for non-payment of the mortgage, that is without question - simply the legalities of the default.

hi there new to this forum and looking for a little advice, would very much appreciate any replies. Got myself into a lot of debt in the UK. Usual story i had my own business and was doing ok until the downturn kicked in. Carried on living the same lifestyle expecting things to get better but they never did. I ended up around 45k in debt with credit cards and loans. With my income unable to cover my repaymennts i thought i would eventually get my house reposessed, so i basically sold my house, car, van and any other assets i had and have emmigrated to Thailand. I have been in Thailand for 2 months and non of my creditors know where i am and have little chance of finding me as i have no bank accounts, property etc in my name out here. My understanding is that after 7 years your debts are wrote off. My question is does the same apply to CCJs? I have no intention of returning to the UK but never say never. If i get issued with any CCJs at my old UK adress how long is it before they become unenforcable? Thanks

Hi there, I am posting regarding my nephew (MN) who has been employed as at a Stone Masons for twelve years. In March this year he was off work for several weeks as he had to have an operation for a double hernia, caused incidentally by the heavy lifting at work. Upon return to work he was told by the Boss that there was very little work and he would have to "let him go" he then offered £1000 cash if he would accept and leave. MN refused the offer and although in a state of shock intimated that he would not leave voluntarally and if sacked would seek to take action, he then left for home. Most of MNs work entailed placing graves and erecting headstones on them. There was a mix up with one of the last jobs he undertook (erecting a headstone at a remote churchyard) prior to his surgery and his boss has now laid the fault at MNs door and has sacked him, in writing, for Gross Misconduct. In the letter he states Gross Misconduct and then wishes him well in the future:evil: No verbal or written warnings were ever give during the whole twelve years he has worked there. MN strongly disputes that the mix up which has been cited as the reason for the dismissall was his fault and is awaiting phone records to prove he rang in to the mason yard at the approx time. He rang in to clarify what to do and was told to proceed and all was OK. The work is obviously very strenous and to erect headstones is deemed to be a two man job, MN was very often fored to work alone as he was in this case even though his boss was fully aware he was awaiting imminent surgery and he most certainly should not of been sent out alone. The boss subsequently dropped off £1000 cash at MNs house and he has given it to my wife for safekeeping he has not formally agreed to accept it, in fact I dont think he was at home when it was dropped off, I will clarify this with him, it is available at any time to repay. There is another and very unpleasent aspect of this case. MNs late father was of mixed race and MN suffered much verbal racial "jokes" from the boss, who knew his father, he was told "its just a bit of fun". One typical comment was on a very hot day he said to him "put plenty of sun cream on, we dont want you looking like your dad" he did not make any formal complaint as the boss is very intimidating and he has little doubt he would of been out of work. Finding any wittneses would be difficult. The comments ceased upon the death of MNs father. It seems to me a very disturbing case and I am asking for any advice/opinions on where to go from here. MN has gone to the CAB and has been given some info regarding leagal aid solicitors. He is subsequently experiencing difficuly getting through to CAB as thankfully he has found another job and can only ring at certain times hence him requesting help from me. His new job is through an agency and could end at any time. My questions are. If I went with MN to see a legal aid solicitor would it be advisable for us to prepare a detailed statement outlining the events? Would the racial abuse be deemed relevant even though the boss would obviously deny it and there is virtually no chance of providing witness statements? Would it be advisable for me to go to the mason yard and repay the £1000? I would be very grateful for any comments and opinions. Many thanks. -- tibar

Hi, can anyone give advice? as I'm really worried. I got seriously ill and had to say of work while this happened i got into debt for £7000, this debt went to around £10,000 due to them keep adding interest and also court costs. Was served papers to go to court for questioning, i attended court, they agreed that i had limited income and i could not afford to pay anything. Then around 3 months i get a letter from the Court saying another company has taken over my debt, i didnt know this could happen? I am now getting another process server coming to my address and he even asking my neighbours information. If i have no money and rent my home why am i getting taken to Court for again? is it to be made bankrupt and will they take all my money away i have to live on? In future once I'm recovered and get back into work then i would pay but at the moment i just don't have the income. I sent of a letter to ask them to prove i owe debt but not sure if its now to late since i already have a CCJ which i didn't attend court for. At the moment i have £800 in bank which my parents paid into my account to help as i was struggling to survive now I'm worried this is going to be taken. Being ill and having this stress over me is not helping, just really stressing me at present Regards Jayne

Hi I am Disabled and bed ridden 90% of the time yet I have been placed in the work group, I need virtually 24/7 care, my husband being my full time carer.. I was granted ESA payments but I am about to submit an appeal to go into the support group instead. Can anyone tell me how long I might have to wait for my appeal to be heard and what actually happens please, also Can this decission be overturned with just letters from support group and gp etc or will I have to go for an appeal? I have help from a support group so don't have to face this on my own thankfully.. Sorry for all the questions.. Many Thanks...

Hello Could anyone tell me if, in the following hypothetical situation, the creditor's claim would be considered to be abuse of process? Suppose a debtor has a genuine dispute with a credit card company. The debtor writes reasonably expressed letters to the creditor, setting out the particulars of the debtor's grievance, which concerns a regulated credit card agreement. Suppose that the credit card company totally ignores the debtor's letters of complaint. The debtor informs the creditor that until the dispute is resolved he will suspend repayments to the creditor. The creditor sells (assigns) the debt to a company which buys credit card debts cheaply. The debtor continues to write reasonably expressed letters to the debt collection company which has bought the debt, asking for the complaint to be dealt with. The new creditor ignores totally the debtor's complaint, just as the original creditor did. The new creditor simply demands payment of the debt, whilst totally ignoring the debtor's letters of complaint. Eventually, the new creditor issues a county court money claim against the debtor, but makes no mention in his claim of the existence of an unresolved dispute between the creditor (now the claimant) and the debtor (now the defendant). I would like to know if the claimant's claim would be considered to be abuse of process; inasmuch as the purpose of the creditor's claim is to subdue the defendant into settling the claim, rather than the creditor taking the trouble to deal with the debtor's legitimate complaint by means, for example, of fair business practice, as defined by OFT debt guidance, and normal due diligence of professional business practice and normal complaints procedures. Does anyone have any thoughts on that? -I think it is an interesting matter to consider, because it happens every week in the county courts, that the legitimate complaints of debtor's are totally ignored, and claims are issued, as if a genuine complaint, which has been totally ignored, does not exist. This is particulary relevant, as from April 1 2013, much stricter CPR rules came into effect, which could potentially prevent creditors taking unfair advantage of a litigant in person. For example, Part of the bullying process which goes on in debt collection cmpanies, is flagrantly manipulating allocation hearing directions etc. to suit the claimant. Usually a very worried and over-indebted litigant in person, is completely outwitted by the creditor, and the existence of a legitimate debtor complaint is just ignored by the court. - But it seems to me that such claims should be considered to be abuse of process.

hi guys need a little bit of advice, had a car loan with black horse some years ago, anyway due to ill health had to hand back car and there was a shortfall, contacted black horse and they set up a payment plan of £5 per month which they had every month for 2 and half years, never missed a payment debt is for £1600..anyway fast forward to today, debt sold to DLC have continued to pay 5 quid a month, letter today saying this is now unacceptable and they are going to issue county court proceedings and then go for a charging order, in order to 'secure the long term debt' now obviously have continued to pay the fiver a month as on assessment esa no other income. and am wondering the best way forward in order to head them off. surely if i have paid and continue to pay this is an abuse of process, and am wondering if this would be a valid defence?

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

I have just avoided a bankruptcy petition, but have been charged huge costs. I paid the debt. I was not served the SD by hand or the BP by hand and the process server applied to the court to have them served. I know it is probably too late to do anything, but when I read the process servers statements of truth, they were full of lies. I assume that this is fraud but is there any point in complaining about it now. And if this happens to anybody in future, what action should they take

Hi, I have to submit an appeal against a judgement - two claims struck out and a costs award. The judgement itself was very brief (one page!) and there is no explanation as to how the level of costs were arrived at and how they relate to each claim. I would hope to have this information for the EAT hearing, but am I entitled to ask the Tribunal for it?

Hiya - a quick question: If an Unfair Term can be held in the consumer credit act re insufficient detail for example, can the same be held for a mortgage company that makes "SUNDRY" charges to an account. I am assuming that a charge has to be specified in more detail to be valid, but wondering what Act/Satute/Regulation may be applied?? any ideas on this as I believe many of us are being charged extras (and they simply point to their Tarriff) without any real information and they are similiar to bank penalties, probably for a service but totally out of proportion again... thanks

obtained 2 money judgments last year and have started enforcement action. judgment debtor has now issued proceedings against me for sums that have already been decided in court. this has now delayed order for sale for another three months. judgment debtor now has an unless order to file a further statement of case and set out full particulars of the claim. what if they are still identical to what has already been dealt with?

I am currently locked in a dispute with a sole trader who has ignored all of my communication to date; sadly, I am bracing myself for having to issue proceedings in the County Court in order to elicit a response. One hopes that alone will be sufficient to open a dialogue and resolve this matter without the need for the court to pass judgement; however, I wish to be prepared for the eventuality that the claim goes to trial. My research has so far taken me through many helpful posts on forums such as this, together with other advice sites and also the Civil Procedure Rules themselves. Due to the scale of the dispute, I expect that any claim will be allocated to the Small Claims Track (which would be absolutely fine with me); am I correct in understanding that, to the extent that I am awarded any costs (e.g. my fixed costs such as postage, travel, etc), they will be included in the order? What is the process for demonstrating to the court the costs that I have suffered in order that they can be assessed? Having demonstrated such costs and had any award towards them included in the court's order, I understand that I may have to take further action to enforce that order which will clearly incur further costs. Whilst I understand that court fees will automatically be added to the amount due, it is unclear to me how I would go about having my additional fixed costs added? In particular, in the deeply regrettable case that matters reach this stage, I will probably have to obtain an "order to disclose information" (N39) in order that I can decide the best method of enforcement. Since such an order must be served personally, its service is quite costly; this post* suggests that such costs can be recovered (albeit not specifically on the Small Claims Track) - but it doesn't explain how one goes about claiming that cost? * I don't have permission to post links: /forum/showthread.php?326659-Problem-with-serving-Order-to-attend-Court-for-questioning#post3614188

Sorry if this is in wrong place or is somewhere else and I haven't seen it. I have just heard that the government is changing the appeal system soon, and that the new system will make it harder to appeal. Is this true or just rumour?

How long does it take to for the them to reach a decision on a dispute? And if we 'win' it, should they still notify us about their decision (looks like it, based on their website)? We disputed a tax credits over payment (missed a deadline as their computer systems were down for a few days) back in October last year. But I haven't heard a thing from them since their request for repayment that came just before. I did phone them a week or so after sending the dispute form and they confirmed it's receipt and that their repayment request was on hold until they had made a decision. We are still in receipt of this years tax credits, which haven't been reduced or anything, so I think that this sort of implies that they have accepted our dispute and we weren't overpaid, or that they haven't reached a decision yet. Should it really take this long though?

Sorry if this question has been asked a million and one times on this forum before. But i posted my gl24 form on Monday to appeal against the esa decision. I am still waiting to hear from the DWP. Im appealing because i thought the examanition if that's what i can call it was poorly conducted by ATOS and i thought what actually happened in the examanition what badly discredited. Im thinking of going to CAB or welfare for advice. Anyhow, my question to you all what is the process for appealing? Should i be active getting letters from Doctors asking for certain forms any tips you can offer? Im asking you guys i figure i wont get any better advice from anywere else Thank You

Hi All, I was notified last week by telephone that i failed my medical examination for ESA. The lady i spoke too said i could go on JSA or launch an appeal. I told her that i would need a few days to consider my options. In the end i have decided to make an appeal against the esa decision. Basically, because i thought the way medical examination was conducted was unprofessional. My question is how do i start the process of appealing? Do i need to send a sicknote from my Doctor? Do i contact CAB? DWP? Is there a form i need to send? etc etc Thank You

Hi, I am helping someone with their benefit where they have been denied ESA after ATOS medical, so I am helping them with the appeal process. However I am slightly unsure of the process, I've read up alot on it, so here is where I am. 1) We submit the appeal form - filling in gl24 form plus a letter using the template of honeybee. 2) What happens next? do we need to see a solicitor when it goes to tribunal etc? I am really not sure , so would be massively helpful if someone can clarify. CHeers y'all