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Found 240 results

  1. I have some questions about the correct procedures for County Court summonses. I'd be really grateful if anyone could advise me on any of these queries. I have read the guidance notes for both online and paper forms but still have some uncertainties. Background: I am about to issue a County Court summons for unpaid compensation for use of part of my property by a builder. The basis of the compensation is set out in an agreement and related emails. My questions: 1) When sending in a paper N1 form, is it correct to send supporting paperwork with it? E.g. Copies of agreements, contracts, print outs of related emails. 2) Exactly how many copies of the N1 form, defendant's notes, and supporting documents (if these should be sent with the N1) do I need to send? I assume from the guidance that it should be a total of three copies of everything: One copy (i.e. the original form) for the court, one copy for the defendant, and one copy for me (to be sent back to me). 3) I was originally planning to issue the summons online but the Particulars of Claim box on the MCOL website is absurdly small. How does anyone explain the key points of their case with so few characters and lines to work with? Any help on these queries will be really helpful. Edit: I have found the answer for question 4. Questions 1, 2 and 3 still confuse me. Answered question below: 4) I am aware that one can send additional PoC by post if using the online form but, as I understand it, these later PoC are only to be sent to the defendant. The Court and the Judge will not see them unless and until the case comes to a hearing. Is this correct, or should one send additional PoC to the court as well as to the defendant? Answer: I see that form N215 'Certificate of service' requires that documents sent to the defendant must also be sent to the Court.
  2. Hi. Can someone inform me a city council can issue a court summons without the signature of a court official or case number on it?
  3. Hi, I have received a court summons from Cabot Financial over a credit card debt ( Marbles) . I moved house 2 years ago then this appears out of the blue. Can anybody help me with the court paperwork. thanks
  4. On the 11th Nov 2014 I got flashed by a mobile camera doing 56 in a 40mph. Wrong I know, my first time, and it won't be repeated. I confirmed I was the driver and then received the Fixed Penalty Notice of £100. I paid this online on the 8th Jan 2015 for which I have the email receipt, and then sent my licence a week or so later. I forgot about this for a while as you do until I noticed a refund for the fine in early late Feb, I received a letter dated 25th Feb saying that I had refused the offer of a FPN. Puzzled, I phoned the DVLA to ask them what was going on, they had no knowledge of what was going on, and had not received my licence. I reported it lost, and reordered a new licence. I now have this summons saying I refused a FPN. Also, there is a page that says "You have been charged with using a vehicle without necessary documents...." etc... This don't make sense Anybody have any help here?
  5. Hey guys, Bit of background - like many, up to my eyeballs in debt: council tax debt, gas and electric, parking fine, couple of older debts, old house utilities also. Im a single parent to a 4 year old, have bipolar disorder and struggle to manage the balancing act with regards to payments. A week before christmas 2014 a TVL bloke knocked on the door, and came in to check why I didnt have a licence. I didnt have one due to not being able to afford paying it ontop of everything else. He asked me to turn the TV on and fiddle with the buttons etc, and unbeknown to me the sky box was plugged in - upon questioning my folks they had plugged it in whilst over last as my child had asked them, and they were not aware id decided not to have a licence or use the sky box (hindsight, should have removed it from the TV stand). He filled out a form, and said that I could pay it via a weekly payment card, and that should sign up for it now and if i dont use it cancel it later on. Read the usual stuff about needing to sign it, might be taken to court but out of his hands. Did what he asked to get him out of the house. I paid the first installment, and after that stopped because it wasnt needed and finances were just not allowing me to have the extra there to pay. Nothing until last week, when I received a court summons for the 14th May because Id admitted that at some point the TV had likely been used whilst my parents were over, hence why it was connected again - though I hadnt done it myself nor had it on, but assumed because it was connected that they'd turned it on. Ive filled the form out as pleading guilty via post, parents say it was on like id told the man it probably was, and have written down the outgoings etc. Its a million dollar question, but whats the likely outcome of this? I know there will be a fine of some sort, but will the court take financial circumstances into account? Sorry for the ramble, am stressing
  6. Hi all, Over 12 months ago now, I was wrongly accused of Benefit fraud by the DWP who stopped all my income with the exception of Child Benefit. My local council then followed suit and stopped my Housing Benefit and Council Tax Support saying they were acting under the instruction of the DWP. To cut a long story short, I went to Tribunal and the Judge ruled in my favour. However, the tribunal was appealing the DWP's decision and not the Council's (I thought the appeal covered both as they acted together but this wasn't the case) I then with the help of the CAB appealed the councils' decision and recently (in the last 2 weeks) they overturned their original decision. I have now received a Court Summons 7 days after receiving an adjustment notice where the alleged "Overpayment" was taken off and the council tax support that I should have been in receipt of has been added. I am not in disagreement that I am in Council Tax arrears, as since all my benefits' stopped I was plunged in to terrible debt. I have been recently making contributions of £10 or £20 as and when I could afford it but there is no way I am able to clear the whole amount. I have requested an income and expenditure form from the Council on 3 separate occasions so that I could make an offer of repayment but I have never received the forms. The summons also has my Partner's name on them, but it is trying to recover council tax off him from periods when he wasn't even living at my address, I'm not sure if this has any bearing? The council have so far made no attempt to repay the Housing Benefit that I was entitled to whilst I was being wrongfully accused of benefit fraud or indeed to refund the money they took from a subsequent claim. If they were to give me back what I was originally entitled too, it would be more than enough to clear the council tax arrears! I really could do with some advice on how is best to proceed with this, obviously I preferably don't want to have to pay the £107 summons fees if it can be avoided. Thank you in advance, CAM
  7. I received a summons earlier this year for non-payment of council tax in a property I rent out, as the tenants hadn't registered themselves for council tax. That's not a problem in itself, a quick call to the council and the summons was cancelled. However, when I looked at the summons, I noticed the signature looked very familiar. The magistrates clerk who's signature had been used on the summons apparently has exactly the same signature as the best man from my wedding. Needless to say, I checked this with my best man and he confirmed the signature was identical to his, and that he could think of no reason why his signature should appear on the summons having never worked for the court or the council, although he had lived in the area. Perhaps this is just a remarkable coincidence, but I'm wondering if a mistake may have been made at some point and the wrong signature is being used, or if something else has gone awry. Anyway, the LA in question have confirmed that around 12k summonses have been issued in 2014/15 with the signature in question (and I'm waiting for them to clarify if there were any in previous years) , so if there is some irregularity then it could have significant impact. Does anyone have any thoughts how I might find out a bit more about the clerk and whether the signature is likely to be genuine? Would the clerk's actual name (the signature only has 2 initials and a surname) be covered under DPA or should the court provide that on request? Any other ideas?
  8. In october 2014 i had a visit from Capita saying i had no tv licence, payments had bounced etc so he went through a form with me and i had to sign this detailing what tv etc i had. He took my bank details and we set up a new direct debit quarterley. 2 payments have already gone out. However this months has bounced but i hope to rectify that soon. Yesterday i receive a summons stating i had nn licence when the officer visited in october and i have to go to court. So confsued as to what i owe, why i owe it and what i do not??!!
  9. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 26th January 2015 What is the claim for – Personal Loan The claimants claim is for the sum of 7973.19 being monies due from the defendant to the claimant under a unsecured loan agreement regulated by the consumer credit Act 1974 between the defendant and Lloyds TSB Bank plc under account reference xxxxxxxx and assigned to the claimant on 30/06/2013 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1084 at a rate of 8.00% per annum (a daily rate) of 1.45 from the date of assignment of the agreement to 23/01/2015 being an amount of 830.85 What is the value of the claim? £7463.19 Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? LOAN When did you enter into the original agreement before or after 2007? Before - November 2003 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. No by the assignee/debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Can't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Dispute over PPI What was the date of your last payment? March 2007 Was there a dispute with the original creditor that remains unresolved? yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Just a quick history on this one, back in 2007 I had a loan with Lloyds TSB, I complained about the PPI and then ensured a huge battle with Lloyds over various accounts, cards, etc, etc It ended with me opening a new current account with the Natwest and moving all my DDs/standing orders there. Therefore I believe and I have statements to prove it, that the last DD payment on this loan was March 2007. Lloyds were supposed to refund £2900 worth of PPI back against the loan in question, therefore reducing the amount outstanding and shortening the term. By looking at the balance they didn't do this. In October 2013 Lloyds sold the account to Lowells, they sent me a letter informing me of the fact they were intending to make me bankrupt! I sent them a time statute barred letter, told them to back off and I received a reply saying the account had been put on hold whilst they investigated..... Yesterday I received a claim form from Northampton, I'd had a few letters from a company called BR Legal, now it appears they are taking me to court!!! I rang them, told them the account is time statute and they know that It would appear they are going off the default date which is 2009! I informed them this is incorrect and any judge would not be impressed should this land in their chamber! I've been told to send in my defence..... I'm furious Is there anyway I can stop this in it's tracks? Or will I have to go through the whole chore of defence, witness statements, etc, etc, I have bank statements saying the last payment thanks in advance
  10. Hi. I had my car serviced by a company that a failed to provide a good service and b put on parts that I specifically did not ask for and charged me. I part paid the invoice, and they have taken me to court for the balance. The company was a ltd company, but the court summons does not mention the company, it is from a n individual (one of the directors). Is that still a valid claim? Thanks
  11. Hi everyone, I am having a traumatic time with Bryan Carter Solicitors at the moment. My partner has received a claims form asking for £2600 from a Halifax Credit Card debt three years ago. The claims form was only received on Tuesday 24th February, but was dated 6th February. Now this is what worries me and where I get slightly confused. He called them straight away and they said they will hold off judgement, providing that the debt is cleared within six months. I called them as what they stated to my partner, didn't sit well with me, nor do I trust them AT ALL! And initially they said they cant send anything in writing to confirm that they will hold off judgement for six months. But they did change their tune when I mentioned the FCA and said they will get a letter out confirming that 'if he says true to an agreement, they will hold off judgement'. But again I don't trust them. I feel slightly stressed and confused, as I feel that I have lost the chance to do anything now, as N9A form should of already been submitted (I only know slight information regarding how CCJ's work, as I dealt with litigation in an insurance firm) so any help/advice would be greatly appreciated. Many thanks
  12. Hi Guys, I would like some advice please. I received a council tax final notice on 11th Match 2015 asking for payment of £64.42 before the 25th March 2015 to avoid being issued with a summons. I paid that amount on 14/03/2015. However today I received a bill for £180.00 plus summons cost of £120.00. I believe I owe £180.00 for council tax but don't see why I should be asked to pay the summons when I had already been sent a demand for final notice. Is there anyway I can get the summons costs to be cancelled? Is there any template letter I can use for this? Thanks,
  13. Got a summons this morning from my local authority for non-payment of Council Tax. I have been paying over 12 months despite them never actually issuing me a bill. I went and found the value of the CT and have been paying via Bank Transfer a value more than the 12 monthly figure. In December the Council changed their Bank account and this was the first letter we had all year. I duly corrected my payment on the bank but only paid £1 for the month. This would have put me slightly behind and in mid-January we got a 'Council Tax Reminder Notice' (No idea if its the 1st, 2nd or final) so I split the outstanding value and paid 1/2 at the end of January. So, whats the chances of swerving the £80 costs? I have paid more than the outstanding Council Tax bill so they now owe me £1.something from that. My argument primarily is there seems to have been a Procedural Improprietry (sp?) in that they have failed to follow the procedure of issuing 3 reminders before preoceding to summons. Is this worth trying?
  14. Hi, I haven't had to post on here for ages as I feel I am finally making headway. Just a brief background I had a period of homelessness and illness, then struggled to find work when I had a home. Last April I got work and have worked so hard to get on my feet, after mistake after mistake from the CSA and Council I am making headway. Unfortunately another council bombshell hit me on Monday. I have been paying an agreed amount of council tax monthly and have kept up payments so assumed everything is fine. On Monday my day off, I walked in to a summons on the doorstep, the amount was exactly £400 + £55 costs + £50 if it goes to court. I assumed it was a mistake so phoned the enforcement agents on the letter. The first lady was totally unhelpful and just said I had defaulted and that was the only information I could have. I then went back through a year of bank statements to see if I had missed anything but I hadn't. I did however receive a letter in January for an outstanding amount of £12. Now I wrongly assumed it was an extra on a recalculation, this recalculation was made when my Girlfriend moved in and I lost my single person discount. I had informed them and the payments went up. I paid the £12 the next day after the letter. On phoning again armed with this information it seems to have been a calculation error, they didn't put enough on my bill. The long and short is that the Council only send one reminder then it is summons time, they counted the £12 as a reminder. My Girlfriend and I then did a calculation and found with what I paid and this extra £400 I would be paying £161 MORE than the maximum for the band B I am in in my area. So yet another call this time to the council. They finally admit a calculation error and the figure was lowered to £239 which I paid £130 there and then and a promise of £109 on Monday (I get paid weekly) then they will lift the summons. Now one problem is I am still getting stitched as I was single from April to January but am being forced to pay the whole year without the discount. Now I am prepared to let that go as she did spend a lot of time with me and I don't really want to rock the boat on what is legally living together or not (she had her own place however). But are they likely to lift the summons and not charge me the £55 costs with the £50 court fee? They say it will be on Monday but the other enforcement officers said there is no way it could be lifted unless the fee was paid. I am at my wits end. It is so grossly unfair I received no letters and everyone I have spoken to claims a different number of letters were sent. I know I received nothing or it would have been paid.
  15. Hello All, I'm writing in hope that some one can provide some advise and guidance. Today we have received a requisition request from the courts to attend court in April for failing to notify the DVLA of 'Change of vehicle ownership' However, we have the acknowledgment letter and reference number from the DVLA confirming receipt and notification of details being updated on DVLA Records. Obviously we are going to make contact with the DVLA, should we also send a copy of the above to the Designated Officer at the courts? What if DVLA contest despite us having proof? Thanks for your time, we look forward to reading your replies.. Regards Geoff
  16. Hi Guys, I have an issue where I have been summoned to court for not sending my driving license to dvla. I was offered a fixed penalty for a speeding offence. I paid the £100.00 fine online and sent my documents off to dvla to be endorsed as requested. Sometime later I then got a summons to court for a date in March. I contacted the fixed penalty office to query why this was as I have proof I had paid the fine. They replied saying that they hadn't received my documents, even though I had sent them via royal mail on the same day. They said I would have to attended court and plead my case, if I lose it will increase to 6 points and up too £1000 fine. I have today applied for a new license as I need this for work. Please can someone advise me what to do
  17. Hi I too have just very recently had the notorious Letter from Link saying that they have been assigned the debt we previously had with Volvo (previously Mazda) finance. And by some uncanny coincidence, had the exact same letter you recd from Landrover (we recd from Volvo) stating they had assigned our account to FCE who had reassigned to Link. I too had a man on the phone from link who blatantly refused an offer of instalments and asked me to go an apply for some finance to pay them off. SHOCKING!!!!! This lovely man has stated he will give me until the end of next week to prove that I have tried everything to raise the money before they proceed with action against me - so kind. today I have 7 missed calls on my phone that I know are from them (unknown number). I have decided that next time I speak to him, I will ask for his instruction in writing i.e to go and try and get the money via loans etc and his refusal of installments. Sorry for the long post, I just wanted to let you know I am proceeding down the same path as you have been (and still are travelling) and like you, am daunted by the whole thing although with every ounce of my body will fight this pond life. I may need to start my own thread and Im sure the moderators will advise me on this. Initially though I thought I would post on here due to the similarity in our plights. Just want to say, what a wonderful site and some brilliant advice and support from what i have seen so far.
  18. Hello all I am new to the site and was looking for advice on this matter. I am a motor trader and was using a vehicle with valid trade plates displayed. For some reason it was picked up by a camera as 'untaxed' The DVLA sent a letter asking for a fine, to which I replied explaining that the vehicle was using trade plates. They do not seem to have received my response and have now taken the matter to court. I have now written to them again but they have not yet responded. My problem is that the court date is approaching and I am now not sure what to do. Does anybody have any advise on this? Many thanks in advance
  19. Hi In August of last year I was caught by an inspector on a train to Waterloo, with the wrong ticket. I had purchased a cheaper ticket that would not reach my destination, when I was questioned I panicked about the fine and initially gave a different address to my own. I then admitted this and signed the inspectors statement. I won't make excuses, it was the worst decision I have ever made and was something that has caused me great pain and regret since. All I can say is that I was travelling up to a temporary work placement for which I was not getting paid and was short of money at the time, also my mum is a recovering alcoholic and had a relapse the previous day. These are the only factors I can give that contributed to what was a stupid and idiotic action. I cannot stress enough the pain and regret I have experienced since. It was a first time offence and I'm not usually the sort of person to get in trouble. In December SWT sent me a letter asking for further details to which I duly responded, humbly apologising as much as I could and asking whether they would consider settling out of court. I have just heard back from them yesterday as I have received a court summons to attend in February. I have read many forum posts and believe the next step I should take is to ring them up and try to get them to agree and out of court settlement. Is this the best way to go about this? James
  20. Hello All, Name of Claimant: Capquest Investments Limited Date of issue – 03 February 2015 Acknowledge By – 21 February Defence – 07 March - yes file by 4pm (Are my dates correct?)^^ What is the claim for – the reason they have issued the claim? The claim is for the sum of £8600 in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Banking Group under account xxxx Upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Lloyd Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors What is the value of the claim? £9100 including costs Is the claim for a current account (overdraft ) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 23/10/2013 Did you receive a Default Notice from the original creditor? 20 November 2008 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulty What was the date of your last payment? October 2008 Was there a dispute with the original creditor that remains unresolved? No other than excessive overdraft charges Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I sent a CPR31.14 request to DrydenFairfax on 11 February 2015 Recorded Delivery I have disputed the claim and logged my intention on the Court Website 11-02-15 I had an Overdraft facility with Lloyds bank in 2006. Due to changes in my circumstances my borrowing began to spiral and the charges compounded the problem until it became unmanageable. I changed banking providers in order to get back on my feet. Although a number of DCA's sent letters and calls I always asked for CCA's which they could never seem to provide and they would disappear. However I have now been contacted by Drydenfairfax 16 January 2015 and a Summons followed which I received 06 February 2015. I do feel the charges were excessive and that is why I elected to defend the claim. I would just like some advice as what my next steps should be.
  21. I received a court summons for unpaid car tax. I am so stupid! I got the car end of October and I was meant to pay for car tax, but kept forgetting. Anyway the car broke in November and has had lots of issues that I have taken it to places to get looked at and haven't taxes or sorn it. I did receive a letter in November for a fine, but I was so stressed out I completely forgot about it until today. I understands am guilty and will plea this, but I am worried about if I would go to prison or how much the fine could be. Can I do anything to prevent this going to court if I paid the initial fine? Please help
  22. Hello CAG posters, Any advice on my current predicament would be MUCH appreciated: Last July I was caught on the TFL network for using a friend's Freedom Pass. I provided my parents' address (genuine, and it was checked via a phone call to Inland Revenue). I admitted that I was trying to save money and when asked why I did this, I replied that I would be leaving the country to volunteer abroad for a year and needed to save some money. My parents received a bailiff letter last week to collect a sum of over 800 pounds. I imagine this is because I received a court summons and did not attend the hearing. However, I left the country mid-August last year (I have evidence to prove this: contract with NGO; entry stamp at airport). I am due to return to the UK in a couple of months but am really worried about: a) getting arrested at the airport b) having to pay the new sum of over 800 pounds What are my options and how I can limit these hefty costs? Please, I know I have been very stupid in this regard, but don't need any more guilt trips. I have registered on this forum for professional advice and would be very grateful for any such posts. Many thanks
  23. Hello, Just received a Court Summons letter for unpaid Council Tax, but I believe that I'm not liable. My wife and I rented a flat from a private landlord from June 2013 to January 2015. We have a copy of our Tenancy Agreement which states clearly that "the rent is inclusive of gas, electricity and Council Tax". A Council Tax bill arrived in July 2014 but was ignored (in hindsight, probably should have dealt with it). Another Council Tax bill arrived in December 2014. This time I wrote an email to the Council stating "we're not liable - see attached Tenancy Agreement to see we're not liable". The Council wrote an email back stating "you are liable as your name appears on the bill". wrote an email back stating "we're not liable, did you even look at the Tenancy Agreement, under no circumstance will we pay unless a Judge insists we must". Note that the Council only wants Council Tax for the period July 2014 to January 2015. I have two concerns. Firstly, it's clear something changed in the summer of 2014. I worry that the Court may say something along the lines of: "the Tenancy Agreement terms were changed by the landlord, so that rent was exclusive of Council Tax, landlord didn't inform you - you need to pay the Council Tax and sue the landlord separately". Is this something that's legally possible? And Secondly, I worry that if the Council finally realise I'm not liable, that they will continue to seek payment for Costs of £86 which appear on the Court Summons letter. They may say: "you didn't inform us about the liability dispute until the Costs had already been added so you have to pay". Whereas I would argue that my emails sent in December should have been enough to see that I wasn't liable. Do I have a case? I have booked an appointment with the Council so will hopefully try to sort it out. Affordability isn't an issue as we would be able to pay in full if required. Any advice will be appreciated.
  24. Hi everybody, I moved into my property on October 2014 and had to fill in a form to say I was a single occupant and since then I have heard nothing unti I got the letter below (excuse the spillage) along with a expenditure form. Now I cant pay the amount by the date stated and the last thing I need is a CCJ. Any advise thank you please.
  25. Well, they have finally done it. Debt Enforcement Action Limited have sent me a summons for parking on my own land. This resullts from a claim 2.5 years ago when my vehicle was parked on land I own that is covered by cameras operated by CEL, who were too stupid to let things drop and sold on a non-existent debt to these chancers. Oddly enough the address for correspondence is not their maildrop in London, nor their director's home address but the office address for CEL. I have filled out my counterclaim and hopefully I will put them out of business since they wont be able to withdraw the claim without paying me a small fortune. To rub a bit of salt in the wounds I will not rely solely on being their supposed clients landlord and supremacy of contract and will list other more standard defence points that anyone can use. I will let you know in a month's time what else I get through the post on this.
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