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Found 55 results

  1. Hi, I had an agreement with MBNA where they would hold all interest, as long as I paid the debt off within 10 years. The amount owing was divided up in 120 months (10 years). However, in the mean time, they have decided to sell the debt, at the same time as our financial situation has changed. The monthly payments are now less. They write to inform me that I am in arrears. The DCA have said the following, is this right does anyone know?? The payment was set by MBNA, based upon, I assume a previous Income and Expenditure form at the point of being 'charged off' which means no further interest is applied to your account but it does mean that this is your 'normal monthly payment'. This can not be amended now as it was sold on this way. It is also less than the 5% normally applied to credit card accounts. And so, we are happy to accept your offer of payment but as it is does not meet your contractual payment the arrears will continue to accrue. We have a legal obligation to reflect accurate data to the Credit Reference Agencies, which also includes arrangements, missed payments and arrears and so your data entry at the credit reference agency will be updated with this information.
  2. Hi, I'm on a DMP with StepChange since 2014 and of the 8 accounts 7 have added a default within the 6 months period, apart from Creation. They have sold this to Lowells and I have written to them to ask for a backdated default to be added. they have refused and said they will update the credit reference agencies with details of any payments made. I'm worried that as all the others will drop off in early 2020 this will continue to be an ongoing nightmare. I'm not sure what to next :/
  3. Dear All, I filled out the online form for Barclaycard to reclaim my PPI, which I never realised that I had. I get a reply this week enclosing a copy of a letter dated November 2014 that apparently they sent me when I applied for return of PPI the last time??? I have zero memory of doing this and I am not convinced they are telling me the truth. In any case they are telling me that nothing was miss sold and I am not getting any money back. It seems like a generic letter and they have used internal and external evidence to reach this decision. They have also included the "linked cards" that where on my account? I have no idea what the linked cards are. Does anyone have any ideas? I am about to send a new letter to Barclays advising them that I never received the letter dated November 2014, can they please provide copies of all credit contracts between barclay card and myself and also copies of all the evidence internal and external that supports their case so that I can take this case to the next stage. I would also like supporting evidence that shows me that the PPI was not missold. I have advised that i will take the case to the BO. Has anyone else had a similar situation? Does anyone have any experience as what has happened once they get a letter asking for the supporting evidence? Finally what linked cards? Many Thanks
  4. Hi, I bought a Mercedes GLA 2014 reg from car giant for 18k, a few days the car's engine light has come on and the car's drive does not seem to be very smooth. It seems to go straight from D1 to D4 etc. I am very upset as I feel the car has been missold and should have been checked as it is a substantial value. I would really appreciate any help regards to my rights. I would like a full refund as I have no confidence in the car as well as Car Giant. I was only allowed to test drive it a short drive around the industrial estate which would never have flagged those problems at the point of sale. Any help would be much appreciated. Thank you..
  5. Hi I have late loan monthly payments recorded on my credit report from Nov 2014 up to now . I haven't paid but want to clear the loan now that I can afford to. Myjar charges a late monthly payment fee if you are 3 days overdue on your monthly payment. I have had no record of them asking for late payment charges from me. Can I ask them to accept the loan repayment in full without any charges and is it likely that they will register a default anyway? Look forward to your response
  6. The following is from the BBC News today: http://www.dailymail.co.uk/news/article-4057088/Car-clampings-double-tax-discs-axed.html
  7. I've recently decided to try and get my credit history back on track. I've requested my stat credit reports and notice that there is a CCJ on there from an old o2 account, which was obviously passed to Lowell and they have a default judgement against me. I didn't know anything about this and I wasn't even aware the mobile phone contract with o2 was a 'credit agreement'. I stopped being able to pay around March 2013, after my redundancy in 2012, when I just couldn't keep up the repayments. I let o2 know about this and offered to pay them a nominal amount but didn't hear anything back. The judgement was made in July 2014 and I moved address in July 2013 with 6 months address forwarding. The strange thing is I had a Barclaycard CCJ come in May 2014 but this one to the new address and I wrote to the court and have agreed a payment plan on it, so no idea why I didn't receive the o2/Lowell one. Interestingly the o2/Lowell CCJ is only recorded on my Equifax report, nowhere else. Is there anything I can do about this? Would I be able to get it set aside? Thanks for any help!
  8. Centrica-owned British Gas has to pay 9.5 million pounds ($11.9 million) in compensation to customers who faced billing problems after the household energy supplier upgraded its system in 2014, UK energy market regulator Ofgem said on Tuesday. Ofgem said British Gas, Britain's biggest energy supplier, had shown failings in its registrations, complaints handling and billing processes for business customers and over 6,000 new customers had experienced delays registering with the supplier. https://uk.news.yahoo.com/british-gas-pay-9-5-million-pound-customer-110752334--finance.html
  9. CAG Newsletter - October 2010 01 -October 2010 Newsletter.pdf CAG Newsletter - November 2010 02 - November 2010 Newsletter.pdf CAG Newsletter - December 2010 03 - December 2010 Newsletter.pdf
  10. I have discovered that ALL new televisions sold by Tesco in April 2014 were on a special promotion for the world cup. As such they were all sold with a free 5 year warranty with square trade. So, if you have a TV from Tesco that has packed up, check your purchase date carefully. It does not matter if you have the receipt still if you paid by card they can confirm the purchase date as long as you can say which store and the date purchased. I hope this helps at least one person out!
  11. Evening everyone, Looking for peace of mind and advice on whether to send a short, firm letter back or continue ignoring. I received a ticket in February 2014. I had purchased a 24 hour ticket from 15:24 - 15:24 for £1.50 but received a ticket at 08:21 the following morning (Still have original ticket). As I have done successfully in the past I continued to ignore the letters. Received around 6 letters over the course of the next 12-18 months but then they stopped. Around a month ago I received my first letter from 'BW Legal'. They have now sent a final notice letter as mentioned by others in the forum asking for £154. Shall I continue to ignore this or send a response? Anybody had any dealings with these beyond the final notice? Am I likely to receive a court order? Thanks guys, really appreciate any responses I receive.
  12. It is easier to read it here:- http://www.legislation.gov.uk/uksi/2014/874/made “SCHEDULE 1Fees to be taken Column 1 Number and description of fee Column 2 Amount of fee (a) The CPR is defined in the Civil Proceedings Fees Order 2008 S.I. 2008/1053 as meaning the Civil Procedure Rules 1998. (b) 1974 c.47 as amended by section 177 and Part 1 of Schedule 16 of the Legal Services Act 2007 (c. 29). © 1985 c. 6. (d) 2006 c. 46. (e) 1986 c. 45. (f) Schedule B1 to the Insolvency Act 1986 was inserted by the Enterprise Act 2002 (c.40) section 248(2) and Schedule 12. (g) Schedule A1 to the Insolvency Act 1986 was inserted by the Insolvency Act 2000 (c.39) section 1, Schedule 1, paragraphs 1 and 4. (h) 2012 c. 10. (i) S.I .1993/2073 as amended by S.I 2001/1386. (j) 1878 c.31. (k) 1882 c.43. (l) 1996. c.23.” 1 Starting proceedings (High Court and County Court) 1.1 On starting proceedings (including proceedings issued after permission to issue is granted but excluding CCBC cases brought by Centre users or cases brought by Money Claim OnLine users) to recover a sum of money where the sum claimed: (a) does not exceed £300; £35 (b) exceeds £300 but does not exceed £500; £50 © exceeds £500 but does not exceed £1,000; £70 (d) exceeds £1,000 but does not exceed £1,500; £80 (e) exceeds £1,500 but does not exceed £3,000; £115 (f) exceeds £3,000 but does not exceed £5,000; £205 (g) exceeds £5,000 but does not exceed £15,000; £455 (h) exceeds £15,000 but does not exceed £50,000; £610 (i) exceeds £50,000 but does not exceed £100,000; £910 (j) exceeds £100,000 but does not exceed £150,000; £1,115 (k) exceeds £150,000 but does not exceed £200,000; £1,315 (l) exceeds £200,000 but does not exceed £250,000; £1,515 (m) exceeds £250,000 but does not exceed £300,000; £1,720 (n) exceeds £300,000 or is not limited. £1,920 1.2 On starting proceedings to recover a sum of money in CCBC cases brought by Centre users, where the sum claimed: (a) does not exceed £300; £25 (b) exceeds £300 but does not exceed £500; £35 © exceeds £500 but does not exceed £1,000; £60 (d) exceeds £1,000 but does not exceed £1,500; £70 (e) exceeds £1,500 but does not exceed £3,000; £105 (f) exceeds £3,000 but does not exceed £5,000; £185 (g) exceeds £5,000 but does not exceed £15,000; £410 (h) exceeds £15,000 but does not exceed £50,000; £550 (i) exceeds £50,000 but does not exceed £100,000. £815 1.3 On starting proceedings to recover a sum of money brought by Money Claim OnLine users where the sum claimed: (a) does not exceed £300; £25 (b) exceeds £300 but does not exceed £500; £35 © exceeds £500 but does not exceed £1,000; £60 (d) exceeds £1,000 but does not exceed £1,500; £70 (e) exceeds £1,500 but does not exceed £3,000; £105 (f) exceeds £3,000 but does not exceed £5,000; £185 (g) exceeds £5,000 but does not exceed £15,000; £410 (h) exceeds £15,000 but does not exceed £50,000; £550 (i) exceeds £50,000 but does not exceed £100,000. £815 Fees 1.1, 1.2 and 1.3. Where the claimant is making a claim for interest on a specified sum of money, the amount on which the fee is calculated is the total amount of the claim and the interest. 1.4 On starting proceedings for the recovery of land: (a) in the High Court; £480 (b) in the County Court, other than where fee 1.4© applies; £280 © using the Possession Claims Online website. £250 1.5 On starting proceedings for any other remedy (including proceedings issued after permission to issue is granted): in the High Court; £480 in the County Court. £280 Fees 1.1, 1.4 and 1.5. Recovery of land or goods. Where a claim for money is additional or alternative to a claim for recovery of land or goods, only fee 1.4 or 1.5 is payable. Fees 1.1 and 1.5. Claims other than recovery of land or goods. Where a claim for money is additional to a non money claim (other than a claim for recovery of land or goods), then fee 1.1 is payable in addition to fee 1.5. Where a claim for money is alternative to a non money claim (other than a claim for recovery of land or goods), only fee 1.1 is payable in the High Court, and, in the County Court, whichever is greater of fee 1.1 or fee 1.5 is payable. Fees 1.1 and 1.5. Where more than one non money claim is made in the same proceedings, fee 1.5 is payable once only, in addition to any fee which may be payable under fee 1.1. Fees 1.1 and 1.5 are not payable where fee 1.8(b), fee 1.9(a), fee 3 or fee 10.1 applies. Fees 1.1 and 1.5. Amendment of claim or counterclaim. Where the claim or counterclaim is amended, and the fee paid before amendment is less than that which would have been payable if the document, as amended, had been so drawn in the first instance, the party amending the document must pay the difference. 1.6 On the filing of proceedings against a party or parties not named in the proceedings. £50 Fee 1.6 is payable by a defendant who adds or substitutes a party or parties to the proceedings or by a claimant who adds or substitutes a defendant or defendants. 1.7 On the filing of a counterclaim. The same fee as if the remedy sought were the subject of separate proceedings No fee is payable on a counterclaim which a defendant is required to make under rule 57.8 of the CPR(a) (requirement to serve a counterclaim if a defendant makes a claim or seeks a remedy in relation to a grant of probate of a will, or letters of administration of an estate, of a deceased person). 1.8(a) On an application for permission to issue proceedings. £50 (b) On an application for an order under Part 3 of the Solicitors Act 1974(b) for the assessment of costs payable to a solicitor by a client or on starting costs-only proceedings. £50 1.9(a) For permission to apply for judicial review. £140 1.9(b) On request to reconsider at a hearing a decision on permission £350 Where fee 1.9(b) has been paid and permission has been granted at a hearing, the amount payable under fee 1.9© is £350. Where the court has made an order giving permission to proceed with a claim for judicial review, there is payable by the claimant within 7 days of service on the claimant of that order: 1.9© if the judicial review procedure has been started. £700 1.9(d) if the claim for judicial review was started otherwise than by using the judicial review procedure. £140 2 General Fees (High Court and County Court) 2.1 On the claimant filing a pre-trial check list (listing questionnaire); or where the court fixes the trial date or trial week without the need for a pre-trial check list; or where the claim is on the small claims track, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed a fee payable for the hearing of: (a) a case on the multi-track; £1,090 (b) a case on the fast track; £545 © a case on the small claims track where the sum claimed: (i) does not exceed £300; £25 (ii) exceeds £300 but does not exceed £500; £55 (iii) exceeds £500 but does not exceed £1,000; £80 (iv) exceeds £1,000 but does not exceed £1,500; £115 (v) exceeds £1,500 but does not exceed £3,000; £170 (vi) exceeds £3,000. £335 Fee 2.1 is payable by the claimant except where the action is proceeding on the counterclaim alone, when it is payable by the defendant: or within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed. Where a case is on the multi-track or fast track and, after a hearing date has been fixed, the court receives notice in writing from the party who paid the hearing fee that the case has been settled or discontinued then the following percentages of the hearing fee will be refunded: (i) 100% if the court is notified more than 28 days before the hearing; (ii) 75% if the court is notified between 15 and 28 days before the hearing; (iii) 50% if the court is notified between 7 and 14 days before the hearing. Where a case is on the small claims track and, after a hearing date has been fixed, the court receives notice in writing from the party who paid the hearing fee, at least 7 days before the date set for the hearing, that the case has been settled or discontinued the hearing fee will be refunded in full. Fee 2.1 is not payable in respect of a case where the court fixed the hearing date on the issue of the claim. 2.2 In the High Court on filing: £240 an appellant’s notice: or a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court. 2.3 In the County Court on filing: an appellant’s notice, or a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court: (a) in a claim allocated to the small claims track; £120 (b) in all other claims. £140 Fees 2.2 and 2.3 do not apply on appeals against a decision made in detailed assessment proceedings. 2.4 On an application on notice where no other fee is specified. £155 2.5 On an application by consent or without notice where no other fee is specified. £50 For the purpose of fee 2.5 a request for a judgment or order on admission or in default does not constitute an application and no fee is payable. Fee 2.5 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing. Fees 2.4 and 2.5 are not payable when an application is made in an appeal notice or is filed at the same time as an appeal notice. 2.6 On an application for a summons or order for a witness to attend court to be examined on oath or an order for evidence to be taken by deposition, other than an application for which fee 7.2 or 8.3 is payable. £50 2.7 On an application to vary a judgment or suspend enforcement, including an application to suspend a warrant of possession. £50 Where more than one remedy is sought in the same application only one fee is payable. 2.8 Register of judgments, orders and fines kept under section 98 of the Courts Act 2003: On a request for the issue of a certificate of satisfaction. £15 3 Companies Act 1985, Companies Act 2006 and Insolvency Act 1986 (High Court and County Court) 3.1 On entering a bankruptcy petition: (a) if presented by a debtor or the personal representative of a deceased debtor; £180 (b) if presented by a creditor or other person. £280 3.2 On entering a petition for an administration order. £280 3.3 On entering any other petition. £280 One fee only is payable where more than one petition is presented in relation to a partnership. 3.4(a) On a request for a certificate of discharge from bankruptcy; £70 (b) after the first certificate, for each copy. £10 3.5 On an application under the Companies Act 1985©, the Companies Act 2006(d) or the Insolvency Act 1986(e) other than one brought by petition and where no other fee is specified. £160 Fee 3.5 is not payable where the application is made in existing proceedings. 3.6 On an application for the conversion of a voluntary arrangement into a winding up or bankruptcy under Article 37 of Council Regulation (EC) No 1346/2000. £160 3.7 On an application, for the purposes of Council Regulation (EC) No 1346/2000, for an order confirming creditors’ voluntary winding up (where the company has passed a resolution for voluntary winding up, and no declaration under section 89 of the Insolvency Act 1986 has been made). £50 3.8 On filing: £50 a notice of intention to appoint an administrator under paragraph 14 of Schedule B1 to the Insolvency Act 1986(f) or in accordance with paragraph 27 of that Schedule; or a notice of appointment of an administrator in accordance with paragraphs 18 or 29 of that Schedule. Where a person pays fee 3.8 on filing a notice of intention to appoint an administrator, no fee is payable on that same person filing a notice of appointment of that administrator. 3.9 On submitting a nominee’s report under section 2(2) of the Insolvency Act 1986. £50 3.10 On filing documents in accordance with paragraph 7(1) of Schedule A1(g) to the Insolvency Act 1986. £50 3.11 On an application by consent or without notice within existing proceedings where no other fee is specified. £50 3.12 On an application with notice within existing proceedings where no other fee is specified. £155 3.13 On a search in person of the bankruptcy and companies records, in the County Court. £45 Requests and applications with no fee: No fee is payable on a request or on an application to the Court by the Official Receiver when applying only in the capacity of Official Receiver to the case (and not as trustee or liquidator), or on an application to set aside a statutory demand. 4 Copy Documents (Court of Appeal, High Court and County Court) 4.1 On a request for a copy of a document (other than where fee 4.2 applies): (a) for ten pages or less; £10 (b) for each subsequent page. 50p Note: The fee payable under fee 4.1 includes: where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file; where a party requests that the court fax a copy of a document from the court file; and where the court provides a subsequent copy of a document which it has previously provided. 4.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy. £10 5 Determination of costs (Senior Court and County Court) Fee 5 does not apply to the determination in the Senior Courts of costs incurred in the Court of Protection. 5.1 On the filing of a request for detailed assessment where the party filing the request is legally aided, is funded by the Legal Aid Agency or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(h) and no other party is ordered to pay the costs of the proceedings. £200 5.2 On the filing of a request for detailed assessment in any case where fee 5.1 does not apply; or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by a client pursuant to an order under Part 3 of the Solicitors Act 1974 where the amount of the costs claimed: (a) does not exceed £15,000; £335 (b) exceeds £15,000 but does not exceed £50,000; £675 © exceeds £50,000 but does not exceed £100,000; £1,005 (d) exceeds £100,000 but does not exceed £150,000; £1,345 (e) exceeds £150,000 but does not exceed £200,000; £1,680 (f) exceeds £200,000 but does not exceed £300,000; £2,520 (g) exceeds £300,000 but does not exceed £500,000; £4,200 (h) exceeds £500,000. £5,600 Where there is a combined party and party and legal aid, or a combined party and party and Legal Aid Agency, or a combined party and party and Lord Chancellor, or a combined party and party and one or more of legal aid, Legal Aid Agency or Lord Chancellor determination of costs, fee 5.2 will be attributed proportionately to the party and party, legal aid, Legal Aid Agency or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed. 5.3 On a request for the issue of a default costs certificate. £60 5.4 On commencing an appeal against a decision made in detailed assessment proceedings. £210 5.5 On a request or application to set aside a default costs certificate. £110 6 Determination in the Senior Courts of costs incurred in the Court of Protection 6.1 On the filing of a request for detailed assessment: (a) where the amount of the costs to be assessed (excluding VAT and disbursements) does not exceed £3,000; £115 (b) in all other cases. £225 6.2 On an appeal against a decision made in detailed assessment proceedings. £65 6.3 On a request or application to set aside a default costs certificate. £65 7 Enforcement in the High Court 7.1 On sealing a writ of control/possession/delivery. £60 Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable. 7.2 On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order. £50 7.3(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution. £100 (b) On an application for a charging order. £100 Fee 7.3(a) is payable in respect of each third party against whom the order is sought. Fee 7.3(b) is payable in respect of each charging order applied for. 7.4 On an application for a judgment summons. £100 7.5 On a request or application to register a judgment or order, or for permission to enforce an arbitration award, or for a certificate or a certified copy of a judgment or order for use abroad. £60 8 Enforcement in the County Court 8.1 On an application for or in relation to enforcement of a judgment or order of the County Court or through the County Court, by the issue of a warrant of control against goods except a warrant to enforce payment of a fine: (a) in cases other than CCBC cases; £100 (b) in CCBC cases. £70 8.2 On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension and CCBC cases brought by Centre users). £30 8.3 On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order. £50 8.4(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution. £100 (b) On an application for a charging order. £100 Fee 8.4(a) is payable in respect of each third party against whom the order is sought. Fee 8.4(b) is payable in respect of each charging order applied for. 8.5 On an application for a judgment summons. £100 8.6 On the issue of a warrant of possession or a warrant of delivery. £110 Where the recovery of a sum of money is sought in addition, no further fee is payable. 8.7 On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure payment of a judgment debt. £100 Fee 8.7 is payable for each defendant against whom an order is sought. Fee 8.7 is not payable where the attachment of earnings order is made on the hearing of a judgment summons. 8.8 On a consolidated attachment of earnings order or on an administration order. For every £1 or part of a £1 of the money paid into court in respect of debts due to creditors - 10p Fee 8.8 is calculated on any money paid into court under any order at the rate in force at the time when the order was made (or, where the order has been amended, at the time of the last amendment before the date of payment). 8.9 On an application for the enforcement of an award for a sum of money or other decision made by any court, tribunal, body or person other than the High Court or the County Court. £40 8.10 On a request for an order to recover a sum that is: a specified debt within the meaning of the Enforcement of Road Traffic Debts Order 1993(i); or £7 pursuant to an enactment, treated as a specified debt for the purposes of that Order. No fee is payable on: an application for an extension of time to serve a statutory declaration or a witness statement in connection with any such order; or a request to issue a warrant of control to enforce any such order. 8A Service in the County Court 8A.1 On a request for service by a bailiff of an order to attend court for questioning. £100 9 Sale (County Court only) 9.1 For removing or taking steps to remove goods to a place of deposit. The reasonable expenses incurred Fee 9.1 is to include the reasonable expenses of feeding and caring for any animals. 9.2 For the appraisement of goods. 5p in the £1 or part of a £1 of the appraised value 9.3 For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods). 15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances 9.4 Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped. (a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 9.1 and 9.2. FEES PAYABLE IN HIGH COURT ONLY 10 Miscellaneous proceedings or matters Bills of Sale 10.1 On filing any document under the Bills of Sale Act 1878(j) and the Bills of Sale Act (1878) Amendment Act 1882(k) or on an application under section 15 of the Bills of Sale Act 1878 for an order that a memorandum of satisfaction be written on a registered copy of the bill. £25 Searches 10.2 For an official certificate of the result of a search for each name, in any register or index held by the court; or in the Court Funds Office, for an official certificate of the result of a search of unclaimed balances for a specified period of up to 50 years. £45 10.3 On a search in person of the court’s records, including inspection, for each 15 minutes or part of 15 minutes. £10 Judge sitting as arbitrator 10.4 On the appointment of: (a) a judge of the Commercial Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996(l); or £2,455 (b) a judge of the Technology and Construction Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996. £2,455 10.5 For every day or part of a day (after the first day) of the hearing before: (a) a judge of the Commercial Court; or £2,455 (b) a judge of the Technology and Construction Court, so appointed as arbitrator or umpire. £2,455 Where fee 10.4 has been paid on the appointment of a judge of the Commercial Court or a judge of the Technology and Construction Court as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee will be refunded. 11 Fees payable in Admiralty matters In the Admiralty Registrar and Marshal’s Office: 11.1 On the issue of a warrant for the arrest of a ship or goods. £225 11.2 On the sale of a ship or goods Subject to a minimum fee of £205: (a) for every £100 or fraction of £100 of the price up to £100,000; £1 (b) for every £100 or fraction of £100 of the price exceeding £100,000. 50p Where there is sufficient proceeds of sale in court, fee 11.2 will be payable by transfer from the proceeds of sale in court. 11.3 On entering a reference for hearing by the Registrar. £70 FEES PAYABLE IN HIGH COURT AND COURT OF APPEAL ONLY 12 Affidavits 12.1 On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration except for the purpose of receipt of dividends from the Accountant General and for a declaration by a shorthand writer appointed in insolvency proceedings: for each person making any of the above. £11 12.2 For each exhibit referred to in an affidavit, affirmation, attestation or declaration for which fee 12.1 is payable. £2 FEES PAYABLE IN COURT OF APPEAL ONLY 13 Fees payable in appeals to the Court of Appeal 13.1(a) Where in an appeal notice, permission to appeal or an extension of time for appealing is applied for (or both are applied for): £235 on filing an appellant’s notice; or where the respondent is appealing, on filing a respondent’s notice. 13.1(b) Where permission to appeal is not required or has been granted by the lower court: £465 on filing an appellant’s notice, or on filing a respondent’s notice where the respondent is appealing. 13.1© On the appellant filing an appeal questionnaire (unless the appellant has paid fee 13.1(b), or the respondent filing an appeal questionnaire (unless the respondent has paid fee 13.1(b)). £465 13.2 On filing a respondent’s notice where the respondent wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court. £235 13.3 On filing an application notice. £235 Fee 13.3 is not payable for an application made in an appeal notice. EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053). It increases fees payable in civil proceedings as set out in the Explanatory Memorandum, which is published at www.legislation.gov.uk. If the fee has been paid for a request to reconsider at a hearing a decision on permission to bring a judicial review and permission is subsequently granted at a hearing, only half of the judicial review fee is then payable. Fee 2 (General Fees (High Courts and County Court) has been changed to remove fees payable on filing a directions questionnaire, receipt of a notice of allocation and filing a pre-trial checklist. References to the county courts have been changed to reflect the introduction of the single County Court. This Order replaces the entire schedule of fees payable in civil proceedings in the Court of Appeal, High Court and County Court. A full impact assessment is also annexed to the Explanatory Memorandum. (1) 2003 c.39. Section 92 was amended by sections 15(1) and 59, paragraphs 308 and 345 of Schedule 4 Part 1 and paragraph 4 of Schedule 11 Part 2 to the Constitutional Reform Act 2005 (c.4) and sections 17(5) and 17(6), paragraph 40(a) of Schedule 9 Part 2 and paragraphs 83 and 95 of Schedule 10 Part 2 to the Crime and Courts Act 2013 (c. 22). (2) 1986 c. 45. (3) S.I. 2008/1053. Schedule 1 was substituted by S.I. 2013/1410 and amended by S.I. 2014/590. Previous Next Back to top All content is available under the Open Government Licence v2.0 except where otherwise stated
  13. Here are the current court fees which take effect from today 22nd April 2014. http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf http://www.consumeractiongroup.co.uk/forum/showthread.php?421493-Court-fees-increase-from-22nd-April-2014 http://www.legislation.gov.uk/ukdsi/2015/9780111127490
  14. http://www.csa-uk.com/assets/documents/compliance-and-guidance/code_of_practice.pdf
  15. The Taking Control of Goods Regulations 2013 was introduced on 6th April 2014 and to coincide with this regulation, the Ministry of Justice updated the previous National Standards. It must be stressed here that although the National Standards arenot legally binding, the government’s intention is that they are intended to be used by all enforcement agents, the enforcement companies that employ them, and the creditor (in most cases the local authority or HMCTS) who use their services. A link to the Taking Control of Goods: National Standards 2014 can be read here and listed below are selected parts that could assist anyone facing bailiff enforcement. Creditors responsibilities 8. Creditors should act proportionately when seeking to recover debt, taking into account debtors’ circumstances. 12. Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost. 20. Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to; • Falsely implying or stating that action can or will be taken when legally it cannot be taken by that agent. • Falsely implying or stating that a particular course of action will ensue before it is possible to know whether such action would be permissible • Falsely implying or stating that action has been taken when it has not 21. Enforcement agents must not act in a threatening manner when visiting the debtor by making gestures or taking actions which could reasonably be construed as suggesting harm or risk of harm to debtors, their families, appointed third parties or property. 23. Enforcement agents, for the purpose of taking control of goods shall, without the use of unlawful force, gain access to the goods. The enforcement agent must produce all relevant notices and documents, such as controlled goods agreements, that are required by regulations or statute. 24. Debtors must not be pressed to make unrealistic offers and should be asked to consider carefully any offer they voluntarily make and where possible refer to free debt advice. 25. Where a creditor has indicated they will accept a reasonable repayment offer, enforcement agents must refer such offers onto the creditor. 27. Enforcement agents must not act in a way likely to be publicly embarrassing to the debtor, either deliberately or negligently (that is to say through lack of care) Complaints/Discipline 45. The complaints procedure should be set out in plain English, have a main point of contact, set time limits for dealing with complaints and include an independent appeal process where appropriate. A register should be maintained to record all complaints and complainants should be notified of the outcome of disputes. Information and confidentiality 52. Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor or a third-party nominated by the debtor, for example an advice agency representative. Where the debtor is not seen, the relevant documents must be left at the address in a sealed envelope addressed to the debtor. 53. Enforcement agents should make debtors aware of the possible additional costs of enforcement which will be incurred if further action becomes necessary. If a written request is made, an itemised account should be provided. Times and Hours 55. Enforcement agents should be respectful of the religion and culture of others at all times. They should carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival. 56. Enforcement action should only be carried out between the hours of 6.00am and 9.00pm, or at any time during trading hours, unless otherwise authorised by a court Mode of entry 57. Enforcement agents should not seek to gain peaceable entry to premises under false pretences; for example asking to use the toilet, or to use the telephone. They should be clear as to why they are seeking entry to the premises. 59. Enforcement agents must only use a door or usual means of entry to enter premises. 60. A power to enter premises by force exists for the execution of High Court and County Court debts at business premises or at any premises where an enforcement agent is enforcing criminal penalties. This power should only be used to the extent that it is reasonably required and only after the debtor has been warned that the power exists and the consequences of a wilful refusal to co-operate. 61. A power to re-enter premises by force applies to both residential and business premises where a controlled goods agreement is in place and the goods remain on the premises but the debtor has failed to comply with the repayment terms of the controlled goods agreement. This power should only be used to the extent that it is reasonably required and only after the debtor has been given notice of the enforcement agent’s intention to re-enter. Goods 64. Enforcement agents should not remove anything clearly identifiable as an item belonging to, or for the exclusive use of a child (person under the age of 16) or items clearly identifiable as required for the care and treatment of the disabled, elderly and seriously ill. 66. Enforcement agents should take all reasonable steps to satisfy themselves that the value of the goods taken into control to cover the sum outstanding is proportional to the value of the debt and fees owed. 67. Enforcement agents should not take control or remove goods clearly belonging solely to a third-party not responsible for the debt. Where a claim is made, the third-party should be given clear instructions on the process required to recover
their goods. Multiple warrants 69. Where enforcement agents have multiple warrants for a single debtor, an enforcement agent must take control of goods, and sell or dispose of these goods, on the same occasion except where it is not practical to do so. Vulnerable debtors 72. Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 16 or is deemed to be vulnerable by the enforcement agent; they can ask when the debtor will be home – if appropriate. 73. Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12. 74. A debtor may be considered vulnerable if, for reasons of age, health or disability they are unable to safeguard their personal welfare or the personal welfare of other members of the household. 75. The enforcement agent must be sure that the debtor or the person to whom they are entering into a controlled goods agreement understands the agreement and the consequences if the agreement is not complied with. Bailiff enforcement National Standards 2014.pdf Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper
  16. Don't know how these were missed. http://www.fca.org.uk/news/tougher-rules-for-payday-lenders-take-effect
  17. [ATTACH=CONFIG]59556[/ATTACH] April 2014 This guide is for you if you’re relying on an endowment policy to repay your mortgage and you’ve received a shortfall letter.
  18. Hello, first post here and apologies if you've seen my post on other forums, but I am in need of help to claim my Permanent residence certificate as a EEA citizen in UK. Hello, the original formulation of article 6(2-3-4) of the The Immigration (European Economic Area) Regulations 2006 were as follows: The amendment introduced 3.12.2013 have modified the interpretation of retained worker status and jobseeker: and: For the purpose of counting periods of unemployment as exercising treaty rights matured before 2014 (and only for that period), will the new regulations apply or the old one? Looking forward to your valuable feedback.
  19. I received the following via a National Debtline twitter feed link http://www.stoptheknock.org/ Click on the map for your area and it will give you the stats for that particular Local Authority. Out of interest I clicked on Peterborough to see what information would be given. Very interesting. And Oxford
  20. An old debt has been chased and chased by numerous DC's after the original creditor. A year ago I received a claimform [did say SD-edit by dx] I submitted defence. Heard nothing since. Had a letter now saying they are going to consider applying for summary judgement? I would be so grateful for any help and advice this group can give me. update see post 13^^ wrong info. here
  21. Hi all, I was freelancing last year, opened up my ltd company very early January 2014, and the first accounts will be due in September, along with the tax money. However, for personal reasons I'd like to hold onto that money a month longer. Can the payment be legally delayed for any reasons? Thanks, JB
  22. Don't know if we are allowed to mention names here, but here goes anyway. Interested to know if a letting agent can legally switch energy suppliers on a house up for rent without notifying or seeking authorisation from the Landlord/owner? Discovered that Countrywide 'sold' the contract to E.on, (who incidentally have a whole department dedicated to that company). Countrywide get a fee (although E.on would not say how much this was) and E.on get a new customer (we know how apathetic most people are on changing their suppliers) on any tariff they choose to set. E.on said they took the contract on in good faith (ie. that is on the understanding that the Landlord had agreed). Clearly no checks and balances on E.on's part, but then scruples are always thin on the ground when money is one the table.
  23. The new bailiff regulations came into effect on 6th April and bailiff fees are strictly controlled and comprise of a Compliance Fee of £75 which is charged when the debt is passed by the creditor. If payment is not made or a payment agreement entered into during the ‘compliance stage’ a bailiff may attend the debtors premises and an Enforcement Fee of £235 is chargeable. Significantly, the new regulations provide that from any payment made (whether to the bailiff, the magistrate court or the local authority) the Compliance Fee of £75 is deducted first with the balance being split on a ‘pro rata’ basis between the debt to the creditor and bailiff fees. This novel approach means that unless the amount due (including bailiff fees) is paid in full, bailiff enforcement may continue and it is this point alone that has caused extreme difficulty to some ‘debt avoidance’ websites with associations to the Freeman on the Land (FmoTL) movement and 9 months after the regulations came into effect it is astonishing that debtors are continuing to be advised by such websites to avoid paying bailiff fees by paying the amount of the Liability Order or court fine only (minus bailiff fees). Despite the regulations clearly outlining how payments are to be calculated, in May/June an individual made numerous Freedom of Information requests to Local Authorities seeking clarification as to how they deal with direct payments made to them after accounts have been passed to bailiffs. Since that time many more FOI requests have been made on the same subject and the up to date position is that approx a quarter of all local authorities have received requests on the same subject. What has been the outcome of these Freedom of Information request? Typically, in the very early stages (May and June) most responses made clear that the local authorities had very little idea as to how the new regulations would work in practice but, since August/September the vast majority of responses confirm that they apportion the payment as outlined in the legislation and that they advise the bailiff company accordingly (or credit the bailiff company) with the payment. PS: It is likely that there are far more FOI requests than outlined here. I have only referred to those that are available to view publicly on the FOI website: What do They Know.
  24. Hi Rented home evictions hit record levels in 2014 according to this Guardian article - amongst other issue its worth noting the sections regarding 'social landlords' http://www.theguardian.com/money/2015/feb/12/evictions-rented-homes-record-levels-2014 My opinions as per usual W
  25. More than a quarter of all Npower domestic customers complained to the company last year, according to figures from the energy regulator Ofgem. The company received 1.48 million complaints in 2014, amounting to 28,000 for every 100,000 accounts - 28%. That was the highest proportion of any of the "big six" energy suppliers in the UK. An Npower spokesman said: "We have been working hard to improve our overall customer service." Even so, the complaint rate was up from 2013 when it stood at 25,100 per 100,000 customers. British Gas, the UK's largest energy supplier, received most customer complaints in total at 1.7 million. But that represented 11.5% of its customer base, a lower proportion than Npower. Npower has been the most complained-about energy company in the UK for several years. However, when it came to resolving complaints the company performed much better. It sorted out 29,000 complaints per 100,000 customers last year, more than the number it received as it dealt with some of the backlog from the previous year. That clear-up rate was the best among the big six suppliers. "A recent survey by the complaints resolution body Ombudsman Services stated that energy complaints only make up 11% of all grievances they receive," said Npower. Poor service Npower customers have suffered from poor service for several years. In 2011, the firm was fined £2m by Ofgem for mishandling customer complaints, while British Gas was fined £2.5m for the same problem. The next year Ofgem issued a general warning to all energy suppliers telling them that the information their customers needed to make a complaint should not be buried on their websites. In 2013, a new computer billing system started causing problems at Npower. At one point nearly 300,000 bills were being sent out late every month. By mid-2014 the regulator threatened to ban Npower from taking on new customers via its telephone sales force until it could prove it was sending out bills on time. The company avoided having its business curtailed when it finally improved its billing procedures. But it was still forced to concede that anyone who received a bill that was more than 12 months late would not have to pay it, if the fault lay with the company.
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