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  1. Under section 68.1 of Schedule 12 of the Tribunal Courts & Enforcement Act 2007 it is a very serious offence to obstruct a bailiff. Last week yet another debtor was found guilty of this offence but even more seriously, he was also found guilty of assaulting the bailiff (the bailiff required stitches to his nose). The debt was in relation to an unpaid penalty charge notice. Bailiffs attended the debtors property to request £422. It would seem that previous visits had also been made and on one of the visits, he had sworn at the bailiff before driving off. It was on the 4th visit that the incident occurred. During the one day trial the debtors solicitor claimed that his client had suffered a stroke before the incident and this had led to him being unable to raise his left arm. Unfortunately for the debtor, the medical papers handed to the magistrates did not bear out the stroke claims stating only that Mr Gara had complained of 'weakness' in his arm. After deliberating for 45 minutes, magistrates convicted Mr Gara of assault by beating on March 3rd and also of obstructing a lawful enforcement agent on the same occasion. The presiding magistrate has requested pre sentence reports to be prepared before sentencing at the next hearing on 17th September. http://www.newburytoday.co.uk/news/news/15681/Bailiff-attacked-by-Thatcham-taxi-driver.html
  2. Hi Please could someone can help me with the following, I have kept it s short as I can. A BAYV company took me to court for the return of goods, the civil case was heard last month and I defended myself, the judge adjourned the case as part of my defence was that the company's credit agreement was unenforceable, the judge set a 2 week time limit for me to write a statement explaining reasons why and a new hearing date was arranged for today, I turned up early but the claimant phoned 10 minutes before the hearing to say they would not be attending as there had been an accident and they were stuck in traffic, I went into court and asked the judge if he could strike it out as I did not think that 10 minutes was sufficient notice and I felt that the claimant should have said that they were going to be late and asked the courts advice, the case was the first one scheduled to be heard today, I said that I thought it unfair that I should have to attend court again as they were made aware in the first hearing that I suffer from anxiety and a chronic bowel disorder, the judge still decided to adjourn the case. I was very upset as I thought that the nightmare would be over today whether it went in my favour or not I just wanted it over with. When I got home I checked for road accidents and /or delays along the route that the claimant would take and the surrounding areas and there has been none, I feel so frustrated and upset that this company appear to be using delay tactics as they are aware of the personal difficulties I have or maybe they just wanted more time , I don't know Is there anything I can do?
  3. A little backgrround: My husband has Borderline Personality Disorder, Fibromyalgia, Asthma, query CAM type impingement of hip bones. he was placed into WRAG group upon renewal last May, we appealed which was turned down. Went to tribunal in February, adjourned without any questions being asked for GP records. Then the 2nd tribunal was held yesterday. the GP notes contained letters from the psychiatrist which contained many contradictions and some outright lies. EG he had seen my husband shopping in a superstore 70 miles from home walking normally and talking animatedly. My husband has never been to this shop. he claimed my husband had no need to use the walking stick (he has used it for 20 years, and quite often has to use a mobility scooter), claims he has lied about his symptoms to continue his 'dependence on the welfare state'. He originally diagnosed my husband as having Bipolar, then without us being told he changed this to depression, then severe anxiety, then claimed he was making the whole thing up and after a 2nd opinion has now settled on Borderline Personality Disorder with dysthymia and sociopathic traits. The tribunal judge warned us yesterday to get legal advice as the psychiatrists letters suggest my husband should actually not be on ESA at all. Our MH advocate is trying her hardest to get us some help but I just wondered if anyone had any experience like this or could suggest what if any action we could take. we live rurally and this psychiatrist is the only one who covers our area. Thanks
  4. It is being said in the DWP response that medical evidence is insufficient, and apparently there are numerous inconsistances, with my ESA50 and the appeal papers written on my behalf by a family member …Not so. .my ailments have only been echoed .and if anything explained. more explicitly. The Welfare benefits team have written a submission for the hearing (my atos medical was 12 & 1/2 months ago) If the hearing is not found in my favour what if anything can I do as a next step? I have currently been out of work and claiming long term sick for 10 yrs, my heath has in fact deteriorated and not improved, I now also suffer with very bad migraines, the symptoms of which mimic a stroke. .these it seems carry no weight re: my claim. Fast forward to today my appeal hearing: my case has been adjourned, initially due to my paper work from welfare benefits team (community legal action) not reaching the judge until 5 minutes before my hearing started. I was asked if I wanted to proceed without the welfare evidence being read and was given 5 minutes to reach that decision .I did not know the best course of action and found it impossible to make up my mind. the judge decided on adjournment and they have now decided to request almost 3yrs of medical records, from what has been said I am under the impression that they do not think that my doctors description of my ailments matches the medications I am being treated with …..if this is the case where do I stand? If they were to find I am being inadequately treated medically will this go against me? surely I can not be penalised for this? can anyone shed any light on this for me. thanks marie123
  5. Please, could anybody help with some advice. If an agreement was defaulted s87 1, then Terminated, then proceeded to court, and at court an order was made to adjourn with a liberty to restore, would................... 1) the agreement be restored. 2) The Termination revoked 3) The Default removed The way I see it, if the agreement was not put back prior to the creditors actions, then surely the account would still be terminated, am I right or wrong. Thanks. Happy New Year !!
  6. I failed to notify a change of circumstances in 2011. I had an IUC last December, and admitted what I had done. I was meant to be in court this Wednesday, but this morning received a letter saying it has been adjourned til the middle of September. Does anyone have any idea why it has been adjourned? I'm so stressed out with it, and have been for weeks now, I want to get it.over and done.with. I have a condition that causes too much pressure around my brain, and with the stress from this I have been really poorly, I don't know how I am going to cope for another month!
  7. Dear all, thank you for the very helpful information I have been getting on here. I was served with an SD by the lowlifes (lowell) end of January 2013. I quickly requested for a CCA under CCA 1974. I applied for a set-side and a hearing was scheduled for today, I attended the hearing their representative came with nothing and asked for an adjournment to which the DJ agreed. I used the template on here to challenge the SD in my witness statement. Till today they have not sent a single piece of document that I asked for in the CCA request. In his application for adjournment the DJ asked him to be clear why he wanted an adjournment, he did not have a clue why he was asking for it. Nevertheless the DJ granted it but she made a Court order ordering them to produce all the information I asked for in the CCA and evidence that they served the Notice of Assignment onto me. Now, I am new to these sort of things, do I have to do another Witness Statement? or wait for directions from the court?
  8. The possession hearing was for 27/11/12 - the arrears were cleared by 30/10/12 - I have received an 'adjournment' letter today, and then spoke to the solicitors about it, they said it would remain open for 12months, is this correct? When I last spoke to NRAM they told me the case would be dismissed, and is that what the judge would do? I am very concerned about these tactics and are they legal? any advice would be greatly appreciated.
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