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  1. Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
  2. Hi All I let out some rooms last year and had a tenant move out with out any notice and the tenant requested the deposit returned, this went to the Tenancy dispute service who had registered the deposit and they found in my favour and advised the tenant that this was legally binding as they had agreed to arbitration. The tenant went and filed a county court claim which i responded to straight away and within the given time, send by recorded delivery and heard nothing more, around six months later (this week) i received a letter advising judgment for the claimant as " no acknowledgement of service had been filed" with an advice that costs will be determined in due course . The case has no merit and they haven't acknowledged receipt of my defence and AOS , so is N244 the only way? Any help will be most appreciated.
  3. Hi everyone My brother has received a letter today from the county court business centre that was headed Judgement for Claimant (in default) It says you have not replied to the claim form (never received anything from the claimantt E-On) It is therefore ordered that you must pay the claimant £727.27 for debt and interest to date of judgement and £60 for costs. My brother has never received any court papers or even letters threatening court. But now he’s had this in the post. I’ll upload a scan of it but I’m not sure how to respond to the court document. Any help would be greatly appreciated Thanks Andrew
  4. If a couple have a joint JSA claim and the one who doesn't sign on (i.e not the lead claimant) goes abroad for a few weeks does this trigger migration to UC, either on leaving or returning?
  5. My daughter has moved to Spain in March 2018. She has notified PIP of her new address, will this affect her entitlement at present as we are still in the EU until next March, as I understand it when the beginings of leaving the EU begins?
  6. Hi, the answer I need is on the jsa claimant commitment of " most hours I can work each week". The reason is I have a long term disability, 2 years ago on my claim I had this on 24 hours. I started work and claimed working tax credits on 24 hours. but my employer was pushing my hours in a very demanding job for my disability up to 50 plus hours per week. I complained to head office and got no where so resigned from the position. I made a claim for jsa today and the "work coach" said that as I had done 50 hours then 40 hours full time would be on my claim for "hours I can work". I wondered if there was a set amount of hours like working tax credits if you are disabled that is accepted by them to put on the form. thank you.
  7. hi all im new to all of this I have recieved a letter of judgement for claimant before this i recieved a letter that supposedly acknowledges a debt with studio but it doesnt have my signature on it and in less than a week i have had a judgement for claimant letter and i dont know what to do.
  8. Hello i have a pending action through small claims track (hearing) and have just found out that the defendant's partner sent a text to my witness asking if he had spoken to me recently! this was followed by a few phone calls asking same witness to "just pop up and sign something". All declined by witness. Should I inform the hearing about this?
  9. I have just received claim form for a CC debt of about £4,400 from 2009 and they have claimed interest for 6 months + upto the date of judgement, but no mention of going forward. I don't mind paying them original amount in instalments but I am worried that if I accept the claim as it is then they may ask the judge for 8% interest until the debt clears, which may mean the payments I make will just pay off interest. Someone has told me that if I defend the case by asking them to prove the debt then they are likely to concentrate on proving the debt and not ask for interest going forward. But if I accept debt at the first stage then they are most likely to ask the judge to add 8% interest. Is this correct assumption? But I know that if I defend then I will be slapped about a £1,000 in further legal costs. What could be the best course of action in this case? Is there an argument against paying interest of 8%, which I may be able to use? I will be grateful for your comments.
  10. Hi Could someone please help as I'm very new to this. I've just received a letter dated 3rd July from what looks like it's from County Court Business Centre. It says the claimant is JC International Acquisition LLC and the name for payment is Moriarty Law. It says I haven't replied to the claim form and am ordered to pay £1655.2 or £50 a month? It doesn't show what I owe it for but from looking at other posts, looks like it may be Talk Talk. Any help or how to respond will be much appreciated. Thanks in advance!
  11. Had to email the court to see where a claim against me was as hadnt received anything. Received an email from them today stating that due to me not filling out the questionnaire my defence was struck out, further down the email stated that the claim has also been struck out as the claimant did not file a directions questionnaire. I can pay money to have my defence considered, but its seems to be a standard email sent out as as the case has been struck out it is pretty irrelevant. My real questions are Can the claimant pay £XXX amount to reopen the case? If YES do I need to pay to have my questionnaire submitted or does it reset the clock? If they can do this will I be informed of this and my defence accepted? Full email below. Unfortunately we cannot process your Directions Questionnaire as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Directions Questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim. All forms can be downloaded from www.justice.gov.uk/forms. If the claim against you was for over £10,000 please attach an N181 Directions Questionnaire; for claims of £10,000 or under please attach an N180 Directions Questionnaire. You will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court. There is a £100 court fee to process the application without a hearing or a £255 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. If you are applying as an individual rather than on behalf of a company and you cannot afford to pay this fee you can check if you are eligible for help with fees by downloading the EX160A booklet. Please note that the claim has also been struck out as the claimant did not file a directions questionnaire. Please note, applications are not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor. If you require any further information please contact our helpdesk on the number below. Alternatively you can email us at [email protected]; Please ensure that you state the above case number in the subject heading of your email
  12. Hi Forum! Am hoping someone may be able to offer some advice. Following period of very difficult times late 90's/early 00's - I negotiated (and, over many years, completed) payment arrangements with most of my creditors to clear substantial accumulated debts over £40k - fortunately avoiding bankruptcy/IVA's etc. However, whilst moving house in 2007, I got issued with a CCJ - and slightly unsure who the creditor was!! Sounds stupid, I know - sorry! I have a sneaky feeling it was Yorkshire Bank - who had given up chasing me to clear £10k card debt. The CCj suggested that the 'particulars of the agreement and debt had previously been provided to me' - which they hadn't. In the turmoil of house move - I foolishly just accepted the debt and returned the court forms offering to pay £20 per month etc which was accepted and CCJ issued. Claimant : CL Finance Ltd. (not aware of them and had no previous dealings - but assumed they assigned the debt from someone!) Pay to: Howard Cohen & Co. No 'account numbers or references' I could recognise. The years have passed and I have religiously paid the £20 per month for the last 10 years. (Mug I hear you say!) I have never received any statement or progress report - amount outstanding etc etc. I have moved a couple of times in last 12 years - but always on Electoral Roll/Experian etc - so definitely traceable? However, I have recently become curious as to what the debt was - and why my DD changed few years ago to 'Lewis Group' but now shows me paying 'Robinson Way'? I am reluctant to write to Robinson Way and ask what this debt is - and to whom (!) - or was the CCJ obtained correctly - was there PPI on the account (blimey - that would be a result!) as they could re-assess my circumstances and try to increase payments substantially - or my greatest fear - get a charge order against my home - or screw my credit rating (which is now clear and very good) But equally - should I carry on paying £20 for the rest of my life (and beyond) and not know who the heck to - or what for! Thoughts/advice appreciated? Best, Phil
  13. 21st Jul 17, 7:14 PM Hello All POPLA refused my Appeal Hello All. I am newbie here. Trying to find a solution to my frustration. The gist of my appeal to POPLA was as follows -------------------------------------------------- *That I paid for the parking fee, which avoided loss to the parking company. *The Dashboard on the Rangerover is sloped/curved and the parking ticket could have slipped on to the steering, due to the air gush when the door was closed. *The parking ticket had no self adhesive to stick it to the dashboard. *I have shown the ticket to the parking attendant on my return to the car, while he was still there and he asked me to appeal. *My intentions were not to breach the terms and conditions of parking site, hence bought a ticket and should not be penalised with unreasonable amount. PEA( PARKING AND ENFORCEMENT AGENCY LIMITED) nor POPLA could consider my appeal, and reply was as below.... ------------------------------------------------------------------------------ ASSESMENT DECISION was on 30/03/2017 on their website Unsuccessful Assessor summary of operator case The operator’s case is that the appellant failed to display a pay and display ticket. Assessor summary of your case The appellant’s case is that they purchased a pay and display ticket but it slipped down the dashboard, as the ticket did not have any self-adhesive. Assessor supporting rational for decision The operator has provided photographic evidence of the signage located around the site in question. The signage states, “Not displaying valid permit/ticket clearly on the dashboard…Parking Charge Notice is £100”. The operator has provided photographs of the appellant’s vehicle parked at the site in question. The photographs provided show the appellant’s vehicle without clearly display a pay and display ticket. The operator has issued the Parking Charge Notice (PCN) as the appellant failed to display a pay and display ticket. I acknowledge the appellant purchased a pay and display ticket but it slipped down the dashboard as the ticket did not have any self-adhesive. However, from the operator’s photographic evidence of the appellant’s vehicle I cannot see a pay and display ticket displayed on the dashboard. In order for the warden to assess that the vehicle was authorised to park at the site, a pay and display ticket would need to be clearly visible in the vehicle. As it was not, the warden has issued the PCN, as they would have been unaware whether the vehicle is authorised to park at the site. POPLA’s remit is to assess whether or not the appellant has adhered to the terms and conditions of the site in question. Therefore as the appellant failed to display the ticket correctly, I am satisfied the appellant has not adhered to the terms and conditions of the site. Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. By remaining parked on site, the appellant accepted the terms and conditions. On this occasion, the appellant has failed to follow the terms and conditions of the signage at the site and as such, I conclude that the operator issued the Parking Charge Notice correctly. ------------------------------------------------------------------------------------------------- On not replying to their letters, regret PEA have given it to a debt collection as expected received debt collection letters from CSB SOLICITORS LIMITED followed by county court claim form dt 14/07/2017, for £265/- ( Claim £165/-, Court Fee: £25/-, Legal Reps cost : £50/- Total £240.31 further interest to accumulate on daily basis. I would like to defend and change the court to my local area. Any suggestions as to how to pinpoint the defence, so that the judge would see my side of the argument that there was no loss to the company and the penalty is disproportionate and unfair. Further as the said parking site is cordoned off currently for flats development, i cannot prove the terms and conditions on the signage as it existed, if at all . There are no signs boards currently. Any help is greatly appreciated in advance. Please could anyone be kind to advise as time is ticking . Appreciate your help in advance. Thanks
  14. Hi, Received two letters today: One from Mortimer Clarke Solicitors (dated 28/01/2016) Re: Cabot indicating that they have received no response to the claim form issued.( I was going to ignore it until I looked at the second letter...) Letter Two: Judgment for Claimant (in default), from the County Court, dated 28/02/2016 Claimant: Cabot Financial (UK) Ltd. I checked my credit file using Noddle: It shows one active credit card which is OK and currently active. Then .. Starting from Oct 2015 to Dec 2015 there is an entry for Cabot with a Default for each month. There is nothing else there, no balance history . The account details state that it is a credit card , defaulted 25/04/2010 - Balance: £680. Account start date 11/04/2008. On public information there is a CCJ from 28/02/2016. I had two credit cards back then , one I know was paid off, the other obviously was not. I think it may have been a Capital One credit card. I have never received a Claim form and have not had any dealings with Cabot. I have not had a Notice of Assignment . Should I contact to Court to apply for the Judgment to be set aside because I did not receive the Claim Form and have no proof that I owe Cabot anything? Can I get a copy of the Claim Form? (i feel disadvantaged because they seem to have all the information whereas I have none) Should then CCA Cabot and CPR 31:14 Mortimer Clarke? Any help or guidance greatly appreciated .... Thanks.
  15. Hello Everyone I hope that someone could help with the following legal situation: Someone took me to the County Court to have enforcement of an Employment Tribunal granted as the original ET decision was 11 years old. YES 11 Years Old! At the first hearing the DJ struck out the judgment and listed a date for the matter to be heard again (the claimant did not attend). At the second hearing, I was stuck in traffic and did not get to the court in time and judgment was awarded to the claimant in default. At the third hearing where we both attended, the DJ heard submissions from both parties and struck out the claimant's request to enforce the judgement as it was substantially out of time. The claimant has appealed that decision, again not within 21 days, but 55 days, and was refused on paper as being "totally without merit" and with no excuse for being ouside the 21 day time limit. The claimant is entitled to have that decision reviewed at a hearing, I am just wondering the following: a) Do I even need to attend? b) What will be the courts view on his constant flouting of the time limits? c) Is 55 days anyway acceptable if he has no reason? d) Do I need to present counter arguments to his alleged evidence? even if they do not touch on his delay outside the time limits. e) Do I need to make a skeleton argument? f) At the last hearing, I was asked by the DJ if I wanted to make an application for costs, I said that as long as the matter was at an end, then no. My question is what costs can I apply for, can I apply for the previous hearing if I declined to seek costs then? Thanks everyone for any advice
  16. Had a blue form sent a month or so ago which was issued by the court, filled it out offering repayments today had a letter saying I didnt send it back and I now have to pay in full the 3000 pound... which of course I can't. No I didnt send it recorded which was stupid but I did send it what can I do please? I didnt send the form back to the court I sent it to the claimant was this wrong ? I sent the blue forms to Shulmans Ltd
  17. Hello I received a Judgment for claimant (in default) from Gladstones and I am unsure what to do. I was advised by a member of the forum to seek help here. An outline of the issue: Around the 10th of October 2015 I received a letter entitled postal notification parking charge from parking management control uk. The charge was for 100.00 but would be reduced to 60.0 if paid within 14 days. I ignored it and not happened after. Now I have received the Judgement of Claim from County court business centre in Northampton, saying that I have defaulted and I owe them 258.21. What do you advice I do now? Since October 2015 I did not get any letters of paper work from Gladstones or PCN, so how can the court send me this judgement. Thank you.
  18. Today I received a Claim Form for an old Bank Of Scotland Credit Card debt that had been passed on to IDEM Securities Limited. I had been sending regular monthly payments to Idem via Standing Order, last payment sent was January 2016. I had sent a signed for CCA Request on 28 December 2015 to IDEM SERVICING. The reply to my CCA request was: IDEM acknowledged they were unable to supply a copy and acknowledged until they could do so the agreement cannot be enforced. in March 2016 they wrote again saying they have now received a copy from LLOYDS BANKING GROUP and enclosed a copy. No signatures whatsoever are shown and just a print off of Repayment and Interest Charging, all looks like a generic print off. I never made any communication whatsoever with IDEM from this point. They tried phoning me daily and leaving messages on my answer machine which i never responded to. They then wrote to me in April 2016 saying they were unable to speak with me. Then they wrote in May 2016 saying they are keen to speak with me. Then on 14th July they wrote saying account transferred to Litigation. Today I received the County Court Claim Form with Issue Date 27 July 2016. I have logged into MCOL and done acknowledgement of service, and defend all. I have also a CPR 31.14 request to send signed for to Claimant in the morning. I also at this moment have a Claim Form going on with PRA-Halifax(LLoyds) which i have a thread on the forum, i have filed defence on that, and awaiting the 28 days to see if gets stayed, so i already was aware with MCOL and defend all being way to go. I thought it would still be worth while posting a new thread with this particular claim that has arrived today, just incase any different cause of action is best, both cases are very similar intruth as both have not provided a true copy of CCA. Any help/advice as always truly appreciated! Thank you
  19. Hi CG In Civil procedure rules if the Defendant is an individual, the case is automatically transferred to his home court. what if the defendant is a limited company? Can a claimant (another limited company) select a court at his home court? pls can some one advise me on this thank you all the best BF
  20. Hello!! I wonder if anyone can help, please? Whose responsibility is it to serve a claim form and response pack on a defendant… the claimant or the court? All information seems to state that the court is responsible; Two copies of the form, and supporting evidence should be sent to the court, together with the fee (cheque payable to HMCTS) unless the application has been made online. The court will then ‘issue’ the claim (sealed or stamped with a red, circular seal) and a ‘notice of issue’ will be sent back to the claimant confirming that their claim has begun. The court will then take responsibility for sending the information to the defendant – or person against whom the claim is being brought. My claim was issued by the court 4 weeks ago but he defendant did not acknowledge/respond so I requested judgement by default. However, the court has written requesting a Certificate of Service… I am confused… does this mean I was supposed to serve the claim form, etc., rather than the court? Many thanks for any info... TB
  21. I am mightily confused. I have been signing on for 12 months, at the start of my claim I signed a claimant commitment stating I will do X number of steps each week to find work, IE look in papers, ask family and friends, use UJM etc. I completed my job search online and always filled in my activity history on UJM, ensuring I recorded X number of steps as required in my claimant commitment. Part way through the year I was told not to use UJM instead I was given a paper template to fill that stated I must do 35 hours job search per week, this had a section to fill stating the time each task took. Some time later I was issued with a pie chart diagram which showed different activities I could include in my 35 hour job search. Now I have been given another paper template form which states I have to apply for and record 10 vacancies jobs per week. What the heck as happened to my claimant commitment, no where in that did I agree to a 35 hour week job search nor did it state when I signed it that it was a requirement. Secondly, I would never agree to applying for X amount of vacancies per week , what if the only suitable vacancies are ones I have already applied for. And now they have just reissued me a new claimant commitment to sign which is basically same as my old one except they have added “ engage with the work program” Can they enforce this 10 job application rule and what is in place to prevent me from just jotting down bogus applications. Obviously I am fulfilling my claimant commitment still but as there is no actual way to record that activity any more am I even obligated to carry it out. From what I can gather the 35 hour per week is only a suggestion and not enforceable as long as client shows they have took reasonable steps they cannot be sanctioned but I cannot find any info at all regarding the 10 vacancies per week.
  22. Posting on behalf of my OAP Mother (terrible how they target vulnerable people!) After a long and complex saga my Mother has received a Judgement for Claimant (in Default) She has been charged £259.34 for parking in her OWN allocated parking space. Permits were delivered to other residents prior to this fine being issued, but not to her; she has evidence of requesting permits from both the Parking Management Company and Facilities Management Company - unfortunately these requests were ignored and she was subsequently issued with a fine. The parking is no longer enforced and all signs for parking management have been removed. Unfortunately, after receiving numerous letters from various debt collection agencies she received a few letters from Gladstones Solicitors. As with previous demands, she ignored them. She received a Court Claim letter, and went online to fill out her claim and defence. Sadly, she's not terribly computer savvy and didn't realise she had not attached her fully prepared defence to the appropriate part of the form. I wasn't around to help her at the time. Consequently, 28 days elapsed and she has now been issued with a Judgement for Claimant (in Default) She's terrified that bailiffs are going to enter the property now - please help. Is there anything we can do now other than pay this very unjust fine? Thank you!
  23. Back in September, I parked in a private car park, and paid for four hours parking, between 11:30 and 15:30. Following the instructions on the ticket, I firmly attached the ticket to the windscreen. When I returned to the car at about 14:30 (early as I was not feeling well), the ticket has peeled off the windscreen, and there was a PCN attached to the passenger window. I appealed the PCN on the grounds that I had actually paid, so there had been no loss of income, in a half empty car park. It was an extremely hot day, and the ticket had obviously remained in place for some time, as the PCN was not issued until 13.44 in a regularly inspected city car park. Other people had the same issue, but unfortunately I did not think to take their details. This appeal was rejected, I then appealed to IPC, who also rejected my claim on the grounds that T&C's are clearly display - which I do not dispute - I had no intention of breaching them! I have ignored the threatening letters from BW Legal, and had hoped it would get dropped - but the claim form via CC Business Centre says otherwise! I will send off the Acknowledgement of Service within the specified 14 days, but am beginning to doubt myself... is it worth fighting? Any and all advice appreciated! Thanks! DETAILS FROM CLAIM FORM Name of the Claimant: Vehicle Control Services Ltd Date of issue: 26/05/16 '1.The Claimants claim is for the sum of £100 being monies due from the Defendant in respect of a PCN issued on 27/09/15 at 13.44.53 at the Percy Car Park Hanro Group Hanro Group. The PCN relates to (car & reg). 2.The terms of the PCN allowed the Defendant 28 days from the issue date to pay the PCN, but the Defendant failed to do so.. Despite the demand being made, the Defendant has failed to settle their outstanding liability. 3.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 27/09/15 to 25/05/2016 being an amount of £4.84. The Claimant also claims £54.00 contractual costs pursuant to PCN T&Cs' Amount Claimed- £158.84 Court Fee- £25.00 Legal Representatives Costs- 50.00 TOTAL AMOUNT- 233.84
  24. Hello, I have just checked my partner's credit report as we are applying for a new tenancy (our rented house has been sold, we have 6 weeks to get out). I was shocked to find 2 CCJ's that neither of us had a clue about. They were both registered at previous addresses long after we'd moved on, so no claims/summons were ever received. The credit report does not show who the claimants were, or what they were claiming for, and neither does the online register of judgements. How do we find out what the hell these are for? Thanks in advance.
  25. Hi, I have received a claim from the small claims court. The claim relates to an Estate I was the administrator for. The claimant is not a beneficiary of the Estate but an agent for some of the beneficiaries. However, the name of a beneficiary is not stated on the claim form as I suspect the Agent has not been retained by any beneficiary to make this claim. Should I just reject this claim as it is not made by a beneficiary. The value of the claim is about £150 and I would be reasonably confident of winning the case but absolutely not 100% as it relates to expenses incurred in administering the Estate. It would be down to the court in their interpretation. Your comments would be much appreciated.
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