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Found 14 results

  1. The following is taken from the Law Gazette website: https://www.lawgazette.co.uk/news/supreme-court-ruling-on-litigants-in-person-could-redraw-cpr/5063855.article
  2. Could someone please help me. I have drafted a very long defence, but would like to consider part 20 against Santander. please help defence due in 21/07/2015 4pm The is pertaining to an authorised overdraft disputed in 07/07/2008. Now Hoist have issued me with a claim
  3. as above, CCA'd egg on 16/07/08. They responded with an unsigned agreement and nothing else, no terms, no other info. Wrote back to them to tell them account in dispute as they have failed to provide etc. put in the dispute letter the usual about "you may not pass this account on" etc but they've completely ignored it and sent a letter back saying the account is now closed and will be passed to a DCA for collection what do I do now?
  4. Hello, Back in October 2015 I was visiting a friend who lives in an apartment complex in Cardiff bay area. Usually concierge there will let you in and inform you of where to park however when I turned up no one there to instruct so friend buzzed me through the barrier. All the visitor parking spaces were full and no where around building to park as double yellows on main roads. There was however an un marked part of the road within the complex which had no obvious signs, no obstruction and no yellow lines, so my friend told me it would be fine to park here until a visitor space became available (all residents have permit spaces that come with the flat for free). When I came back to the car it was stamped with a parking charge notice on the windscreen. They have charged me 60 pounds rising to 100 if not paid within the certain time period. I wrote a letter disputing the charge explaining that there was no concierge present, no visitor parking and no obstruction caused by my car and that the cost does not reflect any loss of business or money spent on their terms. I have today received a reply from them telling me they have rejected by appeal (no surprises there). I would ignore this - considering all the advice given in previous threads but in their letter they wrote this paragraph which unnerves me a little: "In the supreme court on November 4th 2015 it was agreed that BPA are legal, reasonable and fully enforceable. They do not fall under genuine pre estimate of loss as they are designed to deter unauthorised parking. Therefore this charge is not only valid but also fully enforceable in the highest court in the UK. More information can be found at supremecourt.uk" The letter then gives me two options of either settling the charge at the reduced rate or appealing to POPLA but then paying 100 if that gets rejected. I know this may all be scare mongering but when I looked up a case on supremecourt for 4th Nov 15 I did see that an appeal did get rejected. Sorry for the long post- just handy to give all details. Any advice??
  5. Hi, I wonder if I could have some advice on the following. I checked my credit report for the first time in a while today, and notice that Lowell has added a default, dated 04/01/2011, for a small debt which is 'mail order'. Looking at the account start date of 2001, this is clearly a Littlewoods account which I stopped paying back in about 2006/7 when I got into significant financial difficulty and it ceased to be a priority debt. I've not paid or acknowledged the debt in this time, and it's almost certainly a) mostly made up of charges and b) statute barred or almost statute barred. I have received letters about this debt but have ignored then due to assuming they were phishing on a statute barred debt. Any advice on how I go about finding out why/how the default is there and how I get it removed, please?
  6. ncGood afternoon, The other day I recieived a DRP letter in the post my first correspondence regarding a Parking Eye ticket in November last year. The letter I have is for a alleged contravention in the Leisure West Complex in Feltham. A leisure complex which consists of various businesses, restaurants and cinema etc. I am being invoiced the ammount of £120 from DRP. However I checked on the Parking Eye website about this ticket and the price on there website is £120.95 which contradicts the DRP price. I cannot get no information of the Parking Eye website about this ticket and there are no images or times online of this contravention. The date of the ticket was November last year and I recieved the DRP letter dated the 22nd July this year. Also the Car Park involved is a free car park with a time limit on it Are there any grounds for my appeal? Thanks in advance.
  7. Hi, I’m new to your forum, and I’m need of desperate help. My friend Is coming up to my two year deadline regards Atos/ Maximus (I understand it’s not Atos anymore?) so I am completely out of the loop. ----------------------------------------------------------------------------------------------------------------- He suffers from many of the below from aged 25 years old *Severe drug use amphetamines cocaine, alcohol for 20+ (Drug use stopped 18 months ago) medication for alcohol and drugs given *Severe Depression been on-going for 20+ years, antidepressants, medication- (but increased due to father dying suddenly 3 months ago and his elderly mother mom having a stroke recently. – His drinking has gone through the roof 60+ units a weeks at least. *seen Councillors for drugs and drink for almost two years, up until a few years ago .*Severe Social anxiety/ and before that extreme agoraphobia- major most severe problem that he was written off work for- 20+ years *Bdp – (made worse by face damage) body dysmorhpic disorder – on-going Also BDP worsened by mugging in 2007 -Resulting in an operation- (MAJOR OP.) (8 years ago) Maxiofacial reconstruction- facial reconstructive surgery- This was two 4 hour operations that were botched within weeks of another and then another massive operation - Zygomatic osteotomy 3 months later - 15 hour op, 8 surgeons. (Traumatic MENTAL recovery took 18 months) Has on-going hernia problem, operation was pencilled in and missed twice over three years due to on-going mental health issues Left Knee operation probably required (ligament rupture and miniscule tear in cartilage of left know) and possible lesser in right knee- missed appointment through on-going mental health issues- anti- inflammatory, pain killers given Weakened Achilles tendons, possibly causing altered gait, causing knee issues- cannot run and limps. Gastro- stomach problem (collapsed a few years ago- symptoms never followed up as discharged himself from hospital due to anxiety- consultant arranged op for hernia- never went BACK FOR SCAN These things are all facts but the psychological issues were accepted and written down by THE gp (AND ATOS) but were never followed up by a psychiatrist -----------------------------------------------------------------------------------------------------------------. He was written off to such an extent that (Atos twice over a 4 year period attempted to get him into an interview and he DIDN’T EVEN NEED TO ATTEND THE INTERVIEW AFTER THE DR WROTE TO ATOS *BOTH TIMES) The last appointment request was two years ago (august) and the letter provided by that same GP at the time meant Atos left him alone. But time could be running out! The dilemma really is this: 1 his original doctor left to go back to the USA. He was progressive and understood the situation! 2 He has since failed to find/ trust any replacement DR at that clinic, he virtually never attended the clinic unless it was, hernia, or knee related or injury related; maybe 5 times in the last two years, Worse he gave up thinking about a future Atos appointment until recently, and because of the way he hasn’t attended interviews, EVER, we don’t know what his current (ATOS) situation is! I.e. SUPPORT GROUP ETC 3 we are guessing that Atos will send him an appointment soon? (But feel we have left it extremely late, if the timing is correct) As mentioned previously, the last call up was two years ago, which he didn't need to attend, due to the intensity of his Dr's letter (august two years ago) It would seem that Atos are no longer company that runs this situation. And we are unaware of new guidelines in terms of new appointments. ------------------------------------------------------------------------------------------------------------------------------------------ My uninformed approach is to: 1 Get him to see a new GP consistently over next three weeks (providing that is the time Atos /Maximus) send him an appointment and build up a rapport with that GP? 2 then ask for a letter of update? 3 I have spoken to the clinic and the manager and they are willing to get a printout of all medical records and all previous correspondence with his old good GP to send to Atos /Maximus but this will be two years old. Would that still help? 4 if we do manage to see a new GP (patient friendly!) And build up a good rapport and then get a more or less updated full report? 4a would it be best to DEFINITELY get the (possible impending) appointment in august delayed somehow, and if so how would we go about this? 5 I suppose most important question is the two year gap a problem? 5a would ringing Atos to find out his current situation be positive or would that just remind them and hasten the process 6 does the two year medical rule still applies in terms of being served an interview notice? My MAIN questions are- 1 what is the criteria required to pass the ‘Atos’ medical or indeed in my client’s case not need to attend. Are they the same as before? Is there still a two year reapplication rule for a medical? What’s forms need to be read or groups can one be placed in nowadays? 2 will it be now difficult to ‘prove’ my clients illness, due to the fact he didn’t really see any new DR’s in the last two years, in a capacity to dealing with the psychological issues or at least attending consistently - i.e. he has been ‘off the radar?’ 3 the length of time between a GP letter for Atos, almost two years ago) and now? - a patient can’t just turn up to a NEW GP and demand a letter to write him off work for two years. 4 any important info needed for the current system/ company Maximus? Is there any more information that I need to know to pass on to the current GP he is about to see? 5 any links to information and help/ professional forum or otherwise as I’m running out of time to help this person! Has it been left too late? 6 is it essential to bring proof ALL proof of, physical injuries that have affected him, i.e. hernia, knee, face x-rays, letters appointments, etc. and that some of these injuries that would have also affected his mental well-being. For instance the massive op on his face? Maybe getting a personal letter from his surgeon even if the op was years ago? You have to remember my client is ill and he’s going to have to approach a new GP, and ask for a letter? I have been advised by the manager of the clinic (who is not a GP) to see the DR first and explain all issues so they can get to know the patient. INSTEAD of just asking for a Dr’s letter, as this may seem manipulative to the GP? I am loath to offer any advice that could possibly hinder my client’s success at an appointment or (preferably an abstention from a medial interview in the first place!) Finally I am not personally an advocate- Are there any private advocates or free ones that you can get that thoroughly know the maximus/benefit medical interview system? So they can go with my client? And can you point me to a guideline for passing said interviews. As stated before through my client has had letters that have meant he has never needed to attend the previous two interviews! Would this still be the case? PLEASE HELP AS IT’S URGENT ON BEHALF OF A GOOD PERSON IN A BAD SITUATION.
  8. Hi! I would be grateful for some help where I have received a £60 parking fine from New Generation Parking Management and could do with some advice before I lodge an appeal. I am the owner of a flat in a complex of flats. I have an undercroft parking space which is accessed via a shutter roller door. Unfortunately the shutter door has been broken for a couple of weeks and when I got home the other week someone had parked in my space, which I pay for. I tried to put my car in a visitor space but they were all taken at the time. I therefore parked my car in an area where other cars were parked and often are always parked which does not restrict anyone's access. I displayed a large handwritten sign in my windscreen explaining why I had had to park there, provided my flat number and my mobile number in case there were any issues. A visitor space became available within approximately 90 minutes of parking there and so I moved the car. A week or so later I have a £60 parking fine in the post. Do you think I have good grounds for mitigating circumstances to appeal this 'fine'. How would people recommend I proceed? It leaves a very bitter taste in my mouth that I am being penalised for someone parking in my space which I pay a yearly fee to have. Whilst I do not consider I should have to pay any fine, £60 seems very excessive. Thanks in advance for your help - it is greatly appreciated.
  9. Hi All, I'll try and be brief, but relevant... Some 9 years ago I had a Barclay Loan with PPI. They missold it, I queried it at the time, after 5 months they cancelled the loan and issued a new one (but kept my money). I've since had a claim on this loan upheld and received a payment (not a lot because it was only 5 months of PPI). However, as a result of the first loan they made me take a new loan to pay it off - at a higher interest rate (2/3% more) because my "circumstances had changed" (they hadn't). I've tried to claim for this as a force majeure - if they hadn't missold PPI in the first place then I wouldn't have had to take the new loan with them and pay more interest. They won't uphold the second claim because I didn't have PPI on that loan - my understanding is they should reimburse anything I was out of pocket by, and that means the "extra" interest on the 2nd loan. Am I correct and should I take it to the ombudsman? Thanks DD
  10. Hi! I have been renting a flat on my sole name for a 2,6y. But we were there living with my wife. Now when things with wife become not so good we are now through our separation procces. Tenancy run out last week and wifey refuses vacate the property with our 3.6y old daughter. As she never been on a tenancy agreement LL agency says that they can't do nothing about it. And as I were a sole tenant, despite me moving out of the property and giving all the keys (exept wifes) to the property back to Estate Agent. They saying that I am breeching the tenancy agreement, because I didn't give them vaccant possesion at the end of the tenancy. And if I will not get them out of the property they will apply to the court to get repossesion order, and they will file a case to me, not the wife. And they are saying that I am still liable for the rent etc. I can trick them to get them out of the property (wife and daughter) and give that vaccant possesion. But obviously I will make them homeless, and the court that I am in with my wife right now will not be to keen on the fact that Father just thrown coldbloodily his wife and a kid to the streets. I am right now stuck between rock and a hard place. Can anyone give any advice? Wifey just changed the locks on the property, despite not having the right to do that. To be honest I don't really want to pay rent on the property I am not living in or even can't get into... It was shorthold tenancy agreement, renewed every 6 months. Nottice to vacate the property was in december. Wife was complitedly aware of it.
  11. Hello everyone, First of all, thanks for the great forum, plenty of informations here. I'm writing to -hopefully- receive some suggestions regarding a relatively shady rental situation. In brief: We're living in three in a property here in London. The Landlord lives far away, one of us is the contract holder (leaseholder), the others are renting two rooms directly from the contract holder. We share communal spaces and have private rooms. I've been living here since December, the other lodger since August, there has been an unsurprisingly huge turnover during last year. We have no written contract, despite having requested, but all payments have been done via bank transfer, so evidence can be shown. This letter presents some issues we're experiencing with the leaseholder. Living here has been a nightmare, but hopefully this is coming to an end. Two people living in the smaller rooms have been harassed ever since, and have been covering with the rent roughly 90% of the total rent. Recently it came to our attention that the leaseholder has been claiming housing and council tax benefits as sole occupant, hence a letter from the council was received by the landlord and forwarded to us. The leaseholder is meant to leave the house in 1 month, upon ending the contract, and I will be taking over the contract then, becoming responsible for the whole rent/bills/taxes. It has also been proven that heating bills has not been paid so far, despite the leaseholder pretended to and started collecting shares. Since that was discovered I refused to pay my share anymore because I wanted to be sure that those money goes into the right hands. Now the problem is: the leaseholder is reluctant on paying the bills, and refuses to leave us a sum for the last two months of her life here, for the upcoming bills. She insists on us paying a share on the council tax - which I would agree to pay but I do not want to be held responsible for her cheating on the council. I foresee problems in having my deposit back: as "lodgers" we left deposit directly to the leaseholder for the whole sum originally requested by the landlord. If we were to get this money back, it would be fair to presume (I've been assured of this) that unpaid bills will be deducted from the original sum left by the leaseholder to the landlord. Unfortunately, I cant see this happening and I want to know if there is some way to enforce this. Hope this details are enought, any advice would be highly appreciated. My question is about finding the best way out from this. If there is else you need to know, I am here to provide more details. And..thank you. Sorry for my English, it is not my native language. Cheers,
  12. Hi, This is my first post at CAG, so hello everyone hope that you are well. Not sure if this sub-forum is the right place to post as there see to be other references in the various banks pages. My debt position feels overwhelming, the basic problem being these days is I am self-employed and my income is erratic to say the least. Without going into detail too much, the position is that I have 5 separate creditors - 3 of them being different arms of Lloyds TSB the other 2 are MBNA and Santander. These are mostly credit agreements that have been serviced for between 4 and 30 years basically continually or loans that have gone from one to the other. The Santander debt is an old Cahoot flexible loan that I did not even realise that had been transferred to them until a few years ago. I could make the payments until basically this year. Now my income is so erratic, that recently I could not keep up on a DMP and now MBNA have sold the credit-card debt to some Irish company. I really would like to go bankrupt, but I work in the financial IT sector and I think that this would probably prevent me from working and also my SC for government work. We are tenants so it woulfd be entirely possible the landlord would terminate the SATA and we could end up homeless. An IVA is not possible because my income is so erratic. My total debt is about 40K, I have no real assets except a car which is 8 years old and a knacker and about a fee hundred in the bank to cover future rent and essential bills and I am currently not working. Very depressed and anxious about my family as I am the only earner. Any suggestions/advice would be welcomed
  13. Hi Forum, I have an unusual and complicated situation that I would greatly appreciate some helpful advice on. On 31st March 2008 I entered into a HP agreement with BH, total price £11,179.83 and paid a deposit of £500. The total credit charge was £2,858.65 and agreed to be repaid by 48 instalments of £282.26 I was able to meet the payments up until and including November 2009, but after this date I was unable to due to my company going into liquidation. I held onto the car without making any payments until October 2010 in the hope things would improve and I could get back on my feet. When I decided I was not going to be able to achieve this I agreed to entertain a VS. At this point the matter was passed to Apex Credit Management. As you may expect, I was very apprehensive to do a VS as I am aware that cars are auctioned and I didn't want the vehicle to be sold for a lot less than its value and be left with a significant amount still to pay. I was visited by a representative of Apex by the name of Mr Brian Pearson. He was a very friendly man at the time and appeared to be very cooperative. When I voiced my concerns over the auction sale being far less than the cars worth leaving me a large deficit, he advised that the normal procedure was to place a reserve on the car of the Glass Guide price plus 5%, and that the vehicle would continue to go through the auctions until it sold at this value, therefore a low price sale would not occur and I would not be exposed to a high deficit. This information put me at a lot of ease and I consequently signed the relevant documents (naturally they contained huge amounts of very small print T & C's) however Mr Pearson told me I had nothing to worry about and that from the just over £8,000 I still owed, after the auction I would only be left with probably just over £1,000 and would be able to come to an agreement with BH to settle this. For the record, my car was extremely well looked after with very low mileage and the Glass Guide price was £6,300 in its state at the time. Approximately 3 months later I received a letter from BH saying the vehicle has been sold for a paltry £3,389.20 and I was left with a deficit of £4,514.08!! Obviously I was horrified. I immediately wrote to both BH and Apex demanding to know what the hell had happened in light of the advice I had been given by Apex. Naturally BH said they knew nothing of anything and referred to their terms. Apex were as bad and denied they would ever give such advice and can only refer to terms of surrender etc. Whilst in hindsight, I realise I should of got written confirmation of such things, at the time when you are under great stress you take these things on professional trust. Obviously not being happy with the situation, I decided to take my case to the Ombudsman who have not upheld anything to do with my complaint stating: " It is difficult to conclude that BH has done anything substantially wrong. I have no reason to believe that the current balance is incorrect or that BH was under any an obligation to put a reserve price on the car at the auction." It goes on to explain how BH provided a copy of the signed paperwork and that it was all done in-line with terms and standard practice. All in all, BH have done everything correct and by the book and have done nothing wrong. When addressing the issue with Apex, again the Ombudsman has said that there is not enough evidence to uphold my complaint because: Apex have sent Mr Pearsons account of events and he is adamant he would not have said such a thing (surprise surprise) and that he always advises that cars go to auction and get sold for as much as possible, end of. He goes on to explain that he sometimes uses an anecdote about a car his daughter was looking to buy and refers to a CAPS guide price plus 5%. To which the Ombudsman finds plausible and suggests I might be confused! I can 100% assure anyone, I know what Glass Guide is and I know what Mr Pearson informed me off and never mentioned anything about any CAPS guide price, otherwise I would have wanted to know what this price was? All in all the Ombudsman concludes that it cannot verify verbal misrepresentation and therefore cannot uphold my complaint. I have the opportunity to appeal the decision, however I do not know how best to go about this at all and would be really grateful for some useful advice on this. I will also happily donate to the cause as well. Many Thanks, SK
  14. Hi All, Here's a quick explanantion of my enquiry: Rented a house under contract for £2,300 a month. Wife asks me to leave her and kids and moves in new boyfriend. I write to landlord give two months notice to leave and move out lasy 30th April. I pay rent until end June. Landlord confirms receipt. Estranged wife stays in house and hasnt paid rent since. I was in court yesterday she didnt turn up they served a summons on both of us but not to my new address they wont acknowledge i am not there. Judge says I am 50% responsible for the costs and the rent arrears. But he also said there was no longer a contract and didnt know how to structure the money to be paid to the landlord. He mentioned the eviction could be a case of tresspass then changed his mind and said come back in 21 days. My case is the landlord should have acted quicker to reduce the arrears and the court is delaying whch again adds ot my cost. If there is no longer a contract can I wriggle out of paying the rent I could argue if we had both moved out then the property may not have been rented out immediately. Im not sure how they assess their loss really Im clutching at straws I just want to limit my exposure. I havent got any money left now and lost my job so I cannot afford legal representation either. I will do a further statement with a character reference but im not sure what to write now. Mnay thanks for any detailed advice on my statement perhaps some case reference would help for me to quote where a contract has expired. Im the only honourable one here i even paid for the kitchen to be replaced as her dogs ate the base units. Ahh well. Regards Frank
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