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In 2015 there was a important and high profile Judicial Review regarding the serious matter of summons costs in relation to a Liability Order for council tax arrears. The case was that of the Reverend Paul Nicholson v Tottenham Magistrates and the London Borough of Haringey. In short, the court rules that Tottenham Magistrate's should not have allowed London Borough of Haringey to claim summons costs of £125 for each Liability Order given that the court did not have sufficient information before them to reach a proper judicial determination as to whether or not the costs claimed represented costs reasonably incurred by the Council in obtaining the liability order; The court found that Tottenham Magistrates Court erred in law by failing to make further inquiries into how the £125 was calculated. Accordingly, J Andrews ruled that the costs claimed were unlawful. Just before Christmas a further judgment was released in the case of another Judicial Review on an identical basis but this involving Highbury Corner Magistrates Court and London Borough of Camden. a copy of the Judgment is below: http://www.bailii.org/ew/cases/EWHC/Admin/2015/3788.html
Hi all Hoping someone can give me some advice on a company that seems through the search function to be a forum regular. Essentially, we had a car with Corner Park financed through their own Finance U company. We got behind with payments due to a drop in income and our car was repossessed from our drive using a spare key the garage seem to have held on to. Now, we have not received any Notice of default to allow us to rectify any shortfall and the letter posted through our door indicated an amount GREATER than the amount owing per month with no explanation of how this increased amount was calculated. Roll on a few days, and despite trying to talk to the managing director as "only he can resolve this matter", we are then told he is away for a few days. Again roll on another few days and we receive a letter stating they are going to sell our car and "achieve the best possible price". The VERY NEXT DAY a letter arrives saying they have sold the car and give us a price they say they sold it for. However, the car is back on the Corner Park (read Finance U) forecourt at a price approximately £700 MORE than that they say they paid for it (how what in essence is the same company can sell a car to themselves is stupid - and negates the fact that they will attempt to get the best possible price surely?) having gone through my paperwork from them, I note a Bill of Sale is attached rather than a HP agreement. Equally a Notice of Default Sums relating to the recovery posted with the latter saying they are going to sell the car does not state the agreement type - i.e not of the type seen on these forums - Forum ID 191799 (as below 10 posts I cannot post links) Also the BOS is signed by a Clerk (i.e. the woman who done all the paperwork with us in the Corner Park offices) as opposed to any independent person (i'm unclear looking at past forums if this matters?). They are now offering me to pay the outstanding balance (although I wish to obtain a full breakdown of the costs etc) at an affordable rate or they will commence legal action in 14 days. So I ask what are peoples thought on this? Where do I stand? I am prepared to fight this as much as I can so have no issues in going down a legal route if it so happens to be the case.
i purchased a vehicle from corner park 6th june 2011 using there own finance company. the car was priced at 8195 i put a deposit down of 1250 , the amount of credit required was 6945 charge for credit was 6190 paying back in total 14385. i have made every payment on time up until about 8 weeks ago when i lost my job , i contacted finance u who were not interested at all . i am currently in arrears of 615.60 i have had a warrant of repossession this week i have contacted them they are collecting the car next week . i have paid in total of payments of 6061.40 if i include my deposit thats 7311.40. The settlement is 5993.70 and the agreement balance is 7073.60. the car is on a bill of sale . the car is currently worth part ex between 5000 - 5700 but garages sell the car around the 7000 mark its in excellent condition new tyres all round new mot . i can't get any thing out of the garage other than they will sell the car and ill owe any outstanding money. will they sell the car for what it is worth or put it at auction and sell it for a low price . do i pay the difference from the agreement balance or the settlement figure . ive looked into just selling the car and paying it off but can not sell as its on finance please help