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  1. Hi! I'm a new user here and this seemed the right category to post this to. Sorry if I was mistaken. my fiance got a letter from Intrum earlier today, trying to enforce a debt of £1529.81 they had purchased from HSBC. My fiance recalls she had paid off - and closed the account - about 8-9 years ago, what at the time amounted to £500. Said account is not present on her credit file (looked up on Clearscore who gets their info from Equifax) and as such no default notices either. Ironically, the 'change of ownership' letter says that they (HSBC) have taken all the necessary steps to reflect the change of ownership on her credit file. Said letter is dated 15/3/2017 and been bundled with Intrum's demand of the debt. Since the debt is - if it's even legit - must be over 6 years old, and she hasn't been in contact with HSBC ever since, we were thinking about outright ignoring the letter. Would that be safe to do so?
  2. I received a parking charge in 2013 for 2 mins stopped at the side of the road at Liverpool Airport. VCS took a photo and sent several letters in 2013 from various "debt collectors" etc - I ignored everyone like the advice given and about 12 months later they stopped. Out of the blue BW legal seem to have bought the data and sent me a claim letter for an alleged office in January 2013. for £100 PCV charge plus £54 legal costs? is there a time limit for these and can they go back to all that time and start again?
  3. Bristol Council are in the doghouse for sending bailiffs and increasing a £1 debt for a mistake to £311 when Marstons called. Technically marstons did no wrong, they applied the correct fees. https://thebristolcable.org/2018/04/i-owed-1-bailiffs-and-the-council-forced-me-to-pay-311/
  4. Hi I wonder if I can get some advice please? I part own a property 30% me 70% estranged father in law It’s been a messy business but I just want done with it now and need to figure out the best way to end all ties Can anyone tell me how I go about getting my share of the property and my name removed from anything to do with this vile man? Thanks so much for your time
  5. I purchased an item from [edited] for £3200 during their January sale thinking it was a good deal as the item normally retails for between £5000-6000. Order confirmation received straight away and payment has been taken from my credit card. I’ve now 3 days later had an email from them saying it was a misprice and giving me the chance to either purchase the item at full price £5500 or to cancel the order and receive a full refund. Their T&Cs (I can't post a link as a new member to them) states that a contract is formed once an order is received and payment taken: 3.1 How we will accept your order. Our acceptance of your order will take place when you complete the checkout process and pay for your order, at which point a contract will come into existence between you and us. Another T&C states 7.8 When you own goods. You own a product which is goods once we have received payment in full. They have one T&C covering mispricing which states 15.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we proceed with your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. In my view it wasn’t an obvious and unmistakeable pricing error (for example where they get the decimal point wrong and sell something for £500 instead of £5000). During a January sale I think it’s reasonable items could be heavily discounted. I plan to write to them to state that I consider we have a contract and I want them to uphold their end by supplying the item to me. But if they refuse, what are my options to enforce the contract? small claims court? And what would I realistically be asking for? Obviously I can cancel and get my money back so I'm no worse off, but it means I won’t have the item, and would have to spend more money to secure it elsewhere. Any advice would be a great help.
  6. Hello, l am wondering if anyone could possibly give me any advice, my partner and l have arrears with our mortgage company, this was caused by my partner having his work hour's cut, (actually he was one of the lucky few who wasn't laid off), the arrears total £1800, we have spoken to Capstone who were supposed to ring us back to make an arrangement to pay our monthly amount plus some off arrears, their phoning us was to work out how much we can pay back comfortably, they never rang but we have had a letter stating that the arrears must be paid or they will go for repossession, we have had this once before and Capstone phoned us 2 weeks later as were continued making payments of our monthly amount plus between £150-£200 pound off arrears, (l panicked and gave them all my carers allowance and my sons disability money for 3 months) they tried to make me state l would pay £800 a month on top of the monthly payment, which l couldn't do! To cut a long story short l am tired of misleading phone calls and from now on will only communicate via mail, am l able to send Capstone a budget sheet l have filled in myself rather than give all my financial details over the phone? They insist it can only be done over the phone! The annoying part is that we will have these arrears more than cleared before it would even get to go to court for a repo, Capstone don't seem interested in this, just in how much they can get out of us now. l shall continue to make payments of at least the minimum monthly payment and whatever we can toward the arrears regardless. lm sorry for the long post, my partner is so depressed and is becoming suicidal, l am determined that these company's will not have such a negative affect on my family. We had many a sleepless night before this notice arrived, we feel like we may as well be talking to a brick wall. Rachel.
  7. Hi, today I received a letter from Howard Cohen & co. Solicitors re a credit card debt from Barclaycard. (enc) I sent off a CCA request in October 2015. They sent back a copy of term and conditions and a covering letter. Since then they sent letters from Robinson way requesting payment then there was a Notice of Pending Legal Action letter from HC solicitors in August 2016 Nothing since then until todays letter for settlement offer. I'm guessing this is because they can't provide the CCA I requested? I can't pay what there asking anyway....should i just ignore this? Thanks PB Barclays.pdf
  8. Hi, I understand the changes that came into effect in 2013 removed the automatic right to enforce a CCJ at a third-party premises and an application must instead be made to the court. I'm struggling to find any information on this, a search of the internet only reveals lots of pre-2013/out of date information. Is there a specific form that must be completed, and if so can someone point me in the right direction please? Thanks
  9. Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2:
  10. In brief.. I hold a charging order on a property The debtor became bankrupt last year and it seems has now been discharged. As the charging order survived the bankruptcy my question is.. Can I still go down the route of enforcing the judgment in the usual manner, for example, could I apply to court for an 'Order to Obtain Information' etc A little background info.. The property in question has a mortgage. The mortgage lender took the debtor to court and obtained a possession order in July 2015. To my knowledge the mortgage lender still hasn't acted on it yet. Any thoughts welcome and thanks in advance
  11. Hi everyone I found out this year that my father (who I'd never had contact with) had died over 2 years ago, and had left me £25,000 in his last will and testament (I have a copy of the will from public record). However, the executor is my brother (who I've also never met) who inherited the majority of the estate, and after some difficulty in getting a response out of him, he has responded saying that I was removed from the will as a beneficiary. The copy of the will that is on public record does have codicils on it, but they do not relate to the money I've been left. My brother has now stopped contact, and I'm unsure of what the next step is! The document is a high court document from the district probate registry at Oxford, but there is no contact details for anyone other than the executor (my brother). Any advice please on how to proceed?
  12. Hi Guys I've been granted a default judgment against a large well known house builder company for just under £5k. They initially filed an acknowledgement of service to defend the claim but failed to respond after I sent the particulars of claim. I took the next step to request payment immediately but would like some advice about the best way to enforce this judgment if they fail to make the payment. Can they still apply to have judgment set aside at this stage? If so, what happens next? Your help would be appreciated as I'm unfamiliar with these matters.
  13. I attended a hearing where the above was issued and the defendant failed to comply with it I phoned the court and they said I had to submit a form but did not know which Does anybody know which form should be lodged with the court
  14. Hi Everyone! First time poster here looking for some help dealing with Kapama in regards to a micro credit loan, from some general reading I see there is plenty familiarity with them here so I'll get straight to it. I took out a loan with mini credit in 2012 for £100 and they're now trying to play their old trick of adding many charges on so I apparently owe them £1056.00. I don't believe that these charges are enforceable and I point blank refuse to pay them but they're charming debt manager refuses to back down on the issue. I've offered them the original loan sum, one months interest and the default charge (which from reading around the forums is all I have to pay them). After them messing me around for a couple of months they've finally agreed to post me a copy of their companies complaints policy so I can lodge an official complaint with them which I can then take to the FOS when they still refuse to take the charges off. What I would like some help with is what I can write in my initial complaint letter to Kapama in order to have the charges removed. What are the grounds I can do this under? If anyone could help me I'd be really grateful as I would love to stick two fingers up to them. I should say I am prepared to go to court if necessary, and I've seen a few comments on this forum about the judge removing the charges in the court, but will a judge actually do this? Or would a judge force me to pay the whole amount?
  15. Hi, I recently brought a small claim online against a large insurance company (following a recorded delivery warning letter giving them 7 days to respond, which they ignored), they did nothing so when the appropriate time had expired I applied online for judgement against them, specifying I wanted the full amount, plus interest, costs etc, paid immediately (the original loss for which I claimed was 6 years ago). I now have the judgement as of 30th September, and confirmation arrived by post from the court yesterday. The MCOL service show the next step as to issue a Warrant, but it then states that this is only possible for claims up to £5000. The judgement is between £5,000 and £10,000. So, what would you recommend is the best way to get them to pay up? I'm looking for the easiest, rather than specifically the quickest method (though the quicker the better obviously). Thanks in advance for any help.
  16. Hello. I am new to this forum but was hoping there may be someone who could offer some advice with regards a Limited Company we carried out work for. This Company is a cleaning company specialising in industrial cleaning. We are a small Ltd Company. Ordinarily we would not have carried out work for this Company but was approached by another client of ours who asked us if we would help them out as they had instructed another contractor to carry out some refurbishment works on a 3rd party premises, and they had not completed it to their satisfaction (that was what we were told although now, that may not be the case and maybe it was that they did not pay that contractor either). Anyway, to cut a long story short, we carried out the work, supplying all labour and materials to refurbish the washrooms and the Company has only paid half of our invoice. Following all of the procedures of sending reminders, letter of intent etc etc, we decided to request the services of a debt collection agency hoping this action would prompt them to pay, and hopefully avoiding court action and a ccj against their Company not knowing that this would be one of a few. Despite letters and emails from the Directors of the Company stating that they acknowledge the debt and that they will pay in full, they did not respond to any of the telephone calls from the debt collection agency leaving us with no alternative but to go to the small claims court. Initially the Company put in a defence which it seems was just a delaying tactic, as they did not submit any defence (they didn't have one) and the courts struck their defence out and issued the CCJ. Throughout all of the administration process etc I decided to do some investigation into the Company (a bit of closing the door after the horse has bolted) and I am amazed at what I uncovered. This Company persistently opens and closes companies on an annual basis. It changes its name marginally by adding a UK or Services to Solutions etc. The Director currently has 5 open Companies with a further 5 dissolved. They have not filed any accounts for the Company that they say we were working for and during the court process they have opened another Company with a view I would assume to close the cleaning company we have the CCJ against. They have changed the name of their new Company only by using the initials instead of words in the name. It is still a cleaning company with the same Director still operating in the same industry with no doubt still the same customers. This is frustrating. We have spent over £300 in taking this through the courts to get the CCJ which I am sure will be unenforceable as they will claim that they have no assets Their registered office address was an accountants; their new registered office is their new accountants. Is this legal for a Company to open and close Companies owing several thousand pounds - our CCJ is for just over £3K, they have another against another of their companies for closer to £4K and a smaller one against another of their companies for £500 and yet they continue to trade in the same industry under yet another name. We know we are not going to see payment of our invoice, but is there anywhere that I can take this to highlight the unscrupulous trading practises of this Director?
  17. I had a contractual agreement with an organisation with a company in Uganda and they have not paid me for my services. I have obtained a judgement in that country and the company still refuses to remunerate me for my services what are my options in terms of enforcement if I am a UK national can I take steps to obtain a judgemnt in the UK and if so how?
  18. Hello knowledgeable folk, I've been in the same role for the same company for 15 years, the last 8.5 of these years have been worked from home. Home is a minimum of 2 1/2 hours drive from the office location. My work is completed online, I've never had any issues raised with the quality of my work, or my location until now. A new manager has come in and stated that I should be in the office two to three days a month. There is a statement on my contract that I can be required to work from other locations within reasonable travel distance from my home. I've stated clearly that I am unable to fulfil this request, but I'm still being pursued to comply, it's as if I am speaking to myself. What I would like to gauge is whether this statement on my contract is enforceable? I have never had to work from anywhere other than my home in the past 8 1/2 years since I moved to my current location (my company could not replace my position when I moved away from the area, lucky me). My gut feeling is that the new manager wants the role moved back in house, I understand and just wish to be treated fairly. Do you think if I asked for redundancy I would have grounds? To be honest the relationship between the new manager and myself is not great, he lied about me to our overall boss (who thankfully knows me well enough to check the facts), so leaving wouldn't be too much of a disappointment at this point! Thanks in advance!
  19. Hi all, Made small claims againt leasing agent, summons already sent. Agent's solicitor wrote saying that I am suing the wrong person and that his client will make a claim against me for taking action against the wrong person. Has anyone been in similar situation? Advice please, especially from legal perspective as solicitor is involved now. Thanks
  20. Hi everyone, Can anyone help me with my problem please. On Feb 14th 2014, the Crown Court ordered the CPS to pay me nearly £2000 in wasted costs but they will not pay me. Anyone know how I can enforce the order? Thanks Valgem
  21. Hi everyone, I rarely use forums, so please be kind I booked a stay in a Scottish Hotel some time ago via their trade stand at a flower show. When we arrived the accommodation was nothing like the photos on their website or on the stand. The room was damp, cold, dirty and had no soft furnishings to speak of. Bedding looked filthy and the electrical wiring rather suspect. On top of that, we were told on arrival that the water was unsafe for consumption so they'd be giving us bottled water. They were fully booked, so the only option we had was to put up with it or go home (600 mile round trip) and pay £10 to change our booking. We asked for a refund and the manager was very rude. Afterwards we wrote to the hotel a few times without joy. I therefore started a small claim online as the hotel company is registered in England & Wales. Judgement was made end of January in my favour, instructing the hotel to pay me £167.44. They've ignored the court order, despite me writing to them again twice. I even phoned and was told they have no intention of paying. They don't even seem to care they now have a CCJ against the limited company. So, what's the best way to take this further? I understand I can commence enforcement action, but only their registered address is in England. Can the court bailiffs go to the Scottish trading address? Any advice is welcome... J.
  22. Hello. I was an employee who was made redundant by my employer. I represented myself at an employment tribunal, who found in my favour on all counts. They judged that it had been unfair dismissal and sex discrimination and made an award of around £10,000 although I don’t expect any of it will be paid. At the start of the hearing my employer’s solicitor tried to wriggle, suggesting to the judge that they were not a legal entity. The business is run by a managing committee of volunteers (an unincorporated association) and is also a registered charity (registered with the charities commission). However, don’t let that draw sympathy, the hearing revealed how badly the charity was being managed and how the charitable funds were being wasted. The judge said that they are a registered charity and therefore a legal entity. So although they may wish to describe themselves as an unincorporated association, they did enter into employment contracts with me and other staff in the name of the charity and have assets in the name of the charity. Question So with the status of the respondent being a registered charity (claiming to be an unincorporated association), who should I address the high court enforcement order to? The managing committee will all be stepping down from their positions and running for cover. Should I put the name and address of the charity, or the present chair of the managing committee, or the then chair of the managing committee at the time of the redundancy, or the managing committee secretary who signed the paper work, or all the managing committee members by name? I’m not expecting to see any money paid to me but I don’t want to make it easy for them to wriggle of the hook and continue operating either. Thank you so much for taking a look at my thread. x
  23. Hi all, I'm posting this on behalf of a friend who has no internet access. She has been receiving letters for about three years from a well-known debt buyer whom she doesn't want me to name. She's very nervous about anything being on the forum. She took out a credit card in the 80s and could not afford to pay when her circumstances changed several years ago. First she got letters from the bank, and then they sold it on in 2010. She has only just told me about this. Apparently the debt buyer has written to her many times and they have sent a microfiche copy of one side of her application on many occasions too. It's headed 'Credit Agreement regulated by the Consumer Credit Act 1974 and appears to have the prescribed terms. They have also sent the back of another agreement from around the same time. It's clearly not the back of the application form. At one point the debt buyer passed the account on to their nastier debt collection department but it's now gone back to the main office. Obviously she's been very worried about this. Can any of you think why they are not enforcing? Could it be because they only have a microfiche? Thank you. DD
  24. Hello.. I am new to the forum and would like some advice to enforce an employment tribunal decision for unfair dismissal and age discrimination in norfolk. I have been awarded a fairly substantial amount due to poor behaviour of the company in question, but the company are now saying that they do not have the funds to pay and have employed an Independent Insolvency Practitioner. I have some information that they may soon be entering into CVA. However, the company are still trading and appear on the face of it to have a steady income. I have arranged for the High Court Enforcement Officers to attend the commercial premises but the goods at the premises are very low value. I am not aware of any further assets. I have looked into a charging order for the premises, but it transpires that the premises are not owned by the company that my judgement is against, but a company outside the UK. I have also looked at a third party debt order, but the limited bank statements we have received from the company suggest they are in debt, so this may rule out this option. We also have some information that the directors of the company in question have set up another company to operate part of the business, so obviously this raises some concerns to me about transferring funds/assets etc. I am a bit at a loss as to what further I can do next..... are there any further options worth considering?.. Can action be taken against the directors of the company? This is causing a great deal of stress to me and my family, so any assistance would be greatly appreciated. I am happy to provide more information or clarify some points if required. Kind Regards J.Wallis
  25. Hi, my partner is a sole trader and recently took another business (a limited company) to court via the small claims track. The court awarded in his favour; with costs the amount this business owes him is £550. I would be grateful for any advice as to the best way to enforce this judgement please as the other company appear to have no intention of paying. Thank you.
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