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Found 11 results

  1. We have lived at our home for the past 7 years. Initially our one neighbour was friendly etc but for some strange reason about 3 - 4 years ago he turned nasty. We do not talk to him but every now and then he stirs things. In the past he has threaten to shoot our cats, this said by shouting over the wall as we cannot see him. Our dogs hardly barks but again he shouts over the wall. If the other dogs in the neighbour bark not a word is said. One day my wife was standing by the side of the road waiting to cross when he came driving down the road. He then swerved towards her to give her a fright and narrowly missing her. One day as I was leaving our home I saw him in the rear view mirror giving me a Nazi salute. I have a foreign accent but I am not German or from the continent. There are a number of other things like the compliance officer asking me to come in for an interview as they believed that they had over paid us. This did not worry me and they said it was because we had not notified them of an income. I was sure that I had but accepted their word. The compliance officer then checked bank statements etc and was happy. Later we got a notification letter from the DWP stating that they had indeed found the notification of the pension payment which was about £4.15 a month. We had hardly put that to bed when the Pension credit people contact us asking for the same information which we then sent off and we also advised them of the name and contact details of the compliance officer that had checked all out income etc. We have a feeling that he has been reporting us although we have absolutely nothing to hide. There are numerous other little incidents. The latest incident was today. The wife was walking over to a friend when he came out the front door and shouted "I hope to slip and break your f******g neck"! He then went back inside. Unfortunately we have no actual proof of these incidents like having it on tape or video, but we have reported it to the housing people previously. We have not reported it to the police as we still have to live with him as a neighbour, but it is getting a bit much now as he always has a go at my wife when I am not around. I don't want to approach him in case I lose my temper plus I am disabled. What is the best way to deal with this as I am not sure if the courts can help as the only thing is a record of our phone calls to the housing people as he is also a housing tenant? Thanks.
  2. I hope someone can offer some advice regarding a huge problem myself and my family are having regarding a nuisance who is constantly removing and covering up things on my sisters grave. To cut a very long story short, my sister used to be in a relationship a long long time ago with a man who during the time they were together was very violent and abusive towards her, resulting in various injunctions and arrests. When their daughter was 12 (she's now 30) my sis finally managed to end it once and for all and started to move forward with her life. Over the years that followed he reared his ugly head every now and then making various threats towards my sis and their daughter but nothing came of it and he was just ignored. Sadly after fighting breast cancer for 7 years she lost her battle and died last August. Shortly before she died she was really concerned that once she'd gone he would start causing trouble for her daughter and husband (she had been in a very happy relationship for 9 years) and asked me to do all I could to prevent this happening. Not long after she was buried my niece and brother-in-law started receiving vile threatening message from him and tributes left by family and friends on her grave were being moved and hidden. The police were contacted last November and details taken regarding the messages but nothing was done, my niece was just advised to block him (there are reasons she's reluctant to do this which is another story.....) The messages have continued and over the past month have got worse as has the messing with the grave. He's hiding the tributes her husband's left, usually thrown behind the headstone and as there's a picture of my sis on the stone in her wedding dress, he's moving the vase my mums bought with a tribute to her daughter on it, in front of the pic on the stone to hide it. Today I went up there and he'd removed my vase and placed it in someone else's grave!! We spoke to the police yesterday regarding all of this and the officer said that even though the messages are vile and unacceptable it doesn't amount to enough as an arrestable offence, but he is going to go with a colleague to have a word with him and tell him to stop or he will be nicked. He also advised to get a civil injection regarding the threats but was uncertain if anything could be put in place regarding him moving stuff on the grave. This is my question (at last!) is it possible to obtain an injunction preventing someone from touching items placed on a grave even though he's not damaging it? I've spoken to my local council who own the cemetery and as the plot isn't owned outright it's not classed as trespass but could be perceived as anti social behaviour. Is this correct and if so is this enough to get an injunction? Thanks for any help Lisa
  3. ok folks, i am not legaly minded and dont know if anyone has a clue how to do this but here goes...... i work in the vehicle recovery industry when a car is involved in an accident the police call their contractor to remove the vehicle asap, the contractor then deals with the drivers insurance company and the insurance company pays any outstanding fees. the salvage company then collect the vehicle from the police contractors compound......this is where the problem starts ! the police contractor in this area have now started to refuse to release the vehicles to the salvage company due to lack of h+s and other certs that no salvage company are required to have... ...what documents and h+s guff they ask for is what recovery companies have ! their drivers are not able to collect the damaged vehicle !!! the police contractor then charge more storage fees untill the salvage company can get a proper recovery company to collect the vehicle. recently we started to collect the vehicles on behalf of the salvage company thus circumventing the police contractors rules. on friday we were informed the police contractor will not release any vehicles to sub-contractors :-x:-x i am now loosing money because of this can i get any advice here ? do i need a court order ? and whats the costs and time frame ? any info would be great
  4. If there is a dispute regarding goods that may have been seized by bailiffs and the debtor considers that those goods should not have been taken as they were considered (for one reason or another) to be exempt, then the regulations provide that there is a proper and FREE procedure that should be made under section 85 of the Civil Procedure Rules. Unfortunately, it would seem that debtors are wrongly making application to the County Court for injunctions and so far, we have yet to see one succesful case. Instead, there are many cases now being reported where debtors are having substantial cost orders made against them (in one case last week a debtor was ordered to pay the local authorities costs of £3,200. Details can be read here: http://www.consumeractiongroup.co.uk/forum/showthread.php?445251-Goods-on-HP-a-Judge-says-they-can-be-sold(8-Viewing)-nbsp Today, I have received details of yet another failed injunction but most importantly, the Judgment makes very clear (yet again) that the wrong procedure was used and the claim has instead been transferred to a District Judge at another court pursuant to CPR 85.7(5) for further directions. Details will follow in a moment.... PS: It should be noted that in this particular case, it would also seem that the wrong party had issued the proceedings.
  5. In September 2013 I started writing on the forum about the procedure that debtors were expected to take in cases where a bailiff took control of a vehicle (or other goods) that either did not belong to to debtor or which the debtor considered (for one reason or another) to be 'exempt' from being taken. To avoid repeating myself a copy of the thread is below: http://www.consumeractiongroup.co.uk/forum/showthread.php?418396-Third-Party-Goods-Interpleaders-and-the-serious-potential-to-damage-the-new-Bailiff-Reforms-on-6th-April During that period (mid to late 2013) I spent a considerable amount of time writing to many organisations (including finance companies etc) and in my correspondence to government departments, I urged them to consider implementing a procedure whereby debtors could avoid the costs (and considerable delay) of court action by the debtor making an initial 'informal' claim to the enforcement company. I was delighted to hear that my suggestion was implemented (with minor amendments) and the position from 6th April 2014 is that instead of a debtor (or third party) having to issue court proceedings a simple informal procedure MUST first be made to the enforcement company within 7 days. The procedures are outlined under section 85 of the Civil Procedure Rules and came into effect on 6th April 2014. If a debtor considers that a vehicle should not be clamped or removed as it is thought to be 'exempt' (maybe as it is subject to finance or 'necessary' for employment) ) then it is a simple matter of writing to the enforcement agent to outline the reason why the debtor considers that the vehicle is 'exempt' and to provide any supporting evidence. The enforcement agent must then serve the creditor (normally the local authority) with a copy of the claim and the local authority must decide within a specified number of days whether they 'admit' the claim. If they do, the vehicle is released. On a personal level I have prepared many of these 'claims' over the past 7 years and so far....not one has ever been rejected and the goods are released. As long as the supporting evidence and 'reasons' are clearly outlined there should be no problem at all in the goods (normally a vehicle) being released. It would seem that in the past couple of months debtors are (for one reason or another) bypassing this initial procedure and instead.....making an application to the county court for an injunction. Unfortunately debtors are quickly finding that this procedure is not only wrong but is very expensive and can lead to their car being held in storage etc for a long period of time.
  6. I need to take out an injunction to stop my lender from selling my house for less than its worth, can anyone help. URGENT !!!!
  7. I need to take out an injunction against my mortgage lender, does anyone know how to do it, URGENT
  8. Hello, I hope someone can help me. My Partners company has had a statutory demand issued against it. We want to apply for an injunction restraining them from presenting a winding up order but do not know how to go about this/ what forms are needed. There is a lot of advice on the net for individuals but not for companies and the process is different. Any advice would be appreciated.
  9. (On behalf of friend) My friend has been offered a job which he has been trying to get for 6 months and is excited. It is leaving one business media company for another but with a completly different client base/industry However, he needs to start in one week's time and when he resigned last week, he was hoping to negotiate an early exit. Apparently, they normally march resignees out of the office immediately so he was surprised when they told him they want him to work 4 weeks notice (as contracted). He has been back to them to say he would like to work this week to complete a handover so that his clients are properly passed over to another member of staff and so no damage is done in delivering to those clients. He was thinking about simply walking but wanted to be reasonable and leave on good terms Unfortunately for him, they are insisting he works 4 weeks and if he leaves early, they will get an injunction on him to stop him from joining the new comapany and also call senior management of the new company to 'have words'. Can they do these things? It is worth noting that he is not a senior member of staff. This is a sales exec role. I am sure that this is all aimed to scare him but wondered what the CAG advice is? He know's that if he leaves early, he is in breach of contract and will lose commission & notice pay but really needs the new opportunity and the new company offered on the basis that he starts sooner.
  10. Me and my partner split up 5yrs ago, i have a new partner and my daughter has told some lies to her dad which he then tried to attack my new partner, he has become quite angry down the phone at me mainly shouting, i have stopped him from comming to the house and told him to stop ringing me only ring the children they have their own phones, can i get a court injunction to stop him from doing this perminately as he is making things difficult. The police have been involved.
  11. I will keep it short as I can but my close friend ex-girlfriends split with him last week after 4years. Normally this wouldnt be a problem however my friend has been off work for a number of months with major depression disorder and anxiety and taking numerous medicines and counseling to help. With all help we were making very good progress and kept on top of the situation so my friends was very positive - then when she left things have gone significantly worse. She is constantly sending one liner comments and 'like' tags to his friends on facebook which is really getting him down so much so that we had to take him for two medical assessments because we think he thinking of doing something very bad. A lot of the 100+ friends they known together she has not previously engaged with now it seems that she is doing it on purpose. Both medical offices we saw today reiterated that given the current health problems my friend is having, and more importantly the long term actions, the interaction with his close friends and his network of friends are detrimental to his and personal well being and could lead to far greater consequences as he has in the past tried to commit suicide. We have been to look into either a restraining or injunction order give the risk to life. Could anyone offer any advice please? there is also a issue in the will not provide a forwarding address of were she is staying. Any help would be gratefully accepted My friends is at his wits end and we are so scared he will do something stupid if we cannot get his ex to stop whats she is doing
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