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Found 13 results

  1. Claimaint: Vehicle Control Services Solicitors: None identified Date of Issue: 19 Apr 2018 Particulars of Claim: 1.The Claim against the Defendant is for breach of contract in respect of breaching the Terms and Conidtions set on private land. The Defendant was issued with a charge notice and has failed to settle their outstanding liabilities. 2.At all material time the Defendant was the registered keeper and/or driver of the vehicle identified in the Particulars of Claim. It is alleged the Defendant breached the Terms and Conditions of entering private land as detailed in the Particulars of Claim (to follow). 3.The Claimant seeks the recovery of the CN and interest under Section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up the date of Judgement or earlier payment. I will provide the defendant with seperate detailed particulars within 14 days after service of the claim form. Claim is for £160 + £25 court fee = £185 ---------------------- Hi, have received court papers wrt the above Basic summary of events: -NTK (not me) received 20/4/2017. Issued 13/4/17 but for contravention date 2/4/17. Due to easter holiday this meant >14 days so POFA does not apply -I appealed on the keepers behalf. VCS say I selected the driver option. Have no recollection of this and they have been unable to provide evidence of this being selected. In my appeal wording I did not say I was the driver. -VCS pursuing me on assumption I am driver. Initially said they had CCTV, now saying pursuing based on my admission in the appeal. Don't actually think I've personally received a CN from them contrary to their PoC. -I don't actually think they have ever issued me with a charge notice. Happy to take this to court and defend myself Submitted my AoS 23/4/18 and also selected contest jurisdiction due to the byelaw issues at LJLA, however have to pay a large fee ~£200 to pursue that. Is it worth pursuing the contest of jurisdiction? I think I can make a robust defence in any case based on other threads I've read on here and Pepipoo. Can I claim the fee back if successfully contest jurisdiction? Advice re next step would be appreciated thanks in advance
  2. Being forced to raise a small claims against SKY, I'm familiar with the process however Sky Subscriber Services Ltd are based at a PO Box in Livingston (Scotland) however their registered address for the company is Isleworth Middlesex although they also have a Scottish office in Dunfermline. I'm assuming I have to go for the registered company address and therefore make a claim through the English courts. Anyone have any advice?
  3. I am based in Scotland. I broke my Samsung Tablet in a fall and arranged online with an English company - Fone Angels - for its repair. I paid them £200 by PayPal and sent them the item. I was informed the repair would take 7-14 days. This was in December. It's now March 13th. Their customer serve phone line take you through to a recorded message and does not itself record incoming calls. When I try to email them, I receive vague and non-specific information about my item. I wish to raise an action in the small claims court for the return of the item and the funds I have sent them. My question is: do I raise an action in the small claims court of Edinburgh (where I am and where I made the contract) or in Rickmansworth (where this company is based?)
  4. A chap I have known for many years is having horrendous problems with Royal Mail as an employee. He has been subjected to a breach of contract and unlawful deduction of wages. The internal grievance procedure has been dragged out by the employer to such an extent that it was about to become timed barred. To instigate a claim through the Employment Tribunal service has to be done within three months less one day. He transferred to northern Ireland a few months ago. Royal Mail solicitors want nothing to do with ACAS. They are saying it is out of their jurisdiction as Ireland has its own version of ACAS. They also have Industrial Tribunals instead of Employment Tribunals My question is: If a company such as Royal Mail is registered as a company in England, 100 Victoria Embankment London, that company provides postal services to Northern Ireland as part of the universal service Obligation, Why is ACAS and our own Employment Tribunal Service not handle this as jurisdiction. From research this only applies to companies Registered in Northern Ireland, not the main land Is this correct or are Royal Mail Solicitors in Northern Ireland just Bluffing as to jurisdiction. They basically told ACAS to "Bog Off" ACAS have now issued the Early Conciliation Certificate so the clock is now ticking
  5. Hi there, I wonder if you can help. I have a County Court claim against my ex employer. I previously won at the ET for a portion of some sick pay I was owed (company sick pay) but only because it fell within three months. I am pursuing some sick pay that I was due but wasn't paid within the last three years in the County Court, but the employer is now quoting res judicata as the ET judge had considered it but found no reason to award it as it was not in his jurisdiction. Is there any chance I might be right in thinking I can collect the money in the County Court where there is a jurisdiction as I'm within six years, even if it was mentioned in the ET? Bit confusing this, I would appreciate some guidance if possible. Thank you
  6. I entered into an informal loan agreement, the specifics of which were detailed in an exchange of emails. This loan was later increased and essentially became an investment in a joint business venture. The partnership was later dissolved by mutual consent (again there is an email chain to confirm this). My former partner and I later fell out and despite me continuing to comply with the previously agreed repayment schedule my former business partner has issued in the county court demanding interest at an extortionate rate when the loan / investment had not interest agreed. I have submitted the AOS but indicated that i would dispute jurisdiction - is this the correct approach? Is there any advice on how to proceed?
  7. Having successfully sent the mother company Cabot packing, they have now brought out the pop-guns against me in the form of a letter from FIRE Ltd. So I did a couple of the usual checks on them. First Companies House: 'Kings Hill (No 2) Ltd' company number 03959268 became 'Financial Investigations and Recoveries (Europe) Ltd' company number 03958421 on the 14 March 2005. Of course the registered address of Kings Hill (No 2) Ltd as we all know is .... 1 KINGS HILL AVENUE KINGS HILL WEST MALLING KENT ME19 4UA Next The Information Commissioner's Office: Registration Number: Z511230X Date Registered: 11 January 2001 Registration Expires: 10 January 2010 Data Controller: FINANCIAL INVESTIGATIONS AND RECOVERIES (EUROPE) LIMITED Address: C/O CABOT FINANCIAL (EUROPE) LIMITED 1 KINGS HILL AVENUE KINGS HILL WEST MALLING KENT ME19 4UA Now the interesting bit: When applying for a data controller licence, it is the applicant's duty to keep the record up to date. Not to do so within 28 days of a known change is a criminal offence. In accordance with the rules quite clearly laid out on the application form: Data controller address If you are a limited company you must provide your registered office address. In all other cases you must provide the address of your principal place of business. If there is no place of business (e.g. for a small local voluntary body) you should provide the address of the official who has completed the form. Now, according to their letters and Companies House, the registered address for FIRE Ltd is Unit 5 Mitchell Court, Castle Mound Way, Central Park, Rugby, Warwickshire. CV23 0UY. Therefore the address for FIRE on the ICO website, which should be the registered data controller address (I've checked with them) is wrong. I have sent a letter pointing this out to the ICO. What I don't know is if this invalidates their data controller licence, so making their actions in processing my (or anyone else's) data unlawful whilst this address remains unamended.
  8. Hello! This is my first thread so look forward to reading the responses. I wish to file a claim (c£3,000) against my previous landlady. She agreed to pay costs we directly bore (moving, hotel, storage, etc) because the house was not in move-in condition at the start of our lease. She then reneged after we bore these costs and moved in. We withheld rent which she in turn withheld from our deposit when we moved out, and we have been unable to reach an agreement since. The landlady is Brazilian and resides in, and is domiciled in, Brazil. I know I need to file an N510 form but am unsure how to complete it. I need to tick a box on the form to explain the basis for why the claim form can be served out of jurisdiction without the permission of the court. Can someone please advise? My best guess is either 6.33(1)(b)(ii) or 6.33(2)(b)(ii) but I can't tell why I would prefer one over the other, or if either is correct! The form reads as follows: Please tick one of the following boxes as your statement of why the claim form can be served out of the jurisdiction without the permission of the court. Also delete anything in square brackets that does not apply. In proceedings to which rule 6.32(1)(b)(i) or 6.33(2)(b)(i) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the [Civil Jurisdiction and Judgments Act 1982] [Judgments Regulation (as defined in CPR rule 6.31(d))] to hear this claim, that the defendant is domiciled in [the United Kingdom] [a Member State] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.32(1)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the claim being one to which paragraph 11 of Schedule 4 to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom.” In proceedings to which rule 6.32(1)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the defendant being a party to an agreement conferring jurisdiction to which paragraph 12 of Schedule 4 to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom.” In proceedings to which rule 6.32(2) or 6.33(3) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has the power to hear this claim under [state the provisions of the relevant enactment or Community instrument] which satisfies the requirements of [CPR rule 6.32(2)] [CPR rule 6.33(3)] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom, in any other Convention territory of any Contracting State (as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982) or in any other Member State.” In proceedings to which rule 6.33(1)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the claim being one to which article 16 of Schedule 1 or article 16 of Schedule 3C to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Convention territory of any Contracting State (as defined in section 1(3) of that Act).” In proceedings to which rule 6.33(1)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the defendant being a party to an agreement conferring jurisdiction to which article 17 of Schedule 1 or article 17 of Schedule 3C to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or in any other Convention territory of any Contracting State (as defined in section 1(3) of that Act).” In proceedings to which rule 6.33(2)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Judgments Regulation (as defined in CPR rule 6.31(d)), the claim being one to which article 22 of that Regulation applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.33(2)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Judgments Regulation (as defined in CPR rule 6.31(d)), the defendant being a party to an agreement conferring jurisdiction to which article 23 of that Regulation applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.33(1)(b)(i) applies, the statement is— “I state that the [High Court of England and Wales][ County Court] has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim, that the defendant is domiciled in [the United Kingdom] [a Convention territory of a Contracting State (as defined in section 1(3) of the Act)] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Convention territory of any Contracting State. Many thanks!
  9. Hi all, hoping someone can point me in the right direction here. I did search the forum but couldn't find I have sumitted an ET against my current employer which has ended up including direct sex discrimination, indirect sex discrimination, breach of contract, and most recently, victimisation. At the case management discussion the judge asked for me to make a scott schedule, and gave the column headings. I'm fine with most of it (eg 'date of incident', 'nature of incident' etc), and the judge did explain it to me at the CMD (I am unrepresented). However, when I received the notes from the tribunal, it asks for an extra column that the judge didn't mention at the time (or I would have questioned it) called "jurisdiction". So - what does this mean? What am I supposed to put in this column?
  10. Hello, I've been reading about this topic offline with a lot of interest and there's been some really sound advice. I was hoping the same people could offer some help in my predicament.... I've worked in Dubai for about 5 years, got a personal loan with a local bank to pay for a development project. The project when belly side up. I refused to pay due to the fact nothing was being built, and even after it would have been built, there would be no infrastructure (water, power, sewage lines) to make it habitable. There was also no way to get my money back despite legal action. The developers have since done a runner too. Despite this, I continued paying off the loan. When I was made redundant, I went to the bank to discuss about changing the payment plan, and offering the property investment as collateral. Unsurprisingly they turned it down. In the end, the banks, the infrastructure developers all fall under one roof, I had enough, it was time to go back to the UK. I wasn't happy leaving debt behind. I did want to pay as much off as I could. I left enough money in my UAE account to pay for a year's loan repayments. After 3 years of leaving the UAE, my parents receive a letter today from a UK based law firm that claims to be representing the bank. They claim they have "international jurisdiction" - does that even exists? They are requesting that I reply within 21 days with a plan of how I intend to repay them. Note I have not lived with my parents for more than 16 years, however I still have UK bank statements sent there. Does this implicate them? What should I do about the letter? Ignore it? Return it? Tell them I no longer live there, if anything at all? If they can not contact me, are they able to issue a CCJ without me knowing? And how nasty could this all turn out? I noticed a lot of similar threads deal with DCAs, but I'm being approached by a law firm.....what does this mean? By virtue of hindsight, yes I know it was stupid to invest in Dubai, and yes, very stupid to take out a loan and leave it behind. And yes, the injustice that locals get their loans wiped clean whilst expats get sent to prison (which I think is counter productive), and a bigger injustice that so called investment companies are allowed by the UAE to get hard working people to invest, only for them to get screwed and the big bogus investors do a runner themselves with no repercussions....huff, had to get that rant out the way.... But what's done is done..... I'd be lying if this isn't causing me sleepless nights. Would appreciate any sound knowledgeable advice. Ta.
  11. There have been quite a few posts recently where it has not come to light a poster is not in England/Wales until quite a few replies have been forthcoming (second page in one case). When a new member signs up, they should be asked their chosen jurisdiction or country to be displayed on their profile to assist replies. I appreciate the site team can see where the ISP points to, but even that offers no reference for wireless broadband access. Additionally - there should be some indication on the mobile site, as even if a poster has their location listed, it can only be seen on the full site.
  12. Any help or advice or pointers would be so gratefully received. I have received a summons from a US company based in Florida, however they have used a debt collection agents address in the UK to pursue this. Is that possible?? Would there not be a question of jursidiction? Also the debt relates an invoice in US $ that I am disputing.
  13. Hi, Just a quick one wondering does anyone know if this is lawful- I requested an invoice that the claimant mentioned in his POS as the invoice amount seemed like a higher figure than I was aware of - he has sent the invoice after I requested it using the very helpful request template on this website CPR 31.14 however he has added $400 for 'debt collection' onto the invoic hence the higher figuree- can he do this? it just sounds totally trumped up
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