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Found 14 results

  1. I have completed an N56 Statement of means form for a debt in my name. I have a letter from Restons stating that they note I am married but have detailed no income for my spouse and to fully assess my offer of repayment they need to have sight of the whole household income. Is this true? The debt has nothing to do with my husband. I should also note that the court has thrown this out as I am self employed, earning little or no income.
  2. I ordered a wooden bed frame and was promised it would be delivered today so got my old one taken away before this one was due to arrive. Only two of the 3 boxes arrived with the courier and there is therefore no way to build the bed until the last part gets here. I live in a bungalow and have osteoarthritis so am not able to sleep on a mattress only, nor is my sofa a suitable alternative. I am therefore having to stay in a budget hotel for the weekend as I have no friends or family in the area. The couriers say they have never had the item and the company (Getlaidbeds) say it is not their fault so all they will do is refund the delivery charge. As my having no bed is a consequence of the situation and Getlaidbeds are, I believe, responsible for the actions of the courier, surely I am entitled to some compensation for the costs of a reasonable place to sleep?
  3. Hi everyone, I'm really hoping you can help me. My wife has recently informed me that she has received letters from the court, stating that she owes over £8k to Hoist portfolio holding 2 ltd. She has not had the capacity to deal with any post etc due to our third child being born a few weeks ago. First, a letter asking for a defence - not completed because she was not at our address up to the hearing date and did not see it until after the hearing. Second, a letter requesting statement of means. Not completed due to giving birth to our third child. It has been a stressful pregnancy. A lot more consuming than the other two. She just hasn't had the energy to deal with anything other than the baby. Third, we received a communication from the court with her name on the envelope, but someone else's documents inside from somewhere in Liverpool. Finally, it was transferred to our local court, who hand delivered a letter to my wife entitled Order for Production of Statement of Means. Now she has finally had time to think about the debt, I fear it is all too late to defend. She remembers having an account with Barclays, but does not recall a large debt. Is it at all possible to submit a request for information from Hoist, asking to see proof of the credit agreement? Should it be the original document? Is this all too late? My wife is a wreck already with the baby only weeks old. And I'm here tearing my hair out wondering how on earth it has got this far. I appreciate it is a real mess, but there have been exceptional circumstances happening when the dates and requests have been issued. The deadline for the order was this Friday gone, and I'm now concerned because the court is threatening a £250 fine and/or 14 days in prison. My wife doesn't know what to do. I wish I had this info sooner, but I now need some important advice as to how we can challenge this default judgment. And if that is even at all possible. She is thinking of just filling out the statement of means and sending it off. But I've said that's crazy if they can't prove ownership of the debt and that it legally exists. Many thanks.
  4. Ten percent of all court fines relate to using a TV without a valid licence. It is a sad fact that the vast majority of people who receive a visit from a TV Licence Enquiry Agent ignore the summons and the accompanying Means Form. A large percentage of people subject to these fines rely upon state benefits. In almost all cases, the person receiving the summons should respond to plead guilty. In doing so, 'credit' will be credit (which will be a reduction in the standard fine). Secondly....it is vitally important to complete the Means Enquiry Form (as outlined below). The following is a copy of an excellent post by a Magistrate that featured on a 'blog' today: "Went in to Court today to fill a gap in the rota. I found myself in a non-CPS court dealing with TV licensing offences, and local authority Council Tax cases arising from non-payment of the tax. http://magistratesblog.blogspot.co.uk/2015/12/this-isnt-what-i-signed-up-for-three.html
  5. Hi, I am new to this site, but hopeful that someone can offer me advice. I stupidly, and under duress, signed as a Guarantor for my friend, for a mobile phone contract. This was around 5 or 6 years ago. This 'friend' ran up a debt of £700. The debt has been passed to Lowell's who are chasing me for payment. I spoke to the 'friend' in October 2014, who agreed to pay, and she set up a payment plan with Lowell in October 2014. She made 1 payment and cancelled the direct debit, so Lowell are now chasing me again. I have spoken to Lowell to ask why they are coming directly to me each time she doesn't pay, and I have advised them that she has the means to pay. ..she has a caravan and car on her drive, which are worth more than the debt. They say that's how it works. I feel they should be using every means necessary to recover the debt from her before they resort to chasing me. Am I wrong? I am at the end of my tether...I am a single mom with 2 children, a mortgage and no support. I suffered with depression for 2 years after redundancy, which put me in a lot of debt. I have spent the last 4 years dragging myself out of depression and am proud that I have started my own business and am now debt free, although every day is a struggle to stay afloat. And now this debt has come back to haunt me! This 'friend' has a partner, who works; 6 children, a caravan; goes on holiday; kids do all kinds of paid activities...so why should I pay for her debt?? Any advice would be welcomed
  6. Hello My neighbour's son tried to retrieve is dole money, he was told, because he is doing community service at the moment, his money will be stopped until he finishes his time doing CS. Is this right? Thanks
  7. Banging my head on a brick wall here. My ex is self employed. He owns the business, building, land and has around 6 employees. He lives with his partner who only works 2 to 3 days a week. their house is mortgage paid. They have a car each, numerous holidays, all mod cons and can afford expensive concert tickets. He only has my son overnight around 3 nights a month, he has never bought him clothes, paid for school trips etc or even attended a parents evening. As he's told the CSA he pays himself between 0 and £100 a week, he only has to pay me £5 a week.(He does his own accounts). I know he's lieing but the CSA's hands are tied as he's self employed. I was advised by CSA advisors to appeal via the Gov CSA online re: ex living beyond means. There is absolutely nowhere on the site to do this! I rang the advisors back and even they looked online and agreed. I've sent an email to the site to complain about this problem but haven't heard anything back yet. Has anybody got any ideas or advice?
  8. Hi I wonder if anyone can help with this query. In 2012 I recieved a letter from Arrow stating we owed money to a company for £6750 which for a loan taken out in 2006. I am convonced this was paid off with a consolidation loan but being so long ago I have no documentation. the last course of action in a statement which they provided to me was on the 01/05/2006 although they said it was on the 01/07/2006 (no proof) and a further letter stating a payment in 2009 which was rubbish. after a long drawn out saga with me trying to get further information with no luck they eventually filed a CCJ in January against me and my ex wife. I responded with a defence and they did not reply to this so the judgement was stayed. Because it was a joint CCJ I submitted the defence thinking it would be for both of us. However on the 03/07/14 they were awarded a CCJ in default against my ex stating she did not file a defence. She put in a N244 and we went to court yesterday to get the CCJ set aside. The judge refused this because I did not mention her on the defence and allowed the CCJ to be awarded against my ex only. Mine is still stayed. The real question is we raised the question of the debt being statute barred .We had not made a payment in over 6 years (although I believe it has been paid off. I am still living at the same address and have received no default notices and even had a credit card from the same firm until recently.) No acknowledgement of the debt was made in writing. The CCJ was awarded outside of the 6 year timescale. The judge said it was not statute barred as the CCJ was applied for in January even though it wasnt granted until after the 6 year period. A lot of forums I have read state that it would be statute barred and we could apply to have the CCJ set aside as it was issued after the 6 year period. Can anyone confirm this the judge couldnt have got it wrong could he.??? If the judge is right there is a lot of misleading information out there. Even though my part of this remains stayed I am really annoyed with myself for not keeping any paperwork. i think its a lesson for us all to keep stuff for at least 6 years. If any one could answer this id be very grateful. Thanks very much.
  9. About a year ago my brother had a county court judgement made against him. He is disabled with learning difficulties and does not handle his own money. Today a person from the court call at the flat to serve him an order to attend court to answer under oath about his means. My mother answered the door and refused to let him in or let him speak to my brother. She told him we usually deal with my brother's affairs. He gave her the notice and made a note on his sheet that he had given it to her for that reason (actually while she helps with his money she does not have a power of attorney to handle things on his behalf). My first question is: is it too late to write to the court and seek to have the order amended to an amount he can afford? Secondly how do we deal with the court when he does not handle his affairs and has next to know idea of what his income and expenses are? Thanks
  10. Hi All My mother is 80 and has just sold her house and moved into a sheltered home. The cost of this is actually a bit more than her pension income, and as her savings will be significantly over £16,000 she will have to live off her savings until going below the £16,000 when she will hopefully get some help with the rent. She has around £85K and wants to give me £20K as a gift. She is worried about the DSS seeing this gift and then not giving her any help if the future when she needs it. I don't think she would need to worry about this for 10 years or more, but I need to look into it for her. If she made a claim in the future, does anyone know how far back a means test would go? Thanks Charlie
  11. Hi,I failed my ATOS medical assessment with 0 points,and have sent in an appeal along with a sick note from my GP. My understanding is that they should pay me ESA at the Assessment Rate but when I asked them if this would be means tested they declined to answer,which seems odd. I've been on Incapacity Benefit for years,so I've paid enough NI contributions,and if I'd scored 15 points I'd have been paid Contribution Based ESA for 365 days. Does the Assessment Rate come in two types,or is it all means tested?
  12. Although Eon have lowered p/kwh ,unit rates,they have scrapped the Annual Threshold of 2680 kwh in which customers saw unit rates once this was achieved fall from 8.436p/kwh to 3.67p/kwh inc vat. Under the revised E.on EnergyPlan with prepayment the old 8.436p/kwh is replaced with a sole unit rate of 4.256p/kwh inc vat. However,there is now a daily standing charge of 27.395p per day !
  13. http://www.telegraph.co.uk/finance/rate-swap-scandal/9639202/Barclays-in-court-over-mis-selling-claims.html
  14. I have been on Incapacity Benefit since 2004 but prior to that date I had worked non stop full time for 24 years paying my NI Contributions. I have just received "the letter" telling me they will contact me in 2 weeks and send me the ESA50 for completion so it is only a matter of time for I have the medical etc. I appreciate that I may not qualify for ESA but I do have medical problems and if I do quality for the ESA workgroup , will the first 12 months be contribution based or income based. I ask because I have savings. I thought I would get 12 months and then it gets means tested.
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