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Found 596 results

  1. Hello everyone, I have recently issued a small claim against a company, but do not want to go through with it any further. The defendant did issue a defence and requested for Mediation, but subsequently changed their mind. I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email? I have been utilising the new beta Money Claims service, which does not provide information on the matter. I was wondering if anyone could assist me? I'm new to this and this is my first small claims case.
  2. Hi Guys, Wondering if I can find out if I have a Liability order. I left the UK 8 years ago and I am planning to return. I did have a dispute with the Council at the time of departure. As far as I understand it, the LO does not appear on the credit file. Is there another way of finding out. I really to not to get into a phone conversation again with the council after all these years. Thanks
  3. I'm about to buy a (relatively) low cost item from a small-time online manufacturer who usually sell in large quantities to tradesmen. They have applied a 'low order fee' to make my order up to £50. Are they allowed to do that? (I suspect yes). I noticed in the Shopping Basket breakdown that VAT then also got applied to this fee - are they allowed to do that? Thanks.
  4. Hello, I am looking for help and advice relating to this on-going dispute I have with the Nasty-west. (Edit) Long story so give you the short version. Reclaimed back bank charges before they put a legal stop to it. Tried to reclaim Advantage gold service charges -they denied it Reclaimed ppi on one loan.. They have never reviewed or addressed the three previous loans with ppi on them. I refused to repay the loan until the resolved the ppi- they didnt. Instead they told me to court and won over a technically and obtained a charging order on my house. I have contacted the ppi deparment on 2 occasions for redress to the previous loans with ppi. They don't even answer me. The CCJ they obtained for the loan is an accumulation of the loan, bank account, mis-sold ppi and mis-sold advantage gold service. So as far as I am concerned they are take money from me via shoesmiths that they actually sold fromme. Any help or advice greatly appreciated
  5. I had an order of £300 that was not delivered and was issued a refund to PayPal, the item and the delivery charge. Since then, the order has been changed from not delivered to delivered. They are now charging me for the product even though it was not delivered. I have been getting texts on my phone telling me that payments are due but I'm a bit confused as to why this is happening if I was issued a refund earlier. I have not paid anything as of now. What I'm asking is how would I get this cleared up without having to pay anything and are they even allowed to charge me after they already issued a refund?
  6. We have a de-linked unsecured loan (part of together mortgage, but we moved mortgage) from 2006 for £29k, we have never missed a payment, the past few years we have had agreed, reduced means tested payments NRAM passed it to a solicitor who have managed to issue a CCJ against us after saying we missed six months payments..we didn't. We called the solicitor from the CAB on the morning of the court date (October 2017) and CAB manager explained we hadn't missed any payments. They agreed to stop the court action that day (in an unrecorded phone call!) CAB manager then asked them shall we fax the court form in and of course they said no, it's ok. Well they didn't stop the court action and got the CCJ.. We went back to CAB in February and the manager called them again, they had an interim charging order by now.. we sent a letter on my insistence to the court with proof of all payments and got the court transferred to our local court 2 weeks ago. We thought this was to appeal the process but the judge explained it was to make it into a final charging order. Unfortunately we have had really poor advice from our local CAB debt manager and didn't apply straight away to stop it or set it aside straight after. The judge seemed sympathetic and said we have been poorly advised, adjourned until early September as we said we cannot be certain we still owe £29k as we have paid off over £17k and now the debt is back to where it started. I assume NRAM have whacked on a load of interest and charges when we were on reduced payments. We hope we can prove we owe significantly less than the £29,500 they say. I am about to send off a SAR today using your template as we haven't had statements since 2011, which I now know to be because our regulated loan was in fact unregulated... and isn't covered by CCA. It's a living nightmare, I'm convinced they will then go for an order of sale, even though they say they won't. NRAM have spoken to us as though they have no control over the solicitor's actions and are being vague. I don't want them having control over this, I have a 12 year old at home who is settled and doing so well at school.. we had every intention of settling when we sell in 11 years at the end of our mortgage and have never missed a payment. I hope I can get the statements back in time to look through them and they don't delay the SAR process too much with delaying tactics. Any advice would be appreciated! And do we send one SAR with both our names, signatures etc on it, and do we ask for just the statements since 2011 or everything? Many thanks.
  7. I am having a right nightmare with Kensington mortgage company and need some much appreciated help . I had a suspended possession order granted in oct 2007 as I had lost my job at the nhs and my wife business had collapsed the suspended possession order was issued in oct 2007 for my monthly payment plus £50.00 i think i need to dig it out as it was nearly 6 years ago i will post later the exact amount I have been making payments over the last few years to Kensington but also built up massive arrears on my council tax and second secure loan with welcome finance at the mo long story short I have now cleared my 7000 pound arrears with council tax (rossendales ballifs ) april 2013 and got my arrears down to £1095 with welcome finance (was over £5000) however with doing this I have now got arrears of £20,018.46p as of 19th august 2013 with Kensington. I had an arrangement in feb ,march,april, to pay £636 (monthly payment) to Kensington of which I paid march £640.00 april £650.00 may £800 i only paid £160.00 in feb due to having several other debts elsewhere stupid of me i know !! on the 28th of april when i paid £800 i was charged arrears fee of £50 and i was told my arrangement had finished and i needed to fill in income expenditure form send bank statements in and wage slips to consider a new arrangement for may after filling in all sheets and sending in the above i offerd £636 + £64 off the arrears (£700.00 a month after 19 days i got a letter stating this had been declined and was advised to up my offer so i didn't make a payment in may as i wanted an arangement setup so i knew what i was paying i will explain later (don't want to go on but arragrements have been declined lots of other times over the past 5 years until i offered a lot more even if i couldn't afford it so im at the end of my tether and on the verge of giving up ! after clearing more debts in mid april and doing a new budget sheet i could offer £636 + an extra £200 .a month off the arrears i sent again budget form, wage slip, bank statements and again the payment proposal was declined after 16 days stating i couldn't afford the above (even tho the budget form stated i had an extra £204.00 at the end of the month ) offer as i had stated i would like to pay weekly and the computer calculates some months as 5 weeks the payment would be nearly £1000 in certain months i didn't pay anything in june as im holding onto my money incase thy issued possession which they kept stating every time i called them unless an aragement was agreed after sorting the above over the phone along with been told Kensington had inputed my child benefit of £134 into child benefit and also the same figure int family tax wrong (not £179.00 as stated on the budget form) and explaning the weekly thing i put a new proposal of £640 a month + £200 a month of my arrears which would take roughly 8 years to clear (still have 22 years on mortgage term) i advised i would start paying at the end of august and was advised the new payment proposal was affordable and would be given to the senior team (5th of august and boom i get a letter today dated 19th august stating unless i pay £20,018.46 in 7 days evershields (solicitors ) will apply to the court for the issue of a warrant of possession im holding onto my £840 incase i need to pay a rent deposit in the past i have an arrangement for 3 months pay it then it ends then seems to take 4-6 weeks to get a new arrangement i get charged £50 a month arrears fee and i can never get an arragemnt set up that's affordable they always decline 1 or 2 times until i offer a silly amount once i pay that for 3 months the same again the arrangement ends i have to update my budget forms and again charged £50 a month arrears except this time agfter 3 months arrangement they wont renew it.. please help i don't know what to do !! i called Kensington this evening and was told they sent a letter dated 15th august stating my 3rd proposal had been declined and due to previous arrangemnts not been kept and arrears building up they are seeking evection sorry for the long thread but don't know what to do regards mark
  8. This relates to a case against my daughter by a builder. She put in a defence and counterclaim. The builders claim against her was not valid and he did not abide by the Civli Procedure rules when initiating the claim. He did not respond to her counterclaim. The judge ordered a allocations hearing. My daughter was unable to attend and the reasons were accepted by the judge. She has received a General Form of Judgement Order and it states: The Particulars of Claim are struck out for non compliance. The judge further ordered that the Claimant must by a certain date file a new claim correctly other wise the claim will remain struck out. He further ordered that the defence and counter claim are stuck out unless the claimant submits a new claim and then she must submit a defence, and if advised my daughter should submit a new counter claim . The claimant has not submitted a new claim. Upon ringing the court, I was told that the claimant has not submitted a new claim and therefore the claim is definitely struck out, however I was told that she can and should submit a new counterclaim as she paid for the counterclaim and although it was submitted at the same time as the defence, it is in effect a separate claim against the claimant. She is not sure if this is correct? She is out of pocket considerably because of this builders negligence. It cost her a lot more to put right the work. If this is correct and she submits a new counterclaim, does this mean that the claimant can answer the counterclaim and start once again claiming against her? Not sure what to do, as time is running out. Thanks if anyone can clarify and help.
  9. I do not know what to do with this, I received an Interim Charging Order today, with a hearing on 2nd December. I have not defaulted on the arranged payments which are £30 per month starting 21st October, this was arranged by a Variation Order. However Capquest have put on the form that this CCJ was not payable by instalments, which must be how they got the Order. I have phoned them and they say as the £30 a month is just a token gesture they are still going for the charging order, as they say I have defaulted on the total amount. The total debt with charges after the CCJ was £1404 but now they say it has gone up to £1600. I never had a credit card with MBNA in the first place they bought Benefical Bank with whom I had the card and just kept adding on charges. The hearing is at Bradford court which is miles away, so I will not be able to attend. I always thought they could only get a Charging Order if you defaulted on the ordered payments. Can I do anything about this.
  10. Hi Just looking for a little bit of additional advice. In October 2016 I had a Debt Relief Order (DRO) which subsequently ended (Discharged?) one year later, October 2017. I recently took a look at my Credit Reports and note all but two of my creditors had stopped reporting on my files at the start of my DRO, marked a Default at time of DRO and marked my accounts as Closed and Partially Satisfied or Satisfied with a zero balance. All correct I believe. However two creditors (Barclays Partner Finance & Vanquis) had continued (up to present day) marking the accounts as Open, full balance owing and still being marked as defaulting each month. I did a little research and found out (hopefully correctly) that these accounts should be marked as closed, zero balance and Satisfied/Partially Satisfied or similar. I wrote to both companies requesting they correct my files. Vanquis, to my surprise, updated my credit files straight away and is now correct. However, Baraclys so far has not. I wrote to them in October this year giving 28 days to resolve the issue. No reply. I then wrote again to Barclays, again giving 28 days, this time via Recorded Delivery (November 2018) and had a reply they are looking into it. I received a letter today saying they are still “investigating” and I will hear in another 28 days whether it has been resolved or if they need more time. My understanding was they were supposed to resolve this within 28 days. They are now moving towards at least triple this. According to the ICO website, I will need a Final Response letter before contacting them. I am seeking an answer to find out how long should I give Barclays to resolve this simple straight forward (if my research is correct!) issue? They could theoretically keep requesting further time indefinitely. I suppose with the debts still being shown as Open Accounts, in Default monthly and still full balance owing, they could even sell these debts on (worse case scenario I know, but possible I guess).
  11. Hello all To cut a long story short had some financial issues and was taken to court by moneybarn for a return of goods order which they achieved, just received the court order in the post after a week or so but i need to know where i go from here. I have attached a copy of the order if someone could explain to me what my next steps are and im also very concerned about the £493.00 in 14 days as i do not have that kind of money many thanks steve
  12. Charity Commission intends to order a veterans charity to wind up -Afghan Heroes READ MORE HERE: https://www.gov.uk/government/news/charity-commission-intends-to-order-a-veterans-charity-to-wind-up
  13. hello all I have a charging order on my property which I am now in a position to pay off. I have written twice to the charge owner to ask for a settlement amount however they are not answering me. To get this paid off, what can I do now?
  14. CMA secures court order against viagogo READ MORE HERE: https://www.gov.uk/government/news/cma-secures-court-order-against-viagogo
  15. Hi, does anyone have any experience with EEO's? We gave the keys to a Spanish property back to the bank at the height of the crash in 2008, came back to the UK and started to rebuild, and didn't think much about it again - a "live and learn" experience. We have just had a letter from some UK lawyers acting on behalf of Banco Sabadell, with what seems to be a fairly generic letter, with a few details and some slightly strange language like "Banco Sabadell understands that your failure to make payments may have been an oversight on your part" - a 10 year oversight! They are claiming 85,000 euros which we assume is the mortgage, less proceeds of auction, plus various costs and interest. Letter gives us 2 weeks to repay in full, or respond to letter, to avoid "continued legal proceedings". The letter then suggests they may make a charging order against our UK property - "your credit rating will be affected negatively" They also suggest they will report the debt to UK credit agencies. Come to an agreement with Sabadell to repay the debt and they won't report anything to the credit agencies. And lastly they would seek a bankruptcy order to force a sale of any properties in order to recover the debt. I have read some slightly worrying things about European Enforcement Orders and how they can supposedly be used to carry out a judgement in another country in the UK without any appeal or legal intervention in the UK, providing the case in Spain was uncontested. Statutes of limitation don't seem to apply, due to (possibly unfair) contract terms in many Spanish mortgages. So, my understanding is that if the Spanish lender was granted an EEO that was uncontested, they could seek to recover debts originating in Spain by making charges against an individual's assets in the UK, including other property. I read a news clipping from 2010 where it seemed that this was happening to a couple from Wiltshire, but I can't find the result of that case. And I'm struggling to find any more examples since then. The letter seems speculative, and possibly designed to scare people into coming to payment arrangements, particularly if a number of years down the line there are people who have built up some equity again. But, it does mention an ability to make charges against assets, without mentioning any specific legal processes, which must mean an EEO, so it is slightly concerning. The irony of the Spanish banks all being complicit in inflating the property bubble and lending to anyone with a pulse, and then being bailed out is not lost on me..... cheers
  16. Good Evening I'll try and keep this short. I have been successfully defending Court claims from Lowell's with the help of this group, they usually give up when it gets to the stage where the judge tells them to supply the court and me with my cpr requests or file a properly completed claim by a certain date or the case will be struck out. Today they have sent me a curve ball for their latest claim against me. They have sent me a Tomlin Order to sign. They have not supplied all of the information they were told to supply. I'm guessing its their last ditch go at trying to scare me, they have 3 days left to supply the court with the information requested. Is it ok for me to ignore this letter? It's states that if I ignore this letter they will produce it at the hearing to prove that attendance costs could have been avoided. Thanks in advance.
  17. I'm not sure if I am in the right area, but hope someone can re-assure us we are doing the right thing. I am a leaseholder in a block of retirement apartments. Two years ago, with 100% agreement of all leaseholders in the block (70) some residents acquired RTM and after lots of visits to other blocks, and doing all the checks they could, the RTM company employed a new MA. After 12 months they decided that these new MA's were actually worse than the original ones, so they terminated the agreement after 12 months by highlighting breaches, using a solicitor. They then employed another MA who, after 12 months, appears to be extremely efficient etc. The problem we have is that the 'old' MA won't release our fund to the new MA. They promised on four occasions over a period of 5 months to hand over at the end of a month, and, to date, they have handed over approximately 30% of our funds. After 3 months, we employed a leasehold solicitor to chase the funds. We were informed that we had to know exactly how much they owed us, by virtue of audited accounts. As the MA would never issue bank statement, invoices or monthly financial updates, we cannot do this. So the legal advice was to go to court to obtain all the account documentation. This was set for a date 10 months after the contract was terminated. Two weeks before the hearing, and after yet another broken promise of transferring the funds, the MA wrote a 'without prejudice' letter saying they would hand all the funds and paperwork over but not until a week after the hearing, as it would take that long to produce the final accounts. Because of this, our solicitor advised us to adjourn the hearing as it would save the costs of going to Court. The RTM Company refused on the basis of all the previous broken promises. From that we had constant pressure from our solicitor, changing almost on a daily basis, to adjourn. These pressure varied right up to the fact that, in the solicitors opinion, the RTM Company would have to pay costs of both sides, amounting to a total of around £18,000 + VAT. There was also a request for £1,500 + VAT immediately for a barrister, suddenly required three days before the hearing. Never mentioned this before in the cost estimates. Our RTM Company was braver than I would have been - they believed that there was no way the judge would deem them unreasonable knowing all the broken promises they had received. So they still refused to adjourn the hearing. Then came a Tomlin Order, written by 'the other side', which offered all the paperwork we required, except Bank Statements and cheque books, if the hearing was adjourned. I understand from paperwork I have seen that the RTM Company still refused until a point where their own solicitor assured them that the accounts could be quantified without the Bank statements. so they agreed to accept the Tomlin Order and adjourn the hearing. Four days after the time limit set out in the Tomlin Order, some invoices and a ledger run off was received. There was also a copy of service charge accounts prepared by the company themselves, not by an accountant. on looking at these documents, half the invoices were missing and there was not information regarding income to the service charge account or the reserve funds. We are now up to date ..... Our solicitor is now telling us we need to go back to Court to ask the Court to order the MA to obey the Tomlin Order. The RTM has explained to the rest of us leaseholders that they are in dispute with the solicitor as they believe all this will do is allow the MA to break it again and again, and they would have to take it back to the Court time and time again. There seems to be no penalty on the MA for breaking what they believe was an official Court order. the solicitor ignores their request for an explanation, and continues to talk in language that doesn't mean anything (according to the RTM) The RTM is asking for support to change the solicitor at this stage. They want to take the MA to Court for theft as they say simply that it is our money and someone wont give it us back. They want to find a solicitor who would do this for us. A number of leaseholders (who as a reminder are retired) don't really understand what is happening and are extremely concerned and upset that for (now) 12 months we have not been able to correctly manage the block and it is beginning to look a mess, reducing the value of our flats. Can anyone please advise what they would do in our position?
  18. Hi all, When I got my payslip for October, there was an Attachment Order on it which took a significant amount of money from my wage. I knew nothing about this attachment order prior to receiving my payslip. I spoke to our payroll provider who told me it was put on by the County Magistrates. The payroll eventually provided me with the paperwork sent to them by the court. This appertains to a person with the same name, D.O.B and had my N.I. number and payroll number on it - the only thing that didn't match was the address which is in a town some 20 miles away that I have never had any association with. I have spoken to the Court in question, who are currently looking into it although they were very sure they had the right person. The court say the attachment order letter was sent to the address in question and was returned as 'not know at this address'. I have been told the matter is for a court case in 2017 which was for 'Failure to Comply With an Environmental Order'. This is something I have definitely not been involved in. I'm being made to feel like I have to prove my own innocence but am struggling at how I can do that as they seem to have all my details. EIther somebody has been completely brazen and gone to court pretending to be me or somewhere in the court system, there has been an enormous clerical error... I'm going to consult a Solicitor on Monday morning to discuss my options as this is definately nothing to do with me and because of this, I have been unable to meet my monthly financial obligations. Does anybody have any ideas where I can go with this?? I'm at my wits end...
  19. Just noticed marketing emails coming back in from house of fraser. After everything that has been happening, i'm not sure if I should order again. Anyone recently purchase anything from HOF, and did you have problems?
  20. Hi, I have received an n24 form “general form of judgment or order”. It states that point 1, it is ordered that judgment for the sum of £1450 and interest to date of £92.08 plus various fixed costs and hearing fee. Total £1964.50. Point 2 states that the court have assessed additional costs claimed .....”and such costs we summarily assessed at £700.00”. Point 3. Above sums to be paid by 4pm on 16/11\18 Dated 26th October Hoping someone can help me understand this. I did try to settle out of court, but the claimaint was seeking an additional £700 (which would have meant £1400 in total over and above judgment amount) in costs. I was advised to let the court decide on this, and in doing so they have assessed the costs at £700. What I really need help on is the fact that I thought I would have 28 days to pay the judgment sum in point 1, but this form is suggesting that all monies including costs have to be paid by the 16th at 4pm. Have I understood this correctly? Or is it the costs awarded in point 2 that have to be paid by then and I would still have until 28 days after judgment to clear the judgment sum? Thank you very much for your help.
  21. looking for help and guidance re a Capital contribution order for Legal Aid being collected by Rossendales. In 2011 a friend and his partner were arrested for fraud both were co-defendants and both pleaded guilty at first hearing. As part of the criminal proceedings in October 2011, a restraining order was issued from Taunton Crown Court, freezing the assets and including the house. After conviction in April 2017, a Confiscation order was made under the Proceeds of crime act and the house was sold to pay. POCA was for £27k for party A and 260k for party B. on 28th August 2018 Party A received a letter from Rossendales stating a capital contribution order. It has stated the amount is £53697.11 and given 28 days to pay. This is broken own as Final defence costs of £57172.11 and disposable capital of £209185.44. they have stated that his is the equity in the house minus £30k. However, from the Criminal Defence Service (contribution orders) Regulations 2009 reg 17 where an individual is restrained from dealing with a capital resource, the assessing authority shall disregard that resource, and as property was sold under a confiscation order, the monies being paid directly to the court to clear the POCA and the balance then returned. under reg 26 of the CDSR there is no liability Rossendales were informed of this by letter dated 4th September, a reponse was received dated 13th Sept stating they were not made aware of the restraining order and confiscation order, proof of such must be given and then a review will be undertaken. A copy of the letter was also sent to the Legal Aid Agency, to which a similar response was received. The relevant documents have been requested from the CPS and they have acknowledged and will send them next week. today a letter has been received from Rossendale with a heading NOTICE OF INTENTION TO ENFORCE CONTRIBUTIONS ORDER this states that if payment is not made in 7 days they WILL make an application to the court to take enforcement action. Can anyone advise re this last letter, please? My understanding is that as the amount in dispute then proceedings should be frozen until it is resolved. As it stands, by calculations the Contribution order will be assessed as below the £30k and therefore struck. the timings given appear unreasonable, to say the least, and Biffin Ltd v HMRC appears to give guidance on the matter. Any other advice would be much appreciated. sorry if ive done this wrong, but the rest of the documents ross1.pdf 2018_09_28 23_57 Office Lens.pdf own reply1.pdf ross2.pdf ross3.pdf rossnip1.pdf rossreply1.pdf rossreply2.pdf
  22. Hi I am looking for some help... I own a property with my daughter. We have a 75% mortgage and a 25% loan from Redrow that is due to be paid next year (10 years interest free) I am not working, on ESA with no prospect of a return to work. I have a final charging order on my share of the property. We have been trying to negotiate with the solicitors who have the charging order to pay this at a reduced rate as there is no equity in the property, actually 15K less than we paid. My daughter wants to pay it and move the mortgage to her name and pay the redrow loan. She now earns enough to do this. Solicitors won't accept a lower amount which means my daughter can't remortgage. Our relationship has broken down and it's vital I move, I also need an adapted property. Is there any way to take it back to court and ask for this to be lifted and made unsecure or get the judge to order a lower settlement. They have £3k in fees added from the original £8.5k to £11.8k Anyone know if there is anyone I can talk to about this? thanks for your help
  23. Hi All, I have recently (in the last two days) been subject to a second hearing for possession of my home by Swift Advances. We've had two hearings. First hearing the CC judge ordered that we investigate the excessive interest on our account and get clear explanation from Swift as to why they have charged an account management fee every month since the year 2007 to date--totalling £5267.00. We investigated to the best of our affordability to no avail. However, Swift advances made a statement over the phone to me (i quote) "We at Swift will never charge you a fee as long as you make a payment on the account" this obviously is not the case. The judge at this first hearing was utterly confused how a £31000 loan can now be worth £52000 even after paying monthly for the best part of the last 10 years. She challenged Swift's Solicitor asking him how they can justify a loan that can never be paid back within the remaining terms...he had no comment. Hence her adjourning the case for 30 days to allow us to investigate. Second hearing the judge still not satisfied with our investigation into the charges and the lack of knowledge of the charges from Swifts solicitor...has DENIED their possession order against us. Stating it was unfair on their part. We have now contacted the FOS with the case and are seeking further legal advice to hopefully get all the charges rescinded. You never know they may even force the close of the loan due to swift advances treating us unfairly in accordance with COBS. Watch this space!!!!!!!!!
  24. Hi all, I wonder if there is anyone that could advise me in a pressing matter. Below are the details: Myself and two others held a lease for a commercial property between June 2012 to June 2017. In 2015 upon the breakdown of the business we had agreed with the landlord to surrender the lease and hand back the keys. The keys were handed back amicably however we were foolish in not signing any documents and neither was any provided or suggested. Until this time all business rates had been paid and settled. In the last two weeks a letter was received at my parental home (where i resided at the time but have not been for the last few years) about a liability order that had been at the Mags Court. This letter was handed to me via a family member and this is the first instance were i learnt about any of this issue. I immediately called the local council and told them the facts who had informed me that the landlord had informed them that we were liable for the business rate payments for the period of August 2015 until June 2017 (beginning the the circa when the keys were handed back and end of the original lease) I advised the council that the lease was surrendered upon agreement with the landlord and there was no paperwork besdies WhatsApp messages providing undoubtable proof that there was an agreement and the keys were given back to such extent the landlord requested the keys so that he could put it back on the market. I sent the council copies of the WhatsApp messages to review and explained the circumstances. They did not respond to this. Earlier this week, a family member called me to inform me that an Enforcement Agent had visited my parental address looking for me. The Enforcement Agent was informed that i do not live at the address - he spoke to a 15 year old 'minor' and left some correspondence. I was supplied with this Enforcement Notice and proceeded to call the Agent informing him that i did not reside at that address and asked him why he had spoken to a child to which he replied he was not aware and then claimed that this is the address that they have. I complained and asked him why a sensitive piece of correspondence was left in the knowledge that i did not reside there and i currently have no fixed abode. I also questioned him on their registration with the Information Commissioner (i am a Data Protection expert) and noticed that the company Onesource was not registered and in a number of places are non-compliant with Data Protection regs - he immediately hung up. I proceeded to contact the business rate team and asked them if they had reviewed the WhatsApp messages to which they replied they had not but would not review them as they do not think it is sufficient but asked me to speak to the landlord and get some documentation. Having spoken to the landlord he refused to acknowledge that we had agreed to terminate the lease and would not speak further. However, upon reading 'implied surrender' there is no doubt that the nature of the messages provide outline that 'the agreement is inconsistent with the continuation of the lease' as such there is an 'implied surrender'. I again messaged the council and asked them review the messages as there is no prescribed method for an 'implied surrender' if they are not able to do so then they should escalate. This is all in addition to a notice to the Information Commisioner with regards to the data processing activities which are non-compliant and subject to substantial fines. My family members at my parental home (whom i have little contact besides a younger family member) are as far as i am aware working on a Statutory Declartion to advise the council and enforcment agent of my non-residence. I did not receive any correspondence from the council or courts as i do not live at the address and any that was sent there was likely returned or destroyed - i do not know. I have tenancy agreements for residences that i resided over the last few years but do not want to provide them. As mentioned at this time, i am living with some friends and couch surfing whilst i find a place to rent. I have not assets or cars or anything of substantial value - not even a TV in my name. Additionally, I am no longer in touch with my business partners and do not know exactly where they live. They only have my address. The business was run under a Ltd company (now dissolved) but the lease and business rate were in individual names. Is there a way to appeal to the courts? or the council? What are my options? I would appreciate any advise you can give me.
  25. Hello Try to be brief. had a ltd company back in 2005 with an overdraft linked with a personal guarantee. The company is now dissolved and Lloyds obtained a CCJ against me for the bank overdraft of £7900. I did not know about this until I searched Land Registry and saw a charging order on the property. The charging order was dated 2009 I contacted Lloyds who inform me that they no longer have the debt as they sold it and passed liability first to Hillsden and then to Cabot and lloyds. I have requested from lloyds all the copies of the original loan details, Ts&Cs etc. They have refused to pass on these documents as i am "Not Entltled" to these documents as the company does not exist. I have had no communication or updates from Cabot. Lloyds say that I must ask Cabot to release the charging order although in the name of Lloyds. Is all this correct? Any advice appreciated
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