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  1. The following is an extract of the news report published in the Guardian: https://www.theguardian.com/media/2018/feb/22/couple-filmed-evicted-channel-5-tv-show-win-damages-high-court
  2. How does a DRO effect a CCJ? If you get a DRO is the CCJ considered as well?
  3. Charity Commission orders military charity to wind up - 1st Knight Military Charity READ MORE HERE: https://www.gov.uk/government/news/charity-commission-orders-military-charity-to-wind-up
  4. I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site?
  5. Hello all and hope this is in the right area for posting this...if not I can remove and repost if directed, thanks. Ok here we go...the sob story....I have had my head in the sand about all my debts for years, mostly from losing my job in 2009, family loss before and after and some health issues since but none of that really matters as the ball keeps rolling...so to now! Where having had Land Registry contact me (a second time) with regards to both a RESTRICTION & an AGREED NOTICE (for 2 separate debts), it is clear that this cannot continue so I have to do something about it, so if anyone can give me some advice or point me in the right direction of what I can/should do then I would greatly appreciate it! Not sure about how much info you need but will provide as much as possible, in as concise a way I can (I am able to scan any of the documents I refer to herein if needed). Debt 1: £3018.44 (inc. costs/interest/fines) Original Creditor: Halifax Original Loan Date: This was a bank account and monies owed is overdraft Original Loan Amount: £2000 (overdraft limit) Debt Company(s): Cabot Solicitor(s): Mortimer & Clarke Date of Land Registry contact: 27/06/18 Action of Land Registry: Document B132 ‐ ENTRY OF AN AGREED NOTICE Notes: I have no old bank account documents from Halifax but can always request them? Not sure if that is possible... Have previously made payments (of £1 & £10 an agreed payment plan) but no payments made for over 6/7 years Debt 2: £8501.21 (inc. costs/interest/fines) Original Creditor: Northern Rock Original Loan Date: 2007/2008 Original Loan Amount: £7000 Debt Company(s): HPH2 EX SANDTANDER UK PLC, Robinsons, Hoist Portfolio (which is also the same company as HPH2...I think) Solicitor(s): Howard Cohen Date of Land Registry contact: 24/08/17 Action of Land Registry: Document B136 (CO) ‐ AN APPLICATION TO REGISTER A RESTRICTION AGAINST THE LAND Notes: The original creditor loan was taken out with Northern Rock but I do not have any of the old documents Not sure of the exact date that I took out this loan but think it was at the end of 2007 early 2008 I have not made payments to them for over 6/7 years but their documentation states £0 paid at all ‐ I would have to request old bank statements to confirm Guess the question is can I do anything about having these removed? Are the debts still enforceable? Should I ask the Debt Companies for the date of the original loans? I think they got the charging orders in before the end of the 6 year period for collection (not that I was playing it that way just from what I have read recently. Can I still ask them to provide proof of debt? i understand that it is a horse bolted situation but even if it is to go back and work out a payment plan etc then so be it and I am not sure I am even asking the right questions. Ideally I just want to get this straight and cut the worry about losing my house and find a way to become debt free! Really, any advice given is sorely needed. If you need more info about the situation or about me then please ask. Thank you, Bob
  6. Hi all, We have a joint judgement against a builder and his ltd company (company A). He took the money, disappeared, due his commitment with the Army as he claimed and never got back. He did not defend the claim, and has since tried to enter into IVA, as he acquired a large amount of debt in the course of last year. It seems he hasn't been paying any of the suppliers or providers of services. He says in his IVA proposal that he is planning to close his ltd company and now working a a sole trader. We know that he has since registered another company (company B) on his father's name and we believe that he bought expensive machinery (i.e. digger and dumper). We rejected his IVA proposal, as the information provided was incorrect and it did not seem to guarantee any future payments. We would like to get a court order for questioning, but think that he will just come up with his current bank statements showing 0 balances. He doesn't have anything registered on his name either. Can we ask the court to demand historic statements from his accounts to see where the money that we paid disappeared, so we can possibly connect it to the newly established company? Can we ask to see registration details of the other vehicles in the household and see what name they are registered in? And also ask for prove of purchase by other family members? Also, if he claimed to be away with the Army, can we ask for proof of termination of employment? What we would like to see really, is not so much his current state of affairs, but what was going on for the last year when he acquired these large debts, i.e. we particularly wanted to see how he spent the money that we paid him and also try establish if there are any newly acquired assets in his father or other family member and how they paid for it. I have prepared a list of questions. Would it be OK to post them here for advice? Also, I have come across a thread on some forum, where they say that the debtor still showed up in court without any documents and the court has accepted his words. Is this really possible? Can the court refuse you to attend the questioning if you ask for it? Can I record the questioning session? We have reported this for fraud investigation, but it is taking ages and nobody seems to be doing anything with it. Many thanks for your help
  7. Car parts boss banned after failing to deliver customers’ orders READ MORE HERE: https://www.gov.uk/government/news/car-parts-boss-banned-after-failing-to-deliver-customers-orders
  8. Hi, my mother had a CCJ awarded against her (2 years ago) for an x-partners debt taken out in her name, she had a a suitcase full of proof in her favor that it wasn't hers to pay yet the judge took the side of the debt agency and issued the judgement. She has refused to pay and after several threatening letters over the past 2 years, a change of tactics letter was sent in the form of a "Third Part Debt Order". I have informed her to what that is but am curious? Are they allowed to freeze a UK ISA? or is is only the bank account (assuming the judge awards this). Thank you
  9. Hello! I went to court with my neighbour over a land dispute. I had to withdraw from the trial because I am deaf and the audio loop wasn't working, but the Judge refused to adjourn... This is probably a whole other area, however, the neighbour was awarded costs of £23k and has now placed an Interim Charging Order on our jointly mortgaged house. My husband is not the debtor. I want to know if I can argue that the Award is unfair, not just because of what happened in court, but also because it includes a 100% success fee, which I feel they are not entitled to because I did not receive the Part 36 Offer which the neighbour's lawyers said they sent to me prior to trial. They are unable to prove I received it as they only sent by first class post. The hearing to decide whether the Charging Order is to be made final is in August, and I wonder if anyone can advise what I should do if I wish to object to the award for costs. My husband will object to the Charging Order. What argument should he provide, please? There is little equity in the property, as there is a lot of work which needs doing, including subsidence. The Judge was biased and failed to adjourn when it was discovered that the Audio Loop necessary for me to participate in the Trial, was not working. He instructed the room to shout and speak slowly for my benefit. None did as they were all the opponents witnesses. All of what they said under cross examination was of no consequence. I entered into litigation after much studying, and was confident of success. What went wrong? I am now being taken to court by my opponent for his costs.. £23k.. He is trying for a Charging Order, too.
  10. The property has always been let to tenants using a letting agent. Local authority are always informed of tenants who rent the property. The tenants are always instructed to register for council tax and household utilities. Between 2015 – 2016, the property was let to a tenant who was in receipt of both housing benefit and council benefit. I’ve since found out that the local authority have managed to obtain liability orders and a charging order for non-payment of council tax for the same period, between 2015 - 2016. If the outstanding £1,600 council tax arrears are not paid then the local authority will force the sale of the property. This does not seem fair or correct. The local authority refuse to speak to me directly. I have asked the local authority to show me that they followed the correct process. I have also made an identity theft report to the police because the local authority have associated my name to properties which I have never lived at or have no knowledge of.
  11. I started an important thread earlier today concerning a recent court judgment where a debtor was ordered to pay £7,000 in costs after losing his claim against Harrow Council and their agent; Newlyn. The background and Judgment can be read by way of the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?477808-Paying-the-creditor-direct-to-avoid-paying-bailiff-fees-has-landed-a-debtor-with-a-%A37-000-cost-order.(32-Viewing)-nbsp To ensure that the original thread does not go 'off topic', discussions about the judgment can be posted here.
  12. http://www.spanglefish.com/sugarandspicetheshop/index.asp?pageid=609834 I ordered wool from the above web site, have before and had no problems, contacted them via their FB page as I had not received the wool and got this reply...... Sugar & Spice Yarns Chat conversation start 09:41 Hi, I ordered some yarn from you on the 27th December can you please tell me if its been posted out please? Hi i don`t do the yarn anymore sorry and haven`t received any orders since last summer. O ordered from the website This person isn't receiving messages from you at the moment. They have also just closed the facebook page as well! I can not find any contact details other than via FB on the website
  13. I have a charge order placed on my house by Bristol & Wessex Water for £1800. They recently sent me a letter stating that if I don't pay the full amount they will be taking legal action and apply for an order for sale. I then will be sent an order to vacate my property within 28 days. My house is owned outright with no mortgage and currently valued around £200K. I am living on a small private pension with no chance of paying back the debt. I went to the CAB who told me that I will end up homeless and living on the streets as there is no social housing available for single men. The Water company placed a CCJ on my credit record so it's impossible for me to borrow money to pay back the debt and keep my house. I could never understand why there were homeless people on the streets, but I do now. I will be joining them soon. What an idiot I was buying a house. If I had a council house I would have nothing to worry about and a safe roof over my head. I know a chap near here who lives in a housing association bungalow. He owes banks £73k and will not end up homeless. Comments welcome.
  14. Myself and wife have a number of long standing liability orders outstanding with our local authority in relation to council tax. These mainly come about due to our sons illness and our own subsequent illness from a car accident 6 years ago. We have never refused to pay, but cannot in anyway afford to pay the ridiculous amounts our authority is asking. To further complicate this my wife has made two attempts on her life in the last 9 months, I believe if this goes to Bailiffs I am fearful she will finally carry out what she has attempted over the last 9 months. Her GPS and Psychologist are aware of her mental fragility. We have been trying without success to get our local authority to deduct these liability orders from our benefits, however they refuse to even when considering my wife's vulnerability. My question is there any way of getting these liability orders back to a judge so he can make the decision to attach to our benefits. We need these attaching to our benefits so I can assist my wife getting the mental treatment she requires without the stress of her wanting to end her life when Bailiffs turn up. Trust me when I say we have tried everything over the past two years, even the Local Government Ombudsman ruled in our favour two years ago. So what did the council do absolutely nothing for 20 months only to start their abusive process again in the last 2 weeks. I think the court is the only body able to bring this matter to a close.
  15. A few days ago a vitally important judgment was released concerning (once again) the matter of Liability Order 'costs'. This particular case was an appeal and was heard in the High Court but unlike in the recent case of the Reverend Nicolson, this particular local authority (East Northamptonshire District Council) had prepared a schedule of standardised costs of the type encouraged by Judge Andrews in the Reverend's case (paragraph 46). The claimant; Edward Williams represented himself and his appeal concerned (amongst other points) the following: One: That the summons served was an abuse of process because within it, it included an amount of costs (£75). He contended that the Regulations make no provision for the summons to include an amount by way of costs and that costs could only become due once, and if, a liability order were made Two: That including the amount of costs on the face of the summons was an abuse because it was an unlawful demand for money which the local authority had no right to make at that time. He contended that the costs were not due and owing at the date of the summons . He pointed out that the complaint on which the summons was based made no reference to the costs of £75. He submitted that it was an unfair manipulation of the Court process to include an amount for costs on the face of the summons, particularly when the only real summons cost was £3. He suggested that the recipient of a summons would be misled into believing that the costs of £75 were fixed and could not be debated or challenged. Three: He wanted to appeal the earlier decision regarding the sum of £75 and whether the costs had been 'reasonably incurred'. Most importantly; (and this is of significance to all local authorities who had been waiting for this case to be heard), Mr Williams considered that when compiling a schedule of costs, East Northamptonshire Council were wrong to include figures for: Information and Technology costs. Chip and Pin costs. Pension deficit funding.
  16. I would like advice please. The problem goes back some years. To 2008 relating to a personal loan from the co operative bank. A large loan of over 10k. I got a ccj and then an interim charging order and soon after a final charging order. However I was away as all this happened. I went to court and gave my side of the story. the judge set aside the original interim charging order. However what about the final one? As nothing shows on the land registry. I haven't heard from the bank again it's now 8 years on? Thanks everyone
  17. With over 3.5 million Liability Orders being issued each year for arrears of council tax, this new thread is of huge importance as the following proposal from the government will affect many thousands of council tax payers. For this reason I would hope that the moderators will allow this thread to remain on the main section of the forum for a few days before transferring it to the new 'bailiff discussion' section. Today the Department for Communities and Local Government (DCLG) announced that they have issued a Consultation paper regarding proposals to extend the data sharing facility with HMRC to enable them to share data pertaining to higher income debtors. The purpose of which is to enable the local authority to make an attachment of earnings order against the debtors employer.
  18. Tesco is to charge customers for click and collect orders through its Direct arm costing less than £30 The supermarket giant, will introduce the £2 fee on Tesco Direct orders on 2 February. It already has a £4 charge for grocery shops below £40 which are ordered online and collected in store. In July, John Lewis introduced a similar charge for orders collected in its stores and in branches of Waitrose. http://www.theguardian.com/money/2016/jan/06/tesco-direct-charge-click-and-collect-orders
  19. Morning A friend of mine is having a multitude of issues with her local council mainly due to not disclosing changes of circumstances leading to overpayments of housing benefit and council tax benefit. This is just for the council tax. In the first instance, her local council did a recalculation of benefits after I got involved but for the years 2013-14 they have presented a bill for nearly £500. After some communication with them, they have stated that they will not be able to agree a payment arrangement until a liability order is in place. In this area, a LO adds another £75 to the bill. Surely they should be willing to enter negotiations before it gets anywhere near a court?? Another small(ish) issue was that the council sent her a final notice for her 2014-15 demanding full payment within 7 days except they posted the letter out via a third party and I got the letter with 2 days to spare. They threatened to get a liability order which would incur another £75 for a debt totalling less than £12. Surely they should not have done this! Complaint letter done and will be posted later
  20. The council has recently put double yellow lines down near me. Do they need a TRO to be able to enforce them, by issuing a parking ticket? If so, how do I find out if a TRO is in place? Is there somewhere on the internet where I can search for them? Thanks
  21. I am horrified to read this article: http://www.credittoday.co.uk/article/18022/online-news/government-calls-for-views-to-improve-council-tax-debt-recovery- In it, Barrie Minney, senior enforcement manager at Brighton & Hove City Council and chairman of the Local Authority Civil Enforcement Forum (LACEF) states the following: Given his position, this is a crassly idiotic statement. Every liability order issued should be registered as a CCJ. Is this man for real? Let's think through this. Last year, the generally accepted figure for the number of LO's issued for Council Tax is 3.5 million (3500000). The population of England and Wales is approximately 56 million. So you are talking about 6.25% of the population receiving a CCJ, making them uncreditworthy in just one year. Extrapolate that over say five years and the country will be in a position where about 3% of the population will have multiple CCJ's against them, about 15% will have a single CCJ against them - that's 18% of the population, round it up to 20%. If 20% of the population are unable to get normal credit, mortgages, to let a house (often involves a credit check nowadays), to access many forms of employment, there will be chaos. Barrie Minney, who holds a senior position at Brighton and Hove City Council, and Chairs LACEF thinks it's a good idea to bring the country to its knees. Why? Because he appears to want to see debtors suffer. He wants to see them really pay for hitting on hard times, being vulnerable, having mental health problems, losing their job, leaving university and learning the reality of living in 'the real world' - plenty of these will be students; the list is almost endless. This man appears to have lost his mind. Certainly if I were in charge of Brighton and Hove Council, I would be looking closely at this very public statement and asking whether this man was really the right one to be doing the job he does. Should he be chairing LACEF and trying to convince other local authorities this is a good idea? In my opinion he should not. We haven't even considered LO's issued for non-domestic rates here. Add those into the equation and the situation becomes even more crazy. Businesses unable to get credit, on which most of course rely, is not a good idea. In fact, in my opinion it ranks amongst the most bizarre statements I've read about regarding enforcement issues. This is madness beyond belief. Trade in the UK will die as even subprime credit struggles to keep up with demand from the majority of the population and the vast number of businesses who now have CCJ's, so cannot access normal lines of credit. Prices will rocket. Inflation will go sky high. Come on Barrie - you need to admit to a mistake here. Not only are you reinforcing the picture of a stereotypical bailiff who really gets pleasure in seeing anyone they can suffer, but you are single handedly trying to bring the country to its knees. Even more scary, given your position, is the fact your word counts for a lot. There is a possibility you might achieve this unless enough people speak up against what you are proposing.
  22. Received a computer generated letter from Halifax stating that as my monthly S/O to pay my rent had been returned they were going to add to their extortionate profit pocket and charge me £10 for doing sweet nothing. So I looked at the online banking, to see that my S/O had been set up to pay four weekly? Strange as I had set it up to pay on the 25th of every month, I had never seen this 'four week' option in the drop down menu before. So I changed it to pay on the 25th of the month thereafter, thinking it may well have been a genuine mistake on my part? (fat fingers!) Then looked at the letter, which claims it tried to pay on the 19th of the month, so checked my on-line statement, which showed it had in fact been paid on the 25th, and a little further down it showed the 19th failed payment. A bit peeved, but in the grand scheme of things a tenner is nothing compared to ten years ago when I owed considerably more than that! Checked my on-line statement again the day after, and lo and behold, the standing order date had changed AGAIN! to the 26th of the month, and there was no record of the failed payment on the 19th?? Done the obvious and changed the PW, but it can only be an issue with the bank, as they're surely the only ones with the facility to change the bank statement?
  23. Hi All Quick question. I had a DRO years ago, and during the one year of the DRO I took out a PDL for £200. Is that against the rules? From what I can see, I only had to tell them if it was £500 or over? I ask as I am trying to claim back from a lender, but do not want to drop myself in it..
  24. Amazon do get some stick at times with their delivery charges and trying to get you to sign up to Amazon Prime, but this time i paying them a compliment I have just ordered a TV wall bracket and paid with my debit card. I also have a cash-plus pre-paid registered as well. Payment was made against my debit card by default. Shock horror, i should have changed it to the pre-paid master card as i have a direct debit going out tomorrow I have just found out Amazon do not debit or put a restriction on your card until the item has been dispatched in case people change their minds and wish to cancel their orders Way to go Amazon and i have just cancelled with no issues and re-ordered with the correct card details
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