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  1. 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...
  2. This may be of interest to those reading this forum. The Supreme Court handed down Judgment last week in the case of Barton v Wright Hassall LLP. Barton was a Litigant in Person bringing a professional negligence claim against Wright Hassall, who themselves were represented by BLM. Barton had been in contact with BLM pre-issue by email. As limitation was approaching he issued, and then just at the end of the 4 month time limit, served his proceedings by email on BLM (having opted to do this himself rather than letting the Court serve). BLM a couple of weeks later, advised that they had not permitted him to serve by email, and that the proceedings were therefore not served. This meant he was out of time to re-serve the same proceedings. Unfortunately he was also then statute barred from issuing another claim. Barton argued that as BLM were corresponding with him by email, this was an indication that they would accept service by this method. BLM contented that the Civil Procedure Rules were clear, and that they had not given permission to serve by email. The Supreme Court ruled in Wright Hassall's favour. A bit of a warning that the CPR will not be applied differently to unrepresented parties, and furthermore, that a represented opponent has no obligation to raise such issues and notify the unrepresented party of any breaches - see paragraph 22 of the Judgment (available on the Supreme Court's website): "Even on the assumption that they realised that service was invalid in time to warn him to re-serve properly or begin a fresh claim within the limitation period, they were under no duty to give him advice of this kind. Nor could they properly have done so without taking their client’s instructions and advising them that the result might be to deprive them of a limitation defence. It is hardly conceivable that in those circumstances the client would have authorised it." There are a good bunch of people here to help on this forum, to avoid situations like that Mr Barton found himself in.
  3. In September 2016, the government set up the HMCTS Historic Debt Team as a pilot scheme to recover outstanding court fines that had remained unpaid for a period of up to 10 years. In many cases, the reason for the fines not being recovered had been due to individuals moving address etc. In March 2017, the government announced that since its launch, the HMCTS National Compliance and Enforcement Service had recovered ‘significant sums’ and as a consequence; the Historic Debt Team expanded their tracing activities to recover outstanding court fines over 10 years old. Every day I receive at least half a dozen enquiries about an 'historic' fine and with far better computer technology at the courts, it is actually very easy to make enquiries about the fine etc and in many cases, an application can be made to the court for a Section 14 Statutory Declaration. Should I pay or make a Section 14 Statutory Declaration? Given that the majority of court fines from the HMCTS Historic Debt Team may go back many years, many people have little or no supporting documentation available and are naturally worried about the prospect of applying for a Section 14 Statutory Declaration and instead, decide to pay the amount requested in order to conclude the matter. This is perfectly understandable. Is there a time limit for making a Section 14 Statutory Declaration: An application for a Section 14 Statutory Declaration must be made within 21 days of you becoming aware of the court fine. PS: And despite inaccurate internet advice, it is not 21 days from becoming aware that a Statutory Declaration is on option !! Can I send a sworn Section 14 Statutory Declaration to the court (or the Historic Debt Team) by recorded delivery? No you cannot...most Magistrates court will reject your application and advise you that you must make an appointment and attend court in person ......(continued on the following post).
  4. Hi. I want to find my missing cousin. He left his house with limited money, clothing and ran of with his wife. Shes the devil. now issue is he does have history of some mental stability, so we can say depression and few other issues. HOWEVER not enough to convince the police to start a man hunt. Now most companies are saying £200 or around about to find him. HOWEVER they wont tell us where he is, however they are willing to speak with him and give him contact numbers, emails and request him to make contract. £200 is not an issue. what i want to know is there any tools i can use to find out where he is and also how do i get them or any private investigation team to give me his contact or residence address. 27/12/2017 his grandma died. His dad who looked after her for 60 odd years is in a bad way. there are a lot of finance and other aspects which we need him for. we are 90% sure of where he can be however we cant just go in. if i can have the tools to trace and find him would be the best. also how do i make sure i am not going to get ripped off by these companies? Ali
  5. The following is taken from the Law Gazette website: https://www.lawgazette.co.uk/news/supreme-court-ruling-on-litigants-in-person-could-redraw-cpr/5063855.article
  6. To quote from Thames Water on their Assessed Household Charge Now I was assessed in late 2008 and placed in band 1 and have been billed band 1 ever since. Only recently did I discover that the single rate also exists so have applied for it and been accepted. Now luckily I have a copy of my original meter assessment form (completed and signed on the day of my assessment) which states on it 1 bed 1 person.......... I can't remember a bill or leaflet that advertised that they had brought in a lower rate I was eligible for or I would have applied for it. So the question is since they had the information that I was eligible and failed to adequately advertise the change to me........ Would this be worth pursuing? I know with benefits etc that them having the information but not applying that to future changes is an easy win at appeal but what about this scenario with Thames Water? It could mean a refund of around £700
  7. Hello Everyone! As referenced in the thread title , can anyone confirm what happens to a persons credit file after they die please? Is the file deleted or what? All comments welcome! Thanks tedney
  8. I had a guy who had worked for me for 5 years. He came to me begging in December for a house to stay in. I helped the guy out by giving him a house that I owned. Cut a long story short he kept the money from the benefit payments telling me lies after lies. I managed to get a court order to evict him. But he still owes me £4000 which I have no chance of seeing. This has sent me in financial difficulties trying to cover the mortgage shortfall. The court ordered him to pay the full amount which he has not. I would really like to get the money off him. I know he works full time but found out later he is claiming housing benefit. He must not be declaring his entire income which will make it hard for me to get the money right? Any help would be appreciated.
  9. good evening. I look after my mum and she had a medical this past week and my question is for if she fails her medical and am caring for even though she has PIP and she is on ESA I think it is also am I still Entitled to be her carer and still be my job and still get my Carer Allowance if they had sense when looking at her issues and problems that she will never be fit for work and she won't get any better simple as that. if anyone can respond to my question would be great thanks.
  10. Hi, I'm a single expat (this is starting like a lonely hearts advert! ) but, I still own a house in the UK which I rent out. Currently it's empty and I've been paying council tax. I applied for the single person discount but it was denied on the basis that I was a landlord. However, I assume this is normally done on the basis that you are getting single person discount on the property you live in elsewhere. In this case that does not apply to me because I live abroad and am not getting single person discount on any other UK property. The property in question will be nominated as my main home for capital gains if I sell it and was my last residence in the UK. Do I have a case for disputing the denial of single person discount with the tribunal? I've email the council several times disputing their original decision and they have not replied. The council in question is Brighton.
  11. Today 07/01/2017 my partner and i had a visit from a marston holdings bailiff demanding payment from my partners daughter who no longer lives with us and is not on electoral register and proceeded to show him our tenancy agreement and that she has not lived here for over four years since going to university. None of us at the address is named on the so called court order which he would not confirm also we have not had any notice that any enforcement agent would be visiting. As the person on the enforcement notice was not in residence we informed him that he was allowed to demand payment or remove goods he was insistent to the point of bullying saying he had the right to do what he wants and seize any cars or goods my partner and her second daughter and her granddaughter 8 years was getting upset frightened and angry still he would not go and my partner was at the point of handing over her cameras to him until he said he would allow 10% of what they cost new to which i got angry and insisted he leave but he was fueling an disagreement between my partner and i to the point i angrily and under duress i paid on my credit card. This agent had proof that she no longer lived at this address and turns out no longer owned the car and was paying said penalty notice. Take note Marston's agents do not take notice of their legal limitations and will do anything to take money off innocent people we did not incur the debt but will hound anyone to get payment.:mad2:
  12. Please can anyone advise me on Council Tax single person discount. I'm living with my 2 children. My eldest moved out Sept 2015. In Sept this year the council started taking 50% increase on the amount Ive been paying. They had an old letter that stated my eldest child was on a college course until Aug 16 (when in fact she had moved out a year prior to this). I notified the council that she wasn't living here and not to take another inflated payment from my account as I wasn't in a position to cover this. Initially I got a reply within 3 days to advise about the letter being the reason they had increased the amount taken. I replied, all done by email to state that categorically I was the only adult living at the house and needed single person discount applying. Then one evening during a particularly manic tea time, a woman called at the door, I was in the middle of taking a phone call at the time. She waved a paper under my nose and asked if the electoral listing was correct. I said no, my daughter wasn't living here she was at University and living in another city. The woman said it was ok, this was just for the purposes of a vote, did I want her to have one? I said I did. I emailed the council and told them about this and clarified that she didn't live here and asked again for them not to take another payment. I heard nothing from them for 26 days (they state a reply within 28) which seemed odd since all my previous emails had been replied to within a week. This also meant that another payment had then been taken. Ive had a reply to say that while my daughter is at university she is deemed to live with me and I needed to provide a certificate to say what course she was on and the dates. Is this regular? She doesn't live here. She doesn't live in student accommodation, she has her own housing contract and she very definitely doesn't live here. I wanted to challenge this but TBH in order to resolve it quickly and prevent further payments being taken I asked her to get a certificate and sent it off. I have now received another letter so say that this isn't the correct certificate (even though its an official notification from the uni with the course dates which is what I was told I needed). This all feels like a total runaround. I'm not sure what I should do, I shouldn't have to provide my local council with info about her, shes an adult living her own life in a different city. Thanks in advance for reading.
  13. In January this year I received a letter from a company called Sigma Red informing me that they had passed my account with premier man to Lowells. Which was interesting because it was the first time I was aware of having an account with premier man! So I sent the standard letter to Lowells saying prove you have the right person or bog off. On 9th July I received a letter from Lowells with a photocopy of an unsigned credit agreement with this company, the name including the middle initial is the same as mine but the address is somewhere in South London that I have never lived at. The supposed debt is for £268.34. So, either there has been a cock up and there is someone out there with exactly the same name and initial as me (highly unlikely) and they think I'm going to pay their debt for them, or somebody has stolen my identity and some kind of fraud has taken place. I am not sure what the best way to proceed is. Should I just tell them to bog off again or will they just think I am avoiding paying and take proceedings further. Your advice would be much appreciated. I should add finally that the account was apparently opened on 9/7/2011 which happens to be around the same time that I did actually buy some trousers for my partner from the said Premier Man, they were paid for in full at the time, and they were so horrible I vowed never to buy anything else from them!
  14. Hi, We (the family) are undertaking a project to convert an attached brick building into a utility area and a wet room for use by a disabled member of the family. The contractor (who is non-vat registered) has requested that we purchase and supply the wet room fittings that we would like. We are happy to do this and in fact would prefer to do so. But we would like to claim the VAT Exemption on the eligible items. I know that in order to claim the exemption that we would need to provide a letter from the contractor confirming that the wet room is for use by a disabled person and also a HMRC VAT Exemption form completed by the person concerned. I have contacted various suppliers about how to claim the VAT Exemption and been amazed by their responses. Wickes responded with: "I can confirm that full prices including VAT must be paid through Wickes however once you have made your order you can claim the VAT with receipts through HMRC directly." Wrong, HMRC website specifically states that they will not refund VAT. VictoriaPlum responded with: "In order for you to claim your VAT back, we would require proof of disability from HMRC and also a plumbers report to advise items have been fitted for a disabled person". How the hell would HMRC know whether someone was disabled? Top Marks to ToppsTiles, who got it right. "To claim back disability relief VAT, you will need to complete a 10.1 form. This form will be located on the Hmrc.gov website. We will also require a copy of your sale receipt and written evidence from your builder. The written evidence from the builder must include that the goods and work being undertaken are used in the adaptation of premises for a disabled person." My question is: Has anybody else had to go through a similar process and did they find suppliers who were able to deal with this (online and in-store) and if so, who? Many thanks, Jedicris
  15. Today I received a claim letter from Northampton County Court against myself. It was for 11k. The claimant is Hoist Portfolio Holding and the solicitor if Howard Cohen, Leeds. I originally took out the loan as a cahoot flexi loan i believe, who were then took over by santander and now sold off to Hoist. I'm planning to CCA Hoist, and send a CPR31.14 request to Howard Cohen. Is there anything else I should do? Also, if they send me back the documents I requesed, what could my defence be if the documents look enforceable?
  16. Someone has emailed the following complaint to CAG admin - the following message is exactly as received. No contact details for a response were included. E Credit Plus Ltd 2 Minton Place Victoria Road Bicester Oxfordshire OX26 6QB This Company are HARRASING me with numerous SPAM TEXTS for Yes Card yescardaccept.co.uk~ |THEY ARE A BUNCH A FRADIUSTERS AND NEED TO BE STOPPED!!! I have reported the number from which the text's are sent from to the ICO but no action has been taken. I am sick of it!
  17. We received an email yesterday in respect of this company. The person provided his name, but no return email address in order for us to respond. If you see this message, please do register on CAG - it is Free and update this thread.
  18. Hi there everyone on CAG. I've read lots of threats on here, which have been full of very useful and invaluable advice, but I couldn't find anything very specific to my query. I'm hoping my thread will help people in the future with the same question. I'll quickly describe my situation. It goes like this: Basically, it's exactly what I've been charged with. I was on the London Underground, I didn't have a valid ticket, I got caught by a ticket inspector as I tried to exit the station who then asked for my details. I am not going to cry and whinge about my financial circumstances and any personal drama that led me to not having a proper ticket because; I deserved the outcome. It's all my fault and I deserved it. I didn't have a ticket, I used the trains unlawfully, I got caught by an inspector, I got sent a Court Summons, I returned it with a Guilty Plea, I got a hefty fine, I paid it all off in one go and the case is now officially closed and I've learnt a lesson to remember. What I would like to know is about is the charge I have been convicted of. I was only charged by TFL/the courts with this charge: 1: Byelaw 17(1) - No person shall enter a compulsory ticket area unless he has with him a valid ticket. On my 'Notice of fine and collection order' it is worded slightly differently, like so: 1/ Enter a compulsory ticket area on the Transport for London regional network without a valid ticket I am quite confused on the implications of this. My general understanding from what I have read is that, on the grand list of fines and charges that Rail Networks can hit you with, this one is quite 'minor'. There is generally no defence against it in court because it's a black and white issue. Either you had the correct ticket for the train stop you were getting off at, or you didn't. I have been told it is a 'Strict Liability Offence'. I have also read that Byelaw 17(1) is a 'non-recordable' offence and Byelaw's don't show up on Criminal records, except on enhanced Criminal Record Background (CRB) check's. My questions, which, again, I hope can also help other people, are as follows: 1: What is a 'non-recordable' offence? Does it show up on Criminal Record Background check's? 2: Again, from what I have read numerous times on different forums/articles I have seen that Byelaw offences 'may' show up on an Enhanced Criminal Record Background check. What decides whether or not it 'may' show up? Does it depend on what type of Byelaw offence it is? 3: Are TFL Byelaws any different to Railway Byelaw's offences? 4: What makes Byelaw offences different from, say, the Regulation of Railway offences? Is there a difference in the level of seriousness of the charges and conviction implications between the two? Finally, 5: Certain countries I want to travel to in the future require a visa and also a Criminal Record Background check (Australia, Canada, USA etc...). For this, I will need to provide a 'Subject Access Report' from the Police which shows all the information held about me on the Police National Computer (PNC). Will my Byelaw17(1) offence be held on the PNC? Thanks for any help and advice!
  19. Good Housekeeping’s seventh annual Christmas dinner survey, which sets the festive benchmark for where to buy the cheapest Christmas meal, reveals that a basket of festive food to feed eight people costs a total of £20.26 or just £2.53 per person, based on buying 11 Christmas dinner essentials*. If you can't be bothered with faffing around different supermarkets, you can get it all in one place if you don't mind paying the extra http://www.goodhousekeeping.co.uk/consumer-advice/save-money/christmas-dinner
  20. I too have stupidly done the same thing Scotia39. I had my partner move in April of this year and been claiming as a single parent. He earns less than me 14,000pa and has been paying the rent on the house. Had a letter today from HMRC and they want bank statements, bills etc....everything in my name still but just so wish id told them. Feel ashamed of myself .
  21. After realising there are many craftspeople about.I thought it would be nice to open a thread for many that work this way. Whether full time or part time if there is such a thing. I realise many put many hours in perhaps for little return,but are happy to create. If you do such a thing whether for profit or fun tell us what you do and maybe send a photo or two that shows your craft. I do not know what many do but would like to know. You could make cakes,you could bake,you could embroider,knit,carve.I have not a clue what you may do but would like to know. Are you a craftperson.Working away somewhere in your home,outside perhaps.Where do you do this craft.And tell us how you are doing. What it makes you feel like.Does it stress you some times,does it fail some times,have you succeeded someway,made a few pounds perhaps. Have you because of the economy or other related things had to create there has been no other way to survive.To make a few pounds. Well let us see how many are about.If nobody another thought out of a cluttered mind.Made some space. Have some fun myself,but just starting so will wait and see what others create out of anything.And how you do it and made that first step maybe years ago.Maybe months ago,days ago,hours ago. Come on in and tell me. Wherever you are in the world come here tell us your story.Otherwise i will be failing and wondering where it all went wrong. And will not sleep for days. I am hoping to hear some Tales Of The Unexpected. If you are outside looking in just register here.We are a friendly lot.Only take a minute or so i do not want to tear you away from your creations. Link here. http://www.consumeractiongroup.co.uk/forum/register.php Hoping to hear from someone. Tawnyowl.
  22. I'm currently repaying (on a payment plan) an old council tax bill on a property which I vacated in 2013. For the period the bill covers, I was living alone, but never claimed a single person discount at the time. Have made initial contact with Council, who say they can only retrospectively apply a single person discount from 1st April 2014. I understand that each council will set its own policy on how far they will backdate single person discount, and that there is no legislation as such which governs this? So my question, has anyone successfully badgered their council into applying Single Person Discount on older bills? (Mine goes back to 2011/2012). If so, any tips on how I may best approach them? Thanks.
  23. I've just read a letter addressed to my partner. unknown to me, she has had a single person claim ongoing despite us moving in together in May 2012. she has been overpaid by over £8000 and we are more than worried by this. I have asked why this hadn't been sorted, she couldn't really say, besides arguing wont solve this. according to calculators the amount of tax credits we WOULD have had is very close to what she has received. She is naive with money I believe and has buried her head somewhat to this , now we're up the creek so to speak. I don't believe her intentions were fraudulent or deliberate more silly. however I have told her she needs to get on the phone and sort this out tomorrow. some information about our household: Living as a couple since may 2012 Parents to two children whom live at our address our income from May 2012 - July 2015 was as follows: Income support - £160 odd fortnightly (for both) Child Benefit - £34 per week Carers allowance ( paid to myself looking after a relative ) - £62 per week. Child Tax Credit ( claimed as a single person ) - £117 per week appx: £1170 per month. I have read about a potential for offsetting the overpayment against the correct claim amounts had it been done. which would likely drop this overpayment bill to below £500. I am trying to sort this out as I have just started a new full time job and want everything to be above board. £8000+ of tax debt will cripple us a family. I fully accept this is a significant mistake on our behalf and had I known , I would have acted sooner. any advice would be greatly appreciated. many thanks.
  24. I have been done over by this company which sells off dryers which don't work for a hefty sum (considering that it is a second hand, possibly third hand dryer which doesn't work). The seller attempted to replace the first dryer which she has sold me with another in what said was an effort to 'repair the dryer' (I requested for her to perform her part when she promised a 2 months guarantee, well that went to didn't it). The second dryer didn't work either and when I sent her a message she never replied. She sells on Gumtree and goes by this number: ............... And all I was thinking of is just getting a cheap dryer sorted out as I would only need it for less than a year (11 months to be precise) as I'm only renting the place where I live now. I'm aware that I could lodge a complaint through the Ombudsman (Furniture, Adjudicator, or ASA -under retail goods). However I would also want to share this in my effort to stop other people from having to deal with such unprofessional people. I understand what the consequences of her replacing my initial dryer would be but as far as I know it does not constitute acceptance as the dryer did not fit the purpose for which it was sold and I did not keep it with me for a long time before making a complaint (it has only been 4 days since I the dryer was delivered to me). I have sent her two long messages which she never replied to and called her around 10 times. She dealt with my initial complaint about the first dryer, but she was cunning enough to use the pretence of fixing the dryer to come and replace it with a second non-functioning one. Since then she never replied me or picked up any of my calls. I've wasted a £100 pounds dealing with her and buying a non-functioning dryer. Wished I spent it on a cheap but small new dryer in the first place.
  25. Hi, 3 days ago I were detained for "an offence of theft". I left the store (a Debenhams) with a small perfume bottle + watch in my pocket. I'know that i have done a big mistake in my life I can't deny. 2 men along with a security officer was outside and brought me inside a small room .They took the products back and they threatened me of calling police and finally they asked my ID (I'm not english, I'm from another country in EU), asked me for proof of identification ,I gave my DL and they took my EU address and asked me to sign the papers.I said them a correct address . They didn't call the police and they told me that i am banned from the entire shopping mall as well as they gave me a banned letter along with a RLP copy. Finally they told me that i wil be receiving a letter from RLP within a week. I have no excuses for what I did but I'm worried and I don't want to destroy my life in UK. So, I have many questions: 1) Will they give my details to police? 2) Will be leaving to my country,next week --> Will there be any detention in airport ? 3) Since i am for a short visit to UK,Would I have any problems to return in UK in the future(Related to VISA and UK on arrival verification)? 4) could I have any problems with a job? 5) the value was around £108 thats what they had mentioned, how much could be the fine? if it isn't too much I could pay and close the case (so I punish myself for what I did) Please help me on this, Since I am really tensed and Please let me know about RLP(Since they have taken the product back,Will they impose a hefty fine and will they put me in jail ??)
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