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  1. Good day to all Following the very supportive exchanges I read today within this forum I straight away joined the forum With regard to our {Owned} 1st floor flat, it was essential to sell since my physical abilities deteriorated, we fortunately obtained a local council ground floor flat suitable for disabled people, which we had to move to previous to the sale of the 1st floor flat, since if not occupied within a two-week period it would be awarded to a different couple, we forfeited £10.000 to the Inland Revenue since the 1st floor-flat was not classed to be our main residence {On sale since Oct 2010, Sold: May 2011} On January 2011, the DWP telephoned concerning the selling of the property moreover why I had not informed them of the sale, I certainly did via letter, likewise I keep copies of all my correspondences. They were to forward me a form to complete, all I received being an A4 envelope with a DWP self-addressed envelope, however within being no form of any description to complete On 11th April 2014, I received yet another telephone call via the DWP on the identical topic, the sale of the 1st floor flat, and “where” did the profit of sale go? I replied informing the DWP of the true situation of all monies we had paid out, allowable payments to our three adult children, our grandchildren, two ISAS, a Life Assurance Policy, refurbishing the new ground-floor flat {it really was bare} etc On 22nd November 2017 I attended an interview with the local Job Centre with a rather haughty interviewer, in which I explained equal details regarding “where” did the profit of sale go? I informed the interviewer of the “money-trail” as it were Nevertheless to the main topic: My Pension Credit ceased on 27th November 2017, this, I considered to be a temporary glitch, furthermore all would soon be resolved, how foolish of me Subsequently on 18th December 2017 I telephoned the necessary DWP Department to be informed the lady had no information as to why the payments were “stopped” On 19th December 2017 my wife contacted the DWP, my wife was informed that the Pension Credit was, it appears, suspended and was being “sent upstairs” to be dealt with by a Decision Maker On 31st May 2018 another summons to the local job centre with the same rather smug interviewer, however I maintained a composed demeanour and informed the individual of the circumstances surrounding the 1st floor-flat sale, I mentioned why the Pension Credit Suspended situation, to which there was no detailed answer forthcoming. I received a letter dated 1st June 2018 from this person concerning the 31st May 2018 interview along with a letter explaining the following: “A doubt has arisen about your continued entitlement to pension credit. This means we are not sure if you should still get your benefit payment and it will stop”...Yet this was dated 6th December 2017, for which he extremely thoughtfully apologised with regard to the “delay” in my receiving it On June 4th 2018 I wrote to DWP {and local job centre} requesting a Subject Access and Audit Trail information, nevertheless ought I to, at present, request a Mandatory Reconsideration given that the late letter presented to me mentioning Pension Credit Suspended was dated 6th December 2017 furthermore I maintain no trust with the local job centre interviewer, I have without a doubt, an apprehension that the data he will forward to DWP will not include the entire relevant details I apologise concerning the, in all probability, protracted, rambling post, however I would appreciate assistance Kind Regards Skhane
  2. I have received a debt collection enforcement notice from Northampton County Court from Marston's for a penalty notice for crossing Dartford on 23 March. I did cross at Dartford on 23 March but have received no prior notice and have no idea what the penalty is for... any advice?
  3. Hello there, my wife received a letter from ParkingEye Monday 22nd May dated 17th May 2017. This is regarding an outstanding parking charge amount due of £100 from Holiday Inn Guildford with the alleged offence occurring 5th April 2017. My main concern is that my wife did not receive a PCN beforehand. In the letter it states that 29 days have passed from the notice of parking but this is the first correspondence received. I still have the right to appeal but only if there are mitigating circumstances as the initial 28 days to appeal have passed. I would just like to know if I have a good case, and if ParkingEye are able to provide evidence they sent out the PCN if it has in fact been lost in the post? Also to add to this, my wife believes that this is a new charge and did not see any clear obvious signage, although she is used to the car park being free. Either one of us will go back to the site to see what signage is in place although the alleged date is over a month ago giving ParkingEye plenty of opportunity to change/add signage. The letter reads: “We are writing to inform you that the requirements of Schedule 4 of the Protection of Freedoms Act in respect of keeper liability have now been satisfied and as 29 days have passed from the date notice of the Parking Charge was given, ParkingEye now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper. The amount now payable is £100.00. This payment is required within 14 days to avoid further action. If this letter is ignored, further action may include referring to a Credit Reference Agency to confirm the correct address, instruction of solicitors to secure immediate payment, referral to debt recovery or the issuing of court proceedings, all of which could incur further costs which may be added to the amount owed. To avoid further unnecessary costs or action, please pay the outstanding parking charge amount as stated above or make arrangements for the driver to pay, in accordance with the parking terms and conditions. Further information including how to pay, the right to appeal ect. Can be found on the reverse of this notice. Please be aware that on the 4th November 2015, the Supreme court dismissed the further appeal lodged in relation to the matter of ParkingEye v Beavis [2015] UKSC 67. The appeal concerned the value of ParkingEye’s Parking Charges and the Judgment, granted in ParkingEye’s favour, delivers a binding precedent in respect of the value of the Parking Charge. The Judgment can be found by visiting the news section of our website and the article: ‘Supreme Court uphold Court of Appeal Judgment’.” Any help would be much appreciated, many thanks.
  4. I just got a letter from Metropolitan Collection Services of Coventry. They're pursuing an overdraft I had with HSBC. Last activity on the account was I think December 2010. Shortly after they withdrew the overdraft cos I wasn't paying into the account regularly. The debt is now in the region of £1250. I'm on benefits here and I can't afford to pay this of in a way they'd find satisfying. They have also floated the possibility of taking me to court in 'the country where you live.' Anyone got any advice on how I might call off the dogs?
  5. I have issued a summons to a builder who has damaged my property. He appointed a firm of solicitors and I will be representing myself. All paperwork has been filed and the court hearing is scheduled in two weeks. I received this morning from the defendant a Notice of Change of Legal Representative, whereby now the defendant shall be acting in person. I just wanted to check with the experts, whether the defendant is able to file such two weeks prior to hearing and is this compliant with court procedures. I have a strong case, it just odd at the last minute his solicitors are terminated when they have been acting on his behalf and filed his defence paperwork and featured in all communications. thank you
  6. Hello hopefully in the correct section and there is a Scottish expert for this soap opera I will outline the scenario and my understanding of the law. First the not too complicated part (I believe) Mrs X died without leaving a Will Mrs X is survived by Mr X (20 years separated but not divorced) and 3 Children. Mrs X owns 100% property A (that was signed over legally to her from Mr X 20 years ago.) My understanding of Prior Rights: Mr X is the widower and thus on the face of it has prior rights. However he does not live in property A, so does not "qualify" as the survivor. Therefore he has no prior rights. Then property A would become part of "the remainder of the estate" and the 3 Children inherit the house (33.33% each), as the intestate estate devolves according to legal rules. Basically "The Children" are at the top of lists to inherit, and well before the surviving spouse. So if I am correct so far then please read on. Mr X lives in property B. Property B deeds are still in joint names for Mr X & Mrs X Mr X qualifies as "the survivor" as he lives in property B. Hence under prior rights Mr X claims the house (Value below £473000 etc). Again hopefully correct and not too complex. Heres the fly in the ointment. Mr X also rents out property C to a tenant. It appears that property C deeds are also still in joint names for Mr X & Mrs X. (Mrs X would not have realised and never got half rent etc. Not worried about this part). Following the same rules/pattern it would appear that property C would also not go to Mr X under prior rights, but that 50% of property C would end up being split to the 3 children !! Can anyone tell me if this all looks correct ? There is no in family fighting going on here but rather just trying to ensure all is correct in my head before engaging legal help.
  7. After some research on here I now know the true horror of what Vodafone have done to me. To cut a very long story short my Vodafone account was closed early and paid up by me in June (so I thought) PAC code transfered all done. Goodbye Vodafone - hurrah! Get a letter in September saying I still owe £90odd . I have contacted them on many occasions saying please can I have an invoice so I can see why you think I owe this? Athough promised each time nothing received, next I get mail from debt collection and then black mark on my (previously perfect) credit history - Just as I'm apply for a mortgage! Thanks Vodafone!! they can say I owe them something , not produce an invoice to back this up and then ruin my chances of getting a mortgage with absolute and complete impunity! On the advice of my mortgage broker I paid the o/s amount to minimize the damage. When I did this I was told i could speak to the team that placed the marker against me as I wanted to explain it was paid late because vodafone did not supply me with the information required to resolve the dispute and therefore please remove it. After the amount was paid I was put through to sales! When I called back to try once again the line was dropped after 50 minutes . I just dont have to time to spend many more hours on the phone to receive empty promises. So even after paying an amount that im not sure I owe I still have got nowhere in clearing my name . Its shocking and I cant think of any other industry where people could behave like this and get away with it.
  8. hello peeps, this is my first post - hello! I have a question: I drove my wife to a specialist doctor in London. 5 weeks after her consultation, we had a letter with an invoice for £290. The initial consultation lasted about 25 minutes. At no time was it explained to us that the initial consultation would be chargeable - so , of course, there was no mention of the price of the talk. We would not have driven to London if we had been informed of the price. Now the invoice has been followed by demanding emails and a call from a medical debtor agency - not answered by me . Since there was no prior information on the cost of the first visit, can anyone tell me what our legal rights are? An offer of £50 for goodwill has been rejected so far. Thanx!
  9. Hi fellow Caggers I'm not sure if others on here have any thoughts into this, but I'm hoping to get some help to clarify the situation on something i have come across recently, having read this as part of the lending code. 232. Customers should be advised BEFORE their debt is passed or sold to a third party by a subscriber. The intended outcome of this provision is that a customer SHOULD NOT receive any contact from the party to whom the debt has been passed or sold without having received prior notification from the subscriber of the transfer. what if the OC (subscriber) has NOT given prior notification to the debtor of the sale of the debt to a third party? if a customer received a letter from a DCA stating 'i am now the owner of this debt' and in the same envelope was a supposed NOA from an OC, would this count as the OC having met 232? thanks Thanks
  10. i received a letter yesterday with a court date for me to attend regearding a van i sold to my cousin, the logbook was sent off to the dvlas address but i cant find the proof of postage. To cut a long story short a couple of months after i sorned the van, my cousin purchased it from me and like a fool left if parked on the road while he was sorting it out for the mot. It was clamped and removed and he signed paperwork to release the van to the impound yard, as he couldnt afford the release fees stating that he was the present owner and waiting for the log book to arrive. He has also contacted the dvla to the same effect. Where do i go from here my cousin has already agreed to come to court with me and is trying to dig out the paperwork that states he owned it at the time. Not really sure what to do as ive never had a problem with the dvla before any help will be appreciated thanks
  11. I have accepted and signed an employment contract for a new job. However I've been offered a new job opportunity elsewhere which I would like to accept instead. So my question is how binding is the contract that I have signed considering I have not yet started? Does consideration mean that the contract is only enforceable once I have started the job?
  12. Hi, I am in Scotland, over 2 and a half years ago I moved house. I'm pretty sure that I informed the council of the move at the time. I have today received an arrestment of earnings for unpaid council tax for my old house completely out of the blue. I have had nothing from them since before moving out, and if I had I would have contacted them to discuss the matter. I genuinely have no idea where this has come from and can't work out what dates it is for from the arrestment schedule. I am planning to call them on Monday to find out where this has come from, but wanted to ask if there is anything that can be done at this stage? As far as I am concerned nothing should be due, I have been paying council tax at the new place since moving in. I have read numerous posts on this and understand that for this to have been issued it must have gone through some kind of court process, but I have not had anything regarding this either. Any help is much appreciated! B
  13. I have a civil claim against a former employer under the Employment Rights Act and unlawful deduction of wages. Tomorrow afternoon i have a conference call with the court mediation service to try and settle this claim before it goes in front of a judge. I am asking for peoples opinions on this process, is it objective, does it work, or is the Mediator more interested in any form of settlement rather than justice to the cost of either the claimant or respondent? Thanks
  14. Hi - I am after a bit of advice for my son, who up until about 4 months ago - had been on Income Support. He was moved to JSA; as no longer met relevant criteria for IS. However, he received a letter about a month ago, from DWP, They claimed that my son had been overpaid by £8000.00; for which they would be deducting £25.00 a fortnight from ?date, out of his JSA. 1. No details about overpayment, as to who, how, when??? 2. The amount specified, to be taken from his JSA - will leave him in extreme hardship I told him to write to the DWP; straight away - querying this - asking for more information and a breadown of how this overpayment arose? He did so (sent recorded delivery), approx. 4 days before date specified for first instalment. This was about 3-4 weeks ago now and they seem to have totally disregarded his letter, neither acknowledged or responded to? Furthermore, they have gone ahead with the deductions from his Job Seekers Allowance, which is making it extremely hard for him to survive (difficult enough on full amount!). Currently he is having to stay at my house 3 days /nights a week; as he cannot afford gas/elec/food for 7 days in his own home. I am having a difficult time currently, out of work etc - so is putting a great strain on myself and my younger son also. I have told him he needs to telephone them, which he intends to do first thing tomorrow morning - just wondered if anybody can shed some light on him having any 'rights' or legislation he may be able to speak of when he calls them; with a view to having his payments reinstated and them providing sufficient proof and evidence of this so-called 'overpayment' being legitimate and show how this occurred. (why not picked up before reaching such a huge amount of money?) It seems totally ludicrous to me, if this is the case at all. He wasn't getting that much, so would have been over many years - I suspect?? ANY CURRENT LEGISLATION / GUIDANCE - GREATLY APPRECIATED AND MOST WELCOMED !!!!! MANY THANKS NADIA
  15. I bought an item 9 months ago, it developed a fault and the shop agreed with me that they were getting another one in instead under warranty. However I have now found out that because the item has recently been discontinued they are replacing just part of it instead. (Parts are available but not the whole item I am told). I was not told or agreed to a repair instead of a replacement. The reason I am not happy is because the item had other areas that were of concern but the shop has baulked at replacing those because that is caused by normal wear and tear they say. Ideally I would like a complete new item not a refund. But what are my rights considering I was offered a full replacement and now just getting a repair without being asked? So what do I do about the items they say is down to wear and tear? Can I get new parts for that as well because I didn't agree to what they are now doing? I have looked at the T&Cs but can't find anything relevant
  16. I rented a property in January 2007 and paid the deposit. As it was prior to the new rules of deposit schemes, the landlord held the deposit. After being tricked into leaving in October 2007, the landlord refused to give the deposit back. I have tried sending requests to return it, but get ignored. I thought i would try moneyclaim.gov.uk, but i cannot use it for tenancy deposits. Is there any other way to claim for this money? I am also claiming part of October's rent too. Any help would be appreciated.
  17. Hi All, I need a bit of help with this as its quite complicated. I took out a home insurence policy with Tesco on thier standard cover on the 17th Dec 2012. i added on £14,000 for unspecified items cover away from the home. A month later i relised that i had made a mistake when reading the small print it stated that this was a total claim limit and wouldnt cover what i wanted. I rang Tesco and explained the situation. The advisor told me the best thing to do would be to cancel the current policy and start a new one where i could specify the item i wanted covered. She did this and changed the policy to thier 'Finest' as this was the only policy with a high enough limit. Unfortunatley whilst i was on holiday i lost the said item (watch). I did all the right things like inform the police, inform the ferry operator and then submit the claim to the claims line. I now have had a letter from AXA's technical underwriter stating that i didnt disclose the 4 previous claims( 2 x accidental damage, 1 x loss, 1 x theft) and had they had known they wouldnt have accepted the policy. They want an explantion as to why i didnt disclose this information and that they could void the policy from inception and remove all benefits. Now the issue i have is, the first policy was cancelled. A brand new policy was set up by the Tesco advisor. As far as i am aware she did not ask any questions relating to prior claims. As far as i am concerned the material non-disclosure was inadvertent due to the error on the part of the advisor. where do i stand in respect of the policy with AXA? any help would be great. Thanks
  18. Okay, so I have just got my first (used) car and I received my V5C today which has myself as the registered keeper from 30/10/2012. My car has a valid MOT until October next year and I have bought the relevant insurance this evening and went to buy car tax online but got the warning that the previous tax/SORN had run out on 01/09/2012 and that the registered keeper will be contacted regarding this offence. And as I have only just bought the insurance today, I am not able to purchase tax until my insurance is on the database (if I knew this, I would have bought insurance earlier but did not plan on driving the car for a little while longer so previously saw it as a waste of money). Obviously, I was not the registered keeper for almost two full months while the vehicle was unlicensed, so I would assume that I would not be charged for this offence. Am I correct in thinking that? Also, I have been unable to buy the tax until today due to not having the V5C until today, so would I be prosecuted for this at all? I will be phoning the DVLA on Monday (discovered this too late on a Saturday) and explaining the situation but I'm worried now so would like some information if possible. Thank you in advanced.
  19. Have been recently made aware of this. It concerns a driver accused by one of the regular name Parking Cos on here. Case is in Court and accused has been sent a letter asking for them to provide proof of sig by way of copy of passport/driving licence etc. They are saying that there is a possibility that another party could have registered the vehicle using their name etc and its their policy to report these suspicions to Police vehicle crime unit so they can check if the registered keeper insured the vehicle or if its been used in a crime. They go on to say that they have observed variations in the sigs used in the court forms...and say they want to compare these with the one shown on the V5. Anyone heard of this one before ? Why would the Police want to get in involved in what is essentially a civil case where the alleged driver who has been summoned for failing to pay a PPN has denied having any knowledge of the incident,has nothing to do with the vehicle cited or has ever had any vehicle with the registration named. Surely it is for a Court to be making any orders or requests for documents to be submitted and NOT a PPCo ?
  20. Lloyds bank was ready to pay me out on PPI but I noticed in their calculations that they had worked out an average pay out on two loans which ended in 1998. I was not happy with this average as one of those loans were originally taken out in 1989 and ended in 1998. Lloyds say that they are unable to find out the amount of the original loan, its settlement or interest despite the fact that I am aware the loan account, the date taken out and date ended. Has anyone got an idea as to how I get details on the loan agreement amount I had taken out without statements and loan contract, please?
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