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  1. Hi all. My wife left me nearly 2 years ago. She didn't give DVLA her new address, her car was clocked with no tax, and Marston's tell me they have a warrant for removal. I called Marston's. They won't take my word for it that she doesn't live here. Only that if she doesn't pay £615 immediately, they break my door down and take my stuff. I have a chronic mental health problem, and I'm not in a good way. I need to get the stress off if possible. What do I have to do? My budget doesn't run to an expensive solicitor. Thanks.
  2. My Dad is in a care home and I just cant afford the top up fee's any more. The situation is this, my mum looked after my dad after he had a stroke, but in November of 2015 Mum became too ill and had to go into hospital, I was not able to meet for my dads needs so their social worker found a local care home and thats where he went - willingly because he knew it was right, sadly my Mum died on December 27th 2015. My mum told me to pay any bills etc using their money, I had to agree to pay a weekly £40 top up fee to the care home and this was being paid by Dad from his own savings [not technically allowed, but it was the only way], he had his DLA stopped, and then the bills from the council kept coming for his care home fees, added to by the top up fee's. In a year, his savings have been nearly wiped out, the main fee is paid direct to the care home now which is his entire weekly income, minus £24.50 [his allowance], dont forget I have been paying the £40 top ups from his own savings, because.. I am ill myself, I work 16 hours a week and cannot manage to do more than that as I struggle to do the 16 hours, I dont have any savings, and I do not get any benefits, life is a struggle. Soon, his savings will run out, I will be able to use the £24.50 of dads weekly money to go towards the top up fee, he requires very little for day to day things as everything is provided by the care home, I want to know if there is any help I can get for the top up fee, and what the consequences might be when the money runs out. At the time of dad going into a care home, he struck very lucky by getting into one locally, [stockport] but there was no choice of which care home, other care homes have no top up fee, but quite simply there are no places anywhere else and to move him would probably see him off as he is settled, happy, and well cared for. I just dont know what to do or who to speak to.
  3. Hi first time poster after advice and assurance ! My daughter is a student in Derby and moved into a rented city centre flat in July 2016. There are no parking spaces allocated to the flats but the roads around the area state they are 'pay at machine' or 'permit holders'. She visited the local authority with her tenancy agreement and proof of car ownership and was issued a residents permit, which she was charged for, valid until July 2017. She has parked regularly in these streets without problems 19th Jan 2017 when she received a PCN. She then received a letter dated 20th Jan stating that her flats were not included in the permit area and that the Permit was issued by mistake. She queried this with the Authority and was told on 9th Feb 2017 that her permit was no longer valid and she would be liable for any further PCNs ( they have cancelled the one dated 19th Jan ). However to find an alternative private parking space took time - she eventually secured one on 12th March 2017, in the meantime she received a further four PCNs which we contested and they have refused to cancel. My argument is that they issued the permit - albeit mistakenly - and should either let the permit run to expiry or at least cancel it with sufficient notice to allow suitable alternative arrangements to be made. Our next step is to go to trafficpenaltytribunal.gov any help or advice would be gratefully received !
  4. Hi I lived in Norway for 6 months last year and have just received an email from a Norwegian debt collectors stating that I owe £1100 for unpaid electricity bills. I had no idea these bills existed so didnt pay them and hadnt previously been contacted whatsoever. I was in Norway on a tourist Visa so I wasn't registered there, all they have is my name and email address. I dont even think they know im English or where I'm from. Do you think I should contact them and explain the situation or just ignore? What are the possible outcomes? Thanks
  5. Name of the Claimant - H Cohen Solicitors, Hoist 2 Ltd. Original creditor MKDP LLp (Ex HSBC). Date of issue: 12th September Acknowledgement submitted. What is the claim for – the reason they have issued the claim? This claim is for the sum of £1089 in respect of monies owed pertinent to an overdraft facility under bank account number x. The debt was legally assigned by MKDP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account. The Claimant claim: 1. The sum of £1089 2. Interest charges persunt of the county court act 1964 at a rate of 8% from 24/09/12 to the date hereof 1436 is the sum of £343.06. 3. Future interest at the daily rate of .24 4. costs. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Account set up in early 2000s Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure. Why did you cease payments? I didn't, I was a student conducting fieldwork abroad. The overdraft was within its limit, but not enough money was paid into it. Whilst away, HSBC closed the overdraft facility and demanded full payment. (OD Limit was £1500, amount in account was -£1090) What was the date of your last payment? Early 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Unsure. Hello and thank you for any help. I am a UK citizen but have been living and working abroad for three years - Estonia and Hungary. This is making it very hard for me to deal with this... I was unaware of being chased for this debt. I recently found out about a court summons as post was forwarded to a family member. I called Cohen and Hoist about this debt asking for documents to prove to me the age and the fact it is mine and they said they did not have these. The debt is from 2012, I tried to get access to my statutory C report but as I am a resident abroad this is very difficult and basically is not possible. I have sent a CCA request and CPR 31.14. These were only sent today. I have very little time to submit my defense. I have a defense written - can I submit this even though the solicitors have not had the time to respond? I basically want to say - I don't know what this is, I would like them to show me documentation. 1. I received the claim xxxxxx from the Northampton County Court on 12th September. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record. 5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies. - I am well out of my comfort zone here, this process has caused considerable stress in the last week, please excuse any ignorance on my side! - I am really struggling with this - is what I have written above logical? Is there something wrong with this, should I be doing something else? What happens next - where does the process go from here? Thank you very much for any help.
  6. READ MORE HERE: https://www.gov.uk/government/news/urgent-appeal-for-family-of-carlisle-resident-corporal-thomas-edgar
  7. READ MORE HERE: https://www.gov.uk/government/news/urgent-appeal-for-family-of-durham-resident-private-harry-vasey
  8. I live in a rented property on what I assume to be a private road. It is a new build and at the time we moved in the road was, to my knowledge, unadopted. I've been made aware through whispers that the road is now owned by a private company. I have received no letter or other communication about this from the landlord (company) that owns the house, the builder or the company themselves. Nor are there any signs up detailing the terms and conditions of parking on the road, except the words "Private Road" under the road sign at the start of the road. Our rental agreement mentions nothing about restricted parking on the road. Recently we received a letter from the landlord stating "clauses" in our contract, saying that we cannot park anywhere on the road. Upon searching, these clauses are not present in our rental agreement or anything else we signed. It has also come to my attention that other residents of the road, particularly those who bought their house, were sent "parking agreements" with their paperwork which they were required to sign to say they agreed to no on-road parking. We, and our neighbours who are all rentals, did not receive or sign any such documentation. Everything has been fine until recently when the last house on the street was bought, the residents of which have taken to hassling other people about parking, taking photos, and even commiting criminal damage by supergluing a photocopied letter to someones windscreen that was visiting a neighbour. Today I have learned that apparently the company are to set up a "ticketing system" in their words where they will be sending a warden round and anyone on the road will be ticketed. My concerns are obviously where do we stand with this? Do we have no choice but to pay up? I have disabled people in my family that are physically unable to park on a different street and walk up, and if any of this was in my original rental agreement I would not have signed and moved in. Sorry for wall of text, I would appreciate any help you can provide! TLDR; Moved into new build rental property on unadopted road, road has recently become private. Ticketing system to be implemented imminently. Want to know do I have any rights as this is a bit of an ambush, or do I have to suck it up and explain to my family and friends they are to be fined every time they come to visit.
  9. Hi all, I am looking for some advice please. If a non-UK resident landlord is not willing to return tenants deposit can the tenant use the small claims court to claim against them if they do not know the landlords address? The AST shows the landlords address as the same address as the rental property and this is not an address the landlord has lived at for 5 years. Can court papers be served to that address even if it is very unlikely the landlord will see them? I am confused about the rules for address for the defendant. How does it work if the papers are served to an address at which the defendant no longer lives? I have read that the papers automatically count as served a number of days after they are sent. How does this work if the address is wrong or old? I read that money claim online cannot be used for non UK addresses. Can you use the "normal" small claims or other court for non-UK addresses even if the amount is under £1500? Any help would be great. Thanks!
  10. Please help advice me. The permit expired on the 3rd , I received a PCN on the 11th. I never got a reminder as it is anew sheme in my area in Haringey, it was said to have been put in for spurs and help us resident prevent pp parking in our roads during match days. I do not remember seeing any clear directives in the consultation process or the 1st permit isued to me about ensuring I renew and telling or giving me guidance that I have to renew and if I don't what the consequences are. I appealed he 1st ticket and it was declined and I then got a notice to owner and the fee had doubled now £130. I do not know what to do, can some one please help and advice me on how to dispute this. This is a free permit for resident that is suddenly going to cost me £130.00 potentially. I have till Thursday the 9th when my 28 days run out for challenging the notice to owner. I am really upset about this. This is just another way of Haringey council ripping off its Residents. I found a judgement on Barnet being found in the wrong by a judge for not sending reminders out to their residents and Barnet had to cancel all PCN and refund charges where people had paid. but I couldn't find the case law and I am not also sure if this will help my challenge. Please advise. Many thanks
  11. Hello If a resident does not have parking facility on his road because there’s restriction in place and parks in an immediate side street near him (nearest side street/road), This side street becomes a residential parking scheme and permits needed to park; will it be possible to apply for a permit to park, if not resident on that street?
  12. I was sold an un-roadworthy vehicle by a trader masquerading as a private seller. I've sought to contact the trader by email, phone and mail but he has failed to respond to any communication. The car trader is based in Scotland, while I reside in England. As the sale took place in Scotland, does anyone know if am I obliged to proceed through the Scottish sheriff court system? The England and Wales system is available online, while in Scotland one physically has to file papers in the sheriff court as I understand. Thanks in advance for any thoughts
  13. Hi all, First of all many thanks for the forum and work done for others - I've already started to read through the PoFA 2012 and other forum posts in detail (phew!) Anyway, on to my situation, and apologies in advance for so many words. I live in a gated property that is managed by UKPC and I'm a tenant in a property there. I've just received 2 Keeper notices for the car being parked without displaying a valid permit, and on consecutive days (a Saturday and Sunday) in January this year. Each is for £100, total £200. The parking bay itself is allocated to my flat and I do have a valid UKPC permit for the car, but often leave it unattended for long periods, and might not notice either that I've forgotten to place the permit there, or see any drivers notice. I've had a look at the photographs taken by UKPC and can see that a drivers notice was attached to the windscreen. Needless to say neither was there when I next went to the car (indeed the second day's photos shows that the first notice has gone). The same car has been parked in the same bay with the permit displayed, and though while that means the permit has been accepted by UKPC in the past/recently, suspect it would not have any more relevance than that. I'm also still checking the details under section 7 and 8 on the paperwork, I suspect that many of the companies are tightening up their practices. I'll keep on going in this area. At the moment though I can see that no harm has been made against the land owner, the landlord of my property, or the tenant (me!), and no-one else has been deprived of a parking space. UKPC have been placed there by the property management company. So the charges look to be punitive (£200), and I'm going to be down that path as well as linking the permit to the car in a letter back to UKPC. I'm no where near the POPLA stage yet so happy to keep this softer. Funnily enough they don't mention this is in the "discounted phase", yet state that if this goes to POPLA then the parking charge will increase. The only part that appears to show the increase is "late payment", adding £60. I don't think they can do this under PoFA 2012, as a dispute would not be a late payment. The keeper address for the car is still at a different address, and so they are now at the Keeper stage rather than the driver stage of the process. Needless to say I had a shock when two letters were opened! Once again sorry for making this so long winded, and any thoughts well received. Cheers
  14. Hi dx, digging up an old post I know, you say that a post 98 student loan can be statute barred. Could you expand on how one could go about having your loan statute barred? I have been living overseas for around 10 years and have no contact from SLC until about a month ago.
  15. Hi, I would appreciate any advice on whether I should appeal this PCN. My sister has been taken into a nearby neorological hospital after having a bleed on her brain. I went to the horpital to take along some clothes for her, but the car park had no spaces, i parked in what I later found to be a resident only area (didnt see the signs) due to me being more concerned with her. ...I left my car in the area for ten minutes and on my return, it had been 'observed' for six minutes and was ticketed. Is it worth me appealing this ticket, or am I between the proverbial rock and hard place? Thanks to all in advance
  16. Hello, Apologies if I have posted in the wrong place but I am hoping someone may be able to help please? Today I went to pick my son up from the village primary school and I parked in the same place I have done for the last 2 years with no problem - residents seen me and said hello etc. Well today for some reason 2 separate residents decided to have a go at me abusively for parking where I was with one calling me names unprovoked and the other threatening to smash my car! I was absolutely fuming! The first person when he realised I wasn't going to back down disappeared into his house and the second person hung out of her bedroom window hurling abuse! Normally I would ignore low lifes like this but the area is right next to the primary school where some of the kids were on the playground and could of heard her and also because of the threat to my car. I said if there is such a problem why have they not said anything before to which they didn't answer! Where I park for 10 mins max is not in anyones private parking place and the sign showing just states 'Parking for residents of West End Terrace Only' - there is nothing to say that you would be fined / towed / clamped, etc. To this end I wondered if anyone had any thoughts on what I should do? (If anything). Thank you.
  17. My Friend has found themselves in a large spot of bother and I decided to try a post here for some advice of what can be done to help him out. He is being seriously harassed and rather embarrassed by an Italian National who is 'hiding' in Italy. From what I understand, my friend runs a Computer Game Server where this Italian Gent got himself banned for reasons that don't concern or interest me (and that I don't actually know either). What I do know is that this chap keeps posting my friends personal details into the public domain without his consent. Repeated attempts to Ban Evade his gaming server. However last night was the final straw. He was woken up at 02:45 to find Dominos Pizza at his door with £130 worth of Food which he hadn't ordered or paid for. They were less than impressed. My continued concern is that this will get much more serious with something like Identity Fraud. If this guy will send pizzas at nearly 3AM to the tune of £130.00 I fear this is only the beginning. I have told my friend he should now involve the Police immediately. There are several ongoing issues including email harassment etc. I would be lying if I said I thought Debt Collectors were still worse at it. But with the person responsible outside of UK Jurisdiction, is there some from of European Harassment Order that can be placed on this chap to cease and desist immediately? I have suggested he speaks to the CAB, but in the West Country they aren't exactly that helpful. Has anyone been in this situation or knows where I could seek advice for him. He just wants it to stop and the :evil: is not relenting by any stretch of the imagination! Thanks all
  18. Hi, We have a residential parking area which is policed by wardens quite regularly. I have had a valid permit since the inception of this policy. I ndeed we were 1 of the original members of the meeting when this was being planned and took part in all discussions when decisions were being made. Monday morning a week ago, a neighbour knocked drawing our attention to the fact that my car had a PCN on windscreen, for 'not clearly displaying said permit'. As mentioned, current permit is valid and always has been. What had happened is on Sunday afternoon, day before PCN served (Monday morning, 15/09/14) , I was cleaning the dashboard of car. I had inadvertently left a cloth partially covering the permit in force. However, due to my disabilitiesdue to my disabilities, I have to take regular breaks from such tasks, as and when I am able to do. Indeed, had the warden serving PCN looked into the vehicle, he would have noticed additional cloths and sprays, in the footwell, behind the car seats and possibly on passenger seat. This is how I had to leave the car on the afternoon of Sunday, 14/09/14. Such was my exhaustion from carrying out what little of the task at hand, I had by that time completed, that I found myself unable to complete the current chore, leaving the car in the state in which it was found, at the time of PCN being served, 08.47 15/09/14, with the intention of completing the task on the day PCN served. I am asking for advice as to how to proceed in challenging the PCN bearing the above in mind and how I should word such challenge. Also, am I correct in thinking somewhere along the line, that if PCN has been issued on the above basis but not for the reason as permit being hidden due to date of expiry, that DoT have issued guidelines to local authorities for cases such as this, advising that if permit in force, then PCN should be withdrawn if and when challenged? Many thanks for reading and all advice gratefully received. francis.
  19. Hello to all and thank you for reading / helping, I have received a council tax household form - joining and leaving, from my local council which states they have been advised that the person named (not myself) is now a resident at my address. Although I know this person, they have never been a resident at my address nor have I given them permission to use my postal address for their correspondence. I have tried contacting the person in question but they refuse to reply. I have no previous or forwarding address details for them, which is requested on the form. What are my rights? Is it illegal to use somebody's postal address without their consent? Will I be fined and loose my single person's discount if I cannot provide the council with the information they have requested?
  20. I am looking for some advice for my husband. He had a CCJ issued against him in July 2009 by a court in England. It was a hire purchase agreement for a car. My husband has always been resident in Scotland, including when he took out the credit agreement and when the CCJ was issued. We therefore had a couple of questions regarding this. 1) Given that he is resident in Scotland, should the creditor not have pursued him through the Scottish courts rather than the English system, therefore getting a decree rather than a CCJ, or at least getting a decree to sit alongside the CCJ? 2) The CCJ itself is due to be reported until 1st of August 2015, I have a vague awareness of something saying that debts are only reported for 5 years in Scotland, therefore it should stop being reported on 1st of August this year, is this correct and if so, how would it apply to this situation? 3) Given the judgement was made by an English court, is there any way we can remove it from his file? Any advice on this issue would be hugely appreciated, thanks in advance.
  21. Good morning Firstly I wish to extend my thanks for providing the inspiration and the means to support the victims of unscrupulous behaviour. I would like to seek advice. I live in a borough with a known shortage of residential parking spaces. The Council acknowledge they issue more residential parking permits than spaces available. After a very late and long drive I was unable to park outside my house and so parked my vehicle at the end of my road. My vehicle was not visible from my window and I had no cause to walk past it for a few days. When I returned to my vehicle it was plastered with 3 x PCNs based on the fact that I had parked in a 'Business Permit Holders' only bay, which surprised me, because there are to my knowledge no businesses on this road. Considering there is a shortage of parking spaces I was surprised the Council would reserve spaces for businesses as it seems to perpetuate a known problem. I believed (and still do believe) I had reasonable grounds to appeal and did so. My first appeal was rejected so I appealed again providing much more evidence. My second appeal was rejected. The Council repeatedly ignored my attempts to discuss the matter further by telephone or in writing. I visited the Council offices and requested to speak to somebody, stating I would even be willing to pay the fines in spite of the fact I believed they were unfair, on the grounds that a member of the Council would speak with me so that I could ensure my concerns pertaining to confusing signage, inadequate lighting, etc. were at least acknowledged. I was refused an audience and was forced to wait for a Notice to Owner to appeal further, thus losing my right to pay the reduced fine. The Surrey Parking and Traffice Appeals Service conceded that only 1 of the 3 fines was lawful and ordered me to pay (in full) the first of the 3 PCNs. At the time I was a student and only had £200 in my bank account. The £110 full fee thus represented over 50% of my entire life savings! I have now graduated and am seeking employment. I am receiving Jobseeker's Allowance and my bank balance has not improved! I would like to understand if there are any procedures I can follow to recover £55 from the Council. This is based on the fact that had they only issued me with 1 x PCN, I would have paid the reduced rate. I refused to pay on the grounds I was certain the Surrey Parking and Traffice Appeals Service would cancel all 3 x PCNs because £330 (or even £165 at the reduce rate) was a ridiculous amount to charge somebody with only £200 in their bank account. Additionally I believe I still have more than legitimate grounds for the original appeal. There are a number of issues that were not acknowledged by the Council, including: - The 'Business Permit Holders Only' sign is unlit. I was unable to see it in the dark. It is also taller than the residential signs and thus harder to read in low light conditions. - The 'Business Permit Holders Only' sign refers to an 'outside area' but it is not clear what this area is. - The sign is not adequately differentiated from others in the road. I believe it is there as a 'trap' to make money from people, particularly seeing as there are no businesses down a road with a shortage of residential parking spaces. - The road markings are unclear. - Although I was parked within 10 metres of the 'Business Permit Holders Only' sign (the reason I believe Surrey Parking and Traffice Appeals Service did not cancel the original PCN), I was parked within 5 metres of a 'Residents Parking' sign. Do I have any rights to further pursue this issue? Many thanks for your time.
  22. Hoping for a bit of help on behalf of my mum.... Mum runs a small business maintaining lets and did some work for a woman who owns a house in the UK but now resides in Australia. The woman was invoice for c £2k, paid £100 then ignored the rest. Mum has an address and email for her in Australia and she has chased the debt to not effect. Is it possible/prudent to chase the debt further given she retains property in the UK? Mum could really do with the money and according to Facebook, this woman is rather enjoying a holiday in Bali! Thanks in advance.
  23. Hello, I have now officially moved abroad and no longer resident for tax purposes. I have left a correspondence address in the UK at a friend's because the customer service officer at the branch told me they couldn't keep my account alive if I had a foreign address. My friend, for his own reasons, is not very happy with receiving mail for me and is a bit paranoid about possible consequences for him. You will be probably aware that Halifax gives often incorrect advise both in person and by telephone, so I wonder if anybody has a clue on how to move from here. I will probably receive a couple of letters a year and in 3 years I will receive new ATM and credit cards, so this could be a problem. I would like to keep this account alive as I still do online shopping from the UK. Any help will be appreciated.
  24. Hello, Long story short version - Ex landlord will chase me to the end of the world for rent I don't actually owe him. He took me to court while I was out of the country, won and is now armed with a CCJ. I was going to fight the CCJ but it was going cost around 1,000gbp. We made a deal for 550gbp and he went away. However, several months later he's back and now wants the rest. I have not lived in the UK since May 2009. I've been out of the country for 4 years and 3 months. My ex landlord says he's issued an SD to my old address. . He sent me an email with the SD scanned. He's stated on the SD that I owe him 630gbp. I've read the insolvency act (part of) that indicates I need to owe 750gbp so he can make me bankrupt, However, I noticed this section: "“The bankruptcy level” is £750; but the Secretary of State may by order in a statutory instrument substitute any amount specified in the order for that amount or (as the case may be) for the amount which by virtue of such an order is for the time being the amount of the bankruptcy level." What does this mean:?: What chances does he have if he doesn't know my international address and he fails to demonstrate the debt meets the 750GBP condition?
  25. Hello, I have discovered that 2 CCJ's were issued against me while I was not resident in the U.K (moved to Australia) I was under the impression I had to be a resident of the U.K for the Judgements to be issued, if this is the case, can I get them set aside? Thanks in advance.
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