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  1. All documents are here: http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them. Some interesting musings... The DCA HAS to state the documents they intend to rely upon within their claim. [box E2] It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court There are no immediate court hearings/if any at all...the sheriff is directed to r
  2. All documents are here: Ordinary Cause Action for over £5000 http://www.scotcourts.gov.uk/taking-action/ordinary-cause the important ones are attached to this post Period of notice after citation ......time you MUST reply by: 3.6. (1) Subject to rule 5.6(1) (service where address of person is not known) and to paragraph (2) of this rule, a cause shall proceed after one of the following periods of notice has been given to the defender- (a) where the defender is resident or has a place of business within Europe, 21 days after the date o
  3. GDPR, In 2018 I sent a request for CCA/Prove it letter to Idem they never replied or sent the info back. However they kept sending letters/calling to contact them etc, duly ignored as the CCA request was not fulfilled. About 10 weeks ago they sent a letter stating that as they could not get hold of me they decided to pass ALL my details to a company called “callresolve”. After 5 weeks I received a letter from callresolve stating that my details were passed on to them by Idem and that they will send someone over. About 2 weeks ago a lovely (sarcasm!) gent arrived at the house, all
  4. I took out a money claim to recover money owed. The Defendant hired a Solicitor who sent and acknowledgement and applied for extra time, 28 days, to file a defence, I made no objection to this application and the court never put it in front of a judge for ratifying. However, 28 days later when the date specified by the Solicitor on their sample order had passed, no defence had been filed, so I applied for the judgement to be made by default as no defence has been filed. The Solicitor then called me (4 days past filing date) requesting further information so that they could be
  5. The new bailiff regulations came into effect on 6th April 2014 and a most welcome change was that with the exception of CCJ's £600 that are transferred to the High Court each debt type (council tax arrears, unpaid road traffic debts and magistrate court fines) now has fixed bailiff fees (Compliance Fee of £75 and Enforcement Fee of £235). To bring the enforcement of unpaid magistrate court fines into line with the new regulations it was necessary to amend the Magistrate Courts Act 1980 and this was achieved under a series of amendments outlined in paragraph 45 of Schedule 13 of the Tribu
  6. I had over £400 of unathorized transactions on my PS online account involving the fortnite game. These were regular weekly amounts of £19.99 and £7.99 every week. I contacted Halifax bank and they chargebacked all the amounts-so far. Sony told me the transactions were made from the serial number of my PS console (after i supplied the number , i should have given a friends serial number to test their claims) However, even it was my machine (i am 99.99% convinced it was not) a friend claimed a remote hack can access the account and console. PS banned me from their network as
  7. Hi Guys, I have just received a postal requisition for alleged criminal damage to property. I believe the prosecutor must issue a written charge not more than 6 months after the offence alleged. Is this correct ?
  8. New rules will protect fans from ticket touting READ MORE HERE: https://www.gov.uk/government/news/new-rules-will-protect-fans-from-ticket-touting
  9. New rules for taxation of termination payments READ MORE HERE: https://www.gov.uk/government/news/new-rules-for-taxation-of-termination-payments
  10. RAC to apologise to 1 million customers for breaking insurance renewal rules The RAC will be apologising to more than 1 million customers for falling short on rules on insurance renewals. The motoring organisation has become the latest – and one of the largest – businesses to be rapped by the Financial Conduct Authority watchdog. Rules introduced by the FCA a year ago require firms to clearly show the insurance premium a customer paid last year alongside their proposed renewal premium. They also require firms to show a “prominent, clear and straightforward message” to encou
  11. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  12. New overdraft alerts as CMA banking rules come into force READ MORE HERE: https://www.gov.uk/government/news/new-overdraft-alerts-as-cma-banking-rules-come-into-force
  13. Short version : Just looking for the rules when it comes to claiming housing benefit. I have been on benefits for years and am desperate to get away from them so I started a business a few years ago. I am the director of a ltd company, and pay myself min wage at just under 16 hours a week. What I want to know, is at what point am I no longer entitled to housing benefit? They are requesting a copy of my accounts now and I have to keep sending in pay slips to prove I am only taking min wage for 16hours a week etc. I don't know what other qualifying info you would need to
  14. 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
  15. Hi, What are the regulations for enforcing double yellow lines on private land? clearly they will not have a Traffic Order in place, but can they simply have yellow lines and then red signs up stating "no parking" to make it enforceable. ta
  16. A close friend of mine has come to me with an issue he has with these nice people. He is a very busy guy, so approached them to run PPI checks, he understand they take a wapping 35%. he had 4 results, cap one £160+, Natwest £700+ 300+ from another NWest and some other for £70+, He is YET to be paid out for the 2 larger ones, the other two sent the cheques to the claims guys, They called him up and informed him they would offset the smaller ones against what he owes on the other two, yet to be paid out, bear that in mind. minimum fees for the two lar
  17. Hi Under the new laws I see that fines are still allocated as a percentage of your weekly income. I was just wondering if anyone knows how this is defined for a student? The only money received is through loans and grants with no part time work. Regards Lewis
  18. Hi all, First post here, hoping someone can help me with a query. I have a small (ish) unsecured personal loan, which, due to a change in circumstance I am really struggling to pay. I currently have an agreement with the company paying a token gesture each month but they are pushing for more which I just don't have, I think court action, starting with a decree is imminent. I no longer live in the UK and don't plan returning any time soon, possibly ever, can a Decree be issued against a non UK resident? I know a CCJ in England can't, but I am struggl
  19. This has been kept pretty quiet, hasn't it?) Based on vehicle emissions there is a 3 tier band with the zero emissions paying nothing and the highest paying... lots! https://www.saga.co.uk/magazine/motoring/cars/using/2016/ved-car-tax-changes-2017
  20. Hi All, a few back ground notes. I bumped into a friend who I had not seen for a number of years due to moving out of the area. We reminisced of days gone past when he told me that he had just been in court for a hearing to get his invoice paid of a debt collection company (DCC) who had never produced any documentation to back their claim up. he sent them a unilateral contract based on performance. If they sent him evidence to back up their claim then this would be outside the unilateral contract and would not be chargeable. Send him anything else then it will be charged
  21. It would appear that new tax rules will apply to Non Doms from April 2017. There is some information in the link below - but mostly all I could find was being reported by the FT - which doesn't like being linked. https://www.thebestof.co.uk/local/shrewsbury/community-hub/blog/view/shrewsbury-financial-adviser-warns-of-non-dom-danger
  22. Dear all, I unfortunately suffer from chronic depressive illness and have done so for many years with the condition significantly worsening over the past few years. In the year 2011 I had been subject to police investigation. I attended a police interview on a voluntary basis. Due to my debilitating depression I had an appropriate adult also attend this interview who I understand was a social worker at that time. The social worker, without my explicit consent, went on to record the details of the alleged criminal charges I faced on the NHS Trust’s IT system and within my
  23. Main .... https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules ORDINARY CAUSE RULES) 1993 https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/ordinary-cause-rules Small Claims Rules. https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/small-claim-rules Simple Procedure Rules https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules
  24. I read recently that Barclays are the worst offender for dipping into current or savings account funds uninvited, but can anyone shine any light on whether Halifax are likely to take this course of action? I'm pretty confident it won't happen - it's my partner's current account which tends to be in credit for 3/4 days at the end of the month by a couple of hundred quid then soon reverts to overdraft. So if they did take a significant chunk they would effectively be using their own cash. The situation should be sorted anyway in the short to medium term but potentially having a months wages
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