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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 of execution of service; or (b) where the defender is resident or has a place of business outside Europe, 42 days after the date of execution of service. (2) Subject to paragraph (3), the sheriff may, on cause shown, shorten or extend the period of notice on such conditions as to the method or manner of service as he thinks fit. (3) A period of notice may not be reduced to a period of less than 2 days. (4) Where a period of notice expires on a Saturday, Sunday, or public or court holiday, the period of notice shall be deemed to expire on the next day on which the sheriff clerk's office is open for civil court business. worthy notes: Actions relating to regulated agreements 3.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974 the initial writ shall include an averment that such an agreement exists and details of that agreement. - thus...get a CCA request running to the pursuers filling in form 07 The notice of intention to defend, together with the court fee of £ (129 as at aug 2019) must be lodged with the Sheriff Clerk at the court address return the form in person if you can to the relevant sheriff's clerk office or email [pay by card over the phone] you must copy the form to the claimant too. you then have 14 days to intimate [file] your defence but there's no reason to not to file your defence at the same time Defences 9.6. (1) Where a notice of intention to defend has been lodged, the defender shall (subject to paragraph (3)) lodge defences within 14 days after the expiry of the period of notice. (2) Subject to rule 19.1(3) (form of defences where counterclaim included), defences shall be in the form of answers in numbered paragraphs corresponding to the articles of the condescendence and shall have appended a note of the pleas-in-law of the defender. Implied admissions 9.7. Every statement of fact made by a party shall be answered by every other party, and if such a statement by one party within the knowledge of another party is not denied by that other party, that other party shall be deemed to have admitted that statement of fact. your defence MUST be completed in the prescribed format [IMPORTANT] how to do this is described in chapter 2 of the guidance notes attached dx chapter-9---standard-procedure-in-defended-causes-(2) (1).pdf chapter-03-(actions-lodged-on-or-after-22-september-2015) (1).pdf Guidance on Ordinary Actions cause .pdf -
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 with a long black coat (not making this one up I swear) and a lovely badge from “Callresolve” anyhow, as he did not look like your average postman, I asked what he wanted. He said before he could tell me he had to “confirm” my details… I said “ah ok that would be good” and he started “if I could confirm the address” (yes that was right on the front door), I looked at the house number and pointed out at the street sign outside…. He said it was process, then (and this is where it gets quite interesting) he asked for my Date of Birth (to which I replied , I had one and I was happy with it). Anyway at that point I also added that he could “Jog on” and to ensure his coat would not get stuck on the porch. The question is, as Idem ignored any “prove it letter” or even CCA and without my authorization they passed on my private details to a third party. Are they in breach of GDPR guidance. As I thought under the new regulation ALL information can only be passed to third parties with someone’s explicit agreement (I never gave that agreement to Idem. I also got rather annoyed and called Idem, told them that I was still awaiting for the CCA and prove of debt (i.e deed) they said they were not obliged (rightly so I believe, ) to send me the deed of assignment however I asked them if they could confirm and send the confirmation of when they told me of their “Ownership” of the debt, they stated as it was sent in 2009 they did not have a copy (?) Could someone confirm what information I could ask for and if anything else I should be weary of? Idem seem to have got hold of a phone number which I seldom use, and also an email address which I used to set up a DMP years ago (but was still going on last year but NOT for Idem)….are they under obligation to let me know how they got hold of my data and who provided to them? Is there a template for GDPR ? and also what is the process to lodge a complain and to whom? The ICO (from what I can read, would limit itself to “remind” Idem to comply with requirements) Hope the above makes sense!
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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 begin to put together their defence... (BEGIN to??!) and I pointed out that I had already applied for Judgement as they were now out of time (CPR 12.3 (2)a "The Claimant may obtain Judgement by Default where acknowledgement of service has been filed but a defence has not been filed and the time for filing has expired). The Solicitor said that the extra 21 days dont start until they are rubber stamped by a judge. Today I received notification from the Court that the request for judgement has been returned by the judge for referral to a District Judge. So, my question is: Where extra time is requested and not challenged, is it accepted that the extra time is granted by agreement? Or can this defendant solicitor continue to delay filing until they get a rubber stamp agreeing extra time? My reading of the rules that where extra time is agreed 28 days would be given, would apply where no challenge is made to the request for extra time. How do I challenge this and stop them late filing please?
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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 Tribunals, Courts & Enforcement Act 2007. On the same date (6th April 2014) the Magistrate's Courts Rules 1981 were also amended to provide that the person owing the court fine would in future be referred to as a 'debtor'. Part 52 of the Criminal Procedure Rules (Enforcement of fines and others order for payment) outlines the procedure that must be followed when a warrant of control (previously a warrant of distress) is enforced by a bailiff/enforcement agent. As a consequence of Part 3 of the Tribunals, Courts and Enforcement Act 2007, and the associated Taking Control of Goods Regulations 2013 and the Taking Control of Goods (Fees) Regulations 2014 coming into effect on 6th April 2014 the Criminal Procedure Rules Committee has brought the rules up to date. The changes are outlined in the new Criminal Procedure (Amendment) Rules 2015 which were laid in Parliament a few days ago. -
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 they dont like chargebacks - and apparently their rules insist that users must contact them first for any unauthorized transactions. There rules are saying if there are unauthorized transactions you must not contact your bank until you contact PS first -surely that can't be right legally and goes against consumer law ?
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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 ?
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http://www.bbc.co.uk/news/uk-40727400 -
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
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New rules for taxation of termination payments READ MORE HERE: https://www.gov.uk/government/news/new-rules-for-taxation-of-termination-payments
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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 encourage customers to shop around. https://uk.yahoo.com/finance/news/rac-apologise-1-million-customers-breaking-insurance-renewal-rules-121828308.html
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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) ?
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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 -
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 help determine when the point is that I need to stop claiming, let me know if there is anything you need to know. I look forward to any replies. Let me know if you really wanna hear the long version, trust me its long! Thanks in advance for any help!
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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
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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 read the responses by the claimant and the respondent and decide what should happen. it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters. they must explain and help the respondent in legal matters use the response form 4a PDF attached to post 2 or 3
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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
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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 larger ones is £350 :o0 and approx £80 for the other two £80 was fees of the small ones and £150 kept and off set against the other £350, he has an invoice asking for approx £200 for the larger two. He was talking to me this morning and he explained what was the situation, he was ok with it.. .until i pointed out, they have breeched their own agreement with him!! As he has NOT been paid for the larger two, and taking into account they run a system where you do not pay them until you have been paid, offsetting the other money is indeed breeching their own rules and agreement he has with them. be warned, these people WILL keep money owed to you BEFORE you get paid for any larger refunds. he has contacted them and is negotiating a outcome, i do not known what is the end result. I just thought this needs to be highlighted and a warning for any one out there to be careful
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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
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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 struggling to find a definitive answer on Scottish Decrees. Ideally if I can avoid a decree/have it set aside I will offer to continue paying a token payment, or if I come back to the UK and work, increase payments and pay the debt off in full, If i never come back i guess it will get statute barred! Thanks in advance for any help!!
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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
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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. he put in clam into their court for breach of contract non-payment of invoices. the debt collection company put a defence in and my friend put in an order to have their defence struck out due to no reasonable ground of success and a hearing date was set. Once in the court room the solicitor from the DCC motion the judge to hear the defence first. My friend said his should go first but the judge over ruled him, and said he wanted to hear the DCC first. The solicitor did not use what was in his defence pack but made broad statements in general and not specifics of their defence. When my friend got the chance to start his presentment he was cut short by the judge and not allowed to continue. The judge turned the hearing into a trial. He then summed up the case on what he believed the DCC was thinking not on performance of the contract. If he had been given the chance to put his case he would have destroyed the defence. He want to ask for a new hearing due to what had happened but he is looking for the CPR rules that judge did not follow so he can have a chance of a new hearing or appeal. can you help. What rules were not followed by the judge which would allow a new hearing or appeal.
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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
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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 electronic patient records. This information is categorised as highly sensitive information as defined under section 2 (h) of the Data Protection Act and the Trust seemingly recorded this information unlawfully. Their response however is that the processing of this information was 'necessary for medical purposes'. The criminal matter has been long since disposed of in my favour however the Trust are continuously processing this information wherever and whenever possible. I am not clear on whether or not explicit consent was needed here. It seems to me it was. I should be most grateful for any input.
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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 -
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 wiped out is a bit of a worry. As ever any advice would be most appreciated.
