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  1. Hi Can I get taken to court over the same debt twice? Have several debts, 2 with CCJ's but 6 years old early next year, paid monthly agreed amount but still balance will remain outstanding. With regard other debts, again 6 years and older, they have now dropped off my credit report and all bar one have been sold to collection agencies....can they make defaulted again or take me to court to obtain CCJ? I paid monthly a small amount but have stopped since dropping off credit report. Cheers in advance.
  2. If 4 staff have a permanent or temporary medical exemption (from the GP / occupational health) to doing part of a job (manual handling - staff are 3 female and 1 male) BUT the one male is told he has to do this part of the job (but the other 3 females not) is this an example of a breach of the equality act 2010? If it is what can be done? If it is not a breach what can be done?
  3. Hi all, I am helping a friend send a SAR to a company. They can be sent by email, I believe. I wanted to check that it is essentially the same as if you were doing it by letter? Thanks, C
  4. Hi, looking for advice I've discovered this forum. Apologies for long post...... Two weeks ago I was involved in a car accident on a roundabout. I was on my way home after picking my children up from school. I approached in the right hand lane, this lane leads to either the middle lane or the right hand lane of the roundabout. The lane markings on this major roundabout are clearly marked. I travel this route 2 to 3 times a day and as usual went to the middle lane. There were numerous cars on either side of me as we went over the motorway. After the next exit my lane becomes the left hand outside lane - and the roundabout exit lane to the motorway. A white car on my right started to indicate then immediately pulled into my lane, there was a sudden bang and the force of the impact knocked my car from the lane. There was damage to the side of my car – driver’s door and side wing, and side trim hanging off. The third party didn’t get out of their vehicle. As I was about to go speak to her, she made no acknowledgement and drove away through the traffic lights - from the left hand outside lane, which is the exit lane only to the motorway, and back around the roundabout to the right. The side trim of my car was hanging off and scraping on the road but as I had not even had the opportunity to obtain the third party’s vehicle registration number I had no option but to go after her through red traffic lights. She had then gone through a further set of traffic lights. I caught up with her and signalled to pull over. The driver stated she hadn’t left the scene of the incident (despite driving away not knowing whether or not my car was even driveable, had made no acknowledgement to me, driven through two sets of traffic lights before I was able to catch up to her). As she hadn’t stopped at the scene I called the Police as I had concerns whether she would provide the correct details under the circumstances. I was given an incident number. The third party apologised, said she believed the right hand lane she was in merged into the lane I was in. Why did she indicate if these lanes ‘merge’. There was absolutely no reason for her to change lanes, as both lanes lead to the same exit. I told her to go and check the lanes and she would find the lanes do not merge. Third party car had damage to front nearside wing. Can clearly see damage to my car is caused by the front wheel of the third party vehicle from the large round black rubber mark. This shows the third party’s wheels were turned towards my vehicle. This was 100% not my fault and I have told my insurance company I will not accept any liability for this incident. The problem is the third party has the same insurance company, at first they seemed helpful and reassuring but the last few times I’ve called for an update they seem to have a different attitude - where’s the proof she went into my lane, where’s the proof she drove away? Apparently the third party has not yet responded. The insurance company has suggested it would go split liability if it comes down to my word against hers without any cctv or witnesses. Hopefully the third party will be honest about what happened. Any advice would be appreciated.
  5. Hi all, my first post here so hoping I am in the right place Its a bit long winded but I will try to be concise as possible. I work in local authority in care centre. The same group has a number of similar centres throughout the County. We have recently been subject to management restructuring and additional responsibilities have been added to my role and other staff who do the same role as me in the other locations. We also have regular review meetings where we get together and share ideas to standardise our policies and operating procedures throughout all the centres, so we all work the same way. However, at these meetings I have discussed working hours with other staff doing this role, and find that whilst my contracted hours are 18, most of the others are on 25hrs/week. I raised this with management several months ago, both verbally and in writing, requesting that my contract be reviewed to align me with my peers. This was verbally acknowledge with a "we will look into this" but I have heard nothing more since. I have also recently discovered that when I was recruited, I was put on a higher pay grade than my peers, through employer error, which I had no idea. I suspect that they are holding off increasing my hours as they are already paying me more than everyone else for the same role, but that does not give me more time to complete my work so is not a valid reason. I am struggling to keep up with my daily tasks and finding it very stressful that I have to rush and make mistakes/forget things due to time limitations. I am looking for alternative employment as I feel I cannot continue doing this job successfully on the hours given, but feel I shouldn't have to go through this upheaval if they just agreed to increased hours. I also suspect that should I leave, my post will be re-advertised at correct pay and 25hr contract to sort this anomaly. What are my rights here? It is their mistake that I am higher paid for the same job, but that doesn't enable me to complete the work in less time, so feel I am being discriminated against. I feel its verging on constructive dismissal, but I know the terms needed to apply this are very specific. Any advice appreciated, thank you
  6. Hi all, VW dealer charged almost £700 first time when took the car to them for Engine management sign. This was after 70% discount . Invoice had EGR & particulate filters work done. It was on 17th Sep. A week after, same sign came on dash and took it back to the dealer. Now they saying that they need to replace rear EGR valve and wants £600 . Decided not to go ahead and requested to get the car back. Will be asking for printouts for diagnostics and quotation. Don't know what are our rights on this matter but shouldn't the dealer try to fix for free for the same fault that was charged but not fully fixed? At the moment, we're trying to write to parent company and to VW UK. But if goes nowhere, where and how can we proceed further? Car is VW Sharon diesel 2015 reg and not in the list for recall. Thanks.
  7. Hi there, Yesterday I received a letter from Lowell & 118 (together in one envelope) that Lowell are now the new owners of a 12 month unsecured loan I stopped paying in November 2015. During this period I also defaulted on 4 loans with 4 different payday companies however by now I have taken care of all but this one. I fully intend to take care of the last of my mess which rules out the PROVE IT route but there are a few stumbling blocks before I can do so. After checking my credit report I notice a second default has been placed on my account. How do I go about getting this removed? After also checking my credit file I notice that the original default placed on my account by 118 was not placed until 28 months after the account went delinquent despite ICO guidlines which state that 'accounts should be defaulted 3-6 months from last payment date'. How do I go about getting the original default accurately recorded to early 2016? (Giving me a clean slate in early 2022) I would like to thank you ever so much for taking the time to read through this thread and any input will be greatly appreciated.
  8. Hi I pay smpl on Morgage but they are Acenden now. I've just sent them a Sar in the hope of reclaiming charges as I know I was in arrears about 7 or more years ago with capstone what's my chance of success here? I've just noticed they have cashed the cheque and £10 has been credited to my Morgage account. Is this normal practise?
  9. A recent report claims that the costs of alcohol use to the government in England – including the NHS, police, criminal justice and welfare costs – amount to just under £4 billion a year, while tax revenue from alcohol comes to over £10 billion. So for all the deaths, misery and ruined lives they still manage to make a 6 billion pound profit on this drug, no wonder its legal, now if the country wants to get back up on its feet here is an idea. Legalise a far safer and less anti social drug namely cannabis. Allow people to grow cannabis in their own homes so that can they sell any excess to the pharmaceutical industry, this will spawn a whole new cottage industry in itself which this country desperately needs. It will have multiple benefits, huge savings on the police bill, it will create thousands of jobs and generate a huge amount of money through taxation, it will also deal a massive blow to the criminal gangs who take advantage of the situation.
  10. I had a NatWest Mastercard and I also had a NatWest Mortgage. I want to obtain details, so propose going down thw Subject Access Route. Should I send in separate SAR's (if so, will the addresses be different?) or should I just send in the one SAR whilst including the account numbers for both Mortgage and Credit Card? Any advice would be appreciated. Thanks.
  11. Good morning. Few days ago I urgently drove my friend to A&E and I unawarely made a prohibited (right) turn. 40 minutes later I drove my friend back home and committed the same contravention. I didn't see the "no right turn" sign at all, so it is completely my fault. I could also add that the road was quite deserted (although I imagine is not an excuse). I am just checking with you if there is any possibility I can only pay it once. I am quite shocked as it is my second (and third) penalty charge in over 40 years. Not mentioning the costs!! Thanks for any help or suggestion. Have a good day.
  12. Hi, My 9yo son was injured on holiday and my travel insurer wants to use a solicitor for the personal injury claim that happens to be part of a group which also collects debt and I have had some dealings with. Can anybody tell me, if this solicitor secures compensation for my son's injury, if the company can then retain it against my debts? Many thanks in advance! rune
  13. Wonder if anyone can help alleviate the burden of these series of PCNs.... I left my car legally parked on the road for approx. 1-month in March during which time my father was critically ill in hospital. When I came back to find my car to my horror it was not where I left it. Luckily I spotted it 50-100 yards down the road, half parked in a permit holders only zone and half parked outside it, with 10+ PCNs attached! Luckily a good Samaritan who lived on the street had written a note stating "your car was moved here by a lorry and lifter by the people doing the road works". I spent the next hr knocking on every house to find this neighbour and finally did find her when she explained how it was unbelievable how far the council contractors moved my car only to dump it with the bonnet poking into a controlled bay and then proceed to ticket it every single day since! This absolutely beggars belief that they are allowed to do this! Now I fully appreciate that sometime during my car being parked there that maybe the council put up signs and because I had not gone back I had not noticed so I get that they are allowed to move the car, but on what planet are they allowed to move it into a permit holders only bay a very long way away from where I left it?! this is tantamount to theft! Needless to say it's not what I need with my dad only just out of hospital, and I intend to appeal but of course my 14 day period has long passed and do I really need to lodge my appeal 10 times?! This seems absolutely ridiculous that they can cause this and then I have so much inconvenience to resolve it. Is there anyway round this by writing to them listing all the PCNs and asking to cancel them all in one go seeing as I was not responsible and I have several witnesses who will vouch for the contractors moving my car? Can I sue the contractors for distress? Any help would be much appreciated.
  14. Hey, im hoping to get some advice on a debt that just won't go away. It started when I got a contract phone from 3 uk and the phone didn't work properly. I asked for a replacement but they said they could only repair so it went off for repair for a week and I got stuck with one of there lender brick phones. Then I got it back but it still had the same problem so again it went for repair and I got the brick lender phone again. Week later I got it back and still was broken, so i went in saying replace this or I'm ending the contract. They offered to send it away again I refused and took all add ons off the contract but they wouldn't let me stop the contract itself so i told them to stick the contract and left. That was about 2010 when I cancelled and refuse any more contact with them. Not long after lowell bought the debt and hassled me every week or 2 with colourful letters for years. I refused to have any contact with them at all. After years the letters got less and less until they stopped. Last letter I think was 5 years ago and they went quiet. A couple of weeks ago I got a very polite email from bw legal on behalf of lowell asking how they can help me settle the debt with lowell. I instantly sent back a statute barred reply because the debt was so old. I got a reply from them saying lowell took it to court in 2014 so not statute barred. I received no court judgement sent to my address. Now they are politely asking me to fill in a means form or do it online but i dont want to do anything to reactivate this debt for even longer. Can anyone give any advice I just refuse to pay on principle if anything.
  15. My partner has Autism and OCD, this was not taken into consideration at any point of the Court Proceedings, does this constitute to an unfair trial ? Is it against the rules to have the Same Judge at your Appeal hearing, as at your original trail, in the (secret) Family Courts ? If other rules were also breached, causing an unfair trial, can I subsequently take any action in respect of these ? Any help or advice would be much appreciated. Many Thanks
  16. Can insurers take the excess twice for the 1 claim? I have queried a settled claim and the insurers have decided to pay me a 2nd payment but deducted the excess again. I thought they could only take it once.
  17. Hi All, I bought an item from an online store 18 months ago - it has now gone faulty. The company are willing to replace it, however, they do not have any of my colour in stock for replacement (refurbished models). They have a newer device in similar colours, which I asked if they could replace with, to no avail. Aside from the colour, the replacement device is the same specifications as mine. Can I insist on getting the same colour device as my current one? Or does that lead to only a partial refund being available?
  18. Hi everyone, I hope I have the correct forum I need help with a debt relating to management charges on two apartments. On the 24 February 2014 Northampton County Court served us with papers in respect of outstanding service charges. A1111111 name of apartment one in the amount of £3752.01 A2222222 name of apartment two in the amount of £3812.03 We challenged the figures sought by the managing agents and their solicitors, advising the Court that we had never received (and still haven't) statements of accounts. We agreed we owed service charges but believed the figures due were much lower. The County Court appeared to agree with our figures. They made a ruling in the case A22222 relating to apartment two. Judgement was ordered in favour of the claimant in the amount of £1531.27 on the 10 July 2014. We immediately paid that figure and the CCJ was removed from the register. No ruling was ever made in relation to A111111 - apartment one. As with apartment two we strongly disputed the figures claimed by the management agents and their solicitors. The Court ended up closing the file as the solicitors for the claimants apparently didn't respond to their queries. NRAM, our mortgage company, confirmed to us in writing that they had been advised a CCJ was registered against us in respect of apartment 1 in the amount of £1932.54. NRAM confirmed that they paid this figure to the claimants solicitors. We were very upset as the case was not heard never mind a ruling made. We believe the claimants solicitors sent NRAM a copy of the CCJ entered on apartment 222 in order to get the fund for apartment 1. Now a year later, the management agents have again changed at the apartment block. They requested the 2015 management charge but allowed payments by instalment. We paid the first payment on both apartments in January. By return we received a letter from the new management agents stating that as we were in serious arrears on our service charge payments they had instructed solicitors to start court action. They now claim we owe circa £4500 on each apartment. I wrote back to ask how they had commuted their figures. I advised them of the above and included confirmation from the court re the judgement as well as a copy of the letter from NRAM confirming payment. I had a very nice email back to say that they were not aware of the history and would investigate and revert. That was on Feb 9th. We heard nothing since but on Thursday we received a letter from a solicitors firm stating that they had been advised to start legal action to recover the arrears due i.e. circa £4500 per apartment. Following my long post my questions are 1) Can they sue us again over this debt when the court made a ruling and awarded a CCJ? 2) I think I need a solicitor? Does anyone have any idea how much this would cost? I believe in paying my debts and have tried to but the previous management company wouldnt accept instalments, didn't provide any reports or accounts and were extremely difficult to deal with. We asked them to request payment from our mortgage company but they said they couldn't until a judgement was in force. We bought these apartments when we were both working and had good jobs. I had to give up work due to having an autistic child, I left the UK and moved abroad. My husband still lives in the UK, lost his job and has since found another one but on a much reduced salary. We would sell if we could but both apartments are in negative equity. Thank you for your help
  19. Hello, I like to get as much help/guidance as I can as to where I stand legally on this issue. My default date on a delinquent account was October 2010. In November 2016 I checked my credit file to confirm it had been removed post 6 year anniversary (It had). However when I checked my credit file again in June 2017, I discovered that the same default had been re-registered. The default date had suspiciously changed to September 2011! I wrote a complaint letter to the creditor, and they basically stated that this was the correct default date, and that they could not find any evidence to support my claim that the default date was October 2010. I actually have a credit report, which supports my claim. I raised this with the Financial Ombudsman, provided my supporting evidence. The creditor want to make me a small settlement offer, and basically informed the Ombudsman that they did not know why the default had been re-recorded. They will also removed the default, but say it will take 4-6 week! Legally are they allowed to have re-registered my expired default? Are they breaking the law, such as the Data Protection Act? It seems plain wrong that they can do something like this. Also, should it take 4-6 week to remove a default that should not have been re-registered in the first place? Additional info: I've been repaying my debt over a number of years. Any insight or advice is much appreciated! And thank you in advance.
  20. A tenant is taking me to court for non protection of deposit. I was never given a deposit so I am not too worried about it, although I stupidly filed it late thinking I had. Anyway its Part 8 claim. She has left with over £5,000 of damage can I counterclaim on via this acknowledgement, it doesnt make it clear I can?
  21. I have an old tenant who has taken me to court for not protecting a deposit. I didnt get a deposit but it was so long ago I put my foot in it by protecting a non-existent deposit, thats another story. Short story is that we agreed on an amount to settle this before tenant left, all in writing on email. I sent over part payment and then part of the agreement was to send over the rest of the payment on satisfactory return of property. In this time I then went back to UK and found old contract showing nil deposit and old bank statements with no deposit received. At this point I was at the stage of well I had already agreed on this amount, saying yes I would give deposit back, so I had shot myself in the foot. the property was left in an awful state, £5k later to sort it out, I sent letter, on 7th May saying what you gonna do and no reply, I didnt give the rest of settlement as I was waiting for her to get back to me. No call and then I get court papers, They started on 10th May, she moved out at end of April. I received all these court papers for a claim of 3 times deposit. I asked them why didnt they call or speak to me before doing all this and they insisted that I hadnt made any effort to settle???? I send a without prejudice offer of twice deposit, they have now sent a part 36 offer of the same amount and have asked that I pay all costs, £1700 costs??? and then 2 timed deposit...... Other issues, I want to throw case out, I havent got a deposit, I want to counterclaim but where do I stand with this offer, surely they should have at least tried to contact me, the costs are alomst twice my offer???? What can I do about the costs?? I am out of UK and would rather settle as this is a headache I dont need. I cant even go on about my other personal issues they are a nightmare, just bad timing....
  22. Currently running at 87% of decisions same as original DM decision because.... This folks is why you should ignore the DWP and appeal! I'll give DWP DMs the benefit of the doubt here as although my last MR for DLA was refused.... the Mandatory Reconsideration DM actually didn't write against my new lower award but how I could win at appeal! Bizarre but true ! Reddit thread Rightsnet thread https://www.rightsnet.org.uk/forums/viewthread/11271/
  23. Hello, I hope this the the correct forum to place this, it is my first time posting! I'm trying to build my credit up and settle the newest debts (there's only a few but I've a very low credit score). I have a CCJ from 2013 for a vanquis credit card. For the same debt I have an ongoing default under Lowell on my credit report from 2012. Now I have lost against Lowell and a judgement for claimant has been granted. I'm just wondering what I can do now as I would like to just settle the debt within the 1 month but then what will happen to the default and the original CCJ. I also believe you shouldnt have a default superseeding a CCJ nor 2 x CCJs for the same judgement. If I do not pay within 1 month I'll have 2 x CCJs and a default on my credit report for the same debt. Just wondering if anyone can help with the best course of action. Many thanks,
  24. Hi, how many fines are there for being stopped in an untaxed vehicle ? paid one this morning - a penalty for failure to tax £59.17 , went out and arrived home to find another one from dvla enforcement centre for £89.00 same offence really as vehicle was brought home after being stopped and not used again, do I have to pay this as well,
  25. Received 2 NIPs from different police forces after being caught by speed cameras, one in one force area, the 2nd in another force area. Was continuing a journey on the same motorway in the middle of the night, temp roadworks - unmanned - speed not excessive but over the limit, but each one was within the speed thresholds. One force offered me a speed awareness course, but the other refused and instead issued me with the more severe *Conditional Offer Of Fixed Penalty*, i.e. £100 fine plus 3 points. I did the course, cost me £76. I contend that the other force should not have issued me with the conditional fixed penalty and that both offences were only seen as separate because - unknowingly to me - the 2 speed cameras were in different force areas, even although I was still on the same motorway. Seems excessive punishment and a technicality is being used in order to deny me another speed awareness course offer, i.e. that only one can be done every 3 years. I've checked all the guidelines and the force in question has apparently breached them. I now stand to get a court summons because I've refused to accept the *COOFP* and would claim that both offences should not be separate but ought to be seen as one only. Seems like they want two bites of the same cherry? A tricky one where it seems as if their guidelines can't cope with my circumstances, so instead of either treating them as a continuation of the first offence, or taking no action, they seem hell bent on prosecuting me. Any thoughts ??
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