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Found 15 results

  1. Just looking for some advice, recently I asked my work coach at my Job Centre if the worst comes and I do face a sanction in the future while I am on Universal Credit, will my housing element be affected as well, and he said yes, is this true? I thought housing element won't be affected while on a sanction, or his he wrong? I just hope I don't end up on UC for too long, I am aiming to get into work ASAP.
  2. Hi, I have just obtained an Injunction against a person. It needs serving before Monday next 25th July but the court have posted it to me instead of telling me to collect it. As it will not arrive until tomorrow, Saturday 23rd, it will be too late to instruct a process server. Can I serve it myself either to the person involved or through their letter box? It will involve an 8 hour round trip on my part but as it it urgent, I will have to do it.
  3. Hi I have been seeking advice for my situation because I have no choice but to serve a writ to try and recover a loan I made to a friend. I did contact my local CAB but they were really not helpful. I did not think there may be any listings on CAG for issues like mine, so I was so glad I searched through CAG. I found the thread http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences by Andyorch very helpful and am grateful for this. I have been quite ill over the past few years and thankfully now recovering and getting my life together. when I was healthy and well off, I helped a desperate friend repay his credit cards over the period 2005 to 2008. What a mistake. ! whilst i have been really ill and desperate over the last few years the guy was no where to be found. I do not have a signed agreement, but i do have substantial paperwork to prove the loan and a documented admittance from him that I made the payments on his behalf. I have more than enough paperwork to prove the loan and that none has been repaid. After many, many phone calls and getting no where I finally wrote to him a couple of months ago and asked for my money back. To my surprise I received a 'Without Prejudice' letter from his solicitors basically stating that a. some parts of the loan is too old and therefore no longer applicable b. if it goes to court they will defend c. they will ask the court for indemnity from me for their fees. I did not take the comments from his solicitors too seriously other than just a threat to put me off. How ever it was clear that i have to sue. Some parts of the loan is old as the initial payment dates back to 2005 - however, they are part of the same loan spanning over three years and that can be proven quite categorically. My first question is on the subject of pre-action protocol; I asked for my money back and his solicitors pretty much told me to get lost. So what more can I do? As its a Without prejudice letter, I cannot include this in my documents, but I can summarise their comments as I have done above. My second question is can they apply to the court for an indemnity from me? I guess my credit history is not great but I am not a registered bankrupt. However, I am on ESA and I understand that as a result, I am exempt from having to pay the court fees. I understand from the county court that I have to prove I am on ESA when I serve my writ and the court will waiver the fees. My third question is how do I go about trying to get legal aid. I cannot afford a solicitor. I asked this to CAB and I am sorry to say but they said they cannot help. The amount of loan is quite substantial as its over 5K. Will some one help please? Thank you Burmafriday.
  4. I need to serve a section 8 notice, I'm on the premises & can open the door to allow them to serve the tenants notice. The residence is a private residential address. I'm already staying on the premises, & I can open the door from the inside, & allow the bailiff in to serve notice. Is this legal? The tricky part is, I dont have a tenancy agreement to prove I live on the property, but I can prove I'm the landlord. & the tenants still have a tenancy contract AST on the property. Basically can the tenants claim forced entry, or something, if I allow a bailiff entry to serve notice?
  5. i have received a letter through the door indicating i am about to be issued with a stat demand on behalf of a company called P&A receivables plc. it reads 'i have been directed to serve you with a statutory demand issued under the insolvency act 1986 on behalf of the creditor. unfortunately on the letter it does not give any further details. all they say is they will be returning on a date and a time to either issue the demand or post it through the letter box!!! what should i do???
  6. Morning Guys/Girls. Thank you in advance for this help. Hope this is in the right section (sorry if not) Very long story short, when I was younger, burying my head was great and new cars had been top of my list! Fast forward ten years, that's not the case!! About 8 years ago, I took a car on finance through Welcome...(£6995) after 3 years, I got into trouble with work & the car got repossessed. At the time around 3900 had been paid. Fast forward to last year, I got called to court (8 months before it with have been statute barred) and I was given a CCJ for £12000. At the end, the judge said, "the creditor will contact you for payment" And as we walked out, so did the solicitor. I recently received a "missed" parcel from APS. Quick look ok here, it seemed it would be in relation to the CCJ. I called welcome to make payment plan, they told me to contact IND, I contacted them, and they said I need to reply to APS as I have a date set in court on 10th November. But I MUST get te letter re delivered from APS. I'm assuming they are trying to SERVE me? The girl at IND said it was to sit with someone in court to arrange a payment plan and go through my finances. Would that be a "Order to obtain information" ? So, the second I finished the call, I sent a letter registered, to the court that issued the CCJ, Welcome Finance And IND wth a breakdown of my finances and an offer to pay £35pcm. My basic wage is £15000 before tax. And have other debts I have payment plans with. I suppose I just need some advice on this "order to obtain" if IND accost my payment plan, will they cancel that? Has it done me any favours with the court offering to make a payment? What happens if I'm not Served before the 10th November? Will they just set a new date? Thank you so much again, any advice is helpful ��
  7. Hi, Sorry if I have come in to the wrong section but I have an issue with a notice to quit my garage from Eastbourne County Council. Basically, I fell into arrears with my garage rent as they didn't have the correct direct debiticon details. Anyhow I was served with a Notice to Quit letter 0n 6th August advising that I had 7 days to pay arrears or they change the locks and take possession. I paid the full arrears on the 7th day and received my receipt. However they still changed the locks as the payment wasn't allocated to my rent account. I showed them that I made the payment and showed them the receipt and that it was paid in the 7 days but they tell be that I can't have my garage back. Can a local authority do this if I have met their demand and they still change the locks, all my work tools are in there and can't get in. Any info would be helpful. Thanks
  8. I went over to Ashton Moss on Saturday night, it was about 8pm, pitch black and hailstoning. Due to works being carried out, a big chunk of the car park was closed off I parked on a road which goes around (but within the perimeter) of the car park. This road did not contain single or yellow lines, there wasnt any marked bays along this stretch, i thought I was ok to park here, as did all the other people along there too. On returning to my car, I find a ticket has been served to me for "Not parked correctly within the markings of the bay or space". maybe i shouldnt have parked on the road, yes there was a sign but i didnt see it until i returned this morning to look, (it was dark and hammering down on Saturday night) and as the carpark layout had changed, i was stressed as it was and as there were no yellow lines, presumed I was ok to park there, can i refuse to pay the fine as the reason i was given it, isnt correct, there was no bay or space markings for me to not park correctly. Can i appeal on these grounds or will they just change the reason for the ticket
  9. I'm having a bit of a senior moment [again] I have an ongoing claim v a financial institution to which it has counterclaimed the debit balance.... terminating the account 2 days prior to filing its defence and cc. Within its particulars it relies on a DN served some 5 years ago, my issue is that I do have the original DN and whilst its bad it makes no mention of this but relies on one it alleges it 'sent' to me some 3 days later...... I certainly have no record of this second DN, all previous enquiries with the defendant prior to filing disclosed no mention of this within its account logs and notes, there being no entries for that date. The day of 'sending' the 2nd DN as particularised being a Sunday, is there any method of service or interpretation of sending or serve which specifically refers to a Sunday?
  10. Hi Can someone confirm something please, have an ongoing complaint with MEM Consumer Finance (t/a PDUK). They have written stating they are not legally obliged to issue a Default Notice and confirm that they did not do so before reporting a default on CRF. They also go on to say they do not terminate credit agreements and Default Notices are only required in the case of a creditor terminating a credit agreement. The end date of the fixed sum agreement is the end contractual due date. I have a copy of the of the Fixed Sum Agreement and able to upload that and copy of the companies response letter for reading. Also to note I was hounded by Mucky Hall as they sent it to them when nothing was due, fully repaid!
  11. Hi there I am confused! I have been having numerous telephone calls from Frederikson International Ltd about an old overdraft with Lloyds. I have ignored the phone and the calls have stopped. However a man called Terry knocked on the door last Friday and asked my 13yr old if I was in. My husband didn't answer any of his questions! I thought her was for the overdraft but I received a letter yesterday with a paying in card from Frederikson stating I could pay at our local post office - which closed about 6 years ago!! I have just checked our mail box and there is a hand delivered letter from T Brydon from Lewis International saying that Lowell have asked him to serve a SD and he will be back on the 20th April. As I haven't left the house since yesterday I can only assume that he didn't knock but posted it. I have had 2 dealings with Lowell - one was for a Capital 1 card and they served a SD. That is how I found this site!! I sent off for the CCA (?) and filed against them and of course they didn't turn up to court. The next week they wrote and said as a goodwill gesture they were closing the case! The second has been for an old T-mobile account. Hamptons Legal last wrote to me on the 11th April 2011. So my question is would they now be issuing a sd after waiting a year? Would they have bought the overdraft off of Frederikson but if so why are they writing to me yesterday? Any thoughts?? Thanks
  12. Hi, I own a property and rent it out via a lettings agency. It's purely as I can't live there and haven't achieved a sale. I have a tenant who is difficult but either way I may have an interested buyer and need the tenant to leave in reasonable time. I'm told that to simply serve notice is £48. Is there an alternative to this?
  13. Hello all, I was wondering if anyone could help. I received a letter about a week ago from Debt Mangers LTD stating they had been looking for a person with my name and to contact them, the usual phishing trip, which I ignored. Today I have received a letter headed Doorstep Visit with a threat to have someone call at my address unless I call them immediately. They claim I owe £728 to Arrow/Orange. I did have an Orange phone account, but not since October of 2007, and I cannot recall owing them anything. My main concern is that I live on a property that shares grounds with my landlord, and do not want debt collectors turning up, especially since no details of any money owing have been given. Any advice on how to proceed? Many thanks
  14. Does anyone know what address of the CSA I would serve a Small Claim at? They seem to be reluctant to give me one apart from their complaints address which I have already written to and am getting nowhere. Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
  15. Does anyone know the legalities of who is authorized to serve a warrant? I have a warrant issued from Northampton for a PCN from Bromley Council who have employed JBW Group to collect but then used a independent bailiff. This chap is on the Bailiff register in Leeds and not with JBW but his own company. Is the council allowed to use this independent Bailiff since he is not employed directly by them?
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