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Found 14 results

  1. I am really encouraged after reading many posts on various debts. I had a Store card with Creation and I did have an arrangement to pay but they told me it was not enough and through Drydens got a CCJ. They told me that if I were to pay the full outstanding balance that they requested no court case. Somehow I managed to find the money nearly 2k and paid them. Yet somehow I got a CCJ. I did not go to the court or had a defence. That was in 2011 and it will be SB'd in May this year. I read it somewhere if I paid the full amount I should not have had the CCJ. Is this correct? My question is that if it is possible to remove this judgement because I was told that if I were to pay in full no court case? Any advice would be greatly appreciated.
  2. Hi everyone, please be patient with me as i am new on this site. My partner divorced his ex wife a couple of years ago and it cost him over £1000 but at the time did not have more money to be able to resolve the financial side of things ie selling the property and a clean break order, so we spoke to a solicitor a couple weeks ago and she said that it can cost him between 3 and 5 thousand pounds to go back to court to sort out the financial side of things. we can't afford this kind of money as we dont have any savings etc, so we are going to attempt to do this ourselfs, the story is as follows and thankyou in advance for any help offered on here as we dont have a clue on what we are doing:-D... As mentioned he divorced her, she lived in the mortgage free property as they paid the mortgage off before he left her due to her drinking, her abusive and unresonable behaviour 8+years ago, he also did alterations and extension to the property before he left, they have a son together that also lived in the property with his ex wife up until over a year ago when she kicked out her 17yr old son and tried to get him done through the police for actual or grivious bodily harm, the police took the minor to court and she was basically laughed out of court by everyone as her allegations were unfounded and it turned out that she had smacked him and he tried moving her of him when she struck him but because she was severely drunk she fell and hurt herself, the child then went to live with my partner at the grandparents house, she has been harrassing with callls and messages for a number of months now wich has been reported to the police in the past and she got a telling off from them but she keeps doing it, anyway we just want her completely out of our lives now and my partner wants to sell the property that she is in still so that he can secure a home for himself and his son who is now 18yrs old . I went to the courts today and they gave me a CPR Part 8 claim for to fill in. My questions are: 1. Is this the correct form? 2. Are there any templates that i could follow to fill it in as there is not much space where it says details of claim. 3. The deeds of the property shows them as joint tenants and he is entitled to half of the house in theory, so how quickly and likely is it that he will get a house sale order? 4. We know that if the judge agrees to him having the property sold so he can receive his share we know that she will try to put prospective buyers off, so can something be added by the judge stipulating that she is not allowed to put prospective buyers off and can he be there when people go to view the property?. 5. Can we send a estate agent round to value the house as we dont have a clue how much its worth so we can add this to the claim. 6. We were also told that after this he has to apply for a clean break order so that she wont be entitled to any of his finances, pensions etc, any ideas on how we go about doing this? Any advice will be very welcomed as we cant carry on with this situation any longer she is making our lives a misery, we have even offered her mediation so that they can come to some form of agreement to sell the house but she point blank refused as in her eyes its her house and he is not entitled to any share of it!!!
  3. Hi, in my area the council have just painted double lines on one side of my road. The road is fairly narrow, but there was room for people to park close to the wall and other cars could still get past. However, they've now put double yellow lines down the side where people used to park. It dawned on me that I could simply park on the other side of the road, would I be correct in assuming this? Or do the lines apply to both sides? I've been looking everywhere to try to find out this regulation but can't find any info at all. So if any of you know the answer that'd be great. I can provide photos if that'd help? Thanks.
  4. I am a defendant in a fast track case. I have the other parties documents I requested copies of from their disclosure by list. There are other docs I know of the existence of and want the other party to disclose them as I think they have left them out because they will hurt their case. I have written to them requesting these be disclosed but have not heard back or received supplemental disclosure of these docs. I don't expect to hear back as they refuse to communicate with me regarding this litigation. I am planning to apply for a Specific Disclosure order and cannot find much guidance online on how to go about this. I want them to disclose specific documents, rather than to do an additional search as I think these should have been found and disclosed within the search they already carried out. There are 11 docs in total I want them to disclose. Some of the docs are mentioned by them in emails they disclosed, some are police records they can get through a subject access request, they have disclosed the Crime Ref numbers of these incidents and referred to them in letters they disclosed. My questions are: 1. What do I put in the draft order? 2. What do I put in my supporting evidence/information to support the application? 3. How do I refer to the places that bought these documents existence to light? Many thanks
  5. Hello everybody, I am after some advice with regards to appealing a Penalty Charge Notice. I was doing some work for a client at one of their rental properties in Battersea (Cupar Road). I turned into Cupar Road from Battersea Park Road and drove to the end where I saw a parking space on the left (and coincidently right by the house I was working on). As I got out of the car I saw the sign saying “Permit Holders or Pay at machine”. Underneath there was an arrow directing you to the nearest ticket machine. In that direction, was another sign stating the same thing; Permit holders or pay at machine. I went to the machine and got the parkmobile location number and started my parking via the phone app. About 30 minutes into my parking, I see a traffic warden putting a ticket on my car with a Code 12 and for a cost of £130!!! I said I had parked via parkmobile and showed him the running app on the phone. He responded that I have parked on the wrong side of the road! Permit holders only on one side and a mixture on the other! I pointed at the sign when I pulled up (which is right opposite the end space where I had parked. He said, I need to check the other sign (which was about 10 – 15 yards back down the road, in the opposite direction of the ticket machine and the arrows on the other signs). I saw the sign as I got out of the car and another one just over the road both saying pay at machine. The warden noted it was a genuine error and I had paid to park. He also recognised that I am not a resident and just doing some work there. He advised me to appeal and he would write a note saying I was working, so not familiar with the area and parking restrictions. He took photos of the car and the black bags I had lined up to show that we had chatted and that I was working on the house and not a resident. He said in all likelihood, the PCN would be overturned. I also took photos of the car with the sign right opposite the car, which would be the first signage you saw from the car, then backed up with a second sign a little toward the ticket machine which is directly in front of the car. It never occurred to me that there would be a third sign lurking a bit further down the road saying permit holders only or that parking on one side of the road or the other made a difference. I hadn’t come across this parking arrangement before (Live in a small village in Sussex). In my mind, the signage doesn’t make it particularly clear that you have to park on one side of the road or the other. Plus, the positioning of the signs; One right at the end saying pay at machine with arrows toward the machine and another in the opposite direction saying permit holders only. As the machine was at the top of the road and that another sign was there inviting you to pay, I had no reason to walk down the road. In my mind, I saw two signs saying pay at machine and that I could pay and park. Many thanks
  6. I just thought that I'd share that I've been with a company called Utilita for a year now and had their prepayment Smart Meter energy. From the get-go, I've had nothing but great service. The handiness of having an accurate (to the minute) update on what I'm using, how much I've used and how long I've got left before I need to top up has been immense. be warned they don't participate in warm home discount in all cases, but on that note, as the sales person told me that I would get it, they honoured that, apologised for the confusion and sent me a letter as proof of honouring their mistake. Something I've never really seen an energy company do. On top of that, Since moving to them I've had two price decreases, both outside and before the "big 6" decreased their prices and at 2% more than each of their decreases. The only gripe that I have, and a minor one, is that their smart-phone app only deals with payments. It doesn't have any interaction with your energy usage results. Anyhoo, I thought that amidst the gloom and doom of energy I'd share this little gem. Hope this helps others! Cheers, Ade
  7. Hi everybody Looking for some advice. Read a few threads but no answers. In November me and some friends signed up for a 5a side football league. We signed up online and ticks a box which states: I accept full responsibility on behalf of my team to fulfil and pay for all fixtures for the season. I accept that once the fixtures have been done I cannot withdraw until a replacement team has been found. I agree to XXXXx's terms and conditions, and agree to abide by the rules of the competition. I am aged 18 or over. I read the terms and conditions and accepted. On the league advert, they also show two different costs. £30 and £28 Week one, we played and paid the match fee of £30. Was told there was 8 teams in the league. Week two, we played and again paid the match fee. However the teams had increased now to 10 teams in the league. we played a further 5 games and missed three fixtures, brining our total of games to 10 Knowing we missed a game, we was aware of the 'double match fee' and was expecting to pay £60. At no point was we asked for this is the following weeks of attending. We decided that we did not want to continue anymore so got in touch with the league and expressed we would not be able to fulfill fixtures and would be resigning. Knowing we would owe some money, I had an invoice arrive at my address saying we owed a 'single fee for the first missed fixture' and 'double fee for the second missed fixture' expecting to be charged £90. But in fact it was £108 A week later, I received a second invoice. It makes no reference to the first invoice. Instead now says: Fail to fulfil fixture- single fee £36 Fail to fulfil fixtures on xxx date and xxx date- double fee £120 Remaining games to end of season- 11@£60 £660 Total owed £816 My queries: 1- there is no date to pay stated, just a 'contact head office immediately' 2- on the league table, my team has played 9 games despite playing 10. So we have 8 remaining. £480 owed 3- when signing up, I joined a league and not a cup, yet we were added in for two weeks of cup fixtures. An extra 2 weeks worth of fees. 4- as described, first week there was 8 teams, second there was 10. In essence, does this technically mean the league have added on an extra 4 games and their fees onto our seasons costs. As when we registered, there was 8 Thanks for any support given
  8. On the 05/12/2015 Government considers adding council tax support to Universal Credit! Full story here >>http://www.publicsectorexecutive.com/Public-Sector-News/government-considers-adding-council-tax-support-to-universal-credit "Former MP and council leader Eric Ollerenshaw will chair a review on behalf of the DCLG to assess if local council tax support (LCTS) schemes are acting as a fair and effective system countrywide, and whether it should become part of Universal Credit payments in the future. The review will also examine how the reform of council tax benefit has been implemented and how it affects those reliant on this support". Although this is just a review at present it could become fact. I am just opening up a discussion in to this new matter and hopefully let the wider claimant know now just in case they make it part of UC... I can for see several issues with this in as much as follows: 1. If the Government do act on this and make the claimants responsible for paying their own CT, then giving them the money to pay it. 2. Since it often takes up to 7 weeks to get your first payment then you may already be in arrears by this amount. 3. If in arrears you could face the fact you could be taken to Court and a Liability Order (LO) issued against you. 4. If they do take you to Court and get an LO issued you may face a letter fee of about £75-00 5. Then if you fail to set up an agreement to pay they may add a further £235-00 to your bill. 6. I can see that in some cases where this can cause even more of a hopeless situation for some claimants. 7. There could be further debt issues and then all of this spiralling out of control! What can claimants do to stop this? Their only option could be is to save the amount and keep it safe. This just so when you go on to Universal Credit (UC) then you can pay your bill on time (CT) therefore not falling in to this horrible trap.
  9. I have developed dark blue stains on my face and when I went to my GP was told that they were because I had been prescribed Minocycline tablets for Acne and left on them for 30 years and never been told that the skin staining can be a side effect. I was referred to a NHS skin clinic and was told by the consultant that the patches may never go and they are not suitable for lazer treatment as they are on a lower layer of the skin make up. Only option is camouflage make up, I am extremely upset over this and very angry that I was never warned of this side effect. I feel I have a genuine case for negligence here. Any advice please
  10. Good evening, I have to attend court this week as a company that i launched a small claims against has sought to have a judgement set a side. I followed all the steps using the money claim online system, the company filled an acknowledgement of service and then failed to file a defence, they haven't done anything until 36 days after the judgement was issued. One of the lines in their defence letter was that the individual didn't take over the running of the company until a date which they have not entered but they say that the issues i have raised starting 2010 were before they took over the company. However they have been listed as a director since 2006? Has anyone got any advice as to what i should do at the hearing? i have copies of emails detailing all the issues that i have. Also i have paperwork from a 3rd party showing dates that they sent payments which were either delayed by upto 3 weeks or never passed on to me. Any help and or advice would be very welcome. Kev
  11. Hi, has anyone had any problems with this company? (infurn.com). Recently, I purchased some furniture from them. I panicked after I had paid them because I didn't receive a confirmation email or any information regarding my order. I emailed them 3 times and tried to call their number in Spain (the number didn't work). I eventually received an email informing me I would receive my goods in February!!! HELP!!! What do I do?????? Thanks
  12. Hi Folks Can anyone help? Parked my car on what I thought was a local ordinary road at the junction of a red route. As a local I thought I was parked on a local road with free parking but very close to the end of the road. I was parked just behind but not on the pedestrian access crossing of the road. There was more than adequate room for cars to turn into the road. All cars exit the road turning left. On returning to the car I found a PCN on the windscreen and a van behind me had also received one. Just behind us was a RED ROUTE sign - in some way indicating that the local side road off the red route was a red route too! Cars parked behind the van and behind the red route sign did not have parking tickets. There are no road markings by the kerb nor are there any kerb markings, or red lines whatsoever. Neither are there red lines or signs on the actual red route!!!! - however it is the A4 which is a major route into and out of London. Can anyone advise if this PCN is legal? Do I have a case to get this cancelled? Ticket says vehicle was "stopped where prohibited (on a red route or clearway)" when clearly the road is a local road. It looks like Transport for London have stolen some of a local side road as a red route/clearway!
  13. At the hearing for setting the judgement aside the claimant was unable to supply any evidence and had sent the court documents to the wrong address. My application to set aside was granted. What will happen next? Can I claim the costs I have incurred? Thanks
  14. Good evening all I am currently helping a friend who had a CCJ judgement by default at Northampton CC for unpaid solicitor’s fees on 30 July 2012. It has now come to a point where the solicitors have made an application to the courts for a charging order against her home. The original hearing was on 3 October but was adjourned to 28 November. I am strongly in belief that my friend has very good reasons for asking the original CCJ judgement to be set aside for the reasons set out below. For the purposes of this thread my friend will be X and the solicitor’s Y. Timeline 3J une 2005 X receives a bill totalling £3,435.55 inc VAT for services provided by Y in relation to a divorce settlement. June 2005 to 29 June 2011 X got into serious financial difficulty and set up a DMP through the Consumer Credit Counselling Service (CCCS).The DMP had been in place for 6 years .Monthly payments were made to Y based on what X could afford each year and therefore varied for one year to the next. Only one monthly payment was missed in 6 years. 29 June 2011 X received a lump sum payment as part of the divorce settlement agreed by the courts. Originally the settlement amount was secured by a charging order against X ex-husbands property. This was 10% of the value of the property when sold. July to October 2011 X made several attempts by letter and phone to pay the outstanding balance to Y in full. Y never got back to X. 26 April 2012 Letter from Y to X. In brief · Outlining to X the outstanding bill of 3 June 2005, acknowledging the payments already made · Y had a sign authority and undertaking from X dated 12 Feb 2007 under which X had agreed to repay in full Y outstanding costs when the ex-husbands property was sold. To date this property has not sold · Confirmation that X had tried to arrange to pay the full balance from July to October 2011 when the lump sum payment was received · Y made proposals to settle the matter, which included - For an informal charge to be placed on X home address - Waive all interest from 2005 to Mar 2012 - Discharge all the costs of preparations of charge forms & dealing with HM Land registry - Would not legally enforce the informal charging order - Y gave X 21 days to agree to this. 26 Apr to 13 June 2012 X made no attempt to contact Y about their letter of 26 April 2012. 13 June 2012 Particulars of claim submitted by Y to the courts. 21 June 2012 X mum had a serious heart attack. 22 June 2012 Notice of issue served by Northampton Court to X. X had to the 6 July 2012 to reply. 2 July 2012 Acknowledgement of service sent to Y by X, but only partially filled in by X. X had to put in a defence to Northampton Court by 6 July 2012. 30 July 2012 Judgement for claimant in favour of Y in default as X had submitted an incomplete defence. 3 Aug 2012 Application for charging order on land or property in relation to the CCJ of 30 July 2012 madeby Y. 13 Aug 2012 Y submitted additional information in support of the application by Y for a charging order. Application order to be heard on 3 Oct 2012 28 Aug 2012 Letter from X to Y confirming receipt of all paperwork from Y over the past few months. 10 Sept 2012 Defence response to claim by Y. Witness statement of X signed on this date. X did not realise that this was supposed to go to Northampton Court for 6 July 2012. 24 Sept 2012 Reply on behalf of Y to the witness statement of X. 3 Oct 2012 Interim charging order hearing adjourned. Briefreason for set aside request Mum suffered a serious heart attack on 21 June 2012. Response pack received and partially filled in by X and sent to Y. Acknowledgement of service not dated BUT envelope and contents received by Y on 2 July 2012. Y sent out a reply on 3 July 2012 advising that the original Acknowledgment of Service had not been fully completed and possible steps that can be taken. X received this on 4 July2012 and had to submit it to Northampton Court by 6 July 2012. X mind was not in the right place as a result of her mum’s heart attack and would have filed a proper defence if this additional stress was not present. Questions 1. If X applied for a set aside request, based on the facts provided, what is the chance of her achieving this? 2. What is the procedure for requesting a set aside order? Any advice would be greatly received.
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