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  1. Hello everyone, I have recently issued a small claim against a company, but do not want to go through with it any further. The defendant did issue a defence and requested for Mediation, but subsequently changed their mind. I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email? I have been utilising the new beta Money Claims service, which does not provide information on the matter. I was wondering if anyone could assist me? I'm new to this and this is my first small claims case.
  2. Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
  3. To provide some background, I have been helping my brother with his building development. His builder has now walked off site, is claiming that he is due extra money for alleged variations and has refused to return to site to complete the works until we settle the invoice for these alleged variations. He has now issued a court claim in my name although all invoices are in my brothers name (including the one for the variations, which is the subject of the claim), the property is in my brothers name and my brother has made all stage payments to date. The builders solicitor is claiming that it is acceptable that the builder has issued the claim in my name as the original quote was in my name. I would like to strike the case out as the invoice was not mine to pay and therefore the debt is not mine. Any opinions gratefully received.
  4. RAF jets strike chemical weapon facility in Syria READ MORE HERE: https://www.gov.uk/government/news/raf-jets-strike-chemical-weapon-facility-in-syria
  5. Could anybody help by suggesting what reasons a bank as defendant could apply for Strike out and or summary judgement for a court claim issued by a depositor as follows. Claimant opens a fixed term savings account online and deposits by debit card. The bank adds interest and after the term ends, the claimant writes a letter of instruction as the T&Cs require asking for the money back by cheque as the bank can pay by cheque, FPS etc. This is refused, claiming fraud, signatures does not match (bond was opened online so didn't get a signature at the time) etc. What excuses do you think could the bank use to get the claim stopped before allocation to small claims track?
  6. https://www.theguardian.com/world/2017/mar/08/international-womens-day-political-global-strike Trust me to find this AFTER I have done the ironing!! I bet Theresa May and other female politicians don't stand with them!
  7. 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.
  8. Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact. They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made). Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed. The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given. What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement. Please advise, thanks.
  9. All they think about is themselves not me and you, they don't really care that you are in severe pain or need a life saving operation. They whinge they are doing too many hours and when the hours are cut they whinge they are losing pay. Join the real world, you can't have it both ways. How many will die in the next strike which will see the withdrawal of emergency cover as well. Proof there that they just don't care.
  10. Hi I have a long running problem with a local limited company. His latest attempt to get out of it is to resign as sole director and let the company get struck off, its now showing proposal to strike off! He has over £3000 of my money and the asset how do I deal with this, can I still take the company to court? I was hoping the fact he isn't winding the company up "properly" and taken all the assets and capital out of the company would mean he is guilty of wrongful trading and that I could go after him personally? Or am I best trying to get the faulty goods back and cutting my losses? Urgent advice please!
  11. So did they take the 'hippocratic oath' or the 'hypocrite'. Seems it's not a vocation any longer but a job for lets see how much money we can squeeze out of the NHS and sod the sick.
  12. Good evening all, I would be grateful for any advice that may be offered for the following case that I am pursuing through the Small Claims court. I have changed the exact dates, but the rest of the details are accurate: On 15 November 2013, I found a website offering for sale some consumer electronics. It was a computer peripheral (offered as a kit or fully assembled) that would enable me to expand my fledgling prototyping business. After many calls and emails with the Company Director, I went ahead with ordering an assembled and calibrated unit for the sum of £1000.00 (including courier delivery). The sale was agreed specifically for an assembled and calibrated unit, to be delivered within 10days. The director emailed after 11 days to state that he was waiting for parts and that I should receive the unit soon. Queue excuse again a few days later, but the Director offers to deliver the unit to me personally. After much chasing, a tracking number is received, but no goods. On querying with the Couriers, they state that the goods were never collected because no-one was ever found at the collection address. Repeat this cycle for approximately 6 months, at which point I contact Solicitors for advice. They do a search and advise me that CompanyA has been dissolved on the 22 June 2014 (effective 15/06/2014). No legal recourse as there is no legal entity to pursue. News to me. I complain to Companies House (CH), but am told that I had 3months to object to the Dissolution and that's that. They advise to continue communicating in the hope that the goods will arrive. The Director keeps up the promises and the goods never arrive. A request is submitted for delivery of the goods or full refund of the purchase price. This is ignored. The Director eventually ignores my emails and phone calls. The Director randomly emails me with another false Tracking Number in September 2014, to which I respond that I know he is making false statements and that I have reported him to the authorities. He replies to say 'sorry to hear but understandable. Machine will be sent soon'. I complain to Trading Standards (TS) and the Police Fraud squad (AF) and am advised that although I have no legal recourse, I should still pursue the matter by persisting in asking where the goods are/when they will arrive. AF advises that I should not under any circumstances give this individual any more money if he gets back in touch. Following the dissolution of CompanyA, I go back to his website where I find he is offering the same goods and services, but now under CompanyB. The terms and conditions on the website are still listed as CompanyA. I get back in touch with TS and AF and complain again, also contacting CH to report what I believe was Phoenix Company action. No further action by CH as he applied for Voluntary Dissolution. No further communication with the Director is received until February 2015 when he comes back on the scene, apologising and saying that's it's been all a big mix up and that CompanyB is now responsible for delivering the order. Again, news to me. I consider that maybe he is serious following the AF/TS complaints and is going to deliver the goods. On reading back through the correspondence, he does state that it is his intention to close the company 'within the next three months', but not that he has already filed the application. In hindsight, it is clearly his intent to close the company before he even resumes contact. Further, he states in a later email, that only those who have opted to NOT receive a machine would have received a copy of the DS01. Alarm bells ring and on checking, I find that he has an active application for dissolution. I am just in time to register an objection which is upheld. I notify the Director of my objection and continue to appeal to him for mediation, compromise... a solution. He repeatedly requests to discuss things over the phone and after a few weeks of waffle, I decline further contact by phone. I challenge him with regards to the DS01 and he emails a copy through, stating that he has never hidden this from me and that I should have received one in the post. No proof is provided, no communication is received from this Director or his Companies by post. Ever. I make him aware that I am contemplating legal action. His response is that CompanyB is ONLY fulfilling the orders. When I challenge his handling of the situation, his response is to ask if I want to invest £3000.00 in his business. I ignore this. A 'Notice Before Action' (NBA) is issued to his business address and home address. The home address one is signed for, the business address one is returned a month later, uncollected. He acknowledges receipt of the Notice. He misses the deadline to respond to the NBA. He later offers that funds are low, so he would not challenge legal action. He also asks that, given my history, would I be interested in an investment opportunity? I lodge a further complaint with the Director, who ignores the complaint and instead offers 49% of his business for £5000.00 and states he would then be able to issue my refund. (?) I again complain to CH. After objecting to dissolution for 6+ months, I progress to legal action. On legal advice, the Solicitor questions the ProForma, the only document I have with an order number on it. I question if it is acceptable proof of purchase and he agrees that it is. It is unclear who the liability for the ProForma is with - I assume it is with the Company. Solicitor advises naming Director and Company jointly, which I do. On investigation since submitting the Claim: The Director is sole member and sole Director of Companies A, B and C. (You cannot deal with anyone else in the company other than him: He is a one man band.) I find that the Director's DOB on the Certificates of Incorporation are listed differently between CompanyA and CompanyB. CompanyC is registered with incorrect Director's contact details. Director is later removed and reinstated with contact details for CompanyB's business address. CompanyB and C share the same trading address. The Director alleges that CompanyB and the unit are closed, but on investigation, I am told that the named unit is occupied with an active lease and no notice of termination. CompanyA's application for Dissolution was dated 3 months and two days after I sent the payment (17/02/14 and 15/11/13 resp). Granted he has not (to my knowledge) traded within that 3 month period prior to the application - I question whether there is an indication, seeing as how there were 2 days between sending the money and making the decision to no longer trade; that there was an intent to take the money without ever fulfilling the order. This would seem to be corroborated by not being notified of the Dissolution of CompanyA. CompanyA and the Director are repeatedly named in a user forum specific to this industry that I recently find. There are numerous complaints almost identical to my own. It appears that previous legal action has been settled in mediation with questionable/pitiful results. No accounts have been submitted for any Company. Only one return is ever filed for CompanyA, and all documents show as Outstanding (that's not for performance) with CH. As all have been/ are being Voluntarily Dissolved, CH will not take further action, even in light of his failure to notify Creditors and suspicions of sharp practice. These are stated offences in the Companies Act 2006. The Solictor's reaction to the ProForma bugs me. There is a logo that states CompanyA, but the only mention of LTD is under his name as Director of CompanyA Ltd. There is no inclusion of the Company Number and no VAT details. The office address is both the Company's address and the Director's home address. No invoice or receipt is ever received from CompanyA. I only have email confirmation that the Director received the money. Is the ProForma proof of an agreement between the company and myself, or the Director and myself? I call HMRC for clarification, they advise that the ProForma I originally received is not a recognised Invoice. It is considered to be a quote for goods and services. They cannot comment on whether the agreement is with the individual or the company. CH advise they cannot comment on the legality of the document, but based on my continued evidence and pending court case, the objections are being upheld pending Judgement. Director contacts me to complain that I have named him personally as a Defendant. I ask him who received the original payment. He does not respond. The Director has just defended the claim against himself, but nothing has been received for the company. Default Judgement has been removed now that his defense has been submitted. His defense is that the order is with the Company and that I already know this as I am objecting to it's Dissolution with CH. He states that he has sent me the DS01, (which he did, but only after I demanded a copy of it (and months after the application was submitted)). Whilst I have continually tried to be reasonable, his persistent evasion of any credible information leads me to believe that he is either incompetent or blatantly defrauding his customers. I only have his word that the goods exist and that the agreement is with the Company. As you can imagine, after 2 years+ of outright deceit, I am very suspicious of anything he states. I believe that I am waiting for a question pack from MCOL in order to progress to Judgement, but am concerned that the debt is going to be lumped on the Company and he'll close it without paying. Actually, I think it's obvious that he has been trading whilst insolvent, but I do not know what further powers (as a Creditor) I have to prove/charge him as personally liable. Was I wrong to name him as a Defendant in the first place? The claim covers the basic facts, but I am concerned because of the preconceived response to Director's liability in these situations. I don't want to waste the Court's time, but I do want to submit as much documentary evidence as possible for the Judgement. Is anyone able to offer any further advice? Many thanks in advance for your help.
  13. Hello all Please can someone help me out with a template letter for a strike out application to court for a lack of evidence provided by the claimant Thanks in advance
  14. Hi My company ceased to trade in September 2014. In February 2015 all accounts were closed. Due to the nature of the business there are no assets and the registered address is my home address. In June 2015 an application was made to strike off the company and in September 2015 this action was objected to by HMRC due to outstanding corporation tax. Since then I have had numerous letters from HMRC (I replied stating all the information above in October 2015 but no reply) and then from a debt collection agency. I called the agency and explained the situation and they told me that because the status on the Companies House website was 'Active- Proposal to strike off' and there were no assets the case would be returned to HMRC. I didn't hear anything for another month and then today I recived another letter from the debt collection agency, again I called and this time I was told that HMRC had informed the agency that the company was still 'Active' and the debt should be persued. I really don't know what to do next, I haven't heard from HMRC following my letter of October 2015 or since Companies House since September 2015. The debt outstanding is £8700. The agency said I should write to them with proof of what I have been saying, but I don't even know what to send them. Please help. Thank you.
  15. Sorry if I have the wrong forum. In 2001 I had a Brantano Card via Creation. in 2003 I had a business failure and told them I couldn't pay anything. They left me alone and to be honest, they never came back to me. Time went on and I received a letter from Lowell in May 2014, I wrote back with the template letters from this site, the CCA proof £1, S10 form £10 for Account etc. I heard nothing back. in August, the same from Red, again I sent the two letters with postal orders, all via registered post. Then nothing. November I had the same again from Fredericks, again, I sent the same. I had not sent the Statue Barred letters as I wanted to see whether they could produce anything. Then a problem. I got the same from Cabot, I sent a letter telling them of the above and that I was not sending another £11 when nothing has been produced. They ignored what I had sent, then passed it to their Solicitors, RESTONS. who sent me a letter before action, I was to answer it, but had a really bad accident in my wheelchair when crossing the road. (a driver got fed up waiting, zoomed off catching my handle dragging me along the road. I was being treated by the air ambulance on the road for three hours before five weeks in Hospital, three operations etc.) I managed to access MCOL, said I had a defence, i,e. it was Statute Barred, the debtors had not supplied anything proving I held an account with them, apart from a internal printout showing a payment from £1.00 in April 2014 on the Account. £1.00 that was what they paid for the debt. I have since been recovering, got another operation in three weeks time and I am coping with the aftermath of the accident. I have a Crown Court case to deal with, Police and all this compounds my other problems stemming from my disability. Restons got judgement in default on the last few days in January. I have just not been well enough to deal with anything, now I have a Bailiff letter. Its taken three days just to write this out. What can I do? I stress, no payment has been made since 2003. I would have defended the Court Claim had the Accident not happen. Can I get a set aside, then look to dismiss the claim on the basis of Statute Barred? Help and links to letters, court forms would be much appreciated.
  16. Some driving examiners are planning to take strike action at various times from Tuesday 1 December until Friday 4 December 2015. Some driving examiners who are members of the Public and Commercial Service (PCS) union are planning to take strike action. PCS has planned action at various times from Tuesday 1 December until Friday 4 December 2015. DVSA is doing all it can to make sure that tests go ahead as planned. Not all examiners are union members, and many test centres are expected to be operating as normal. You can read further information on GOV.UK
  17. Driving examiners and vehicle examiners are planning to take strike action at various times on Thursday 19 and Friday 20 November 2015. Some driving examiners who are members of the Public and Commercial Service union (PCS) are planning to take strike action on Thursday 19 and Friday 20 November 2015. Candidates advised to attend tests DVSA is doing all it can to make sure that driving tests go ahead as planned and recommends all candidates come for their test as usual If your pupil’s test is cancelled because of strike action, they won’t have to contact DVSA to rebook their appointment. DVSA will contact them with a new test appointment within 5 to 10 working days. Out-of-pocket expenses Your pupil can claim out-of-pocket expenses if their test is cancelled, but they must have turned up for their test in order to make this claim. If they don’t turn up, they’ll have to rebook their own test and they won’t be able to claim expenses. Theory tests Theory tests aren’t affected by the strike action and will be taking place as planned.
  18. A relative asked for help with a Civil Enforcement Ltd PCN. I knew time would be tight with when the CofA appeal (Parking Eye v Beavis) was due. When the judgement was released, I didn't have access to the judgement, and I wrote the appeal (pdf attached), bearing in mind what I saw online discussing the judgement. Now the judgement is up on e.g. BAILIL, I find that councils and their charges are mentioned: So, not in the way I had heard ; the CofA didn't actually say "charges in proportion to council charges are allowed", and in particular didn't say "charges disproportionate to council charges aren't allowed" (though ..... they still might?). They cancelled their PCN in response : Did we strike lucky?.
  19. I have issued a Small Claim via Money Claims Online. The Defendant is unrepresented but has either phoned or emailed the Court complaining that the Claim is unreasonable. The Claim form has been referred to a district judge. The claim is for a specified sum, but the clerk suggested it might be unsuitable for MCOL and might therefore be struck out with guidance to re-file via CCMCC. Is this correct and is it a common process? If it is struck out, can it be re-issued or should I make an application asking for it to be reinstated and transferred? Anyone else run into this?
  20. Hoping someone can help me with this - seem to be hitting a few brick walls trying to find out correct information myself. (please be nice, I'm a newbie!!) My partner had a judgement order to pay his ex's court fees of £5,500. This was due early October 2013. As a single dad on a low income he did offer in October to pay £100 per month but this was rejected. The next he heard was when the bailiffs came knocking at the door. They claimed they could seize and remove his minibus, and called for a tow truck. I asked what needed to be done to to stop them removing the vehicle, to which I was told the debt had to be paid, I informed them the debt could not be paid in full (they had added charges bringing the total to approx £7816.61) but agreed to make a part payment until I had got some advice. I paid £3,000 on my credit card. It was only after I had made a payment that they would let me read the paperwork inside (it was dark outside at the time) and we discovered that the mini bus was in fact a protected good as tools of the trade, they were therefore not entitled to remove it, and I felt they had obtained the payment through misrepresentation and under duress. The following morning I contacted the bailiff to request a breakdown of the charges, a copy of the writ and request my £3000 back as they had taken a payment under false pretense. They still have not provided a copy of the writ or breakdown of the charge and claimed that the mini bus was not exempt as they believed it was being used for personal use - its an 18 seater VOSO regulated mini bus that has a tacko fitted! he also has a car. When I pointed that out they said they weren't aware of that or that another vehicle was available, I pointed out it was no excuse as they are required to make an assessment with due diligence. The writ has now been stayed pending the balance being paid £100pm to his ex. So I have 2 Questions.... 1) What is the balance? We have written to the ex for her bank details and stated that of her £5500, £3000 has been paid and 25 monthly payments will follow. She has written back saying that its 48 payments of £100 to include the bailiffs costs - can she enforce this? How can we check what she has been charged for and get a copy of the writ? 2) Can I get my £3000 back as a chargeback? I have phoned tesco credit card, they said no as I had willingly handed over my card and therefore entered into a contract with the bailiff? Not accepting this answer I have written to them with a sworn affadavit stating the payment was under duress and the baliff had made a false representation to gain a payment.I have rung them again yesterday to get an update, they say it will be next week before it gets reviewed due to a backlog in that department, but they weren't encouraging as they said it had already been refusedonce. Am I correct in thinking that if the charge back is successful, the £100pm order will still stand, but the bailiffs will go after the ex for their fees as she will then be receiving the payments directly? Sorry for the ramble but there is a lot of back ground! any help greatly appreciated
  21. as part of the NHS i will be on strike next week for a 4 hour period. Some of my co-workers are choosing not to strike (as is there right) , but i noticed some staff are working overtime that day . Can there union dismiss them for that ? As in dismiss from the union they are members of .
  22. Hi, HSBC have made a claim against me which is in court next week. The district judge requested that by 19th August that we had to file at court and serve on our opponent a witness statement and by the 26th August the claimant (HSBC) had to pay the hearing fee. It says on the court order: I have complied with this order, however HSBC have not sent me a witness statement. I've just rang the court, who have informed me that HSBC has paid the hearing fee, however they haven't received the witness statement either (however there is a 10 dayish backlog - so it may not be on the system yet) The court clerk advised me to email the court to request the claim be struck out Do i need to fill in a N244 form too or will an email request be all i need to do?
  23. Hope someone can help, i have searched previous forums regarding Direct Auto Finance. Lots of really useful information, but just after a little bit of advice. I have received defendant’s defence from Irwin Mitchell, stating what iguess is normal response, that i cannot prove what the agent said and boxeswere ticked re PPi, gap and breakdown cover etc. I explained i was told i couldn't have the car without the insurances. The insurances with Interest were more than the cars value!!!! I have not received anything from the court yet but i have been informed thedefence is in the post, i was hoping some advice on what the next step is. many thanks in advance.
  24. ASKING FOR CONFIRMATION ON THIS AS IMPORTANT An ex colleague knocked on my door asking for help with a court claim he received from a DCA via MCOL First thing going through it was that the defence needed to be submitted the next day I did find out that he had taken advice through an internet forum and has written to the claimant (RECORDED DELIVERY) via a CPR 31.14 for the particulars mentioned in the POC I submitted a holding defence on non compliance of CPR 31,14 and requested to amend once the documents had been produced He then receives a letter from the claimant rejecting his holding defence, and that they are going to continue. 28 days later he has now received a "Directions questionnaire" My own thoughts are to attach a draft order for directions with the directions questionnaire requesting a strike out within 14 days if they do not comply with the order for disclosure. IS THE DIRECTION QUESTIONNAIRE APPLICABLE OR WILL IT BE A SEPARATE N244 APPLICATION (thinking of application fee) They have had over two months to obtain these documents which refer to an overdraft and a credit card (two separate claims , same date of issue) Comments please people
  25. Hi Wife has a debt with HSBC credit card in single name- paid since 1985 & never missed a beat. Due to change in circumstances cannot pay more than £5 monthly. Current debt is 10.5K @ £300 per month. Received Default notice. Have paid £5.00 per month for last 2 months, sent I&E asked for stop in interest/ charges - ignored - next step ?? Also ebay fees of about £100 - started at £10 - they screwed up email account so Paypal didn't work & she lost payments toalling £80.00. Now with DCO ? ignoring!! Cheers benjibutton
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