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Found 12 results

  1. Is an unsigned & unstamped Magistrates Court Summons legal. A semi literate friend of mine went to court on the wrong date (too late) to defend a parking ticket summons. When he told me about this later that day he had all the paperwork with him and it is blank as far as to who issued it, it is on headed paper with the Court address and telephone numbers, case number, his name and address, date of birth, that is it, nothing else. I have gone round in circles for 4 days trying to find out for sure if this summons meets the criteria required as he will appeal if he has a chance to reverse or cancel the MASSIVE fine & costs of over £850.... yes EIGHT HUNDRED + for breaking down on double yellow lines. The actual charge was :-Allowed a motor vehicle ................... to wait on a road, namely ............. when waiting was prohibited. It all started when his car was broken down and he was waiting for a tow and told a Warden as much and showed him all the oil that had been dumped by his car on the road. The warden still issued the ticket, unfortunately my friend ate it (his passive protest). His car was subsequently towed away with the aid of a friend. Can anyone give advice on the required format of a summons please. Thanks in advance Mike
  2. I have received a Claim Form from the County court Business Centre. Northampton. issued 29th June. The fee is £175. Claimant Parkingeye. For parking 15 minutes overtime. The claimants solicitors name appears as 'signed' but this is a printed name its not a signature. The form has a circle with a crown on it for the court stamp, but it bears no stamp. Is this form legally legitimate. I notice it requires me to submit all personal details imaginable including my bank account balance. They want an acknowledgement of service. What happens if I ignore this unsigned for letter? Form says Judgement MAY be made against me. Don't they have they have to take me to a local county court for that or have they already done that with this form. My only mitigating circumstances are that I visited the shops but didn't buy anything then became ill with a migraine and had to take prescription medication and get a cup of tea until I felt fit to drive. The car park was virtually empty so I have not inconvenienced them to the sum of £100. Please advise me. Enough stress already for 15 minutes. Thanks
  3. Hi all Sadly my mother in law passed away in December my wife her only child is dealing with the estate. Unfortunately we've found she had run up large debts with catalogues and a huge credit card balance (£4,000 for someone on benefits!) It gets complicated as my wife's aunt died in October and the mother in law was dealing with her Estate and as such had her life insurance paid into her account and unfortunately she died before settling that Estate. she had a credit card with her bank and the bank are claiming all the money in her account to pay the credit card off. As there won't be enough money to pay every creditor what they're owed can the bank legally lay claim to everything? I thought we'd gather everything together then work out a % to offer creditors if the bank holds onto the current account money there will be less money for other creditors. I have CCA'd everyone and not one has sent the info back times up on weds. Any advice would be great thank you
  4. I really need help with an issue I have with a Bank. They are attempting to hold me liable for the debt of a company which I was a Director. It now transpires that the letter of offer was never signed or stamped on behalf of the company or the bank. the company resolution was never signed or agreed. Is there any one out there that might be able to help? I am defending this case on my own in the Hign Court help would be appreciated. Regards
  5. Hi I have looked all over including on the forums and not been able to find an answer to this particular question, Some years ago I followed the advice on here regarding a pre-2007 catalogue debt. I requested the credit agreeement which was provided to me and it was unsigned. I assumed this was the end of it as I stopped receiving letters and then since moved house however the letters have now started up again I have scanned copies of my original letter their reply and the unsigned agreement to send to them but I am completely stuck on the wording of this in terms of what I am actually asking them to do? Am I asking to acknowledge that the debt is unenforceable and therefore want written confirmation that the debt will be removed from my credit file? Unsure of wording and what the next steps might be, any help greatly appreciated!!!
  6. I need urgent advice please and will appreciate all your comments. I ordered from simplybe around late sep 2008 and paid off the debt in nov 2012. After paying this debt , i realised they have charged me a hoop of interest and placed a default on my credit file without issuing a default notice. I have been corresponding with simplybe since around April 2013 requesting for all interests levied on my account and to removed the default on my file. I requested cca from them and they came back with unsigned cca. Their last letter i received today states that they have accepted that there was no signed agreement. They said even if there was no signed agreement, they could have applied for enforceability order from court if the debt had not been paid off and since the debt had been paid off, they will not be doing anything about this. Also they said they (catalougues) are not require to issue default notices before registering default on credit file. Are they right about this ?
  7. Wonder if anyone out there can help. I starting having guitar lessons towards the end of last year. The agreement handed to me wasn't to my satisfaction. I didn't like fact there wasn't enough flexibility, also the notice period. I raised this with the tutor he said that was ok he can be flexible, so we confirmed time and day of my lessons and cost and I started the lessons. A couple of months in he put the price up, but I didn't really have a problem with that. However about 6/7 months into lessons due to unplanned work situation. I had to temporarily move away immediately. I let my tutor know at the end of the term, that I wouldn't be coming back next term. He said I would have to pay the fees anyway, as I'm required to give a months notice. I said I didn't sign up to that, he said I came to the lessons meaning I agreed to the T & Cs. Clearly he is now going against what he originally said, what we verbally agreed. I didn't sign the paperwork can he make me pay? He has sent me a small claims warning before proceedings letter from his solicitors. I don't want pay the guy a penny as I'm not gonna have the lessons. All advice welcome. Cheers.
  8. I have just sent a Subject Access Request to SAAS (Student loans for Scotland) regarding my student loan. Their reply was to say that they have destroyed the signed agreement and have a record to show I was in full time education until x date. I was wondering if anyone knew what I would nicely say to them, using the correct legal terms and laws that apply : well if you have nothing to say that I signed up for the loan in the first place, you are going to have to write the loan off. Otherwise I will see you in court and see what the Judge says about failing to have the signed agreement for the contract you are still charging me for. On a side note: no clue if this would be possible. Could I also say, why have you been taking money out of my wages (showing copies of my wage slips) considering I had not signed up to have a loan with you in the first place. Please give me all this money back since you have no contractual grounds to have taken this
  9. Hello there, A few months ago, I made a complaint against my manager at work. This complaint was sent to him so as to give him the opportunity to address my concerns. I provided overwhelming evidence to support the fact that he has been treating me unfairly. After he received my complaint, he appeared somewhat remorseful. I know this reaction was due to the overwhelming facts that I presented him with. He later agreed to dealing with the issues between us and a date was eventually set for this discussion. However, sometime later, (prior to the proposed discussion with my manager), I was called by the head of department who informed me that several members of staff (14 people) had made complaints about me. (Please note I’ve had an impeccable record in my work and have never received any complaints prior). All these complaints were supposedly received by my manager (whom I had complained about). I immediately recognised retaliation and a complete set up. I requested for statements from all these complainants, (as apparently) these numerous complaints were all lodged verbally. Eventually, I received only 9 unsigned statements. The other 5 were not mentioned or accounted for. I proceeded to request for signatures for these complaints. I clearly stated that I would not respond to these complaints unless they were signed. I was told that I would be in receipt of these signed statements by a certain date. Following this, I received several pathetic excuses and promises that these signed statements would be sent to me. However, these were never sent. Eventually, after weeks of procrastination from my head of department, I was told that the company is not obliged to provide signatures. In my opinion, this entire matter reeks of foul play. The fact that they agreed to sending signed statements, and then retracted this decision, weeks later, strongly suggests that the complaints are malicious and trumped up, as I've maintained right from the onset. I genuinely believe these complaints are without merit and this belief has been strengthened by them refusing to provide signed statements, despite their original promise to do so. My head of department is insisting on progressing with the investigation, even in the absence of my response to these allegations. I feel this is very unfair as they have failed to provide signatures to complaints that they deem to be valid and genuine. What are my options? I’m at my wits end. I’ll be grateful for any advice on this matter. Many thanks in advance.
  10. In Mount Pleasant, St Albans, there is a parking bay with two spaces marked out with white lines but no accompanying sign at the roadside. This is similar to a number of other bays in the neighbourhood except that all the others do have accompanying signs showing restrictions eg Mon-Fri 10.30am-12.30pm and Mon-Sat 8am-8.30pm. There are no white lines linking separate bays. Each bay is marked out with white lines and has kerbing at the end of each bay to clearly define their extent. There is a sign on the other side of the road from the unsigned bay. This sign overlooks an old bay where the remains of white lines delineating previous parking bays have all but disappeared, with newer double yellow lines at the roadside. I am guessing that the local authority has simply omitted to move the sign showing the hours of restriction to the other side of the road when the newer bays were created. If I were to park in the unsigned bay, would I have a strong case if I were to receive a PCN?
  11. long story very short... ...Halifax cc taken out in april 2006. Can't now afford it. My credit file is shot so i'm not bothered re-defaults. I asked Robinson Way for a copy of the cca, they got a photocopy from lloyds, the prescribed terms are all there but it is unsigned in the box which requires the lender's signature and date. Can i contest this or should i just offer them a pound a month. The debt is £2500 and i'm currently self emploed, i earned £150 last month £300 this month. My house is charged upto the hilt, £55,000 to the bank £70,000 to a relative. It's worth £100,000. I have no assets. Any advice would be great. Cheers
  12. Hi guys am new to the form and looking for some advice, I spoke to the national debtline and the sent me an info pack, which I used there template letter (information about your credit agreement under consumer credit act 1974 sects 77-79) the catalog company replied with an unsigned contract and a very interesting statement, 2 questions 1) has anyone got a template letter where I can challenge them saying I don't believe my partner signed a contact (debt line said normally if they had a signed contract they would have sent it) ? 2) my partners orginal debt was £425 she has paid about £701 back already and they still asking for around £500, there lots of service charges and deafult sums they are asking for and the default sums are £20 a time (charges add up to not far of £800), not sure but yet again the debt helpline guy said could challenge them cause they sound like unfair charges on the amount, yet again they told me to write a letter quote about office of fair trading debt collection guidance 2011 and saying about how the charges ect are disproportioniate and dont actually represent any necessary costs please please can someone help im no good at writing letters and really feel what this catalog company is doing to my partner is wrong, these charges are crazy, can someone help with a template letter??????????? Thanks Alan
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