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  1. Hi, I've been looking at reclaiming PPI from a 2002 loan I got to buy musical equiptment. After being messed around claiming they couldn't find my account details I SAR'd my bank at the time and sifted through 1000+ pages of documentation in order to find my agreement number, 160 days after the initial SAR request I was eventually supplied my account detals. Long story short it was single payment / front loaded PPI payment. I did however run into difficulties paying the account and it was "written off (term as per transaction description) / defaulted at £520 in 31/07/2003. What I've since learned was that this debt was sold off to 1st Credit DCA, who subsequently persued me (and me simply not knowing any better thinking I was simply settling one of many debts I had from my younger years) I made an initial £26 payment on 31/05/2006 as a token of my eventual desire to pay said debt completely. I WAS AT NO POINT AWARE THIS WAS ACTUALLY THE BLACKHORSE ACCOUNT The following day (01/06/2006) while continuing to settle debts I called Black Horse and made what i was to believe was the final £520.85 payment.due on the old loan. After saving for a few months more I then contacted 1st Credit and paid the rest of the £525 debt they asked for. It has now come to light while I've checking old bank statements that Black Horse accepted the final settlment from me while actually not owning the debt having it been sold on to 1st Credit. Where do I stand in Scotland with regards timeframe to claim the full £525 payment from either party? Any advice would be appreciated
  2. Name of the Claimant ? Southern Water Services Date of issue – 12th December 2018 Particulars of Claim 1.The Claimant is a statutory water and sewerage undertaker to the Water Industry Act 1991 (the Act) 2.The Claimant claims the sum of £4559.62 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and the Claimants’ Charges Scheme. 3.The unpaid sum of £4559.62 is for water and/or sewerage services provided to the Defendant(s) at XX XXXXX XXXXX (my address is here) for the period 11/07/2007 to 09/07/2018 4.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 09/07/2018 to 11/12/2018 on £154.90 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.00 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No What is the total value of the claim? £4559.62 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? water When did you enter into the original agreement before or after April 2007 ? No Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Redundancy What was the date of your last payment? Unsure Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan - i made a plan to pay through a card but found it difficult to pay through the card plan ……………. Can anyone help me with filing an online response to a claim form I received via Shulmans for a Southern Water debt. I realise I will have something to pay, but they are claiming from 09/07/2007 and I only moved into the property in the November 2007. In addition, am I right in thinking that that over 6 years is subject to the statute of limitations and can therefore not be claimed for. I completed an acknowledgment form within the 14 days, but I’m now feeling anxious that my online response covers everything correctly to give me the best outcome. ​Help needed
  3. Hi there, Is it still possible to claim back excessive mortgage arrears fees that have been added.I plan to SAR,then work out what i have been overcharged by and send letter to claim back. Can i do this??? Cheers
  4. If you book a place i.e a room in a hotel, a caravan pitch etc and on arrival it can provide the services advertised but is nowhere near anything you read up in the brochure and you have to look elsewhere to stay, are you entitled to a refund under the distance selling act?
  5. This is what Lloyds have sent me, clearly not the original as the font is exactly the same as on the new 1 and it looks like it was literally printed yesterday, shocked really as I only sent the letter friday but theres a copy of this, the current terms and a statement. Now i'm no expert but I think this is probably what they send everyone, how do I know this is what I agreed to?. Confusing as hell though, "see condition 8" etc. Clearly deliberately written with the intention of making little sense, but please can someone have a look.
  6. I'm posting this on behalf of an elderly gentleman who has absolutely no computer skills. In March he received a Parking fine from Premier Park for 15mins in a local carpark. He swears the machine wasn't working on the day but has no independent witnesses. He spent 15mins looking at the instructions including when he went out of the carpark to see where the nearest phone box was. when he realised it was too far he came back and drove out. I'll attach the correspondence to this post. I helped him draft letters based on forums we'd looked at. Premier Park were useless to say the least. Unfortunately he didn't get his POPLA appeal in in time (i.e. by a few days and although POPLA state appeals might be submitted late, they don't make it easy), and there is a letter attached showing how they were less than useless with this also. We are now at the County Court stage. Is it worth fighting it further or just paying the £235? 1. the claim has been filed in Exeter and the gentleman has a heart condition so cannot travel that far, his nearest court is in Liverpool. he was served on the 3rd. does the 14days mean he can apply to change courts. 2. Is it possible to have the charge reduced? the first time Premier Park even mention checking the machine to see if it works is the their court statement, if he'd known before maybe he might have thought there was an issue with the coin and paid the original £60/£100. He's still adamant it wasn't working. 3. I didn't include the POPLA complaint form as it's the same as the original letter. Thanks in advance Popla complaint redacted 15:6.pdf Popla complaint ADR redacted 18:7.pdf Premier Park Case.pdf
  7. Sorry if this has been covered. CHAMBERLAIN BUILDINGS. Driver received Claim Form. Claimant EURO etc... Address for documents: GLADSTONES etc... Top right hand page: COUNTY COURT NORTHANTS etc .. This will be defended but firstly who should I respond to, if anybody? Parked for less than 5 minutes outside of bay(no ticket required) Insufficient time to read signage detailing 'contract' Operative had no id or uniform and proceeded to take a couple of pics of vehicle. Unsure who he was initially. Then POC £100 for PCN; £60 Contractual costs and then statutory interest . Grateful for any advice please.
  8. Hi there i have a letter before action from Gladstones Solicitors regarding a PCN, which happened 16th October 2017 outside a sandwich shop, this was the only parking spot available and i was having dizzy spells and needed to eat. When i came out of the sandwich shop and noticed someone taking pics of my vehicle, i approached them to explain the situation but they simply ignored me. The parking restrictions were not clearly displayed. They have given me 30 days to respond from the date of the letter - 15th November 2018 and the 30 days fall on Saturday 15th December 2018. I would really appreciate some advice on this as a matter of urgency. Thanks in advance, Roland
  9. My partner has been informed he will receive an eviction notice soon not sure when but to get you to grips with stuff we went to court in November 2018 and got a suspended possession order for 350 a month that's 284 for the mortgage contract and 66 for the extra towards arrears which total to 1455 unfortunately due to errors with the bank and me having to go on maternity leave to due having our second son 3 months ago I've been on less income I've paid what I've been able to £100 last month and £200 on the 2nd may and I'm going to be paying £300 today as I cant pay the full arrears of to stop eviction I have a 4yrs old and a 3 month old that are settled in the home do you think the judge will suspend again please as I'm back at work I've been working for McDonalds now for 5years and have a secure job and work full time my total earnings are more than my outgoings spoke to Halifax on Thursday to make an arrangement and they said the couldn't because it had already gone back to the solicitor I did and income and expenditure and they even said I have a access of a couple of hundred pounds even giving Halifax the current 350 I pay payments will not be missed in the future as I'm now back earning just didnt want to lose my home with my 2 children I'm also gonna offer £400 a month if it goes to court to pay the arrears quicker what do you think are chance is I have been reading post about evictions on the forums and have a rough idea what may happen just wanted some advice Halifax have said they cant Come to and arrangement before it goes to court as it may affect the judges decision surely coming to an arrangemt now will stop all the extra court cost we just think they're trying to get us out and fixing it up I've always kept them up to date with info since I even phoned them earlier than arranged before to sort out this they still took it to the solicitors again just didnt want to lose my home which I work so hard for to keep a foot over my children's heads would be great if you could get back to me I've been on maternity leave as I've had a baby who is 3 month old the arrears total £1455 we have paid them £100 pound in April and £200 In may im looking to pay a further £300 pound today when I've finished work due to being on maternity leave my income as been substantially lower im now back at work full time I have tried to stay in contact with Halifax to sort out arrangements but couldnt due to my income being lower than my outgoings i've phoned them up Tuesday just gone and gave them my income and expenditure update they said I would be able to pay my contractual mortgage of £284.15 plus a few hundred extra I offered to make and arrangement on the phone they put me through to the eviction team they took it back to solicitors the day before said we have to wait for an eviction notice to come through as if they make an arrangement now it will impose the judges decision surely to God they could stop the hassle but oh well I suppose they have to go through procedures but that didnt stop me from worry though I'm looking to get the arrears down to £1000 before it goes to court I've also changed banks too has I've had problems with my bank with payments not being processed and what not like I said I'm now back at work full time so going to have a regular income coming in in have 2 children aged 4 and 3 months I'm just panicking as dont want to lose hour family home as my 4 yr old starts school in September and he is settled at home and so is my 3month old do you think the judge will suspend again I've been informed we have received letter from the solicitor not sure which one yet it says we must pay 1455 in 7 days or they will go for repossession do u think if I rang the solicitor they will stop repo if I offer them 300 today and 400 each month
  10. I was 66 yrs old 2 days ago. I have been in hospital for 3 weeks just got out but i have been worried about all my debts (plenty of time to think in a hospital bed) Summary 1) I have been with Payplan for 13 years and i have never ever missed apayment. 2) I have paid back £19,206.54 and my remaining debt is £52,233.72 3) My estimated DMP completion date is 28/04/2055 in which i will be 103 years old. 4) Owing to bad health i will not be around that long. 5) Payplan keep pushing me to start an IVA which is bad advice as it is not guaranteed i could keep up with the payments. 6) All debts are from 2005 and are not reported on my credit file also interest was frozen years ago. 7) I have 12 creditors Wescot Credit Services, Cabot, PRA Group Ltd, NCO Europe Ltd, Hoist Finance, Lowell Financial Ltd etc Most of these debts have been resold many times. Hoist Finance have sent me a letter offering a 69% discount on a debt which my son has offered to pay on my behalf. I am thinking about offering full and final payments over the next 5 years if i live that long and if i can gather any money together. I have ZERO assets and live in rented property. I will not declare bankruptcy under any circumstances. Can you offer me any advice which would be very much appreciated I am very worried about this and somewhere along the line i need to try and put money away for my funeral. I am very grateful for your help and thank you for your time. [TD=class: cred_name]Cabot Financial (Europe) Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£5,002.19[/TD] [TD=class: cred_name]Cabot Financial (Europe) Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£1,075.66[/TD] [TD=class: expand_link][/TD] [TD=class: cred_name]Cabot Financial (Europe) Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£2,520.76[/TD] [TD=class: expand_link, width: 10%][/TD] [TR] [TD=class: cred_name]Cabot Financial (Europe) Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£3,663.85[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Hoist Finance[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£1,084.62[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Lowell Financial Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£3,282.98[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Moorcroft Group Plc[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£2,413.83[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Moorcroft Group Plc[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£8,226.64[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]NCO Europe Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£5,267.35[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]PRA Group Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£2,895.64[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]PRA Group Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£1,666.09[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Wescot Credit Services[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£7,997.31[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Wescot Credit Services[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£7,136.80[/TD] [/TR] [/TABLE]
  11. Followed previous advice for others in the same boat. Aos submitted on 30th. I presume ONLY 9 days left to send in defence. 1 Date of the infringement 08/10/17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/17 3 Date received Not received as was out of country. Have passport stamp as proof. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No 5 Is there any photographic evidence of the event? yes 6 Have you appealed? {y/n?] post up your appeal] no Have you had a response? [Y/N?] post it up No 7 Who is the parking company? VCS 8. Where exactly [carpark name and town] St Marys Gate retails park. Sheffield For either option, does it say which appeals body they operate under. IPC If you have received any other correspondence, please mention it here DRP,LBC,CC My mother was issued the second PCN on 21st Dec 17 due to non response to the first but received first week of january 18 probably due to holidays. Unfortunately she came across the letter on last date of appeal. Both my parents are elderly and classified as disabled due to their various ailments. The letter stated that she had no right of appeal but can give mitigating circumstances but before the last date. After that received a couple of debt collectors letter, LBC in July and now CC claim as mentioned above. To begin with they had idea where the location of the infraction was. As it is with some elderly people in their 80s some memory loss is inevitable. Im half their age and feel what they do. we finally figured out the area with help of this forum. They don't take the blue badge liberties for granted but in their understanding this parking area was towards a side where there was no signage. My mother requires constant attention as she is prone to falling and my father missed any signage. As per their understanding blue badge holders are given some margin. They also had their grandchildren with them at the time who are a handfull. Unfortunately my mother did suffer a nasty fall and as was incapacitated for quite a while. My father took her back home in taxi instead as the area was closed to other cars. The only witness that can attest to this is my father and probably the GP. As she has had knee and shoulder replacement done she's kept under check. My father retrieved the car according to the ANPR after a stay of 150 mins whereas the time limit was 60 mins. I came across a similar post where I understood that the PCN didn't comply with being served in time. I hope that is the case. As they themselves have stated the exact dates on the PCN. The second PCN seemed as if they wanted it to reach the very last date so that out of fear one should pay up. I now request all the gurus to guide me in drawing up a suitable defence. I hope I don't let my mother down as i took responsibility to sort it out as to be honest its just not something they could have dealt with given the situation and due to this forum I feel she has a chance. Its also ridiculously expensive for a pensioner. Thank you and hoping for a favourable reply.
  12. I worked for TK Maxx and was sacked due to an incident where a customer had come to my till with a jacket priced £39.99 and I had scanned the item and inputted into the system that the customer paid me when he did not (Honestly don't know, I was in a world of my own). Upon seeing a receipt come out of the register I become even more confused as I start to question why a receipt has come out and whether or not the customer had paid me for the jacket, but given the fact that the receipt had come out (I just take that as a sign that he must have paid me) along with the fact that my manager was standing right beside me the whole time on the next till telling me to hurry up (which made me even more nervous) I decide to let the customer on his way, and after a while I had forgotten about this whole incident. The next month I was sacked and questioned about this incident by the Loss Prevention Department and after seeing CCTV footage of the incident I accepted that CCTV footage does not lie but I definitely did not do it on purpose (I know it sounds weird, but CCTV doesn't show what is going on inside a persons head). The police were then called and after being sent off to the police station where after hours of staying in a cell I was then questioned again denied any purposeful wrongdoing, and at this point I was allowed to go home, a couple days later I got a letter stating that "No Further Action" is to be taken. After this I had forgotten about the whole incident and several months later I got a letter from the Retail Loss Prevention stating that I owe £237.49 for Cost of goods not recovered, Amount of time taken by personnel involved, Diverting client staff from normal duties 1 - WHAT IS MY BEST COURSE OF ACTION? IGNORE, PAY (LAST RESORT) 2 - SHOULD I REPLY DENYING LIABILITY (BUT COULD PAY FOR PRICE OF JACKET ONLY £39.99 3 - IS IT LIKELY TO GO TO COURT? 4 - COULD THEY ASK FOR MORE MONEY IN THE FUTURE? 5 - WHY WOULD I HAVE TO PAY FOR "DIVERTING CLIENT STAFF FROM NORMAL DUTIES" IT IS THEIR JOB RIGHT? Any Question For Me? Thanks Guys For Your Help P.S One more thing I would like to point out is that I was sacked for "Deliberate and serious misuse of cash handling procedures" yet they can not prove that the incident was "deliberate" plus the police proceeded with NFA with rationale behind the decision including No Means Rae So was the sacking lawful in the first place? (Keyword "DELIBERATE")
  13. Sorry for the short notice and need for help, a family medical emergency kept me away from and I've arrived back to a letter from Worthing County Court. The court have issued a Notice of Issue of Warrant of Control over a debt with Creditor of Cabot Financial. After total panic I've done some searching through my papers and the following is as brief an account as I can give of what I think has happened. Several years ago we had financial troubles and got a credit card (Vanquis) which gradually crept up and up with them constantly increasing the credit limit. It ended up at about £3400. When our problems spiralled I buried my head in the sand and didn't pay. Move forward a few years, not over 6, I and others were being bullied by a boss. The stress of this caused me to become extremely ill with stress and depression. It was going through the Union and looked favourable that I would get helped but events illy my mental health was so bad I just quite the job and the union case just to put an end to it. During this time I am ashamed to admit I pretty much became a recluse and stopped functioning. I suspect at some point around then Vanquis sold the debt to Cabot, who got a CCJ. There is probably paperwork, I don't have any to hand and I didn't go to court. With sheer force of will, I somehow managed to get well again. It's been slow going but in March I was finally able to return to a job part time, money is tight but I'm gradually paying off any debts that happened. But now I am terrified that next week the court will send in bailiffs over this debt which the stigma and stress of, is surely going to send me back into oblivion. It says I can go for a N245 form? I want to do this but need help. I want time to pay back every penny, but it won't be masses of £ at once as I simply can't do it. What can I do?
  14. Name of the Claimant ? Southern Water Services Date of issue – 10/11/2018 33 days was up on 8/12/2018 (3 days ago) only found court letters yesterday. Particulars of Claim The Claimant is a statutory water and sewerage undertaker pursuant to the water Industy Act 1991 (the Act). The Claimant claims the sum of £1700 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and the Claimants Charges Scheme. The unpaid sum of £1600 is for water and/or sewerages services provided to the Defendant(s) at ************ for the period of July 2011 to July 2018. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from July 2018 to November 2018. Claimed amount £1700 Court fee £105 Legal representative costs £80 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received 2 letters from shulmans llp - letter before court action, and multiple from UK SEARCH LTD prior to that What is the total value of the claim? £1800 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Water When did you enter into the original agreement before or after April 2007 ? Been at the property since 2008 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Think so Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claiment on court form is Southern water but they insist it's been passed to UK Search/Shulmans Were you aware the account had been assigned – did you receive a Notice of Assignment? Letters from uksearch Ltd acting on behalf of southern water. Did you receive a Default Notice from the original creditor? Probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Haven't made any payments. On benefits can't afford total sum. What was the date of your last payment? Years ago. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes. Made an online application for Southern Waters NewStart Scheme (was ignored). Tried to negiate a payment plan with Southern Water's legal department but they say their is nothing they can do as the debt as been passed on to UK Search Limited.
  15. Ive just got the eviction date. Its 31 may Im worried now! What should i do? I know i need to get the N244 in but is there any way i can get it suspended? Cn i say the account is in dispute as i think most if not all of the arrears are charges etc? Their solicitors have said that they will take £1600 to stop the action but where the hell will i get that kind of money?!! I can pay cmp plus £75 extra. Total is around £415pm The problem is that ive had a suspended possession order with the mortgage since june 2011 which has slipped, due to a lot of serious family illness. Including me being diagnosed with a serious life long illness which has a big impact on concentration and short term memory and also severe pain and fatigue. Ive got two kids in the house aged 4 and 6 Can anybody tell me what is should do? Im going to try and pay off as much as i can before the court date but apart from that and the N244 i dont know what else i can do..... Ive missed several payments but the payments i have maade have always been the cmp and extra off the arrears Hi. Ive had a suspended repossession order on the house since june 2011. I fell into arrears as i took on my 2 grandchildren and had to leave work. that was in 2008. Before that i wasnt in arrears. Since the suspended repo order i have fallen into arrears again. Ive missed several payments although the payments i made were in line with the judges decision and i was paying the cmp of £271 plus £50 towards the arrears. Last month my mortgage payments rose to £323 plus £50 towards the arrears which i can pay. Today i received the eviction date of may 31st. I would like to come to an arrangement with them but need to know how likely it is that i can stop this eviction? Halifax say that the arrears are £6051 but i know that most of this is charges and solicitors fees etc. I am in the process of claiming back the PPI on the mortgage and also the arrears but this is not going to help right now. I need to find £1600 to stop the action but i dont know how much of that is charges etc as that is all they would say on the phone. Can i say that the account is in dispute because of the PPIand excessive charges? I know i need to fill in an N244 but is there anything else i can do? I had a problem with the repayments before but i can pay now. Im also going to try to make as many payments as i can in the meantime. I also have a problem with Ocean Money and they are doing the same thing although i dont have a solicitors letter just yet so i need to get that sorted too. I did have an idea but i dont think its very likely? Ocean is a secured loan on my house. The loan amount totals £21000, which included a brokers fee and also the PPI. I had to borrow an extra £8000 to clear my original debt with them so i know that they have rolled my original PPI into this loan. I actually asked for £10000. My idea is, is ere a chance that the halifax will let me remortgage, combining the original mortgage and the loan? That way the apyment should be lower meaning that i can pay more off the arrears. How likely is it that the judge would allow me to capitalise the arrears? The mortgage is for £93k and the house is worth £175k so i have plenty of equity in the house. Would the judge take into consideration the fact that the fees are excessive and that there is PPI included? Im really worried that im going to lose my home. I took on my grandchildreen in 2008 and thats what screwed everything up. I had no arrears before then. The children have quite severe emotional and behavioural issues because of what they went through before they came to live with us. They were neglected and were at risk of physical abuse. They need stability and a lot of care. Losing their home could set their "recovery" back. Would the judge take this into consideration? I was also diagnosed with fibromyalgia in february, which means i am disabled and i am in the process of applying for DLA. Sorry, im using an ipad and its not the same as anormalq computer for some reason... Would any of this help me keep my home? Im sure that if i had the chance i could sort this out, if i only knew where to start. Who should i be talking to? I dont really want to waste any time. i dont have a printer so everything has to be written out by hand. Im really grateful for any help you can give me.
  16. I took out a money claim to recover money owed. The Defendant hired a Solicitor who sent and acknowledgement and applied for extra time, 28 days, to file a defence, I made no objection to this application and the court never put it in front of a judge for ratifying. However, 28 days later when the date specified by the Solicitor on their sample order had passed, no defence had been filed, so I applied for the judgement to be made by default as no defence has been filed. The Solicitor then called me (4 days past filing date) requesting further information so that they could begin to put together their defence... (BEGIN to??!) and I pointed out that I had already applied for Judgement as they were now out of time (CPR 12.3 (2)a "The Claimant may obtain Judgement by Default where acknowledgement of service has been filed but a defence has not been filed and the time for filing has expired). The Solicitor said that the extra 21 days dont start until they are rubber stamped by a judge. Today I received notification from the Court that the request for judgement has been returned by the judge for referral to a District Judge. So, my question is: Where extra time is requested and not challenged, is it accepted that the extra time is granted by agreement? Or can this defendant solicitor continue to delay filing until they get a rubber stamp agreeing extra time? My reading of the rules that where extra time is agreed 28 days would be given, would apply where no challenge is made to the request for extra time. How do I challenge this and stop them late filing please?
  17. Hello would someone please be able to give me some advice or opinions on my next steps to help me. To cut a long story short i have a small business. I ordered an item to be manufactured for £1600 from another business (i now believe this business to be a sole trader). I paid 50% on order and 50% on completion. All good so far. I collected the manufactured item and took it home and placed in my unit but never opened it. I was speaking with the said manufacturer a couple of weeks later and told them that i was unsure if i had made the correct decision in purchasing it because my customers hadn't seemed that keen. They told me that I could bring the item back and they would sell it to one of their customers for me as they had a backlog on their orders for the item. I took it back and left it with him. After a couple of weeks and trying to contact them via a few different methods i dropped by the factory to see where my item / money was. I was told that the item was at a different property and they would drop it off for me. You guessed it. Nobody showed up and no contact has been made. My thoughts are that the item has been sold and now they haven't got the money to pay me. What can i do next? Small claims court maybe?? The only paperwork i have is the invoice, i never even got a delivery note. I do however have a string of messages stating that i dropped it off etc Thanks in advance
  18. Really hope someone can give me some advice! Took car to garage explained front wipers only working on fast and had done some research online but not sure if problem was the wiper motor or switch? asked to diagnose problem for me. Garage called back next day to inform me they had checked the motor and switch and that the problem was actually the ecu. Advised it would need to be sent away to be fixed £175 and gave me an estimate of £300ish total including labour and car back within a week. Two weeks later after 3 phone calls for update but none given, they inform me that ecu is back and fitted but showed no faults when tested. Mechanic then proceeded to tell me i will need a new wiper motor as he has just looked at it and it was swimming in water!!! Now i understand things are sometimes difficult to identify but surely if he had tested wiper motor properly in the begining we would not have proceeded to even looking ecu??? am i wrong??? what do i do now and what is reasonable to pay? I need car fixed as use it a lot for work but dont trust them now. I only have £500 anymore and will have to scrap plus will lose job!!
  19. I am in desperate need of some advice please. Up until Christmas my debt was in control but over Christmas I split with my husband and things have become hard. Today I received 2 attachment of earnings orders from the council applied to my estranged husband. This is going to cause me a whole load of issues with him and none pleasant. Can I appeal this or even have this attached to my earnings. He gets paid in 3 weeks so I don't have long to sort this out. I am petrified as the relationship ended on bad terms.
  20. Has anyone had any dealing with Community Infrastructure Levy (CIL)?? We have received a demand for a Community Infrastructure Levy for the sum of £23187.50 which has come as a great shock to us. We were not aware of any new procedure in dealing with this CIL charge and it is a genuine oversight on our part that we did not complete the necessary forms or notify you of the commencement date of the build. We are not builders or property developers and due to this we had employed an agent to act on our behalf with matters relating to our planning application and build. It is not until now that we we aware of this new procedure and I would like to add it still seems to be very complicated. Our planning application was submitted by our agent with the required forms notifying the Council that we were building the extension for our own use and do not intend moving within the foreseeable future, he did advised us that there would be a CIL charge but we would be exempt, at this stage we had no reason as to question him as he is the expert! Once planning was approved we received a letter advising of a CIL charge which was approximately £20000.00 we called our agent and advised him of this and said that if we had to pay this sum of money we would not be starting the extension, his response was that we were exempt as it was for our own use but we did have to live in the property for three years once completed. I advised our agent in January this year (2016) that we were intending to commence work early March and requested that he submit the necessary paperwork the council, he advised that he was just finishing it and would send it in the following day. We received a Invoice for £518.00 from the council which we duly paid, our work started quite a bit later that we had intended due to being let down by builders and weather conditions. Our footing was poured on the 7th of June 2016 and so far we have had two inspections of the work from the Council. To us the lay person this is what was necessary and we were not aware that we were doing anything wrong in this procedure. The works are still being carried and we are a long way from being finished. Currently the extension being constructed is not in a position to be occupied and indeed part of the existing property is not suitable for occupation either, and we currently have no heating not a good position to be in with the weather due to change at any time!. We were lead to believe that as this extension is for our own use we would be granted an exemption to payment of this CIL. The situation has not changed and the payment of over £20,000 to the Council does not appear to comply with the spirit of the Governments intention in setting up the Community Infrastructure Levy. We were lead to believe that the rules specifically allow house extensions for the owners own use to be exempt from CIL and our situation has not changed since our planning application was submitted. We understand now from our conversation that this is also not a given fact. We are going to be seeking some legal advice on this matter in the next few days, and will also make an attempt to complete the complicated appeal form relating to the CIL charge now that I know where to find them, as the demand that we received relating to this matter and the instructions on how to appeal are not clear, in fact my original appeal letter was sent to the wrong place as the instructions advising how to appeal advised appealing via the portal!! (it never said which portal or provided a link on how to get there) We do have a paper trail of correspondance between ourselves and our agent which will confirm what we have mentioned above. Please can anyone give me some guidance on this matter, I am guessing I will need to make a claim for negligence against the agent? the authority have offered a payment plan which is currently 50% of the demand and the final 50% being paid 60 days later but they said that they could possibly spread this over 12 months this equates to over £1600 per month I cannot possibly paid that amount I work part time 24 hours a week in retail and my husbands wages are all accounted for in our daily cost of living.
  21. Cutting a very long story short. Applying for ESA first time in January two letters were enclosed with the ESA50 form requesting a home visit and recording for a ESA F2F assessment. Received Maximus letter for ESA f2f assessment at beginning of April at one of their medical centres. Rang Maximus and told them there was no letter from them to give the reasons why a home visit was not granted. Was told by Maximus the DWP Decision Maker has disallowed the home visit. Rang DWP and told them Maximus said the DM has refused a home visit and and asked the reasons why. Was told by the DWP staff that is was wrong the DWP's DM do not make any decision with regards to home visit nor get involve with F2F assessment that is the job of Maximus their medical contractor. Went back to Maximus and told them what DWP said the appointment was cancelled. Received couple of phone calls from Maximus requesting a letter from the GP to back up the home visit request. GP faxed letter to Maximus stating cannot attend a f2f at a centre due to medical/clinical reasons. Maximus confirmed by phone that they have received the GP supporting letter at the beginning of May 2018 and was told they will send a letter of their decision about the home visit by four different staff. Received several letters to attend appointments at different dates from Maximus including a phone call to ring them very important and very urgently with regards to a f2f at their centre which was to take place some 3 weeks later strange. Each time received a phone call two days before the appointments due date to cancel appointments because their recording machine is broken and that it will take a very long time before hearing from them. Received another letter last week to attend yet another appointment at their centre at the beginning of July but still received no letter with regards to the home visit whether it has been granted or refused. Non of the cancellation letters stating appointments was cancelled because of broken recording machines it just said appointment rescheduled sorry for the inconvenience. Maximus has on record they've book for a Taxi as their making reasonable adjustment but send no letter stating that fact. New appointment letter had not stated a Taxi has been booked for the appointment it just said please attend 10 minutes before the appointment time. I'm looking for a template letter with regards to disability discrimination and harassment from Maximus/contractor and a sample letter under the equality act 2010 requesting a home visit with regards to Maximus making reasonable adjustments for a f2f assessment under the equality act. Any help will be appreciated.
  22. The advice i require is regarding Lowell Solictors for a Vanquis debt for £3000. After receiving the County Court paperwork i acknowledged the claim with the intention to defend and submitted a CCA request and CPR18 request on the 4 July 2017. I did not receive any of the information from the CPR18 request and the claim was then put forward for mediation but didn't progress any further due to me not having the information that i requested from Lowell. I then didn't hear anything from the courts until a few weeks ago when i then got a copy of a letter from my local court that they sent to Lowells requesting the information on the CPR18 and to provide it within 21 days or the claim will be struck out. To my horror Lowells have provided the courts with this information i have now got a letter from the court saying the following: It is ordered that 1. Unless by 4pm on 21 November 2017 the defendant is to send to the claimant and this court setting out an amended defence (if so advised) the court will consider the papers and may strike out the current defence and permit the claimant to seek judgement in default, 2. Pursuant to CPR3.3(5) this order has been made without a hearing being held. If you object to the order, you may make an application (with the appropriate fee) to have it set aside, varied or stayed within 7 days of receiving it. What does all this mean? Does it mean that the CCJ as good as stamped on my credit file? Any advice you can give would be much appreciated. Many thanks in advance Macker16
  23. Hi, if anyone can help? Went to my parents a few days ago and received an unexpected call on their house phone (was living there years ago whilst a student). Turned out to be Erudio, I thought they were trying to flog off something and hung up. After googling them yesterday, I understand they're the new student loans company. I had taken some students loans, prior to 1998 (mortgage style) and some around 2007 (comes directly out of Pay). It turns out that the last time I paid anything towards and deferred my mortgage style loan was in 2011 and since then have not paid anything back. The reason for this is during a marital dispute in 2010, I moved out an was living (with family and friends) and also working in different places and totally forgot about this particular loan (and the other too as I was never earning beyond the thresholds required for me to pay anything back). As a consequence of moving around, I also never received any reminders etc. I've moved back home earlier this year and after this call, it has now dawned on me that I've not paid anything for so long. I am worried that I may get a CCJ against my name etc and not quite sure what to do? After reading through some posts here I understand that the loan will not be SB but I'll most definitely have lost the right to deferment etc. Should I simply start paying something to these guys via standing order and inform them of my situation? Will this prevent them pursuing a CCJ against me? Please help?
  24. Hi All In brief my son bought a car 3 weeks ago and applied for the log book (he had the green slip). Whilst parked outside our house it got clamped because of a parking fine the previous owner had incurred. Despite my son having the log book back and in his name the bailiff is yet to remove the clamp claiming that the system his end has not been updated. DVLA have advised we call the police but I know they won't be interested. The car is obviously illegally clamped but where would we stand if we removed it? Thanks in advance
  25. Hi all I was a virgin media customer for years before someone manages to hack into my connected sipura voip modem device making it dial prem rate numbers and ran up a bill of £8000 in a matter of 3 days somehow bypassing the credit limit on my account. I have sent an email and called vm to try and sort things out to no avail Vm have made us responsible for the bill blaming the third party device and saying I shouldn't have had a third party device on the line? Somehow I think that vm are not telling me everything and that it could be someone inside vm that was the person who made the calls how was my credit limit bypassed?...
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