Jump to content


  • Tweets

  • Posts

    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
    • Ultimately, when systems wobble, there is little that can be done - except wait for a fix.View the full article
    • The ready-made drinks are at the heart of a labour dispute that saw thousands of Ontario liquor board workers walk off the job.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Urgent-Court tomorrow /Scottish system-Judical expenses question.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5546 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I recently received a Court Summons for a fuel bill that was only 3 months outstanding. This was for nearly £500. In the court summons (Scottish by the way) they gave me a date to reply by and a hearing date being one week later.

 

My personal circumstances had changed so that after the order for the fuel had been made, I couldn't pay it. I managed however to earn enough money after returning to work to pay the bill in full. HOWEVER, what I hadn't noticed on the summons was that they where claiming for interest at 8% annually (which is fine) but also for judicial expenses (of another £165.20, the amount of which they didn't state on the summons) and which they say I now owe immediately or the court action will still go ahead.

 

Can they still take this to court even though I have paid the bill - as all I owe is interest (which I will pay now) and the judicial fees (which I take are the Solicitors fees to the fuel company)?

 

This is urgent - please help!

Link to post
Share on other sites

Guest Old_andrew2018

If you need an urgent answer you might click on the red triangle,report.gif leaving leave a message for the site team to direct your question to someone with legal experience.

IMHO costs were incurred so I expect that at somepoint you paymet will need to be made,

 

Andy

Link to post
Share on other sites

Clicking on the triangle just reports the post doesn't it? - sorry if this is naive but I am new to the site.

 

I am guessing you are right about the costs but they did not inform me of just how much these would be (even in the summons) nor write to me directly (or from the Solicitor to tell me how much these would be to date.

 

Highly irregular practices I would think, although this may be the norm I think it is not fair practice and better communication should have been instigated by them.

 

Cheers,

Link to post
Share on other sites

I think the fees should have been included in the decree and at that normally the maximum for the amount you had is £150.

 

Did you attend court?

 

the court would have decided the total amount.

 

Do you have a copy of the decree?

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Clicking on the triangle just reports the post doesn't it? - sorry if this is naive but I am new to the site.

 

I am guessing you are right about the costs but they did not inform me of just how much these would be (even in the summons) nor write to me directly (or from the Solicitor to tell me how much these would be to date.

 

Highly irregular practices I would think, although this may be the norm I think it is not fair practice and better communication should have been instigated by them.

 

Cheers,

Link to post
Share on other sites

Guest Old_andrew2018

I use the red triangle report.gif on occasion to ask the site team to direct people with the expertise needed to a particular thread.

 

Andy

Link to post
Share on other sites

I think the fees should have been included in the decree and at that normally the maximum for the amount you had is £150.

 

Did you attend court?

 

the court would have decided the total amount.

 

Do you have a copy of the decree?

 

ida x

 

Hi Ida,

 

That's the thing - the court date is in a week and I am trying to avoid going there and having a decree against me! I have never had one and never want one. I just don't think they have communicated this expense in advance and I think it's excessive!

 

The form that you complete and hand in to the courts one week before the hearing is actually tomorrow. I don't know what to complete or do. The form only offers 3 choices - Admit and pay now, Admit and pay in installments or Admit and attend court. I have paid the bill itself and don't mind paying the interest. My issue is the judicial expenses being charged.

Thanks,

David

Link to post
Share on other sites

okay,

 

the interest would be from the date of the decree if granted so no worries there.

 

does the summons say £350 plus court fees?

 

the sol should have really told the court that you have paid already.

 

What i suggest you do is go to the court tomorrow with your papers and a receipt if possible and they will advise you what you need to do and if they are any other charges you need to pay.

 

the clerks are very helpful, what sherriff court is it if you donlt mind me asking

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Andrew and Spiderman-your reported posts are acknowledged.

Ida appears to be answering the main points-and she is conversant with Scottish issues.

As regards moving the thread - there are 2 possibilities either the legal section or else the Scottish section.

Personally I think the Scottish section would seem the most appropriate place.

Maybe an idea to rework your thread title too which I will do now.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

okay,

 

the interest would be from the date of the decree if granted so no worries there.

 

does the summons say £350 plus court fees?

 

the sol should have really told the court that you have paid already.

 

What i suggest you do is go to the court tomorrow with your papers and a receipt if possible and they will advise you what you need to do and if they are any other charges you need to pay.

 

the clerks are very helpful, what sherriff court is it if you donlt mind me asking

 

ida x

 

Hi ida

 

Peebles Sheriff Court. The summons says and I quote 'The Pursuer claims from the defender (s) the sum of £4XX.XX with interest on that sum at the rate of 8% annually from the date of service, together with the expenses of bringing the claim.

 

I have had no letters from them telling me how much these expenses were or asking me for the money. I had two statements from the Oil company then after 3 months received the first Solicitors letter.

 

I didn't reply to any as I was to stressed from illness to do so. My own fault in this respect.

 

Will the court be open every day so I can go tomorrow?

 

David

Link to post
Share on other sites

Hi David,

 

It is open tomorrow and the cleks there are okay. (been there twice and both times found them really helpfull.)

 

I think because the claim is above £200 then the court fee would be £65.

 

I think they can only ask for more expenses if the it acutally went to hearing and the judge decides at that time what can and cannot be claimed and would add this then.

 

Iv'e never paid a claim before the date only dealt with thereafter :rolleyes:.

 

The clerk should be able to tell you exactly has to be paid.

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

on the bottom right hand corner it should have a total amount

 

is this how much you have paid? or did you pay less?

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Making a small claim: Responding to a claim

 

is a good link,

 

basically it says to stop any claim you need to pay the total amount and the interedt from date of issue til date you pay and any question of expenses.

 

ida x

  • Haha 1

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Making a small claim: Responding to a claim

 

is a good link,

 

basically it says to stop any claim you need to pay the total amount and the interedt from date of issue til date you pay and any question of expenses.

 

ida x

 

Hi ida

 

I went along to speak with the Clerk today but couldn't speak with her directly and so the chap on the desk relayed my query to her. She said that the £162.20 fee was the appropriate figure for a small claims summons of this size. Shocking really. Especially as I paid the original bill 2 weeks before the court date. I am still being charged for the sum to be raised via the courts.

 

I just hop I can now get this money to them before the hearing as I don't have it just now!

 

I am really surprised and disappointed with the fuel company, as they sent me a statement after one month then the next letter I get isn't from them but the Solicitors! The fuel company made no attempts to write letters asking why I hadn't made payments and instigated a Solicitor after only 3 months! Can they do this?

 

Do I have any rights here?

Link to post
Share on other sites

it depends on what was written at the beginning of the account and waht was on the 'invoice'.

 

I'll keep my fingers crossed for you that something falls on your lap!

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Yes heres hoping.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...