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    • Hi,  I'm new here, and hoping that this is the right place to post this.   I applied for pip and was awarded standard mobility (10 points).  I did an M.R. but got the same result. They acknowledge that I can't leave my house without having someone with me. They accept that I'm not completely housebound as I go out to appointments, which are not a regular occurrence, they also said that they can't award me enhanced because I'm not out most days.  Is this correct?  Surely it shouldn't matter how often I go out? 
    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
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      I was in Sainsbury’s today and did scan and shop.
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Something I have been looking for is "third party debt". A sherif has been to enforce a company debt and he thinks he can take my van. He is trying to claim a company debt by taking a personal item. The van is registered to me in person. He will not listen to the points I make and I have legal documents to prove ownership but he said he is coming back to take it. I said he isn't. I have been advised if he does take it i can have a court order to get it returned and he can be sued. I don't need the hassle so should I get a statutory declaration of ownership and what if does not take notice of that? Notwithstanding I have e-mailed his company twice with the documents and payment proposals even though the service I received from the creditor is in question. The creditor is a solicitor who would have been paid if the bank had not pulled the OD without notice and the original court case is still ongoing.

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I have started a new thread with your post.

You should get more help, that way.

 

Regards, Rooster.

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Guest Happy Contrails

Your post doesnt say what sort of a bailiff you are dealing with, my thoughts suggest an HCEO, more: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

 

If you pay a loss due to the unlawful action by an HCEO then you can fle a claim in the county court. Get advice in whether personal effects can be levied upon for a company debt. Limited Companies - Main Menu

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Your post doesnt say what sort of a bailiff you are dealing with, my thoughts suggest an HCEO, more: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

 

If you pay a loss due to the unlawful action by an HCEO then you can fle a claim in the county court. Get advice in whether personal effects can be levied upon for a company debt. Limited Companies - Main Menu

 

He is a HCEO. I have been talking to a business debt line where I asked "can a personal item (Van) and registered to me personally be taken in lieu of a Company (Ltd) debt?"

 

the answer was "no, it as a third party debt and so a personal item cannot be taken for the Company debt and if this happens where it is taken then I can apply for the return of the van and claim damages from the HCEO" My only problem is he won't listen.

 

He has said I should make arrangement to pay the debt. I have e-mailed his Office twice. Once with a file proving my ownership of the van and the first e-mail with a proposal to clear the debt. No response. I have also e-mailed the creditor and no response. He has been three times since then and not responding to any correspondence or any statute.

 

If I was self employed then the Supreme Courts Act 1981 Section 138 (3A) applies but I am told this is an ownership issue which prevents him taking it. He just argues.

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Guest Happy Contrails

If he doesnt listen then thats his problem, its his liability insurance (if he has one) that picks up the bill when you file a claim for a new van & obstruction of the normal course of your business. Write everything down and keep accurate records of your dealings with the creditor and the HCEO.

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If he doesnt listen then thats his problem, its his liability insurance (if he has one) that picks up the bill when you file a claim for a new van & obstruction of the normal course of your business. Write everything down and keep accurate records of your dealings with the creditor and the HCEO.

 

I keep all paperwork and e-mails. This debt arose where I commisioned a solicitor to work a case for us in the Ltd Company which is why the debt is to the company. When I was just about to pay the amount of the bill, the bank, Lloyds, after receiving a large sum of money into the account then anounced I was not going to be allowed to pay any bills and without warning.

The debt is for £1950 and I see the costs on his sheet are about £1100.

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Guest Happy Contrails

Have you contacted the Law Society, the fees seem rather high for a debt of £1900. I dont know if you are personally liable for a comnpanys debts - I suggest you speak to an expert.

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Company debts are company debts with a clear distinction. The only things a director are liable for are secured debts, (secured overdraft, loan etc) Business debtline says this is a company debt and the van is a personal item, on the log book DVLA, loan account and receipt in personal name.

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