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    • Couple of errors on your N244...not sure why you couldn't save a copy...move your mouse to the side and right click ...save as.   Dont complete anything in 6..my 30 mins was an error...as its requested without a hearing..   9a should be left blank (it states other than the claimant /defendant).   Staple the Draft order to the n244 along with the 2 letters of consent.   On the draft order remove the Amended particulars ..that was just for your benefit when you get to the next stage and the court asks you to resubmit amended particulars.Also there is an error in the amended particulars...should state " The leading Claimant " not The principle claimant.     No you cant represent anyone....but you will be in attendance as the main claimant...if necessary and if directed by the court your daughter can submit a statement in support of the claim in her absence.We can cross that bridge if and when necessary.   Assuming the application is successful the court will give an order for you to resubmit an amended particulars of claim...nothing else changes..the date of claim the value etc....only the claimants names and the particulars.   lastly dont forget to make payment ...the fee is £100...and also be aware that in making this application you may become liable for the defendants costs if your claim is not successful.   Andy
    • Well thats what I thought they'd done?   As you can see it was way over my head! Im sure the judge said he was a Barrister though? I'm totally confused. They didn't give me a name.   Out of interest, if they now allocate me a 3.5 hr slot, and a 2nd court date, have my court costs just shot through the roof? 😲
    • Although I broadly agree with that sentiment Jase, the 'conservative MP's have just defined themselves by almost all blocking a relatively small sum to feed hungry UK children Approx 125 million it cost to feed hungry children over 6 weeks I saw   So as a rough rule of thumb If we take 4 weeks of lockdown and 4 weeks of holidays until 'spring, you are talking about them refusing * less than sercos EXTRA profits from covid, * and FAR less than the cost of the failed collect 250 spit samples a day exercise   Despicable doesn't even start to describe them.      
    • oh god no dont enter nor start pointless letter tennis ever.   dx  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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we keep geting bailiffs coming round for council tax it's claimed we owe from 2006.

 

we do not owe this money, i was a victim of i.d. theft. we have had loads of companies claiming i owe money from this address, all have backed off and cleared me after i gave them a crime referance number.

 

the council are saying they wont accept a crime referance as proof the debt isn't mine. i've been and spoken to the police officer who is dealing, and he said as the victim of the offence is the council, they need to report it as a crime.

 

the council say they won't report it as the have my name, therefore i'm guilty, the bailiff has seen evidence of the crime ref number and accepts it's not us who owes the money, but he has to keep coming as the council instruct him to.

 

how do we deal with this?

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You contact the local Government ombudsman, and make a complaint of fraud under Section 2 of the Fraud Act 2006. The council has instructed a bailiff to obtain money from you while knowing or believeing that money is not lawfully due.

 

Try to get the name of the council official that is telling the bailiff to colect the money from you, and you can ask the police to question him under caution as to why he instructed a bailiff knowing the debt is unlawful. He could be committing an offence under Section 4 of the Criminal law Act 1967 because he failed to report the crime to police when it was brought to his attention.

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by 'this address' i take it thats not where you are now but another property that the nice person was at and assuming your identity?

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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by 'this address' i take it thats not where you are now but another property that the nice person was at and assuming your identity?

 

dx

thats right, sorry i wasn't clear, but all 6 kids are ill and it's hard not geting any sleep for 2 days

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Have you got anything in writing from the Council which ignores your plight ?

The Local Ombudsman would want to see copies of anything.

I would write to the Chief exec of the Council and also the Councils legal section giving them an ultimatum to sort this out.Your responses from them can then be used for the LO to investigate.

The bailiffs could cease collection activity if they were inclined,but obviously will continue to say that their client has not withdrawn the file,as long as the Council are not prepared to do it.

May be worth considering a subject access request to the Council asking for copies of all communications between you and them-this would give you additional ammo in showing that despite your best efforts they had continued to sanction collection.

Have you no welfare rights advice centres in your area ?

Quite often these will take up your issues and mediate between you and the council and they are free.

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.

 

 

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we have nothing in writing, it's all been done over the phone, which i now realise is a mistake.

 

i will look into welfare rights centres,

 

i will also look into writing to the c.e.o. of the council

 

 

 

 

thanks for your help, i'm going to try and sleep now, but i will check back 1st thing in the morning

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Ok good.Well if you know the approximate dates ie between XXXXX and XXXXX Then you can also request call logs.

Everything discussed by phone is likely to have been entered on the screen in any event so you still have a way to show.

I did a SAR to my own council following council tax arrears issues and everything was there.

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.

 

 

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May be worth considering a subject access request to the Council asking for

 

I might be wrong, but a council is a public authority, and a SAR is what a person asks an appointed data controller of a private company that is registered under the Data protection Act, for described personal information that company is holding about him.

 

An authority doesnt need to register itself under the Act to hold personal data, asking the public authority for disclosure should suffice & doesnt need £10.

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