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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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      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.
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homelessness / section 21


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An update of what has happened

 

I didn't send the draft letter I posted.

 

I have been given max points to bid for the council to rehouse me before actually being evicted. (I do think its so I'm not on their homeless stats. They know its going to happen so I'm guessing they think - well do it now rather than make then look bad! - correct me if you think Im wrong)

 

Well after my section 21 ran out, the council rang me to inform me that my LL had rung them to find out if they were rehousing me. The council told me that they couldn't tell them anything due to data protection, but did tell them that I had a legal right to stay until the courts told me to go. The council then asked me if I was on good terms (which I'm not) with the LL and if I was to tell him not to bother with the expense of the court as the council had given me points to bid already.

 

Seconds later I got a text from LL to say that he hopes that the move is going well and to drop keys off to agent. He would be round tomorrow to check the property.

 

This freaked me out but I didn't respond or tell him what the council wanted me to.

 

I took a day off just in case as my 16yr old girl was on study leave at home.

 

Agent rang to ask me about the toilets that were being fixed etc and then slipped in a question on how the house hunting was going. Obviously checking it out for LL

 

LL didnt show - thank god!

 

Today (a week later) I receive court papers for posession.

 

I will go to shelter and I have to to the council for them to see it (they wanted me to do this) but I would like you guys to give me your opinions.

 

LL has declared only one original AST agreement was made in feb 2007 and no others were made or agreed to. He also stated that the increase (that was made within the new AST in feb 2008) was agreed by all. He then added a statement of account detailing the increase from feb 2008. I have this document still.

 

He added a statement in the any other comments bit where he wrote that I was in arrears etc and made a big thing of what is owed to him. But as we all know section 21 is not the place to mention arrears or am I wrong?

 

Oh - the possession is an accelerated one.

 

Any thoughts from anyone on how I should respond within my appeal in my defence would be appreciated. ( I have the renewed AST agreement signed by LL but I didnt sign it - just paid the increase as stated in the AST doc)

Edited by confused mum
small typo mistakes
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  • 3 weeks later...

Monday I sent in my appeal against the section 21

 

I was helped by Shelter which was fantastic and now I am waiting.

 

I can post my appeal here if amyone needs help or guidance.

 

Does anyone know how long I have to wait for a court/judge response?

 

Plus what do the papers look like and what details are normally written within the judges decision?

 

Thanks

Edited by confused mum
day wrong
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Over a week later and still waiting to hear the judgment on the section 21.

 

I have read on sticky and other threads etc that if I want to claim 3 x deposit - I should counterclaim against LL.

 

Does this mean that if the judge decides on the section 21 the LL served being unlawful or not valid, that he cannot demand the LL to pay 3 x deposit?

 

Basically what can the judge do at this point? What is his/hers limits?

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Thanks Planner!

 

I have read so many stories on here and Im getting myself confused even more.

 

At the moment I am still waiting for judge to decide if the section 21 is valid due to a second AST agreement not being submitted by LL. So I'm guessing that the Judge is going to throw out the section 21 and LL will then possibly place deposit into TDS. (deposit being £2200).

 

Now I have just read somewhere on here that if LL does this, my Claim for TDS non compliance will be a waste of time as I am still a tenant, awaiting to rehoused by the council. (LL wouldnt give me a ref to go to a more affordable property back in Feb/March, so had to stay and getting into arrears. All my pleads to move etc and his responses have been kept on email)

 

Secondly he left me without running water for over 2 months over christmas (just gone) as he was abroad in Korea and left me to sort it as he basically couldnt be bothered and didnt have an agent)

 

Anyway - do I go ahead and claim?

 

Will it definately be N208 as the claim will be well over £5000, once interest goes on.

 

What I need is some very nice person to list my route of action from now.

 

Please help me. Anyone???? Begging

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Be very careful about going for the 3xdeposit - it cannot be claimed through small claims and can be an expensive business - especially if you lose as you can also be liable for the LL's costs.

 

I would only consider going this route if LL refuses to return it. If he protects it, well and good, at least you know you have a chance of getting it back!

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Landlord "defence" against not protecting deposit. - Page 2 - LandlordZONE Forums

 

this tenant had every reason to believe that her case was valid and she would win - she did not - to the outrage of any normal-thinking person. I think this case makes an absolute mockery of the law and the judge should be admonished. Don't know how one goes about appealing such a ruling though.

 

The classic bit you might miss is the bit where the judge says that if T had paid by cheque, L would have kept cheque and given it back at end of tenancy - therefore not needing to protect it!

 

Absolutely unbelievable! A travesty of justice.

Edited by Kentish Lass

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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  • 1 month later...

Judge asked for a court hearing. I attended but LL didn't but he wrote a letter claming he was abroad and that he orders the judge to evict me and for me to pay arrears. Judge wasnt amused at all!

 

The hearing took 5mins and after reading LL letter he declared he didn't realise why there was a hearing at all as the 2nd AST agreement is valid and my LL hadn't declared it.

 

Struck out.

 

Meanwhile I have been given a council property - thank god and should be moving next week.

 

I have now written to LL (via recorded delivery) asking for the £2200 to be returned within 14 days or I will proceed with court action for not putting my deposit into a scheme which has a fine attached. etc etc....

 

So now it's wait and see! I guess that my LL will not return it. He thinks he is above the law! But if he does then great - that will do just fine.

 

Any thoughts out there? Do you think I stand a chance? Should I use the N208 even if its going to be a huge claim?

Edited by confused mum
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  • 3 months later...

Hi Im looking for some advice for my ex partner he's been homeless now for 6 years since our marrage broke down he ha no perment address he 's been staying at friends and reletives houses since our split. He hasnt no longer got any life skills he doesnt know any rights that he might have a a man in his situation he has joint custotty with our two children i have full custotty of them but the children go every other weeknd to my his mums house to stay from friday untill sunday evenig , he dosent get along with his mum to be able to live their and she only allowes him their while he has his children the room that my ex shares with my two children is so small that my ex is sleeping on the floor and the children of oppsite sex are boy 11 and girl of 7 I dnt feel happy with this situation to contnue cos its against human rights. My ex now is very depressed and his on medcation for his depression he thought his luck changed last week when a orginsation that was a mentoring at the jobcenter offererd to help him get a place so he can sort his situation out and gain stiabity and change his outlook on life. The lady when he went down their told him that he werent depressed enough and that he had to be severely depressed before any help would be made. She also didnt care about taking any paper work to start the process off of getting his foot on the ladder she had a negitive attitude towards him and his hope of getting a roof over his head (the basics of living like a human being) im sorry put im angry at the lack of help that he hasnt had its wrong any advice is greatley appreacated thanks

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Hi Shell.

I recommend you give shelter a ring - they'll be able to help.

Also your (ex.s?) local council should have a "homelessness action team " or something - they should be able to arrange a bedsit or flat for your ex.

As to your children, their welfare needs to come first - if you;re not happy with the sleeping arrangements, don't let them sleep over!

Carpe Jugulum

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Shell in hell, hi, I'm not sure where to start, so, I suppose, is it OK to ask where you are in the UK?

 

I would imagine that the help you can receive "should" be the same across the country, but betting it could well be different region to region.

 

It might also be a good thing to start a new thread in other parts of the CAG forums - the 'benefits' section seemed to have some incredibly helpful feedback there too. I lost my job earlier last year in fairly grim circumstances and have three young children to support too. I was taken aback, however, at how much support and useful information there was for me - and others -on CAG and elsewhere. It was appreciated both then and now and things seem to be working out for the better for us all now.

 

If you do post on different CAG forums do cross reference the posts that you place though, so that posters can see each others responses across the various threads.

 

It can't be easy for you, especially as this time of year, but I'm sure that those who can help here will certainly do so.

 

These things do sometimes have a way of working out for the better too, so best of luck - and take care

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Yea thanks for the advice. My ex has tryed aproaching greenwich council and they have told him that because he is a man on his own and because he has no dependents living with him he ant prioty so they carnt help him they told him to apply for a private accomatdation but because he was on a low wage at that time he couldnt afford to go privately at the time But now he is on jobseekers. And as for the children they have reglaur contact and overnight access with their dad and has done for a long time nw i dont feel that by this situation happening my children should lose out on qulity time with thier dad but thanks for the advice ill give shelter a try.

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