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    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
    • No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!   Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.   So how about sending them something like -   Dear BW Legal,   cheers for your Letter Before Claim.   I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.   Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.   You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).   COPIED TO NCP   The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.
    • appeal one has ref number showing other pix to screen removed please use PDF only     dx
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      I bought some clothes online in may through Evans and paid through PayPal
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Council Tax debt from 2004-2005 Scotland help

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My boyfriend discovered a few weeks ago that he owes some money to Glasgow Council for the period 2004-2005. He did not realise he owed this and we are very confused as to why they haven't contacted him until now about. he has been on the phone to the Council and the debt company several times to try and get to the bottom of this as he thought he paid the Council Tax for that year but thinks he's figured out what's happened (too complicated to go into).


So my question is, if it turns out he does indeed owe this money is he still liable for it after all this time or does it become written off? Ive read several different things about this, some saying its written of after 6 years, some saying after 20 years for council tax and some saying if you contact them then the clock is effectively reset to 0 anyway so we'd still have another 6 years (or whatever it is) before its written off.


Sorry for such a long post, hope someone can help

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In Scotland arrears of council tax and community charge can be recovered for up to 20 years from the date of the Summary Warrant which is similar to a sheriff court decree.


Summary Warrants for council tax arrears are automatically granted by the sheriff court following an application by the council.


The Council Tax (Administration and Enforcement) Regulations, 1992 do not apply in Scotland.





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I too have suddenly received a notice of Summary Warrant (via Scott & Co) from Edinburgh CC for alleged arrears dating back to 2004-2005. This is the first I have heard about this. As far as I was aware, I had fully paid up prior to leaving Scotland in 2005. As I now live overseas, in the EU, and have no assets or accounts left in the UK, can anyone tell me what my options are?


Many Thanks

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Technically they can ask a EU court to allow them to enforce a judgement made in the UK because of reciprocal agreements if they know where you are, however whether it would be economically viable for them to do so is another matter.

Can I be sued for a debt if I live in another country?


A debt does not AUTOMATICALLY transfer to another country.


When considering whether to sue a few points the creditor might consider:

• Is it worth it? Amount (costs of enforcement)

• Where is the client living?




The Judgement will be enforced in the law of the land that the debtor lives.


Under the Brussels Regulation and the Lugano Convention a creditor can enforce a debt in another country if that country uses the regulation or convention.


Brussels Regulation




All EU countries except Denmark


Austria Lithuania

Belgium Luxembourg

Bulgaria Malta

Czech Republic Netherlands

Cyprus Portugal

Estonia Poland

Finland Republic of Ireland

France (including French Romania

Guiana, Guadeloupe, Slovakia

Martinique and Reunion) Slovenia

Germany Spain

Greece Sweden

Hungary United Kingdom




Lugano Convention




Covers member of the European Free Trade Association (EFTA)


Iceland Liechtenstein Norway Switzerland


If both creditor and debtor are living/trading in UK (centre of main interest) then the creditor must use the court systems in the UK.


The Basic rule for Brussels and Lugano is that a debtor must be sued in the country in which they are domiciled regardless of nationality. Unless it’s a case of negligence, employment, insurance or land disputes.


• Countries covered by the regulation and convention will enforce judgments

made in other countries

• Procedure for this follows the same principals for enforcement in the uk

• The creditor needs to establish which court they must register the uk judgment

before it can be enforced. Embassies may be able to provide this info.


If outside a regulation or convention country, the creditor would need permission from the English or Welsh court to take action against a debtor

If outside the UK and regulation or convention countries then a reciprocal agreement will be needed


• A UK money judgment must be obtained

• The judgment must be final and conclusive and for a definite sum

• The debtor must have received notice of the original proceedings


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