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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • 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.
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Making A Statutory Declaration at the Magistrates Court


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Hello again!

 

I've an appointment for Monday morning to make a stat dec at my local magistrates court ( initiated by bailiffs letters )

 

I'm wondering - should I do this even though I have learned from the original court that the offence is definitely mine - it was my car at the time and it was clamped by the police for the offence. We paid a release fee at the pound and thought that was the end of it as we didn't get any mail regarding the matter.

 

All correspondence went to a previous address due to me not updating my registered keeper details.

 

The bailiffs have put an extra £75 on each fine ( there were 2 for the same offence on different days - out of date tax disk )

 

 

Also, what exactly is the courtroom procedure like? I can't say I'm too fond of standing up in front of people and speaking publicly!

 

Thanks for your thoughts.

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Hello again!

 

I've an appointment for Monday morning to make a stat dec at my local magistrates court ( initiated by bailiffs letters )

 

I'm wondering - should I do this even though I have learned from the original court that the offence is definitely mine - it was my car at the time and it was clamped by the police for the offence. We paid a release fee at the pound and thought that was the end of it as we didn't get any mail regarding the matter.

 

All correspondence went to a previous address due to me not updating my registered keeper details.

 

The bailiffs have put an extra £75 on each fine ( there were 2 for the same offence on different days - out of date tax disk )

 

 

Also, what exactly is the courtroom procedure like? I can't say I'm too fond of standing up in front of people and speaking publicly!

 

Thanks for your thoughts.

 

If you fail to turn up then the warrant will be enforced and you will then be liable for a visit fee of £200 on top of what is already being asked.

 

It is NOT sufficient that you were aware of the matter. What is important is that you had not received a summons and therefore you were unable to enter a plea ie: (guilty/not guilty). Crucially, if you had ticked the box to confirm guilty, then the summons asks you to complete the MEF (Means Enquiry Form) where you provide brief details of your income and expenditure.

Courts have what is called "sentencing guidelines". For instance, for using a TV without a TV Licence the fine can be as much as £1,000. However, in most cases it is £100-£200. Again, if you are caught speeding at 85 miles per hour the NORMAL sentence is 6 points on the Licence.

 

What happens is that; when the case is due to be heard in Court, the Court Clerk will address the bench (Magistrates) to introduce the case and she will then advise them that the matter is concerning Mr Joe Blogs and relates to him having a vehicle on a public highway without valid road fund licence. She will then inform the Magistrates that Mr Blogs has failed to enter a plea, that he has failed as well to advise the court as to his financial circumstances (ie: that he is working, or on benefits etc)....and guess what....he has failed to turn up in Court today !!! Firstly, the Magistrates DO NOT like this as it is effectively like putting two fingers up to the legal system. Secondly, and this part is important.....without seeing details of the person's MEANS (ie: income and expenditure) the court MUST assume that Mr Blogs has sufficient AVAILABLE SURPLUS funds in which to afford the maximum fine and costs.

 

As many people on here know, I have a service providing bailiff advice to the public an I have assisted in hundreds of stat decs. In almost all cases, they are accepted and normally, it is the case that a stat dec can be completed and witnesses by a local solicitor and FAXED to the court. There is normally no need to attend. However, SOME courts prefer the person to attend early in the morning (before the court hear normal cases) and from discussions that I have had with various fines offices, the reason why they ask for the person at attend is to save them the cost of having a solicitor prepare a stat dec as sometimes, some solicitors are known to charge over £100 for the preparation.

 

On the example given above, a few weeks ago, I helped a person who had received 6 points on his licence after being detected on a speed camera of doing 84 miles per hours. He was also fined £450. All papers had been sent to a previous address. He filed a stat dec and received a NEW summons and his current address. He pleaded guilty, completed the Means Form and advised the court that he needs his vehicle for his job which involves extensive travel and yesterday he contacted me to say that the court had agreed to REDUCE the points from 6 points to 3 and they also reduced the fine to £250 from £450.

 

Statutory Declarations are VITAL

..

..

Hallowitch, Green, Wonkey and all other experts on here may want to save this answer for future reference.

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hi all and thanks for the information.

 

Yes, I will attend. I'll write later on Monday to say exactly what happened.

 

I am disappointed that it won't be like the court scenes in the Wire tho!!

 

Perhaps if I wear a tracksuit and tie? :)

 

I have to say to anyone considering this - that all persons dealt with at the various courts have been especially helpful and considerate.

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If you fail to turn up then the warrant will be enforced and you will then be liable for a visit fee of £200 on top of what is already being asked.

 

It is NOT sufficient that you were aware of the matter. What is important is that you had not received a summons and therefore you were unable to enter a plea ie: (guilty/not guilty). Crucially, if you had ticked the box to confirm guilty, then the summons asks you to complete the MEF (Means Enquiry Form) where you provide brief details of your income and expenditure.

Courts have what is called "sentencing guidelines". For instance, for using a TV without a TV Licence the fine can be as much as £1,000. However, in most cases it is £100-£200. Again, if you are caught speeding at 85 miles per hour the NORMAL sentence is 6 points on the Licence.

 

What happens is that; when the case is due to be heard in Court, the Court Clerk will address the bench (Magistrates) to introduce the case and she will then advise them that the matter is concerning Mr Joe Blogs and relates to him having a vehicle on a public highway without valid road fund licence. She will then inform the Magistrates that Mr Blogs has failed to enter a plea, that he has failed as well to advise the court as to his financial circumstances (ie: that he is working, or on benefits etc)....and guess what....he has failed to turn up in Court today !!! Firstly, the Magistrates DO NOT like this as it is effectively like putting two fingers up to the legal system. Secondly, and this part is important.....without seeing details of the person's MEANS (ie: income and expenditure) the court MUST assume that Mr Blogs has sufficient AVAILABLE SURPLUS funds in which to afford the maximum fine and costs.

 

As many people on here know, I have a service providing bailiff advice to the public an I have assisted in hundreds of stat decs. In almost all cases, they are accepted and normally, it is the case that a stat dec can be completed and witnesses by a local solicitor and FAXED to the court. There is normally no need to attend. However, SOME courts prefer the person to attend early in the morning (before the court hear normal cases) and from discussions that I have had with various fines offices, the reason why they ask for the person at attend is to save them the cost of having a solicitor prepare a stat dec as sometimes, some solicitors are known to charge over £100 for the preparation.

 

On the example given above, a few weeks ago, I helped a person who had received 6 points on his licence after being detected on a speed camera of doing 84 miles per hours. He was also fined £450. All papers had been sent to a previous address. He filed a stat dec and received a NEW summons and his current address. He pleaded guilty, completed the Means Form and advised the court that he needs his vehicle for his job which involves extensive travel and yesterday he contacted me to say that the court had agreed to REDUCE the points from 6 points to 3 and they also reduced the fine to £250 from £450.

 

Statutory Declarations are VITAL

..

..

Hallowitch, Green, Wonkey and all other experts on here may want to save this answer for future reference.

 

Excellent post TT informative and reassuring for the caggers.

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Hi all,

 

Here's a brief description of the court procedure - which is a full blown court procedure complete with oath, self representation and questioning.

 

I was called into court half an hour before my case. I watched 2 defendants enter and leave the dock before me. They have solicitors/lawyers talking for them and are placed in the glass dock.

 

The court room is a normal day to day magistrates court room with a justice of the peace up on her desk at the end of the room and several advisers and secretaries just below her. There is a scattering of solicitors and next-in-line people at the back.

 

When doing a statutory declaration you have to speak for yourself.

 

When called to stand I was led to the witness stand opposite the dock to make the oath then to explain myself to the court. This description of events and questioning took about 20 minutes including my signing of the stat dec and then reading it back out loud to the court.

 

That's it. Very straight forward and easy. I suggest thinking through what you want to say and say it to yourself a few times beforehand then you don't have to think so much on the spot.

 

I wrote it all out on two sheets of A4 just in case I had a court room melt down!

 

Send a copy registered post to the original court and keep a copy for yourself in case the bailiffs are so stupid they ignore the courts decision. Then you can show it to them and video their expression for posterity!

 

 

Thanks to all who gave me invaluable advice esp. Tomtubby.

 

ps. Listen to her advice.

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Hi all,

 

Here's a brief description of the court procedure - which is a full blown court procedure complete with oath, self representation and questioning.

 

I was called into court half an hour before my case. I watched 2 defendants enter and leave the dock before me. They have solicitors/lawyers talking for them and are placed in the glass dock.

 

The court room is a normal day to day magistrates court room with a justice of the peace up on her desk at the end of the room and several advisers and secretaries just below her. There is a scattering of solicitors and next-in-line people at the back.

 

When doing a statutory declaration you have to speak for yourself.

 

When called to stand I was led to the witness stand opposite the dock to make the oath then to explain myself to the court. This description of events and questioning took about 20 minutes including my signing of the stat dec and then reading it back out loud to the court.

 

That's it. Very straight forward and easy. I suggest thinking through what you want to say and say it to yourself a few times beforehand then you don't have to think so much on the spot.

 

I wrote it all out on two sheets of A4 just in case I had a court room melt down!

 

Send a copy registered post to the original court and keep a copy for yourself in case the bailiffs are so stupid they ignore the courts decision. Then you can show it to them and video their expression for posterity!

 

 

Thanks to all who gave me invaluable advice esp. Tomtubby.

 

ps. Listen to her advice.

 

I am glad that the hearing went well.

However, in most cases, Stat Dec's are sworn before court hearings are heard and therefore MOST of them are a lot less "formal" . The result is all that matters and the court MUST then advise the bailiff company to return the Warrant.

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