Jump to content

  • Tweets

  • Posts

    • I cant help thinking that if we had to complete a questionaire that asked if you were "physically able bodied" before you were interviewed then this would be classed as discriminative.   Yet you can be asked to explain a gap in employment and that this is not classed as discriminative to people who may have had a mental breakdown.   Ok on this occasion I had taken a work break, if thay had asked a bout a break I had taken 10 years earlier then it would have been a different story as I had suffered depression and anxiety at that time.   It just seams to me that it puts people who have had a mental health issue at a disadvantage.      
    • I am just outside of the HS" zone for compulsory purchase. However,I put my house up for sale 4 weeks ago, and have had 2 viewers. Both said they like the house but the threat of HS2 having framework across the road put them off buying my house.    I am aware that I can take HS2 to court and get the court judge to (hopefully),force HS2 to purchase my house at market value under the Blight Order.    How do I go about starting the process?. Which court would the case go to?. Am i best enlisting a claims specialist with success in this field?.    The estate agent who my house is on the market with has told me that they have the feedback documentation from the 2 viewers testifying that HS2 put them off buying my house, so they would be available to the court.    Apparently there has already been 1 successful case on my street, and 1 two streets down, and there is another case on my street going through the court.    Any help, laws,quotes etc would be greatly appreciated.
    • Hi HubbaLoo and welcome to CAG   It's no surprise that the likes of CARS and Harlands  make far more charging admin fees than they do from taking a small monthly percentage of the gym fees.   It's best to tell CARS your new address - best that you know what they're up to at all times.   Send them a typed letter (no emails for now) saying:-   Dear sir or madam,   Membership at [town/city] DW Gym   My current address is as shown above.   I cancelled my membership when I relocated and supplied details of moving. I do NOT have to supply utility bills etc as demanded from you and will not enter into further correspondence with you.   If you continue to harass me for payments of admin fees, I will make formal complaints to the appropriate authorities.   Yours faithfully.    
    • It is not the DVLA that insist it must be insured, it is s.144A, Road Traffic Act 1988. Off road and SORN is one of the exceptions - s.144B of the same act.
    • Update  Ico and tpos are both useless Martin quinn has said to them that the signature on the tenancy agreement is diffrent and neither have asked for proof  The police have not given me an update on the supposed burglary or speakers that went missing that the man n van was meant to deliver  even after asking 9 times so now I'm trying to put pressure on them to tell me why they wont    I'm also going to try and get him under the Protection from Eviction Act 1977 as what he has done is a criminal offence
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2316 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All, below is brief summary of current issue:


1. BW legal issued statutory demand for lowell (ex barclays (OC), Morgan Stanley)

2. I applied for set aside

3. Court wrote and set hearing for BW to provide original signed agreement, statements, notice of assignment(NOA) and letters they had sent

4. BW turned up without the agreement but had statements and NOA, Court adjourned hearing till 13th June so they could get original agreement from the OC. Court gave them till 1st May to file and serve written evidence so that I can file and serve by 24th May - they haven't sent anything :-x

5. Hearing on 13th June is non attendance pre-trial review.

6. Today I received letter from BW serving me with statement of account (again?) no mention of agreement or any witness statement.


My question is what is best way to proceed?


1. Write to Court telling them that BW have not complied (again) with one of their orders?

2. Wait and file my witness statement as ordered


By the way statements show late charges or £12, also account quoted in NOA is not same as in statements.


Thanks for any responses!

Edited by why-not-me
Add month to date.

Share this post

Link to post
Share on other sites

Think you should write to the court asking for set aside to be granted, based on BW Legal/Lowells not compliance. Court may not agree, if there is another hearing in June, as they may want to give the claimant more time. But it may be worth sending the letter, to draw the courts attention to their non compliance.

We could do with some help from you.



 Have we helped you ...?         Please Donate button to the Consumer Action Group


If you want advice on your thread please PM me a link to your thread

Share this post

Link to post
Share on other sites

Thanks unclebulgaria67. The order states clearly that I should file and serve written evidence in reply (if so advised), it also says both parties should lodge a Listing Certificate by 7th June. Maybe I should just wait and file my witness statement - at bottom of Listing Certificate document it says:





If the case is not ready and/or this form has not been completed on time the court may fix an appointment for further directions. The party who has not complied with any directions given my be ordered to pay any costs unnecessarily incurred.


Only original witness statements filed in accordance with directions made will normally be read at the final hearing. Copy evidence is not generally accepted.



Since they clearly have not complied with the direction to file and serve their witness statement does it mean that there is a chance the court will not allow it? or am I being to simple.. seems courts are funny places.


By the way I asked OC for agreement back in 2010.

Share this post

Link to post
Share on other sites

I got letter from bh legal today saying


"Please note our client has agreed to your application to set aside the Statutory Demand with no order as to costs. We therefore enclose a Consent order for your approval".

Share this post

Link to post
Share on other sites

... so you can sign the Consent Order and tht's the end of it or you can hold out for your costs. Most people in your position would just sign it and heave a sigh of relief. Basically they've used the Bankruptcy procedures as a collection tool and this backfires in just the same way as the CCJ route if they are unable to supply the correct documentation. Well done!

Share this post

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...