Jump to content


  • Tweets

  • Posts

    • Sounds like you passed the "attitude test" then. Hopefully you should be OK.
    • Thanks for your detail response,   my car was registered in Cambridge and incident happened in london, he asked i did told him i comes london quote often , he laughed and said probably cos of good food.   He didn’t said anything you say maybe given in evidence etc After that he said you know you jumped redlight and u must have read in theory test you should slow down as approaching to signal, i did politely said yeh i know tht but this time i didn’t realised and after that he just handed over my license and we both left…he told me it’s dangerous to pass junction like this…
    • @dx100uk - hi, started new thread here.
    • Name of the Claimant ? Hoist finance UK holdings  Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted> 2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. 3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.    4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No       Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

Birth Certificate question??


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2761 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I don't think you should rush into marriage. I thought it might help a bit on the parental rights issue but maybe it's not necessary. I think it's great that you want your wedding day to be fabulous for your girlfriend. I saw an online ad today for Barnardo's and the girl in it is saying how amazing it was to be given a birthday party by her foster parents because her own mother didn't bother. I just cannot imagine that, even though I know that so many children lead very bleak lives. It's absolutely heartbreaking.

Yeah it is. Like when my gf talks about her childhood it does break your heart but then you think y'know her situation isn't even that rare, mother died, father became an alcoholic, I bet there's hundreds of kids out there now in just that situation...it is sad.

Saying that i do think foster parents do a really really good job - I think if they had less kids written off and stuck in care like my gf and more kids I foster homes the system would work much better....butr there we are - I'm not the one running the country!

 

I cannot imagine why any post-adoption visits by social workers would be required here. It's nothing like an adoption where someone applies to adopt and then goes through the process and is then able to look at/be considered for adoptable children. You want and will love this baby and will be a great father. They'll come and meet you, prepare a report and once it's been finalized by the Court (rubber stamped in fact) then it's bye-bye social workers. :-)

Well that doesn't sound to bad! I guess you just always hear how hard and slow adopting is But if it can be fairly simple maybe that could be the way to go :)

Link to post
Share on other sites
Hello again.

 

This is from the government website about stepparents adopting. You need to be a spouse or a partner if I read this right.

 

https://www.gov.uk/child-adoption/adopting-a-stepchild

 

HB

That's really intresting - I read somewhere 2yrs but 6 months living together isn't bad at all! That kind of time flies by!

Link to post
Share on other sites
Mine was for step parent me (Stepfather) for all 3 of one family, hence why I commented above. and the problem with the real father releasing his authority. they tend to be obtrusive for quite a while.

So. If there was no biological father about do you think the process still would of dragged on?

Link to post
Share on other sites
So. If there was no biological father about do you think the process still would of dragged on?

 

 

 

yes because of the system, he just delayed signing the final papers until his (Mummy) stepped in = enough said.

:mad2::-x:jaw::sad:
Link to post
Share on other sites
yes because of the system, he just delayed signing the final papers until his (Mummy) stepped in = enough said.

 

Really?

So, if you don't mind me asking, was it a lot of social workers and the like or just loadsofpaper work?

 

My concern with adoption, aside from it potentially being lengthy... is my age going against me ]( I'm not 21 till march) and my house going against me (I don't know if that can be an issue or not but it's not particually conventional, it's basically like a cross between a big treehouse and a cabin on stilts)

Link to post
Share on other sites
So id need to be a step parent for that, yeah?? So we'd have to get married before we could apply?

 

No, you don't need to be a step-parent - this is just an example. It can be anyone who wants to have the right to exercise parental responsibilities and rights in relation to the child.

 

The legal significance of a father going onto the birth certificate is that he would automatically get legal 'parental responsibility'. As it should be fairly easy to get a court order giving you parental responsibility by making a section 8 application, I personally think it would be madness to go onto the birth certificate for the sake of saving a hundred quid or whatever the court fee is.

 

I don't think there is any sense in doing an adoption. An adoption would need you to have an assessment done, it would take more time and you would still need to apply for a court order. I suspect you are better off asking for the section 8 order which is a much simpler process. The parental responsibility you are given by a section 8 order is the same parental responsibility you would get with an adoption.

 

The only advantage of doing an adoption would be that it takes away parental responsibility from the father. However, this has no relevance to your situation. A father is only assumed to have parental responsibility without a court order if he is (1) married to the mother or (2) on the birth certificate.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
I'll see what I can find out about the age situation.

 

The issue with the house will be safety. If it's safe and the baby can't harm himself by falling out I think you should be okay.

 

Oh yeah its totally safe...its just, well half of it is raised up. Its baby proofed, its just not conventional as such.

Link to post
Share on other sites
No, you don't need to be a step-parent - this is just an example. It can be anyone who wants to have the right to exercise parental responsibilities and rights in relation to the child.

 

The legal significance of a father going onto the birth certificate is that he would automatically get legal 'parental responsibility'. As it should be fairly easy to get a court order giving you parental responsibility by making a section 8 application, I personally think it would be madness to go onto the birth certificate for the sake of saving a hundred quid or whatever the court fee is.

 

I don't think there is any sense in doing an adoption. An adoption would need you to have an assessment done, it would take more time and you would still need to apply for a court order. I suspect you are better off asking for the section 8 order which is a much simpler process. The parental responsibility you are given by a section 8 order is the same parental responsibility you would get with an adoption.

 

The only advantage of doing an adoption would be that it takes away parental responsibility from the father. However, this has no relevance to your situation. A father is only assumed to have parental responsibility without a court order if he is (1) married to the mother or (2) on the birth certificate.

 

Right I see...

 

So I guess with that my concern is how solid is it? Can it be taken away? Say if my gf woke up in 10 years and decided she wanted to emigrate to Australia with brad pitt, could she? Do I have equal rights or can she override it because shes the biological parent?

 

And then if its 'parental' responsibility then kinda like what happens when he's 18? does it stop? do I stop being a next of kin? would he be in line to inherit mine or my families estates or not?

I know that can all be fixed with a will and the like but I guess I just kind of wonder what happens at that point - do I have anything on paper that says im still his dad or is it just a he knows it and I know it kind of thing?

Link to post
Share on other sites

My understanding is that the concept of 'parental responsibility' is the same regardless of how you get it. It generally shouldn't matter whether or not you are the biological father (this might be a factor in the court exercising its discretion if there was ever a custody or contact dispute, but there shouldn't be any automatic legal consequences).

 

My understanding is that only the consent of one person with PR is needed to move the child about or to consent to medical treatment. I don't think there is any prohibition on her emigrating to Australia with the child, and the situation would be the same if you were the biological father. If you didn't agree you would need to apply to court for a 'residence order', 'prohibited steps order' or 'specific issue order'. If there was a dispute the court would decide what should happen based on a list of statutory list of factors it has to consider. The paramount factor is the welfare of the child.

 

PR lasts until the child is 18.

 

My understanding is that the term 'next-of-kin' has no technical defined meaning in English law.

 

If you have PR, he would be treated as your child for inheritance purposes and hence would be in line to inherit your stuff unless you said otherwise in your will.

 

Hope this helps.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
Hope this helps.
Yeah that does, thank you

 

My understanding is that only the consent of one person with PR is needed to move the child about or to consent to medical treatment. I don't think there is any prohibition on her emigrating to Australia with the child, and the situation would be the same if you were the biological father. If you didn't agree you would need to apply to court for a 'residence order', 'prohibited steps order' or 'specific issue order'. If there was a dispute the court would decide what should happen based on a list of statutory list of factors it has to consider. The paramount factor is the welfare of the child.

sure, yeah I have heard you can move abroad with your kid but I just mean that me and her would have equal rights yeah? I'd have access rights? They cant just take PR away from you.

 

PR lasts until the child is 18....If you have PR, he would be treated as your child for inheritance purposes and hence would be in line to inherit your stuff unless you said otherwise in your will.
I see, so it would end but he would still be my son? They'd still be some sort of piece of paper that says "***McCaw's Son" or you 'know something to that affect?

I mean I know that doesn't really matter, a piece of paper is just that - a piece of paper but I would like that - something, somewhere, traceable that says he's mine, doesn't have to be the birth certificate but just something.

 

I dunno maybe that's just being a bit sentimental - that by itself isn't worth putting my gf and our boy through social workers and the rest of it!! I just don't like to think of my great great great grandkids tracing their family tree, getting back to *** McCaw and then getting 'father unknown' and drawing a blank.

Edited by honeybee13
Link to post
Share on other sites

I just don't like to think of my great great great grandkids tracing their family tree, getting back to *** McCaw and then getting 'father unknown' and drawing a blank.

 

Hello again.

 

Speaking as an amateur genealogist, there are far more records than just a birth certificate to find your ancestors. There's so much information about these days, even if some of it isn't released for 100 years, I don't think they'll have much trouble finding you. :)

 

On balance, I still think you're better off the birth cert and looking for other remedies suggested by steampowered for example.

 

By the way, I've taken names out to keep this anonymous for you. They're not really needed for us to advise.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Speaking as an amateur genealogist, there are far more records than just a birth certificate to find your ancestors. There's so much information about these days, even if some of it isn't released for 100 years, I don't think they'll have much trouble finding you. :)

Haha well that's good :-)

 

By the way, I've taken names out to keep this anonymous for you. They're not really needed for us to advise.

:-)

Link to post
Share on other sites

As the others have said, you can get parental responsibility without adopting, but something makes me think you really want your name on the birth certificate and that is completely understandable. If that is what you want there are only two options - putting yourself on the certificate as the father, or adopting later.

 

The house sounds fine. If you decide to go for adoption they can always advise you of any changes you need to make. They won't turn down an adoption on the basis of an unusual house providing it is safe. :-)

Link to post
Share on other sites
sure, yeah I have heard you can move abroad with your kid but I just mean that me and her would have equal rights yeah? I'd have access rights? They cant just take PR away from you.

 

Yes, the PR can't be taken away from you without a court order.

 

Having PR does not necessarily mean 'equal rights'. If you ever split up and there was a dispute about who the child should live with, the court would evaluate what is in the best interests of the child, and it is not inconceivable that the mother should stay the child should live with her as she is the mother.

 

I see, so it would end but he would still be my son? They'd still be some sort of piece of paper that says "***McCaw's Son" or you 'know something to that affect?

I mean I know that doesn't really matter, a piece of paper is just that - a piece of paper but I would like that - something, somewhere, traceable that says he's mine, doesn't have to be the birth certificate but just something.

 

He would be treated as your son for inheritance purposes and for things like giving consent to medical treatment.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
As the others have said, you can get parental responsibility without adopting, but something makes me think you really want your name on the birth certificate and that is completely understandable. If that is what you want there are only two options - putting yourself on the certificate as the father, or adopting later.

Err yeah, yeah I guess, like ideally I would...I would...

I guess it'll be a case of what I weighing what I would really like up against like up against doing the right thing by him, the right thing by my gf, making the best call for out family, you know? Im not sure, I'm a bit back and forth on it.

Link to post
Share on other sites
Yes, the PR can't be taken away from you without a court order.

Having PR does not necessarily mean 'equal rights'. If you ever split up and there was a dispute about who the child should live with, the court would evaluate what is in the best interests of the child, and it is not inconceivable that the mother should stay the child should live with her as she is the mother.

He would be treated as your son for inheritance purposes and for things like giving consent to medical treatment.

 

Well that does all sound good! Thanks!

Link to post
Share on other sites
I should have asked you before. What does your girlfriend think is the best thing to do?

 

Well...I think My girlfriend would be down with what ever I wanted, but I know she holds the view 'keep it simple, put your name on the certificate' which does have its advantages but my girlfriend, as much as I love her, isn't particually renowned for thinking through long term repercussions of decisions - hence this thread really.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...