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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Yes wait until you receive notification of the Judgment (the order) and allow a little leniency for payment...if not forth coming then you execute the judgment.

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i think the defendant claims benefits, lives with his girfriend who has his kids and uses her account for things as when i paid him initially, i later found out that it was her account and not his. i reported him fro fraud as hes done this to others but the police have done nothing. i know he has items of value as he has been multiple items on faceboo such as a number of xbox games, he has both an xbox and a playstatio which we dont considering we work. i dont care if i get £10 a month back, i just want to firstly get my money back especially after the cheek of his girlfriend that they spent it! (despite this i offered instalment repayments where she just laughed at me before starting this process) and secondly to stop them doing this to anyone else. it was so hard to get that money together. :(

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  • 2 weeks later...

SPGM,

My circumstances were similar to yours albeit reversed.

After i got judgement i paid i think £100 to the court bailiff who executed the judgement and i got my money which included all my costs.

This action took time though as the defendant offered a £1 per week which i refused and insisted they recover the whole amount which they eventually did but it took about 4 months because he kept objecting and gave me and the courts the run around a bit,but i stuck at it and was patient and got what i wanted and he got a ccj registered for 6 years:violin:.

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Judgment is entered but I dont actually know what to do next. I'm happy if I get my money back and he gets the stress of bailiffs because he's caused me so much stress. I gave him a job when noone else would and not only did he steal from me he's doing it to so many others. How do I take the next steps? Thanks so much and glad u got ur money back.

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SPGM,

I would phone your local court Monday, they will advise you of the bailiffs fee to be paid etc and then you can instruct the court bailiffs to proceed.

Give them as much info as possible ie, if he has a car (van would not be included because its a work tool), televisions, ps4 / xbox and anything else as they will use this as leverage to obtain your monies back, tell them your are not prepared to accept weekly payments and see where it goes...you might have to at the end of the day if he has nothing, they will take his goods and sell them..

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i have a choice on the moneyclaim website to request a warrant. is that teh same thing?

 

Yes

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also on the warrant page it says balance due at date of this request

and amount of warrant.

do i add interest further on one of these? interest is 0.30 a day and the amount at time of judgement on 20/11 is £1415.85

 

Yes....submit your up to date figure including interest and fees.

We could do with some help from you.

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  • 3 weeks later...
  • 3 weeks later...

Ok so I have just received a letter from the courts to say the defendant has left that address, they have no knowledge of his whereabouts and the warrant has now been returned;( what can I do now? Truly gutted. I don't have any other address for him and he was there. Can't believe people are so nasty to steal like this.

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Time to do some investigative work.......neighbours.. social media?

We could do with some help from you.

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Ok so I have just received a letter from the courts to say the defendant has left that address, they have no knowledge of his whereabouts and the warrant has now been returned;( what can I do now? Truly gutted. I don't have any other address for him and he was there. Can't believe people are so nasty to steal like this.

 

you can employ a tracing agent to locate him.

 

Will cost around £40 +VAT.

 

Have a look on Google as most do a "no trace no fee" deal.

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There you go....many thanks Ganymede :-)

We could do with some help from you.

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thanks. i think hes not working, does all the banking through his girlfriends account which i found out (she claims benefits , not sure if he does anymore) so even if i do trace him he could just leave that address and move on or say he has no money even though hes doing all this work to rip people off. the business has still got the address i had on yell.com. i think the address i had also was his girlfriends parents who he was living with so i dont understand how there is a new tenant there?

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