Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.   3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form: it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’ So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know. It seems it is dependent on the wording 'completed by registration' and 'is to be registered'??? Below is copied from Martin's MSE.  This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to decieve you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
Bailey14117

1st Stop Recoveries - Claimform old Uncle Buck PDL

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1410 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

2. I am aware of a company named Uncle Buck Ltd, which I understand to be a ‘payday loan company’ offering quick credit on a short-term basis. I have no recollection of there being monies owed or outstanding to this company. Therefore, I deny the alleged amount claimed.

Share this post


Link to post
Share on other sites

I would use Andy's wording. You're then saying you 'do not recall' having a contractual relationship, rather than a denial. It's up to the claimant to show that you did.

Share this post


Link to post
Share on other sites

Ok so I called the court and they have paid the hearing fee. Does this mean they intend to show up.

 

So I'll hand deliver the paperwork to the court today and send off the same recorded delivery to 1st stop recoveries.

 

How do you think the hearing will go?

Share this post


Link to post
Share on other sites

We can only advise Bailey...not see into the future:wink:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Ok thank you, I'll let you know what happens next week.

All help really appreciated!

Share this post


Link to post
Share on other sites

You're on a winner in the fact that they have failed to comply with the directions for starters...as they have failed to disclose or issue a witness statement then they are prevented from relying on any documents and only able to rely on verbal testimony...which is considered hearsay.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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
Ok so I called the court and they have paid the hearing fee. Does this mean they intend to show up.

 

So I'll hand deliver the paperwork to the court today and send off the same recorded delivery to 1st stop recoveries.

 

How do you think the hearing will go?

 

It's hard to say for sure whether they'll turn up - only time will tell.

 

There's a few possible scenarios that come to mind:

 

They may send a local 'rent-a-solicitor' who will act dumb when asked about the lack of information by the judge. Judge could dismiss the claim or adjourn to a different date and ask the Claimant to make disclosure.

 

They could discontinue after receiving your WS - saving themselves the cost of representation at court.

 

They could disclose something in response to your WS over the next few days - we then re-assess and decide on best course of action.

 

They may try to present stuff on the day - highly unlikely, and the judge shouldn't accept it anyway. But you should object straight away and stress the need to review and respond accordingly.

 

They may turn up and ask to speak to you in private before the hearing. Don't be intimidated. Given the circumstances, I personally wouldn't bother speaking to them as you have little to gain with such a strong case as things stand right now.

 

Again, as things stand, you will not need to say very much at the hearing. The judge will probably see the obvious holes in the Claimant's case and will just get stuck into them. If you do have to say anything, it only needs to be along the lines of - 'I don't know anything about the contract the clamiant refers to. Therefore, it is categorically denied.' If asked whether you dealt with Uncle Buck, just say - 'not that I can remember sir/madam.' Just keep it simple and put any thoughts out of your mind that you're going to be grilled. Deal only in evidence and known facts.

 

Feel free to post up any questions or concerns and we'll do our best to help. Andy is the expert and will keep you on the right track, but I've been in your position and know only too well all the worries that come with this sort of thing. In reality, there's nothing to worry about.

Share this post


Link to post
Share on other sites

Ok so I've heard nothing from them, no paperwork sent through.

 

Tomorrow is the day!!

 

Any further advice for tomorrow?

Share this post


Link to post
Share on other sites

I don't suppose you've checked with the court whether they've filed anything with them?

Share this post


Link to post
Share on other sites

With regards to them producing any documents or try to...you must intervene and remind the judge they have failed to comply with any court directions and therefore you request that they be disregarded and are inadmissible.

 

Refresh your self with CPR 3

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

Best of luck and update your thread with the outcome...good or bad

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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
I don't suppose you've checked with the court whether they've filed anything with them?

 

No but I can do that first thing. They paid the court fee.

Is it worth me calling them in the morning?

 

What f they haven't filed anything?

Share this post


Link to post
Share on other sites

Thank you Andyorch.

 

I will definitely intervene, the link doesn't work but I can refer back to my CPR request letter if that will be ok?

 

If they haven't filed anything do I still need to attend?

Share this post


Link to post
Share on other sites

Yes, definitely still attend whatever the situation.

 

It might be worth you ringing up in the morning just so you know what you're turning up to at the court. Plus, you can also post up here and ask for advice in the event that they've filed but not served the same upon you.

 

They might not even bother turning up, but you just need to prepare yourself for the worst case scenario - that being that they produce something at the hearing. Just state your objections calmly and as confidently as you can. Hopefully Andy will point you to the relevant part of CPR 3 so you can refer to that.

 

Best of luck!

 

Sham

Share this post


Link to post
Share on other sites

Link now working

 

Power to strike out a statement of case

 

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Any update on this Bailey?

Share this post


Link to post
Share on other sites

I have just had a similar experience with 1st Stop & Uncle Buck. One thing I'd advise checking is the alleged Notice of Assignment and Notice of Default - I spotted that the signature supposedly from Uncle Buck was identical to the one supposedly from 1st Stop and that the Default Notice was dated after the Notice of Assignment

 

From web research it seems to me that 1st Stop's approach is to 'carpet bomb' potential defendants using MCOL in the hope that many will simply not respond thus gaining them a judgment in default

 

My case was struck out as they did not turn up to the hearing, which again seems a common occurrence.

 

I have complained to the ICO & FCA - if you are in a similar position please also complain

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...