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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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      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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DEL backdoor CCJ for Surrey County Council car park??


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Ok, thank you very much for the clarification.

The case is going to be in claimant region, please can I have it moved to court venue suitable for me?

 

Yes I have already explained the process here on the thread and by PM

 

Andy

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Good morning, please can anybody help me with providing a valid and acceptable reason for transferring my case to a local court?

 

You are the defendant LIP...all claims are heard in the defendants local county court.

 

andy

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Thank you for the quick reply. Please what does LIP stand for?

 

Sorry i have found the answer to my question about LIP.

 

Please is it normal that I will be charged another GBP255 to transfer my case to a local court?

Is there a way round this?

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that is not for transferring it to your local court, that is to have it consideredat a hearing. It is cheaper to have it considered on the papers but you will never get across much of what you can in person, including whetehr the judge thinks your account is an honest one by looking at your body language.

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Please is it normal that I will be charged another GBP255 to transfer my case to a local court?

Is there a way round this?

 

Who has told you that ?

We could do with some help from you.

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talking at crossed purposes with someone,

have you paid a set-aside fee yet and if so how much did you pay?

 

 

If you havent then this is the fee and you ask for it to be heard at your local court so you can get there.

 

 

If you dont ask for this the matter will be heard at the court that issued the judgement.

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so you didnt ask at the time?

There is room on the form for the transfer to your local court for the set aside hearing.

 

 

However at Manchester it will be considered on the papers you have submitted and then you can get it transferred as a matter of course for the new hearing ( if CEL fancy their chances and dont drop the matter anyway).

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Applications are £255 with a hearing and £100 without..a simple request to transfer does not require a hearing so min would be £100.However as advised you should of asked for it to be transferred on your initial N244 set a side application.

 

The CCJ was issued from Northampton CCBC..it was an uncontested default judgment. So the case never left Northampton or was ever transferred to your local county court.

 

The claimant resides in Manchester I assume and you as defendant in Surrey.Courts know the rules that when a claimant is a company the claim is always transferred to the defendants LCC (if LiP) so they should of automatically transferred it within your application.

 

Ring Manchester CC and ask that it be transferred.....you may speak to someone with common sence..but if they are insistent then its £100 only (no hearing)

 

Andy

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There is no section for it...you simply request it within the " What Order are you requesting ?" or attach it to the draft order if you had done one.

We could do with some help from you.

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Thanks for your reply.

That's something I didn't know when I made the application. I assumed that they would transfer automatically to defendant's local court.

So, please are you saying that Northampton made the initial mistake of sending it to Manchester when I made my application for set aside?

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Thanks for your reply.

That's something I didn't know when I made the application. I assumed that they would transfer automatically to defendant's local court. They should of...so its their error...dont see why you should pay?

So, please are you saying that Northampton made the initial mistake of sending it to Manchester when I made my application for set aside?

 

Well all there relevant details are front of the court you made application to (Northampton CCBC?) They know its a default judgment.....they know you have made application to set a side...they know the claimants address and that they are a Ltd Company and they know your address and that you are litigant in person...so why set a hearing in the claimants home town ?

 

 

Ah so they can get an application out of you and another £100 on top of the £255 already paid.....how much is the judgment? :wink:

We could do with some help from you.

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Many thanks for your reply.

They are claiming over GBP300.

I made the application to Northampton CCBC and they are saying that since correspondence address is not the same as the home address, they decided to send the case to claimant's lawyer's home town.

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So are they stating you have to pay....?

We could do with some help from you.

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Well not surprising as Northampton are the ones that have made the error.

We could do with some help from you.

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Have you actually rang Northampton or emailed them ? Ring them if you have not already......pointless speaking to Manchester.

We could do with some help from you.

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I would ring and speak to a staff member and explain what has happened (you have the posts here to explain to them ) see if they will recall it from Manchester and transfer it to Surrey.

 

After all you have already paid £255 for the hearing and its not as if your asking a favour ...you are the Defendant.

We could do with some help from you.

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emailing is the problem, you need to speak to someone so you can explain it properly to someone who has the time and inclination to listen.

You can also get on to Manchester and tell them.

I have been emailing Northampton dealing with somebody in Applications and Orders.
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