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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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No win no fee issue

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Need a bit of advice here for a friend who cannot afford a solicitor.

 

Quick run down.

 

Friends is a masseuse, working in many different areas including hot stone massage.

She is very professional and has done many years in training for what she covers.

 

A client has decided to sue her using one of these no win no fee companies and has lied stating that my friend didnt get her to sign a disclaimer etc, well I know for a fact she had signed and she has the paperwork to prove it.

 

Now this client has stated that she had a torn ligament from this hot stone massage, now if anyone has had the pleasure of one of these you would know its nigh on impossible to get a torn ligament, Ive had one myself and its the most relaxing form of massage, not to mention when you tear a ligament which I have its bloody painful and the pain is instant and this client showed no signs of being in any pain when having this procedure.

 

Now this friend of mine has no liability insurance, only does this part time and has literally no assets to her name, she is also a single parent.

We feel that this is either someone trying to discredit her because she is a new business or they have some other vendetta against her. Why we have no idea as my friend is the most loveliest lady you could ever meet plus extremely professional.

 

This is a bit out of my comfort zone but she has requested that I help. There is no way she can afford a solicitor and she is scared that this will reach the court stage and will lose what little she has if this woman wins.

 

Any advice at this stage would be greatly appreciated.

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Client has stated or written her a letter before claim ?


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Client has stated or written her a letter before claim ?

The client has never approached her has only gone straight to these no win no fee solicitors.

My friend had no idea that anything was up until she got this solicitors letter.

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I'm afraid that a sign disclaimer won't help very much because you can't disclaim against a breach of contract or negligence where that negligence causes personal injury.

 

On the other hand, if it turned out that she was being deceptive as to the disclaimer then that would help to discredit her evidence. If I were her I would suggest not referring to the matter of the disclaimer at all until it got into court. Then your friend could raise the fact that she had signed a disclaimer. If the claimant then said that she hadn't, it would be the time for your friend to produce the sign disclaimer and to allege that she was trying to mislead the court.

 

This would be fatal to the case but it would be helpful.


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There was no breach of contract though??

There was a consultation first, which she signed to say that she had had, but has now denied that she had a consultation and also signed a disclaimer to state that she had no ongoing injuries or illnesses that would be impeded by this treatment.

 

Wouldnt it be in my friends best interest to send these copies to the solicitor before it even got to court?

 

Wouldnt it be on the onus of the claimant to prove that the massage caused the torn ligament? as Ive said its nigh on impossible, the type of massage is actually used to help these types of injuries not cause them.

 

would my friend be in within her rights to request a copy of the doctors report?

Edited by dx100uk
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Wouldnt it be in my friends best interest to send these copies to the solicitor before it even got to court?

 

Depends on whether or not she wants to embarrass the claimant in front of the judge.....the sooner these NWNF outfits are outlawed the cheaper insurance will become.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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she really doesnt want to get to the court stage, she is going through some serious personal issues at the moment which I cannot repeat, hence why Im helping her with this so to take some of the strain from her.

 

Depends on whether or not she wants to embarrass the claimant in front of the judge.....the sooner these NWNF outfits are outlawed the cheaper insurance will become.

 

Oh I totally agree, but she really wants this stopped in its tracks as soon as possible. I just want to do this as quickly and with as little mess as I can and at no costs to my friend.

Edited by dx100uk
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Could you possibly scan and upload this letter ( redacted ) ?


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Could you possibly scan and upload this letter ( redacted ) ?

I will try and get it tomorrow.

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Hot stone massage causing a torn ligament???

No doctor on this planet would ever sign anything even suggesting such nonsense.

I bet it's a bit of fishing from the nwnf solicitor thinking that your friend is covered by insurance.

Many ways to deal with this, but if i was your friend i would contact the solicitor and point out 2 things:

1. Where's this doctor report?

2. I have no assets, so even if you are successful you won't get a penny

Of course you would need to dress it up a bit 😁

I bet the nwnf solicitor would run faster than husain bolt if he knew your friend has no assets.

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Wouldnt it be on the onus of the claimant to prove that the massage caused the torn ligament? as Ive said its nigh on impossible, the type of massage is actually used to help these types of injuries not cause them.

 

would my friend be in within her rights to request a copy of the doctors report?

 

 

Yes, disclose all the disclaimers now and nip this claim in the bud during the pre-action stage. That way it shouldn't get anywhere near a Court.

 

She should also point out that she has no public liability insurance and no assets. Might make the solicitors think twice if they can't recover any costs from your friend.

 

Your friend has no right to see the Claimant's medical records or reports until the claim is issued.

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Every Contract has an 'implied Duty of Care'.

I would not reveal my Defence until required by Court, but would start compiling it now.

Similarly, until then, your friend has no Right to the Claimant's Defence.

All your friend can do at moment is say to Claimant/NWNF Co. 'see you in Court' or a she sk for advice from a suitably qualified Solicitor.

It is wrong to assume she has no assets at all.

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