Jump to content



  • Tweets

  • Posts

    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
    • So who cleaned it and are they prepared to give a report of the state of the place as they found it?
    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt.   The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. F   rom your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon.   One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
  • Our picks

    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

johnsworld v Barclays Bank


Please note that this topic has not had any new posts for the last 4556 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

It's good if you want to find your thread hijacked, your case splashed all over the media, your identity compromised, and your house besieged by reporters.

 

I want to make it clear to everyone that I had no part in publicising this story. It certainly wasn't in our interests for that to happen.

 

It's a big leap from my username to my daughter's identity and I never used it on the site. Given the number of cases that were heard at Luton I have wondered if the BBC were tipped off and my real identity leaked.

 

I appreciate the sincerity in your good wishes guys and thanks for that, but at the moment I'm quite disillusioned by the whole experience.

 

With kindest regards,

John.

Link to post
Share on other sites
  • Replies 136
  • Created
  • Last Reply

Top Posters In This Topic

We understand your concerns and sympathise with your situation. If you require any assistance contact me via Pm.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

Link to post
Share on other sites

Hi John

 

sorry to read what has happened to you- just to let you know my bank settled Fri - they obviously did not want to get involved in the stay argument - maybe because they are not part of the original agreement- who knows?

 

Again sorry to hear your privacy has been compromised - not good when you are not at the end of your case yet.

 

Thanks again for all your encouraging words along the way. They did help

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Hi

 

New post to this thread.

 

I am genuinely sorry to hear about your privacy being invaded.

 

Having read through this thread from start to finish.

 

I couldn,t help notice the coincidence of post 112. Do you have any other connections with this poster.

 

I know we are all in this together and I apologise in advance if I offend poster of 112, but it just seemed a coincidence to me that it was mentioned.

 

Kindest regards

 

Dee

Link to post
Share on other sites

So sorry to hear you've been hassled John, - you've been a brick with your input and advice - time for you to have a bit of peace and space-

 

All the very best mate,

John TTFN

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Hi John

 

I thought the whole idea of a username was to protect your identity.

 

has anyone given you an explanation as to how your identity was leaked out.

 

this is extremely worrying for all of us, and you have my sympathy.

 

virtual hug to you

and keep your chin up.

 

alice in limbo land

xxx

Link to post
Share on other sites

Hi Johnsworld, Just read through your thread, sorry this has happened to you. Hopefully you'll be able to find help from the mods on how to deal with this.

 

Jenny x

Link to post
Share on other sites

hi,johnsworld,sorry to read about what happened re privacy,my post 112 was done out of sympathy for you and many others and most probably me to,after reading post 110. i think it was 110.bit of moral support. the inconcistancy of the courts is mind boggling to ordinary people,whats the point of having judges orders. i still think that point should have more press.not any single case.deep,my thread is, novice computer user.tez

Link to post
Share on other sites
  • 1 year later...

Well Guys and Ladies,

Just popped in to see what's happening, but I guess we're all still waiting. Looking back all the fuss about our case seems a long time ago and time make me see that it wasn't such an ordeal. The Press intrusion was a pain but I refused to comment so they had to write their stories without my help. I have to give some credit to my local paper who didn't feature the case once I explained that I hadn't won and that it was a bit of a non-story. Some of the others wrote it as if I had given them a statement and that was annoying. Still, I learned a valuable lesson about privacy and the need to protect it. My biggest regret was the publicity that Judge Abraham received. I have great respect for him and the fact that he was prepared to stick his neck out in making the order to suspend the charges and I regret that his stand became so public. I know how that happened and I want you all to know that it was not as result of anybody's postings on this thread. Beware of how much detail you give when you write or they might track you down!! Thanks once again for all your help, support, kind words and sympathy. It was much needed at the time and so appreciated.

John.

Link to post
Share on other sites

Hi JW,

 

Good to hear from you again and hope you and yours are well.

 

:)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

My sentiments too John - thanks for the update ........ :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

hi

 

thanks for the update.

 

its not all quiet as there have been some offers and monies received on some hardship cases this month under the new waiver rules .

 

So some progress has bn made in that area

 

nice to hear from you again

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...