26/01/2012 18:11:13
Topic:
HELP needed MCOL
MCOL confused
Posts: 1
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Hi , I am hoping there is somebody out there that can help me ! We recently submitted claim for unpaid debt through money claim online . Defendant responded with part admission . We filled out N225A form to say we accepted the part admission (ticked B) and filled in C to say we wanted payment immediately , the amount they admitted plus court fees ....then heard no more . I have spoken to MCOL who say that we didn't ask for judgement therefore we need to complete N244 application to ask for stay to be lifted and judgement ( I think ) . Reading through the copy of N225A again , I think this has happened because either the court didn't receive the form back in time , or not at all , rather than us failing to do something else we should have done ? Am now struggling with the N244 particularly q's 3-10 . Not sure if I ask for judgement as well on this form or if another required ? I don't know where to send it - was told fee of £40 needed - is this right ? Sorry - lot's of q's , but on a steep learning curve here as not something I have done before !! Thanks
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26/01/2012 15:35:23
Topic:
Investigation pending dismissal/police action
quarryman
Posts: 1
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Last week I was suspended from work by a blue chip manufacturer. I have 18 years unblemmished service. The allegations are of theft of company property 4 years previously. At the time I purchased a quantity of 'scrap' components which were infact quite valuable - the company no longer had a use for them and sold them for a nominal fee. I subsequently sold these components and readily admit it.
However, the parent company has discovered this, and it transpires that the division I work for should have destroyed these components rather than dispose of them. As this 'theft' goes back 4 years it's difficult to prove my innocence, the company does have records listing 'assorted items' or similar that were purchased at the time, but they claim it was for something else. Most of the people involved at the time have left the company, although two remember these components and will vouch for the companies disposal.
The problem I have is that the parent company will want answers and I think my company will sacrifice me to protect their reputation.
They are following correct procedure as expected but I think it will utimately lead to dismissal for 'suspicion of theft' which appears legal.
Is this the case and if so, what would be my best course of action?
Many thanks
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25/01/2012 13:17:01
Topic:
Landlord having dispute with estate agent
blablablaola
Posts: 1
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My house was rented and managed via estate agent. The agent claimed that many equipments at my home was broken and needed to be replaced as well as few building works done. Although I received invoices, he never provided me with receipts from shops how much everything exactly costs. I paid for everything but was unable to check it in person due to living abroad. Later on, after moving back to my house, I have found out that some equipment, which meant to be broken, was in working order and not changed by him at all (I paid for it as well). I have asked for full list of how much everything cost, who did the changes, where was it bought, warranties and receipts. I have received reply with a heading "WITHOUT PREJUDICE" and explanation, that the items was bought as a bulk item, he has already provided me with invoices and is ready to go to court, therefore sent a copy of this letter to solicitor. He did not proposed me any sensible solution, claiming that he did everything correct. I have spent about £1500 for all those "changes" and therefore I am not sure is this case suitable for Small Claim Court (I read that housing issues are up to £1000) and am I in position to claim a proof other than an invoice? He refused to provide such, therefore on which ground can I take an action against him? And can I use that letter in a court?
Thank you.
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23/01/2012 19:33:34
Topic:
CCJ unpaid - charge against Defendants property
akavenue
Posts: 1
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Thank you. I appreciate you taking the time to respond with guidance.
Does anyone know if there is a forum or agency to publicise the names of dodgy landlords?
This guy has 5 CCJ's that remain unpaid. I just fail to understand why people are allowed to continue renting houses and rip honest people off?
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20/01/2012 16:54:52
Topic:
Fit for purpose
johnramm
Posts: 1
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I recently bought a bed and after a few weeks we found it was difficult to sleep in due to sagging I informed the shop we purchased it from and they said they would send somebody to inspect it If the inspection deems the mattress to be not sagging sufficiently for replacement What course of action have I got under the Sale of Goods Acts because it is not possible to sleep on this mattress and is therefore not Fit for Purpose Please advise what I do next Regards JRamm
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19/01/2012 11:47:20
Topic:
Being released from a mortgage
Chester81
Posts: 1
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Hi
I have been moved out of the home that I shared with my ex partner for about 3 years and we are both named on the mortgage. I now have a new partner and children and i want to be able to buy our own home, but can not because I am still named on the mortgage with my ex partner. The house with my ex partner is on the market to be sold but my partner is making no effort to sell it as her and her new partner are living there, but it is preventing me from moving on in my life. Is there anything at all I can do to come off the mortgage or to make my ex partner drop the price of the house to help it sell??
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17/01/2012 15:35:32
Topic:
Magistrates court - Missing a hearing
Gibs
Posts: 1
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Back last year I was pulled over on the motorway for exiting a motorway late and told I would get 3 points and a £60 fine. I was moving house shortly afterwards and completely forgot about it. The police had my mobile number but I never heard anything more. It appears a court date was then set and details sent to my old address. I received a letter to my new address with details of a fine that the court had given in my absence. Ringing the court I explained I was not aware of the court date and they said I had to make a statutory declaration. The court date is this Friday 20/1/12. I'm not really sure what I should say or what I could take with me to help, or what I can expect to happen on Friday. Will they offer me the original points and fine of £60?
Many thanks for your help
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10/01/2012 20:36:27
Topic:
Restricted view theatre tickets
sjn32
Posts: 1
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My daughter bought theatre tickets for the Glasgow Kings Theatre Panto, they were full price tickets for the front row (£55 for both). Unfortunately when they got to the theatre they couldn’t see a full third of the stage due to lights and speakers, for a couple of the songs they could see no one on stage. The tickets were not marked or advertised as restricted view.
We have tried to contact the theatre on a number of occasions, but no one has replied to our emails or returned our calls.
Where do we stand on a partial or full refund??.
Thanks in advance for any help.
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10/01/2012 18:25:48
Topic:
NHS Voluntary redundancy payment
emas51
Posts: 1
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Hi - After over 16 years service NHS I have volunteered for redundancy at the PCT, and as I am over 60 years old have my pension waiting. Would I be able to be re-employed on less hours and if so how long do I have to wait before I can re-join. Many thanks.
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09/01/2012 21:17:43
Topic:
I have been awarded costs - how do I get them?!
si71
Posts: 1
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Hello,
I had a bankruptcy petition against me dismissed, because it was against a substantially disputed debt. I was awarded costs. As a litigant in person, I have drawn up my bill and sent it by special delivery to the petitioner. It was returned as "refused". Could someone advise what are the correct steps to getting paid costs? For example, should I tell the court if the former petitioner suddenly gets a bout of shyness?
Thanks for your help
Simon
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07/01/2012 11:48:34
Topic:
Access for Maintenance...
Mrs_Kranky
Posts: 1
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We have a terraced through-by-light property (outlined in Red), we are second from the end. There is no direct access to the rear of our property. There is another row of terraces across the end of our street, and to the rear there is a strip of unmaintained scrub land (blue). The owners of this scrub land have built a 7ft wall between their property and the land (Dark Blue), cutting off all access to this particular strip. We have recently had some bad weather, resulting in some roof damage, including damage to the internal ceiling due to a leak. Obviously we need to get this fixed - and have a roofer coming out to take a look.
I have checked our deeds for any information as to access and have not found anything but wonder if there is any legal requirement for them to grant us access - how this would affect the 7ft wall, and how we would go about approaching this. At the moment we would not be able to ask them for access as there isn't any due to the wall.
Also, as this area is massively overgrown and inaccessible due to this, do the owners have an obligation to keep this area tidy?
Thanks
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07/01/2012 10:41:23
Topic:
Next door turned into a half way house
paul.l
Posts: 1
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Hi there,
This is not so much for me but my brother, he lives in a private rented house, the house next door is also private and the landlord has turned it into a half way house for ex crims, now the thing is my bro has 2 lil kids and he,s terrified for them he,s on about doing what eva it takes to protect them even going jail, he,s rang the local police and they recon they can do nothing becuase its a private house so basically my bro,s gone off his head at the police saying he will do what eva it takes to protect his baby,s. I need some advise fast before this gets out of hand, he was not informed this was going to happen the landlord next door just did it, how can this be legal? is there anything he can do, having 3 criminals living next door to 2 lil kids its just not on, we live on a council estate and well lets just say things on council estates can spiral outa control very quickly.
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06/01/2012 14:06:06
Topic:
Neighbour's power cables attached to my property
deck_chair_dave
Posts: 1
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My next door neighbour lived alone and passed away just over a year ago leaving no heirs.
Since then, his property has remained empty and for sale in the hands of an executor.
The boundary between my property and the empty property is my responsibility.
For part of the length I have marked the boundary with a low retaining wall and a wooden fence.
During the recent stormy weather part of the fence blew down.
When I went round to begin the repair I found that the deceased owner of the next door property had had a power supply installed to a small garden shed. The cable to provide the power had in part been fixed, by drilled holes and screws, into my retaining wall and into the base of the fence.
I was able to make a repair on this occasion without disturbing the power cable, but at some point in the future I might want to completely remove and replace the retaining wall and fence.
Should I ask the executor of the neighbour’s estate to have the power cable removed?
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03/01/2012 23:07:31
Topic:
Email/phone agreement by a Hypnotherapist
Whittleme
Posts: 1
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I hope someone will be able to give me some advice; I really don't know what to do and don't know where I stand legally.
Before Christmas I was very depressed and wanted help with my weight loss as it was affecting my health. So I contacted a Hypnotherapist and she said for £4,500 paid over 2 years at £200 per month she could help me. It is a huge sum of money and after speaking with my husband and cutting back on things we agreed we could afford as my health was at stake and we have a young son. So we made a verbal agreement on the phone and she sent me an invoice and I paid her the first £200 just before Christmas. We made a list of dates for her to start my 'therapy' the first of which was going to be a half an hour call on the 19th of Jan. Then she started to text and emailing me 'how are you' and have you checked your email/text etc, very frequently throughout the festive period.
In the new year today to be exact my husband said that he was told that he was under risk of being made redundant, so I immediately rung this woman to tell her I could not carry on and start the therapy because my husband had been told he could be made redundant and I did not want to start something that I could not pay.
She then told me that I either carry on paying the £200 per month or I needed to pay her £1300 for the time she had spent already. By phone she had spoken to me for 1 hour which she said was free in fact it was only 45mins. Then the second call was to go through the dates for about 15 minutes. She said her hourly rate was £500 and because she had 'worked' with me for 1.5 hours I owed her £1500 minus the £200 which came to £1300. She said that every email and text she had sent was her time 'working' with me!!
Never did she mention that I was being charged for each call or email or text. Most of which only consisted of her chasing me to ask if I was ok or if I had read my emails/texts etc. We had not done any 'work' on me!
I have not signed anything but I had agreed on email and on phone I wanted to go ahead. I am not after my initial £200 back but do I really have to pay her £1300 for 'work' she has supposed to have done for me? Which amounts to 'how are you' texts and one or two line emails???
She is now threatening me to carry on paying the £200 per month or £1300 or else... she didn't say what the or else was. I am so scared I am going to be made to pay this money when I let her know asap that I could no longer continue. Can anyone advise me what my legal rights are please? And yes I know I have been very foolish and you do foolish things when you are desperate.
Thank you so much for reading this!
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03/01/2012 15:07:55
Topic:
Being sued for personal injury
BorisJ
Posts: 1
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Hi,
I recently received a letter requesting my insurance details from a no win no fee solicitor regarding a personal injury claim from a tenant at one of my mum's rented flats. Basically there was a leak in the upstairs flat (not owned by us) which led to part of the ceiling falling down in our downstairs flat, apparently on the tenant, and giving her soft tissue injuries.
I am co-owner of the downstairs flat with my mother, but the tenancy agreement is solely with my mother. My mother also received a letter from the solicitors as did the owners of the flat above. There are other proceeding against the tenant because she has not paid her rent for months so she is already in the process of being evicted (the injury happened after she had stopped paying her rent though I suppose this is immaterial).
I have no insurance and therefore can't send them the details as requested. My mother does have the appropriate landlord insurance and they are dealing with the claim sent to her on her behalf.
My only link with the tenant is that the property is co-owned by me, all other matters are dealt with by my mother. Therefore, do I have any liability on this basis?
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02/01/2012 15:43:40
Topic:
Advice needed - Ownership of relatives burial sit
james_d_84
Posts: 1
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Not sure if I'm posting in the right place, new to these forums, apologies for any errors. Will be as concise as possible.
Many years ago my gran and her sister purchased a plot of land in a cemetary in Scotland for both of them and their brother to be burried. My gran's brother was burried there first a decade or two ago. My gran passed away at the end of 2010 and was burried on top of her brother. The third space was intended to be for my gran's sister when she passed away.
When my gran died in 2010, her sister decided she wanted to be burried elsewhere, with her husband, and no longer with her siblings. She then sold the plot to my uncle (my gran's son who is the eldest of her ten children).
This has caused countless problems for the family. The man she sold it to (my uncle) is a retired senior policeman, one who has controlled and used power over people his whole life. He's only ever been a job title and people inside and outside of the family have feared him for decades.
Yet again he is using his new control and power (having ownership of the burial site) to dictate.
Now my gran was not only my gran, but my parent, she brought me up with my mum and I think of her as a parent not just a gran. Whilst there are probably around 20 or more other grandchildren, I am the only one she brought up and the one who she was closest to.
Since her passing, very few of my gran's children visit (apart from my own mum who goes twice a week every week, and another uncle who visits at the same time. They both maintain the grave, keep it clean, tidy, fresh flowers etc as none of their other siblings visit on a regular basis/ or at all in some cases. The uncle who owns the grave lives in Spain so he just controls and dictates from a distance.)
As my gran was extremely close to my brother, sister and me, the three of us decided to purchase a very small ornament to be placed beside the headstone, at the back of the headstone in a non-intrusive place. The ornament is a small (7 inches wide by 4 inches tall) black bible which we had inscribed to say thankyou for everything).
Within a few weeks of this being placed down in 2010 the controlling shi@the!d of an uncle sent a letter to my mum (even though the ornament is clearly got my name, my brothers and sisters name on it, not my mum) stating she had a few weeks to remove it or he had instructed the council to remove and destroy the ornament. My siblings and I agreed that we couldn't bring ourselves to take it off the grave, if someone else did it then that was up to them but we weren't comfortable in taking it away so we left it. Of course it was removed and we assumed it had been destroyed. I live in London and have received no letter or anything about it being removed, I only know through my mum calling me to tell me she got a letter addressed to her.
About a month ago the ornament turned up in my grandad's cupboard. Whoever took the ornament (and broke it but tried to 'glue' it back together!) had kept it for all this time and placed it in my grandad's cupboard knowing my mum goes there a few times a week to look after my grandad. I discussed with my siblings what we wanted to do with the ornament, and we believed as we bought it as a thankyou present for our gran that it would be returned to the grave where we felt it belonged and if it was removed again then so be it. We also assumed that whoever removed it and had it repaired and returned felt guilty and was returning it as a peace offering. So on Christmas day just gone I went to my gran's grave with my brother and sister and returned the ornament again behind the grave stone out of the way of the other ornaments and flowers other relatives had placed and which had been allowed to stay.
An email has been sent to my mum this morning from my controlling uncle demanding that it be removed again, or will be destroyed. Again this ornament isn't from my mum, but she's the one getting his hurtful (and full of personal attack) emails. My mum is upset and worried. Anyone who experiences my uncle assumes that his word is gospel because of the job title he once held before retiring. I'm not sure if what he's saying in the email is legally true or not or if he's just doing it because he believes everyone should listen to what he says.
Now what I really need to know is - does he absolutely have the right to decide what can/cannot be placed next to the headstone?
How can I handle this? We're not trying to gain control of the land, or any legal contract etc etc, all we want is for our small gift to our gran to be kept beside her grave.
Any advice greatly appreciated!
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30/12/2011 15:38:48
Topic:
rights to access ??
coskermike
Posts: 1
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Hi There chaps.
New to this site so I hope ive done it right !!
Adjacent to our house is a lane which runs the length of our garden. The lane serves as rear access to five houses. Land registery shows that four of the five houses only have rights to pass and repass over the lane, only one house actually owns a small part of the lane. Land registery also shows that there is nobody listed as owning the remainder of the lane. I wish to create a hard standing area at the bottom of my garden to store a touring caravan. Having spoken to the people who have rights to pass and repass over the lane they have created fuss saying I have no right to access. I have spoken to a solicitor who specialises in land who states that the only person who could stop me from using the lane is the person who owns the deeds for the lane and since there is no record of this person or deed then I can use the lane in acordance with the rules regarding pass and repass. Can anyone shed some opinions on this for me ??
many thanks
mike
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26/12/2011 18:07:22
Topic:
Court summons for minor fraud?
philthepat
Posts: 1
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Good afternoon!
Before christmas I had an interview under caution at dover police station. I was reported for using someone elses name and address to obtain credit (for £300) and told at the end of the interview that I would be receiving court summons through the post. I admitted to doing wrong, and I accept that I must face the consequences. I have never been in trouble at all before, and was struggling at the time due to having lost my job, my best friend being killed in afghanistan and my partner having a miscarriage. I have already started to make arrangements to pay back what I cost the victim.
I am also myself in the middle of an application to join the forces, and know that if this does end up in court, which I presume it is, means my application will be very severely delayed, if not completely stopped. Is there any chance I am able to work something out so that I dont have to wait for any conviction to be spent?
Thanks for your help in advance.
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20/12/2011 15:06:09
Topic:
Sick pay issues
Siharris
Posts: 1
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My wife has been signed off sick for the past few months and her employer's HR department have recently conducted a meeting with her to discuss occupational health etc. this all seemed fine however during the meeting it was discussed that although she is currently recieving 75% income this would at some point drop to 60% and they would give my wife advanced notice of this happening. Earlier this month my wife recieved a letter dated December 8th outlining a change to the processes regarding pay and the letter contained an insurance form for income protection insurance on behalf of the company with a note explaining that her income would drop to 50% from the 22nd December.
When my wife recieved this months pay slip yesterday it indicated only 50% of her normal income. She had previously been advised that the company pay sick a month in arrears so we assumed that the employer has made a mistake and the reduction should have commenced in January for the December period. After several telephione calls to her head office she has been informed that they have not made any mistakes and are now claiming that sick pay is not processed in arrears. They have also admitted that payroll was processed 7th December and the letter regarding the income protection was not composed until the following day therefore giving insufficient time for my wife to return the income protection claim and for it to be processed.
Can my wife pursue any claim against this as this has obviously left a big hole in our household income and she is getting no responses from her employers?
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18/12/2011 20:29:28
Topic:
Business advice
www.clicklegalservices.co.uk
Administrator
Posts: 374
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If you were trading as a limited company, the action (if any) lies against the limited company - if it is still in existence and not against either you or your ex-partner? If the company is no longer in existence and has been dissolved, then the Claimant would have to apply to re-instate the company. In any event, I wonder if there was any insurance covering the company against liability of this nature. Finally, for a claim to be successful, the accident has to be "foreseeable", and a ceiling spontaneously falling down, or cause or warning in advance, in the absence of say, a previous flood etc, is not foreseeable.
I don't really understand the reference to repairs though, as if repairs generally were being subcontracted then your company would, as stated above, be primarily responsible, but be able to claim from the contractor for failing to carry out the repairs properly. However, in this case, there seem to be no issues of repair being relevant to the ceiling before the accident. Simply by being a company secretary and having two jobs (one of which is for the sub contracting maintenance companny) does not in itself mean the company is liable.
I think there is a claim for a contribution or an indemnity to the maintenance company from your company but insofar as the tenant is concerned their contract was with you not the maintenance company.
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