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Fee Schedule Letter and Debt Collector Notice example

26 Sep 2016 22:55:37
Hi ed article 61 of the magna carta. Any thoughts on this seen a clip on fb quite funny about not paying council tax or fines in general. Any substance to it or fraught with danger.

{Ed033's Note - There is substance but because we're living in a police state, it is fraught with danger.

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10 Jul 2016 10:36:30
Hi ed, just received our fines from the council for taking our kids on holiday. I'm not trying to fight it on attendance grounds as in the norm but the letter they have sent contains incorrect information as it states from the 2nd of may till the 17th of june. We went on the 4th of june and returned on the 19th of june. So the dates missed from school were 6th till the 17th obviously excluding weekends. As the dates are factually incorrect would the council drop the fine due to material error? As it states it will be dropped due to material error.
Cheers.

{Ed033's Note - i would write a letter to the council addressed F.T.A.O. the Chief Financial/Legal Officer and tell them you've been fined, but according to their rules, the fine will be dropped due to material error, and there has been a material error [explain dates].

Then i would write if you agree to drop the fine, then i thank you for your time, but if you do not agree that this is a material error and drop the fine, then i require of you a detailed explanation from you what a material error is and why your error is not a material error.

If i receive a detailed explanation from you what a material error is and why your error is not a material error, then i will discharge the fine within 30 days of receiving your detailed response.

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10 Jul 2016 14:55:11
Thanks for the reply and information received.

{Ed033's Note - it's likely you'll get a standard nonsense reply followed by how much to pay, but it's definitely worth writing, just to see what you receive back.

10 Jul 2016 21:25:15
Hi ed another question if I may can I claim costs and expenses from the council for industrial action.

{Ed033's Note - The idea is, that if someone or a company causes you loss (money or time etc.) because of something they did or caused (whether deliberate or by mistake), you can claim costs and expenses, but you have to prove that they did cause you loss.

Firstly you write to the council explaining the loss and what they owe you in costs and expenses.

07 Jun 2016 22:37:36
Law opinion

Hi Ed, having bother with my neighbour about two trees that have created a hedge row, we live in Scotland and know that a high hedge act has been passed, we've corresponded with them but had no joy.
The next move is to go via the council but it's £385 just to have it considered without them saying whether it will be successful or not. I was hoping you'd have some info to help out.
Yours Lmph.

{Ed033's Note - i think you should phone up the council and see if the £385 is the total amount they will charge for seeing this through to a conclusion. Also you want to know whether they are going to test the hedge against the high hedge act or something else.

You might want to try and work out (by looking at the legislation they will test against) and see how much they might reduce the hedge by.

If they might reduce the hedge by a significant amount and £385 is the maximum they'll charge, i would go with paying the council £385.

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08 Jun 2016 13:52:38
Yeah looking thru the legislation it's covered under the act and a few of the neighbours are going to counter sign so hopefully it gets something done.
The £385 covers the council inspecting the tree and enforcing the owner to cut the tree back, if he refuses the council will cut the tree back to 8" and reclaim the cost from the resident. Hoping this is how it plays out haha

Thanks.

{Ed033's Note - Seems to be the only real solution. Good luck

14 Apr 2016 11:47:36
So let's say I have a fine well I do have a fine
And I do need to get it sorted but as they took my licence. I lost my job so haven't got the money coz the little I do get I give to my family that is my priority at the mo . so I haven't even tried to contact them yet how is best to approach this
I got what u said and if I write does it then matter what I said or is there still a correct way to start it in the letter .

{Ed033's Note - Write to them saying, You have no job and any money you receive goes to your family. Say after survival needs, you can pay 50p a month to pay the fine off. Look on the fine at the ways to pay them and see if you can set up a standing order with your bank to pay them 50p a month.

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14 Apr 2016 17:46:11
Thanks for the reply
I'm going to do that now
I can't believe this can be sorted this way
Thanks for time
I let u know what my reply is.

{Ed033's Note - You may have to create an income / expenditure list to satisfy them, but remember after survival needs, if you only have 50p a month to spare, then that's all they can have and that's what they have to accept.

14 Apr 2016 20:46:31
I think my browser is playing up I did reply a lot earlier
Thanks for this information
U would not believe the Agro I had a couple of years back and judge sent me packing
I'm going to get writing this letter
And I will let u know as what they say
Thanks again.

{Ed033's Note - it's mostly about replying to them appropriately because if you don't reply appropriately, then you'll have endless agro with them.

14 Apr 2016 23:22:06
I hear what u say
Thanks for info and time.

{Ed033's Note - Below on this page is my reply to supasub about staying in honour. It's good to read it. Replying appropriately is about you staying in honour within their system.

Staying in honour is not creating controversy between you and the opponent (don't create controversy by refusing or ignoring them). To not create controversy is about writing appropriately to the opponent every time when they write to you.

For example, to stay in honour and not create controversy, you could reply with a conditional acceptance such as; i'll pay you the amount you're saying i owe you, if you prove to me that i owe you money. i give you 10 days from you receiving this to prove it, otherwise after the 10th day we both agree i owe you nothing.

15 Apr 2016 20:37:08
That last bit on the last comment wow
U know your stuff ed
Thanks for the time
Also I refuse to sign on becuase of the attitude and treatment they hand out
They can make me sign for them to except or is that my choice
I know it might seem silly but it isn't I refuse to be one of the many that get treated and tared as a lazy bum
Funny realy coz when I worked I was quite proud that we do pay tax so the next man can make sure he is good.

{Ed033's Note - You may know this but if you're over 25, i personally would apply for tax credits rather than signing on. With tax credits you just sign the tax credits form once and no more signing.

With tax credits you can claim you're working 40 hours a week for yourself. You can say you're starting a business selling stuff on ebay. That way there's no signing on each week and no job interviews/form filling on a regular basis to get benefits.

16 Apr 2016 03:06:30
I knew if your 25 your aloud to claim tax credits but didn't know the later
Reply was even better than I thought
I think if I can get proper work by end of next week I'm going to have to do this
Thanks for time ed.

{Ed033's Note - ok, good luck with getting proper work

16 Apr 2016 15:28:47
Thank you ed.

20 Apr 2016 10:16:58
Ed I posted the letter this morning they should get in day or two I needed to pop into my solicitors today see if he would be able to give me some work he said he will think about it . so good news that coz he's a good man been there since I was 14
Anyway I showed him my letter because he was expecting my normal lol
But u should of seen the grin and suprise!
So that's on it's way
Thanks a lot ed
I'll let u know more when I do.

{Ed033's Note - ok great, good luck.

19 May 2016 22:20:05
Alright ed 33
I thought I would give a update on letter
I still have not received a reply if it was anything else but courts I would be happy to think it's sorted
But it's the courts and don't think they would just drop it
But I didn't won't to call and flop it some way
Wot would u say
Just leave and wait or write again?

{Ed033's Note - Remember, i have no idea what exactly is going on with you or who you wrote to. i have no idea what you wrote before, but i would write again.

i don't know whether you've already been to court and agreed to something prior in court, but if it's to do with the court, then i might write to the court manager.

In theory you should set up a standing order with the bank and just pay them every month through the bank standing order. If they don't like the amount, then it's up to them to write to you, but if they accept the amount 3 months on the trot and you don't hear anything back from them, then an agreement has been set as they have accepted payment 3 times so they must have agreed with you on the monthly amount.

26 May 2016 09:22:56
Alright cheers ed33.

20 Mar 2016 15:10:20
Hey, I was hoping for a little advice.

A friend of mine, struggling on benefits, has been issued a court summons regarding unpaid council tax. He can't make ends meet at as it stands and the stress caused by this has had consequences on his health.

Am. I right in thinking a court summons is an invite? And he doesn't need to attend? The thing is, he literally doesn't have a penny spare to put towards the council tax.

Is there anything he can do? Once again. I appreciate your time.

Also, the court date is 1030 tomorrow, 21st March so it's a little time sensitive. Sorry about springing it but I've only just found out myself.

{Ed033's Note - Your friend should have long before now contacted the council and said something along the lines of; we have have to come to some agreement as i do not have the money to pay council tax. The idea being that anyone can only pay what they have left after reasonable expenditure/survival needs. This would take the form of writing down in detail, thheir monthly income in 1 column, their monthly expenditure in another column. Income minus expenditure is what you can pay, even if it is 50p per month.

now about the hearing invitation. Even though there is no requirement to attend the hearing, personally i would turn up (unless they tell you on the phone there is no need to when your friend does the below.) with the income/expenditure on a piece of paper to hand out to them.

I would also say to them in the hearing that i made an honest mistake in not contacting the council before now, but i'm here to resolve the matter. The problem your friend has is that the people in the hearing are just there to make you believe you've had your day in court and not to make any agreements between you and the council.

Therefore, whether your friend turns up or not tomorrow, they should definitely 100% contact the council (council tax collections dept.) tomorrow morning by phone and tell them they wish to resolve the matter but you're having financial difficulties so you need to come to some agreement with them. Have the income/expenditure details to refer to over the phone.

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20 Mar 2016 16:32:43
Thanks for the swift response. I have gone through his expenditure with him and it's not good, to say the least. I'll follow your advice . It's not worth the hassle, if you ask me .

{Ed033's Note - It would be best to pay something to the council immediately, to show that your friend is not refusing to pay, even if it is a few pounds.

in the longer term, if a person calling themselves a bailiff (in reality they will be a private debt collector) turns up asking for council tax money, do not let them inside your friend's property, do not sign anything. Tell them they're trespassing and close the door on them and don't open the door again to them, ever.

If your friend doesn't let them in and doesn't sign anything and if they ask your friend to a hearing in the future, turn up with the income/expenditure form each time and keeps communicating with the council to resolve the matter, every time they are asked about council tax (to remain in honour), the worst that can happen is that they bankrupt the commercial name of your friend.

23 Mar 2016 03:06:14
does your friend have other debts mate?
if he has, he would be better to declare himself bankrupt .
council tax WILL get wiped off and in a weird way the more he owes the better it is. i think it's anything over 5k.

i think its 450/500 pound to declare yourself bankrupt. citizen advice best place, but hard to get an appointment with the cuts .

try this , he can ring them and try to get professional help.

goo.gl/QKj3bN

had to sort out an old bill my mother forgot or ignored and she got a summons for court, these guys were great.

27 Mar 2016 14:42:51
Sorry for the slow reply. To be honest, Franky, I thought this was was all sorted. However, my mate completely ignored all advice and didn't even turn up to court - due to a few issues he has surrounding his friend passing away. he's been drinking himself silly for 6weeks now.

We're expecting a liability order in the next couple weeks. I'll have a look at the link when I calm down a bit. he's wound me up today. I don't have time, or the will, to sort this out for him at the moment. I feel like a babysitter sometimes.

As always, I appreciate any and all advice. This is a cracking community on here. It's good to know there's still a few out there willing to put themselves out for others.

Enjoy the bank holiday!

13 Apr 2016 21:09:03
There is a non-publisised piece of help the council can provide.
You can ask for a reduction in the council tax.
You make an application, basically setting out the circumstances and providing all income and expenditure.
The council tax section have discretion to wipe off all or most of the arrears upmto the point of the application.
I used to work in a council tax section and have dealt with a few of these.
'Good cause' can be classed as proving there is substantially less income than the expenses.
If the full arrears are written off, your friend may also get a refund of all or some of the payments made on the account.
You can see why councils don't advertise that there is this scheme.

16 Feb 2016 05:49:39
Hi ed. i'm looking for some advice regarding the rights of police officers in u.k. Gangs have plagued the area I stay in and the police are taking action. I was pulled over walking my dog for no reason.

I'm not a member of any gang and never have been. I was listening to my mp3 when they pulled me. I did not hear them shout. As I walked away the officer kicked the back of my knee and I went down, he asked for my details and I was reluctant to give them.

I have nothing to hide but it was the way they stopped me that made me a bit angry. Am I obliged to give them my details when I've not done any wrong? And are they allowed to profile and stop me because of the way I look, dress and my age group?

They also searched me (for no apparent reason) said, "you're lucky this time ya wee scumbag". I know its wrong what they done but what can I do to complain. I have their numbers and a picture of the number on their car. I have no witnesses. I personally believe that I'm not the "scumbag", what they done hurt me (physically) although not serious. but I'm 100% sure they violated my rights. I know its not the best subject to talk about, but any advice would be appreciated ed.

{Ed033's Note - Sounds like this took place in Scotland or the police officer was Scottish. The first thing everyone should do when confronted by an officer is pull out and start recording video/audio. Aim the video at the chest of the officer but make sure they know you're recording. They may ask you to not record but you say, "no, it's for my protection".

From then on you should only say appropriate words to them that makes them think you know your rights.

They should only stop you for either assistance in a crime they're investigating (which you are under no obligation to assist in.) or they have reasonable suspicion that you have either committed a crime, in the middle of committing a crime or are about to commit a crime.

And reasonable suspicion requires facts, proof, evidence or circumstances that would lead a reasonable person into thinking you have either committed a crime, in the middle of committing a crime or are about to commit a crime.

In your case you'd want to know from them what facts, proof, evidence or circumstances has led them to have reasonable suspicion to detain you.

You're under no obligation to give them your details but you have to say no consent to them, but even if the officer is a very reasonable officer, you're going to have to spend at least 5 minutes repeating to them that you do not consent and your under no obligation to give them details as they have no reasonable suspicion that you're involved in any crime.

If the police officer is not very reasonable then pretty quickly after you say, no consent they'll unlawfully arrest you and work out the details later, which may mean letting you go 8 hours later, if they can't find anything that sticks to you.

Putting in a complaint is a waste of time, the only real thing you could have done if you had recorded the incident and not consented would have been to sue the police force that the officer belongs to (or the individual officer), but for that you'd ideally want to know how to sue yourself. It's not difficult, just filling out forms. The www can show you how to do this.

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17 Feb 2016 11:14:08
Thanks ed.

17 Feb 2016 17:07:16
It's similar here where I live Mr.x. I've not experienced it myself, but I know people who have and it's horrible that some of them think they're above the law that they are meant to be preaching or enforcing which ever you prefer.

14 Apr 2016 21:36:50
I also lived in this situation and a sad fact seems to be if u live in this type of area
And do won't this changed (area get better that is ) u need police to be ruthless
Sorry
And I have lived in a gang when I was a nipper and the problem is a lot of these kids these days carry weapons knife and guns I remember a old mate I used to know
Well he still stayed on this street thing and a couple of kids I mean 15 and up knocked his door 9 in the morning and shot him in his face died on the scence but my point is this is the type thing we all get from the police becuase what they have to deal with on a day to day basis and if u tell all police to only be nice to these youth the braver they will become
Then there is the issue of illegal migrants that ain't traceable that carry weapons and they don't think twice of killing a child and moving on only to be cuaght if arrested and when a finger print finally catches them it is years later in different area or country if at all
My mate mikale was 15 me to this is about 15 years ago
He was on Mary's high street a car pulled up tried offering crack my mate was braisen and told him to go away and called him a crack head
The man got out of the car with a massive chiv chased my now scared mate and stabbed him straight in his chest he then jumped in the car and took of
My mates last words where I think I'm dieing and his life left his eyes .
And only real thing to do if u live in this type area
Is walk down the road with your hood down / wrong I know but if police then act in this manner it is clear that it's the officer that as ed says needs the camera on him
Sorry for the long post .

01 Feb 2016 13:30:20
Looking for some advice Ed,
Shared a house in uni last year and there are charges being brought against us by landlord/ estate agent. They seem to be charging extortionate prices for repairs in the house and just ramping up the charge of everything. If the contract is joint and several or with a lead tenant does that make a difference? Is there a way to contest the charges. They have already kept all of the bonds, totalling over 1500 quid. Should we have had an opportunity to find our own method of replacing broken items before they had someone in and charged us for it? And would everyone be liable to be taken to court or just the lead tenant?
Thanks in advance.

{Ed033's Note - Students and their parents/guardians need to take this student house sharing more seriously.

Firstly everyone should know that some landlords are always going to try and keep the bonds by making any excuse. Secondly they are going to claim that x is damaged and y is broken so they can get free repairs or charge a higher price for repairs / replacement and then replace / repair at a lower price.

Obviously over time, things need repairing and the landlord would rather someone else pay, such as a student or their parent(s) / guardian(s) than themselves.

Initially what's supposed to happen is that the landlord goes around the property with the lead tenant or joint tenants and writes down all damages everywhere. The lead tenant, joint tenants or someone should then take video and photographs of the entire place. This way the landlord can't claim for something that was already damaged. Also, the landlord can't claim for normal wear and tear.

If the students can show proof that the property was handed back in the same condition as it was originally handed over (including normal wear and tear), then none of this can end up being an issue.

Essentially in your case it's all down to what's in the agreement and the interpretation of the agreement. If it's a standard rental agreement, which it most likely is, then If you've read the agreement then it's probably clear what the agreement is on damages but not necessarily who exactly is going to pay. If someone breaks an item then the tenant(s) should pay for a new 'like' for 'like' item.

Sounds to me like you know the tenants have caused damages but the tenants are disputing either the damages and or the costs for damages. This means the tenants are going to have to pay something.

First of all you have to figure out which tenants are going to pay. Who has the agreement with the landlord, is it the lead tenant or all tenants. If there is a lead tenant, do the other tenants have an agreement [for damages payments] with the lead tenant.

With some students, the parent(s) / guardian(s) are the guarantor for the student so you have to work out who is responsible for the payment of damages.

In your case, first of all you need a break down copy from the landlord of the damages they're claiming and the costs for each damage.

Secondly, (Let's say that you work out that each tenant has to pay an equal share for damages,) then what someone has to do next is write out [a document] stating what damage you're agreeing with the landlord and what you're disputing as damage.

The third thing is that someone has got to work out a reasonable price to repair the damage that you're in agreement with the landlord. Typically this is done by getting 2 quotes from a 3rd party repairer such as a builder. In addition, if you can find the exact item that has been broken in shops or amazon then record 2 prices for broken items and write them down in the document.

Now at least for the damages you're in agreement with, you can compare your reasonable quotes against the landlords and prove whether the landlord is taking the michael out of you or not.

If the landlord is taking the michael then your case is now much stronger as it shows a reasonable person that the landlord likely has intent to commit fraud and at least a part of their claim is false or fraudulent and it's reasonable to presume the rest of the claim (i.e. the damages you're not in agreement with) is also false or fraudulent.

next put at the bottom of the document that if you don't get a response from the landlord within 30 days then they accept that your document is the agreed total damages and the total owed to the landlord. All of the tenants who are liable to pay for damages should sign the document and send it off recorded delivery to the landlord with the 3rd party quotes.

While you're waiting for the reply, you might want to look up how to write out a statutory declaration and write one out. Ideally each liable tenant should write one out and that's what you'd use next to dispute the damages that you don't agree with the landlord about.

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02 Feb 2016 09:44:19
First of all thank you so much for the detailed reply Ed. It seems the landlord has had the repairs carried out months ago and is now charging us for it but we had no chance to receive reasonable quotes. There are some ridiculous charges like 2000pound to paint the house and charging for every bed to be replaced even though one of the rooms was unused? I will have more info on where we stand this evening. Appreciate all your help.

{Ed033's Note - ok

02 Feb 2016 18:54:09
Thought you could appeal with the company which holds the bond.

{Ed033's Note - Yes, that would have to be the next step now, it looks like.

28 Jan 2016 03:10:58
Hello Ed033 or anyone that can help.

A friend of mine has a mental health condition, he's currently looking to move house and has come across a problem.

When being interviewed for the house, he was being asked questions which he didn't expect. He suspects that medical information has been obtained illegally and has no idea what to do next.

I did a quick google search and found that there are circumstances where this is totally legal but it doesn't list them. I was just wondering if you could possibly assist me on this?

Thanks for you help.

{Ed033's Note - i don't know about this and you haven't given enough info for anyone to make a determination.

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28 Jan 2016 17:00:12
Well, I'm just looking to find out what these "special circumstances" which can lead to medical information being obtained without consent are.

If you're unable to answer it's ok. Thanks for your time. ^_^.

{Ed033's Note - i guess someone has put the label(s), "incompetent" and or "lack of capacity" against the 'legal person' of your friend in the, 'best interest' of the 'person' and 'society'.

28 Jan 2016 20:27:03
Ok thanks Ed.

{Ed033's Note - sorry, doesn't really help

20 Jan 2016 14:52:38
Hello ed, my car needed a new part last November and it was under warranty, so I took the car to the garage where I bought it,
Anyway to make a long story short they told me they wouldn't be able to do it until the 20th of January, now the warrant was up on the first of January but they told me at the time it would be alright and they would do it on the 20th, so I took the car to them today and they fixed it but they told me the car wasn't under warranty and I would have to pay, anyway after a while of explaining what I had been told, they were looking at me like u was looking for a freebie,

{Ed033's Note - Yes, well i guess you've learnt a lesson that you need some proof of the verbal agreement you had. A way to of gotten proof of the agreement was after the initial verbal agreement, you should have phoned them up and spoke to the person that you had the verbal agreement with and have the same conversation with them again, making sure the agreement was clear and precise and not vague while recording the phone call.

It's probable that you do not have a witness to the agreement either. The only thing you could do now i think, is go onto the www and see how to write out an appropriate affidavit and send it to them through the post to see if they rebut it. If they don't rebut it, go to the court to swear out a statutory declaration, fill out forms to sue them in small claims court. The court then sends them documents and they have 28 days to agree something with you, otherwise you all go to court.

After they are initially sent the court documents, you phone them up (and speak to someone high up) to tell them you're also going to all the local media about their dishonourable conduct, so do they want to do a deal with you before the 28 days are up.

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20 Jan 2016 18:18:10
Thanks for the reply ed, I am going to write to the head office of the manufacturer of the car and see how I get on there, I think writing is better than emailing them. I spoke to the salesman I bought the car from earlier and he said he would look into it, so I'll see how I go from here.

{Ed033's Note - i think you're looking for an agreement from someone, Leahy12

18 Nov 2015 09:15:59
hi ed, I was wondering if you or other posters can help me, my wife and 2 daughters were scheduled to go to disneyland paris to the highland dancing comp that my eldest was dancing in, since the atrocities of last week, my family will not go, we have phoned the agents that booked it ( take us to the magic), but they will not refund us ( or even let us carry over our booking till next yr, is this legal?, I thought i'd ask for some advice as I honestly can't believe that after all that has happened they would say this, hopefully you or some posters can advise me of my next step, I think its a disgrace tbh.

{Ed033's Note - The first thing to do is to look at the agreement that you have with the other party and see what you think it says. It may say that you can reschedule but you may have to pay a rescheduling fee. In that case the agreement is clear that you can reschedule.

Don't waste anymore time on the phone, write to their office or head office where you live and quote part of the agreement if there is something in it, like rescheduling. if not still write to them about rescheduling. See if you can get some kind of agreement through letters with them.

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18 Nov 2015 12:48:44
it says that if I cancel between 0 -42 days I lose 100%, there's clauses even saying about pandemics, terrorist there will be no refund, surely that can't be legal, its certainly not morally right?

{Ed033's Note - It's a pretty exceptional circumstance and not morally right but that's the agreement you made. However, if part of an agreement is unlawful or illegal, then it's void but it sounds like the agreement is standard stuff and probably is all legal.

The only way to determine whether it is completely legal would be to go to court with it (you might want to do this yourself. It's not too difficult. Go to the court, ask which form, fill out the form, pay the money. Turn up at the court date). You'd probably lose though as it's probably a standard form that has been legally used for years.

If you paid by credit card, then it's unlikely but they may agree that the other party should reschedule or you get a refund as this is an extreme situation. Maybe a phone call to the credit card company may help you. It's most likely though, they will tell you that the credit card is a guaranteed form of payment unless there is fraud involved, so you've paid and the agreement with the other party stands.

i think all you can do is phone and or write to the other party and try to get a reschedule so you're beyond the 42 days and then you're back inside the agreement.

18 Nov 2015 14:00:00
i shall try that, thanks ed, youve been a great help.

{Ed033's Note - ok thanks

23 Oct 2015 19:49:41
Hi Ed any help would be great, in my stupidity I got flashed on the way home from work last night by a gatso camera.
Just wondering if there is much I can do to beat the points/fine.

{Ed033's Note - The simplest way maybe the following:
You've got to make sure they send you paper documents to fill out, so don't do anything by text or internet.
When they send you paperwork to fill out and send back to them i.e. who was the driver [so they can charge the driver], you would fill it out with the correct details but you wouldn't date or sign it.

They will send it back to you to say you forgot to date and sign it. You would wait a week and send it back undated and unsigned. You would repeat that until they gave up.

However, it's possible that they will pretend you signed it and then send you payment request etc. and then you'd pay them and take the points.

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23 Oct 2015 23:22:59
Thanks mate I'll give it a go and cracking job with all the pages I've been a long time reader but keep forgetting passwords to post haha, went for a simple name and password this time so hopefully not forget.

{Ed033's Note - thanks, good luck

29 Nov 2015 20:54:34
Hi Ed little update, no ticket through yet so think I'm in the clear?
Guys at work say they have a max 14 days to contact about the gatso ticket.

{Ed033's Note - ok, cool.

21 Sep 2015 22:59:10
Hi ed. Question for the law page. Regarding bailiffs and parking tickets. To cut a long story short about 8 months ago I contested a parking ticket I received of £25 for parking in a loading area even though it was at the back of my wife's shop (and I was unloading but took around 10 mins and car was observed for that time and warden had just issued ticket as I returned to my car). I received an email saying that the ticket still stands about a week later and I forgot about it due to having a post box and wife ill for over a year now and not being on top of my opening of endless post.

Anyway parking charge jumped to £105 then £390 today which was paid due to a bailiffs charge. I'm in the dog house now for a few days and justified but my question is was I in a position to contest the bailiff coming to my property at and the charges they submit for a visit? Obviously I know I should have dealt with it sooner but wondered if I was in a position to palm them off? You've posted forms in the past and wondered if they would have carried any weight in this scenario?

{Ed033's Note - There's several things going on here and we don't get taught anything that's correct on this type of subject from friends, parents, schooling or mainstream media. But we have heard about bailiffs breaking down doors and seen police on the T.V. breaking down doors.

The first thing everyone needs to know is that as soon as somebody or some company wants money off you, you have to ask yourself:

1. Is it a con? If it is, you either ignore them or report them.

2. Is it unenforceable? e.g. if you park in a pay and display car park and it costs £2 for 1 hour and you overstay by 15 minutes and you get a piece of paper on your dashboard saying you owe £85, then that is unenforceable, simply because the agreement is £2 for 1 hour and therefore can only be £2.50 for 1 hour and 15 minutes. You owe them 50p not £85. The £85 is an offer not a fine. The £85 can be ignored. If it is unenforceable, it can be ignored.

3. is it enforceable or
4. you don't know whether it is any of the above, then you would immediately write an appropriate letter to whoever is asking for the money or you pay them if you think the amount of effort you’ll have to put in, in order to not have to pay them is more than they want.

And that’s the exact reason for charging £25, so most people just pay because the time and effort needed to contest it, is more than the £25, they want.

The second thing everyone needs to know is that even though their system is corrupt, it’s supposed to work as a honour / dishonour system, whereby you must stay in honour in any kind of dealings with their system. You don’t want to fall into dishonour, otherwise their system thinks this is so bad that out of the ordinary ‘charges’ are then justifiable.

Ignoring the other party is considered dishonourable in their system. Typically you have a month to reply or start some kind of communication with the other party. But the communication needs to be appropriate as causing controversy (refusing, disputing) is considered dishonourable. A conditional acceptance is honourable. i.e., i’ll pay you, IF you can verify i owe you money.

The third thing everyone needs to know is that virtually everyone/company calling themselves ‘bailiffs’ are actually private debt collectors. If you haven’t even been to court in a court house, then you know 100%, you’re dealing with a private debt collector. The only way £25 can become £390 is in a court, in a court house, otherwise it’s an offer.

The fourth thing everyone needs to know is that private debt collectors (even if they’re calling themselves ‘bailiffs’).
1. require a license to come round to your property. Most debt collectors don’t have this license so even though they may say they’re going to go to your house, they won’t.

2. If private debt collectors do come round to your house and you don’t pay them, they aren’t allowed to break into your property, they require your consent to come in, look round at your stuff, write down what stuff they want to take and you have to sign. So obviously don’t let private deb collectors into your property.

3. private debt collectors know that the money is an offer so if you place a ‘Notice of removal of Implied Right of Access’ that contains a fee Schedule of £5000 for trespass, somewhere in front of your property, such as on the front door, then the private debt collector may not even knock on your door as they will then lawfully owe you £5000 for trespass. So instead of coming round your property, they’d write to you instead.

So to conclude, in your case, if a real court order was issued saying you must pay £390 [because of your dishonour in ignoring the other party], then ideally it would be easier to pay it but if a private debt collector is saying you owe £390, then there was no requirement to pay and they may have given up after a while with several appropriately written letters to them.

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23 Sep 2015 14:08:11
Thanks very much ed.

{Ed033's Note - ok thanks

15 Apr 2016 13:24:30
Very good information well worth the read
And goes to show you allways need to look into all the details from what is said and by who.

18 Aug 2015 22:28:20
Hi ed could do with some help here. Basically I had my tv repaired through my extended warranty I purchased. The repairer brought the tv back but they had damaged it. The screen. I contacted the warranty firm domestic and general who advised me to contact the service agent they arranged to do the repair which I did. I sent them an email with photos which in due course they replied to. They collected the tv which they damaged whilst repairing and have since written off due to uneconomic repair. D and g have since advised of product replacement of which I am happy with. After speaking with them they also have advised me I am due compensation from repairer for said tv via their public liability insurance. My question is how do I go about claiming due compensation correctly? Am I correct in thinking I make them aware of compensation amount I am after as set by the price of the replacement tv d and g have seen fit as a replacement but also damages of time taken off work in lost labour in dealing with the situation. Lost warranty etc.

{Ed033's Note - The way the legal system is supposed to work in this case is that everything is supposed to be put right so that it's as though the TV damage didn't occur. That means you should itemise everything that caused you financial loss because of the damage.

Some things can be quantified perfectly and other things are more subjective and therefore being subjective, they must appear reasonable.

So what you could do is contact the repairer (speak to the owner or someone high up) and tell them you're willing to negotiate an amount with them so you don't have to claim against their public liability insurance.

If they don't want to negotiate a price then phone up a solicitor with a freephone number who deals on a no-win no-fee basis (look online) and ask them what they can do for you. You can shop around and also go into your local solicitors (if you want to) and see what they have to say.

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22 May 2015 16:54:51
Hi all first off I love the site! Any views on my situation would be much appreciated.
So long story short, over the passed week or so I received a letter from a debt collectors claiming I owe them just over £200 as they are collecting council tax on behalf of the council.
However I had a letter from the council come through today stating that I can't pay by installments any more and have petitioned for a summary warrant against me etc.
It then says to avoid my account being passed to the collectors to contact them (number is forever busy).
The problem being though the debt collecters letter is dated well before the council letter threatening to pass it on.
How can this be the case? As far as I can tell I am about to be charged twice and seeing as I am on jobseekers allowance I will be financially crippled due to this.

{Ed033's Note - Hi, the easiest thing to do if possible would be to contact the council immediately and tell them you want to pay them the £200 now. Pay it and get a receipt from the council for payment and then tell the debt collectors you've already paid and you have a receipt to prove it. The question is whether you can get £200 immediately.

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23 May 2015 13:46:16
Thanks for the reply ed, yeah I'm going to try and come up with it somehow. I will be explaining the situation to the council first thing on Monday and see what they say anyhow.

{Ed033's Note - the problem is, if you try anything different, then unless you have a lot of knowledge of what happens, when you try anything different to what i've said, you risk making things a lot worse. You can mess around with debt collectors but at the moment don't mess with council tax is what i'm saying.

14 Jul 2015 12:38:59
If you can speak to someone at the council there are a few things you can do.

You said the council won't accept payments in installments- this is enforced if you have missed a payment + payment reminder grace period.

Councils may still accept installments, but it is discretionary so don't rely on that.

How long have you been claiming JSA? Are you paying a reduced council tax rate already- if not this is worth bringing up.

You can also ask the council to deduct money owed from future JSA installments.

Good luck!

16 Apr 2015 15:04:03
Hi ed I was wondering if you had any advice, I got insurance with a company and they're was nothing about cancellation fees said although me being 18 and naive I didn't read the terms and conditions. So when I tried to cancel the policy I had to go through a different company to cancel it at a 395 fee or they'll take me court but I haven't signed any contract agreement with them just with the first company that insured my car I was wondering if you had any advice on how to not or lower the fee? Any help would be appreciated

{Ed033's Note - Sorry for the delay in responding, Ryan. Normally a charge like this is £35 maximum from a company to cancel. This seems extremely excessive. From now on none of us should be signing up to anything through the www. We should still get a paper agreement or contract and ask in writing for full disclosure because you want to carry out due diligence. Then as soon as you receive it either put a line through or a box around anything you don't agree with or alter something you’re not happy with. Then you copy it get a witness to the fact you altered it and send it back to the company with a letter saying they have 7 or 10 or 14 days to agree or it’s agreed like they did to you (also add a fee schedule of your own to the letter like they did to you).


As far as this issue of 395 is concerned, there are 3 options i see at the moment.

1. Ignore them. They will either sell to a debt collection agency (then you would send the debt collection letter previously posted on this web site to the debt collector and after a while the debt collector will stop asking for any money) or they’ll take you to court. If you do get taken to court you’ll lose but if you turn up and say you’re non competent in legal matters but while doing some due diligence there was no 395 amount to cancel in any offer document and this big company is extorting you with this excessive amount and ask them to prove this other company was part of the original agreement (you could win if this other company can’t prove it’s part of the original agreement). the magistrate might lower this amount as being too excessive. Whether the 395 is lowered or not, you could tell or write down on their forms to the magistrate that after your monthly income and outgoings there is only £1 left, the court can only order you to pay £1 a month or some low amount per month.

2. Write to them and attempt to negotiate and lower more reasonable figure as you don’t have this kind of money. If they don’t budge, you set up standing order to pay them £1 a month or ideally as low as possible per week. You’re paying them so how can they take you to court.

3. Write to them and ask them to prove the claim that you owe them 395 and that they're part of the original agreement. Ask them to prove 395 is reasonable. Add in your fee schedule which states similar things to the fee schedule in the debt collectors letter/notice. i.e. How much do they owe you if their claim is false. How much do they owe you for harassing you for money you don't owe. Ask them to respond within 10 days otherwise they're in agreement with you that their claim is false and now they owe you money for their false claim as per the fee schedule.

Also learn how to take companies to court yourself. They've made it easy enough for non competent (in legal matters) to do it. Just let the paperwork do the 'talking' for you, as when non competent (in legal matters) people start talking in court, the more they say, the worse their outcome is.

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20 Apr 2015 04:03:16
Cheers that was a great help after arguing on the phone for what seemed days they have dropped the charge to 52 pound which I was satisfied with thank you very much for your help, it's a lesson learned I can tell you that much!

{Ed033's Note - None of us should spend more than 1 short phone call with a company. If it can't be dealt with quickly with one short phone call, then you write to them with your fee schedule for harming you if they don't immediately get it sorted.

This way there is no doubt that they are harming you and you are telling them how much they're harming you and what they are required to do to stop harming you.

If it does go to court, this fee schedule can be used to show you communicated with the company, you told them how much they were harming you and it gives the magistrate an idea of how much in damages you would like. (doesn't mean the magistrate will award you the amount in your fee schedule though)

22 Apr 2015 11:58:36
Ed could you attach that debt/fee schedule to the top of this page somehow, it would be very helpful.
Much appreciated.

{Ed033's Note - ok done

31 Mar 2015 12:36:22
Ed. not a conspiracy question although it is a bit of a family conspiracy. My wife's auntie was executor for her grandads will. No one really got to see the will as they weren't interested in the time and we're lead to believe that he had nothing left apart from a couple of thousand pounds, a military pension and enough to cover funeral. He did however according to a couple of people vaguely have an endowment policy from a long time ago. A few years have passed since he died and last year (or before) the auntie in charge of the will has come into quite a bit of money. She says it is due to reclaimed ppi yet it amounts to at least £80k - £100k which is definately not ppi. And given the fact she was in debt by at least £20k anyway it is all very suspicious. Do you know of a search or something that would show if he had an endowment and if or what would have been paid out if any?

{Ed033's Note - i don't know of any search for this.

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14 Jul 2015 11:55:23
As a starting point I would ask the aunt in question to provide you with a copy of the will, evidence of its signatories and their contact details.


If probate has been granted, you're in luck=

probatesearch.service.gov.uk

30 Mar 2015 21:02:54
I was wondering if you could help.

My dad died in 2009. He lived away from me and I was his only child. I visited every year and frequently sent letters etc.

His family I.e. his sisters etc didn't know I existed until he died. My dad had quite a bit of money but didn't flaunt it if you know what I mean. I was told he didn't leave a Will and had nothing to his name. He told his friend before he died that I would "be taken care of" or "looked after" in terms of money when he died.

I know he had up to 6 different bank accounts. I also know that my dad didn't get on with his sister. Is there anything I could do to investigate this? Any help would be appreciated. Have I left it too late? Is there a Will for me but they can't contact me because i'm not on the electoral register? I have no idea.

{Ed033's Note - Maybe you could check with his solicitor to see whether a Will was made. If you would "be taken care of" or "looked after", then you should be named in the Will.

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30 Mar 2015 20:43:31
Thanks for the reply ed033. How would I go about doing that?

{Ed033's Note -
1) Contact other relatives of his and people who knew him
2) Contact the central Probate Registry
3) Contact the banks he may of had an account with
4) Contact solicitors he may of had any dealings with
5) If he had a mortgage try to find out if they know where they sent the deeds to.

26 Jan 2015 21:45:30
I am due to have a child with my partner in late June of this year and am determined not to get my child registered at birth, my partner is semi-cooperative about this as she does understand most of what is going on.

Her issues is how will my child not suffer long term because of this decision IE: Getting a bank account a job, registering at a doctors etc etc. And I have no factional reply to her, I have heard of remedies where a doctor is asked to sign an affidavit swearing to the childs existence but not sure whether this would carry any weight or not?

Any help would be muchly appreciated.

{Ed033's Note - Congratulations on the baby. The way i see it is after your boy/girl is 16 then they can make their own decisions and it doesn't matter if they get themselves within the system if they want to. To get most jobs, you require a NI number so this could be obtained at 16 years of age. Also you don't require a bank account before 16 either. So for me, anything after 16 is not a problem.

Before 16, yes you're going to require one or more affidavit. i know that Michael Of Bernicia didn't register his baby and used affidavits from other people to prove the existence of the baby. He even managed to obtain a passport for the baby using affidavits. What Michael Of Bernicia also found is that they want to send round a midwife from time to time to check the baby is ok.

So if you could get an affidavit from a doctor and or midwife, this carries a huge amount of weight. Plus you have family, friends that could also swear out affidavits if required to start school.

I think you won't be able to get child benefits though. In addition, i wouldn't use the words parent or child when communicating with others outside of friends and family as in their system they use parent and child as entities that are part of their system. Mother/father/boy/girl/daughter/son are the words to use.

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Thank you for your swift response, Ed.

It was Michael Of Bernicia where I first heard about the method of using Avidavits. (Although I have heard numerous people claim to have done it on videos/documentaries, Michael is the only one I can find who made his documentation available online to back him up)
I have also made contact with him and he assured me of their validity.

I was just hoping there was another source, or someone on here who had done it themselves. Just a tiny bit more clarification for her and the families sake rather than mine.

I was going on the rough basis of If you could get as far as Michael did in regards to getting a passport, then that's pretty much all you'd need until they were 16. Once you'd gotten it, that would be their i'd for anything they possibly needed and could then easily be renewed.

From my understanding the vast majority of this is about consistency, if you stick with the same GP, dentist etc and explain initially, eventually they will treated exactly the same as the others as opposed to keep moving around and re-explaining.

I think a midwife if willing would be the IDEAL candidate, we are planning a home birth, so there will be visits from midwives, I had no issue with this, if keeps everybody happy.

Thanks again for all your help!

{Ed033's Note - ok, thanks for showing your courage and good luck. You're lucky to have such an understanding partner.

Don't be offended but in my history working for social services, this is a technique used by people who want exist as distributors of material, involving a ghost child. If the cops get a wind of your choice, social will be down your necks.

{Ed033's Note - We're talking about in the United Kingdom here though.

23 Jan 2015 10:45:45
Hi Ed033

I too have been having some issues with debt collection agencies

I'm not looking to completely get out of it (I understand I made mistakes in borrowing which I couldn't afford to pay back). It started off small, and then with the repayments, I fell behind and I found myself borrowing to cover other loans. You get the picture

I have a company calling and apparently hand delivering letters to my mums address (where I don't live anymore). I have been ignoring calls etc from these companies as quite frankly I haven't had a clue what to do, and I suppose I was just hoping it would all just 'disappear'

I'm not in a position where I can pay back the thousands of pounds these companies are after, and was wondering if there was any advice you could offer. (I have read the conversation with Zari).

Any reply would be greatly appreciated, and a major help, if there is any advice you could give.

{Ed033's Note - If this is unsecured debt, you send the debt collector letter 1 (see an above post). They must then send you back what you requested otherwise the alleged debt doesn't exist now. They cannot send you what you asked for so they can only keep asking for some money from you. When they write back, you send them letter 2. They typically write about 5 more times before giving up or sell the non debt on to someone else. Don't speak to them over the phone but if they keep phoning, you play a game with them by repeatedly telling the person they want to speak to is just coming if they hold on another minute. Obviously they stop calling when they know you're wasting their time.

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Thanks Ed, I know I've put myself in this situation. Will they not continue to try and get this through other ways (I. E through a court settlement?) I was thinking about just going with a debt charity to set up a debt management plan. Just unsure about the pros and cons of each way.

Thanks for your time. I know you can't have a lot of it after all of updates these sites are going through

{Ed033's Note - If you own property outright then don't try anything that i suggested before. If you own nothing then there's nothing they can take from you.

If you want to pay them, why not set up a standing order with a bank account you have where you pay the debt collector £5 a month? They might ask you for more but you say you can't pay anymore at the moment.

Ed33, I don't own anything. I moved out of parents July 2014. I live in roomshare, nothing owned in my name.

If I wrote to all parties I owed money to, and offered 5 pound a month, as an example. (this may sound silly. )but would they be obliged to accept my offer or try to press court charges etc

{Ed033's Note - If it's multiple parties then you're supposed to pay on a pro-rata basis meaning if you have £20 per month you can give to them all, then as an example if you owed:
debt collector a: £10000 you would pay them £10 per month
debt collector b: £5000 you would pay them £5 per month
debt collector c: £2500 you would pay them £2.50 per month
debt collector d: £2500 you would pay them £2.50 per month

They have to accept whatever you can pay and they cannot argue with the amount if it's on a pro rata basis and they cannot under any circumstances take you to court if you continue to pay them monthly. If you want to, go to the Citizens Advice Bureau and they contact the debt collectors on your behalf.

If you did go to court then this is the exact process that would be used. They would ask you for income and expenditure and whatever is left, they would 'order' you to pay the debt collectors on a pro rata basis.

What you don't realise is that you are already in 'court' with the debt collectors but you've been ignoring them which is obviously dishonourable. If someone comes up to you on the street and says you owe them money (you're suddenly in 'court' with them), you'd ask them to prove/verify it, you wouldn't ignore them. When they can't prove/verify you owe them anything, you don't offer them a monthly amount!

An honourable way to seek remedy with the debt collectors is to ask to them, prove/verify i owe you money. This is what letter 1 above does. They cannot prove you owe them anything and it's unlikely they will take you to court because in court, you're probably going to show that they couldn't prove you owe them.

And even in the highly unlikely event they did take you to court and they won, then all that would happen is that you'd be asked how much you can pay each month and then you'd be 'ordered' to pay the debt collectors the small amount each month on a pro rata basis.

14 Jul 2015 12:20:57
With debt values people forget to separate the sum owed and the interest accrued.

If you are planning on starting the pro-rata payments (which however nominal I suggest would be a good idea), make it clear in the letters to the creditors that your pro rata payments are to cover the sum borrowed + a generous allowance for inflation (3% won't kill you and won't ever be deemed undervalue).

This is important because in many cases where a debtor cannot afford to pay back the sums, courts may remove or greatly reduce the fees paid for excessive interest/administration fees by the agencies etc.

What this will avoid happening is 1 year down the line finding out that you have paid £££s back but they only covered the interest owed, while at the same time the original amount owed is still outstanding and generating a whole new debt interest.

22 Jan 2015 16:25:48
Hey Ed033, most of the files I had on the lawful vs legal argument have been corrupted and are thus unusable. In an act of synergy this so happens right at the time I need them. I need your opinion on some matters, while unconditionally accepting the disclaimer at the top of this page in regards to the site's contents, the contents of this post and the contents of any response I may receive.

I have received a summons to court in which they will be trying to enforce a court decision, that was reached in my absence. The matter involves a debt incurred through purportedly a loan. This "loan" was issued to a person which has sense then filled for bankruptcy. As a guarantor (oh the silliness of youth) along with two other people, we have been ordered to pay this debt.

Burring my head in shame, I never got through with actually filing my affidavits in the public record, establishing I as the general executor, general beneficiary and general guardian of the legal person of my name. With Dean Clifford getting kidnapped I decided to wait. Evidently, mistake number two.

In this current condition the best course of action for me to follow would be, as I understand it:

1)Reject and return the summon. File copy of rejection in public record.
2)File affidavit establishing my claim in regards to the strawman.
3)Contact the bank, requesting confirmation of whether this was a loan or credit facilitation services.
4)Contact the bank, stating that monthly payments will be made in a show of good will. (once they have responded to the first question?)
5)Enter an affidavit in the public record, stating that the bank has never contacted me to resolve this matter and has itself chosen to escalate this matter in court.

Is it too late for some of these steps as the court decision has already been issued?
From my understanding the only way for them to make decisions concerning me in my absence, is to have used legal fiction and established themselves as executor and beneficiaries of the legal person. Is the court decision reversible once I question their actions and their role, and clearly establish mine?
zari

{Ed033's Note - If this is a secured loan then it was always going to be difficult but if this is an unsecured loan then you have made a multitude of bad mistakes.

It may indeed to be too late.

i don't know anything of this situation so i'll have to guess:

i see 2 possible immediate actions you can take because court is only as a last resort if the parties can't agree amongst themselves.

1. If you have the ability to, send the other party a small amount direct into their bank account and then write to the other party saying, to show your good faith, you have already sent them some money and ask them to show good faith by verifying their claim against you. Tell them that if they can verify their claim, then you will honour the claim and discharge the debt to the best of your financial ability. Also include a cheque to show more good faith.

2. Write to the court (to the ‘judge’ of the up coming case) and say the following:
Greetings, i, a man require of you to drop the case because there has been a mistake as a secret hearing took place (give the details) about me without my knowledge and without a cause of action which has led to this new hearing. Also, i, a man require the case to be dropped as i am still discussing remedy with the other party and i have already sent money to the other party to remove controversy.

What you're looking for is a response from either the claimant or the 'court' which stops the up coming hearing. You require a response to know what to do next.

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{Ed033's Note - Zari, you can also send the summons back with "addressee deceased, return To sender" over the envelope's address window

Thank you for taking the time to reply Ed033. Also, thank you for the speedy response.

It is an unsecured loan, which I should of mentioned. Also, I did not receive the summons. They threw it under the door at my mother's house, after she informed them that she cannot receive documents for other people and shut the door.

I will keep you informed on how this situation evolves.

This might be too much to ask, but could you guide me through my mistakes in regards to handling this? Or the procedure I should have followed to begin with?
If you require more information please ask and I'll be as transparent I can be. It may be of use to me again in the near future seeing as the crucifictions have began here.

For all the reading I've done on legalese, I'm still at the abcs.

Also, by writing addressee deceased would I be implying improper deposit for receipt of mail, which would translate to me being afforded time to properly deal with this.
Or something more drastic such as civil death and the government assuming liability for the legal person?
Forgive my ignorance.
zari

{Ed033's Note - Throwing a summons under the door is the actions of private debt collectors (who wrongly call themselves bailiffs).
Have private debt collectors bought the debt and are claiming collection on behalf of the bank?

If so, you should have sent them immediately after they first wrote to you: - Letter 1 to debt collector

When they wrote back, fill in as appropriate and sent them Letter 2 to debt collector

Debt collectors typically write back a further 5 times before giving up or passing/selling the alleged debt on.

When they write back, you can either ignore them or send them letter 2 with an updated invoice amount.

It would be good to go into the court with ID and tell them you don't want any advice just to know who's signature appears on the Summons and ask for info on the previous secret court hearing about you that apparently took place without you being informed or invited.

It's also important to tell the person you speak to in the court that you want to swear out a Statutory Declaration under Section 142 of the Magistrates Court Act 1980. You can swear out point 5 in your initial post i.e. stating that the bank has never contacted you to remedy this matter and has itself chosen to escalate this matter to court without your knowledge or invitation. You swear it before a justice of the peace or equivalent. The Statutory Declaration is used to void the original hearing you didn't know about and weren't invited to so that the hearing can be re-listed and you can attend it. It doesn't matter if the court say they're too busy to do the Statutory Declaration as you can go to any solicitors office and swear it out for a small fee.

It's also probable that the next court hearing is a final summary just to say you have lost and pay up. You need to know whether you can enter a counter claim or not.

If you wanted to, you could scan or take a photo of the documents that have been sent to you. You could place a blank piece of paper over the areas you don't want me to see. Then use photo editing software to scale the image size down and upload them using the picture upload form so i can see them and have a better idea of what is going on.

The idea of writing addressee deceased is firstly they are writing to a dead entity not you the live being anyway but it's an attempt to at least postpone the next hearing. As you may need to figure out exactly what's going on first

Unfortunately Ed033, we may have the same legal system but it's in a different language. That is why it takes me so long to grasp legal matters, I have to translate everything and locate the corresponding statutes.

I don't think it's a collection agency Ed033. The plaintiff on the documents is the bank itself. How would I know for sure?

I do know that the summons is not signed by a judge but by a court clerk. When I inquired about this I was told the law was changed not long ago to allow this, which sounds like bs. If it indeed was bs, then it would mean that this is an internal tribunal and they want me to appear as a public servant.

I will move forward with the statutory declaration and the other two suggestions from the previous post 1)payment of good will and letter to bank and 2)contacting the court.

Listen to this for a company policy. Because there is a law that states that people cannot be jailed for debts here, they get court orders against them, wait for them to miss a payment and throw them in jail for not understanding the court order.
zari

{Ed033's Note - There's nothing stopping you doing what you think is right but the 'court' level you're at (i.e. statutory court) can't 'see' Affidavits, they can only 'see' Statutory Declarations.

If the plaintiff is called 'xxx bank', then if you end up going to the next hearing, then you will need to put some paperwork into the court file and then check just before the hearing that the paperwork you filed is still part of the case.

The paper work could take 1 or 2 forms imo. In UK i'd go for no.2 i.e. Karl Lentz method:

1.) The paperwork would want to: a.) ask what is the cause of action? b.) ask where's the controversy now you've discharged some of the debt? c.) Say you're being honourable by trying to reach a remedy with the plaintiff, while they are being dishonourable by not attempting to reach a remedy with you. d.) require the plaintiff to prove they lent you money rather than performed credit facilitation services.

2.) The paperwork would want to contain something like:
i, a man require the plaintiff appear in court to speak in living voice to verify their claim against me. i offer remedy to the plaintiff’s verified claim.

So in theory if the plaintiff ('xxx bank') does not appear then no plaintiff = no case. Obviously 'xxx bank' cannot appear and speak in living voice.

Hey Ed033, short follow up question.
If the person that took out the debt send them a payment, they would have no standing to prosecute me since the loan is serviceable, correct?
That way I would have some time before they come at me again to properly resolve the matter.
zari

{Ed033's Note - Typically in their system, after 6 months of being in dishonour of not communicating/no payments you'd fall into 'default'. What that means is that even if you then attempt to get back into honour by communicating/making payments the bank can decide it's too late as you're in 'default' / estoppel.

It's definitely worth attempting it though and it's definitely worth them and / or you contacting the bank to see whether you can still reach some remedy with them especially after a payment has been made to them.

Hi Ed, I know you've posted a couple of times about debt collection forms for personal use but would they apply for a Business that operates as a "sole trader"? Recently took over another business 3 months ago and I've not notified a well known "british" gas & electricity company that I'm the new occupier.

Buried my head in the sand a bit but they've sent a bill for the new owner (me but using just the shops name on the title). They have charged me over double the usual amount so what should have probably been around 1.2K is now about 2.6+k!

I've dealt with them before and I know they make it hard for you to switch without immediate payment (although that was as a limited co before), as I understand it there is a way of switching supplier due to some law or regulation that takes away the old cutting the supply off scenario.

One of the reasons I've let it slide slightly is because my wife has got very ill about 2 months ago that has just taken over everything. We are both late 30's and never get ill but just for the record she's been diagnosed as having potentially a small blood clot and inter-cranial hyper tension which is like increased pressure and fluid which is behind her eye's and affecting her eye's also.

I appreciate it's more of a business question so you might be unable to help but any advice would be appreciated. really struggling to deal with it at the moment.

{Ed033's Note - if you could switch supplier, then the current supplier would probably sell the 'debt' to a debt collector and then you could use the forms and see what happens.

i would imagine that if you continue to ignore them, they would get hold of an 'order' some how that might look like a court order and then they'd get someone to either cut off the supply or install a 'pay up front' meter and they'd charge you for the 'order' and any 'work' carried out and you'd have to pay more for each KW/h from then on as well as well as the 2.6+k.

So if you can't switch then you'd have to write to them and try to get an agreement with them to lower the 2.6+k. If this is your option, then you might want to pay them a small good faith payment of £1 or £5 or whatever you feel like, and tell them in the letter you write to them that you have made a good faith payment to remove any controversy that you are refusing to pay.

The letter itself would be asking them to breakdown and prove/verify the 2.6+k, as they have to prove they made a loss if they're charging you extra.

If you like, you can continue to pay them the small good faith payment either weekly or monthly as writing back and forth can take time.

If you think there is something fraudulent about the 2.6+k, then you have a claim against them (which you should write to them and say so and start telling them how much they owe you for harassing you for a fraudulent amount) and you and them are going to have to come to some agreement one way or another.

It's obviously best if you could figure out how to switch.

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I hope your wife is ok mate and gets better soon.

Frankyscouse

I'm pretty sure that if you didn't agree to the tariffs they can't stop you moving your supply. So, if the tariff/contract you are on was agreed by the previous owners there's nothing they can do to stop you. If you're on deemed rates and you didn't agree to the company supplying you, you can move too.

01 Nov 2014 17:07:35
Eds one for the legal page.

My mum knows this elderly lady who lived alone in a bungalow. She has been in and out of hospital a lot. Recently she was in again and one day my mum went round to see to her cat as she was in hospital but the house was locked, empty and no one around. She went to see social services to find out what had happened.

All social services would admit to is that she has been rehoused into a care home but refused to admit which one as mum is not next of kin. I've advised mum to go see the old ladies solicitors to see what they know as to me its odd that she just disappeared and now social services won't acknowledge what they've done with both her and the bungalow's contents.

I understand any advice offered on this page does not constitute legal fact etc but just curious as to what actually should be done here.

{Ed033's Note - Sounds to me like a medical doctor has decided 1 of 2 things:
1. A stay of 1 month in a care home to see whether the elderly lady can actually still look after herself. Followed by the council possibly providing a care package if the elderly lady is allowed home.

2. That the elderly lady doesn't have the capacity to look after herself anymore so shouldn't live alone any longer. (by what you said this is the most likely)

With number 2, the elderly lady may have consented to being rehoused into a care home after being talked to by medical personnel.

There is also a possibility that the medical doctor/next of kin may have decided the elderly lady doesn't have the mental capacity to make this decision and so between them made the decision for the elderly lady being rehoused into a care home.

Anything other than what i have said above would be weird.

To find out what's happened, someone could contact the elderly lady's solicitor or next of kin.

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Can you explain the difference between lawful and legal please Ed?

Thanks

{Ed033's Note - Legal = in compliance with government legislation. Here is an example.

Ever wondered why, if you have the right to silence, how you can be arrested by a policeman under the P.A.C.E. Act for not telling the policemen your name, and then immediately after the arrest, the policeman tells you that you have the right to silence?

A man, working in the capacity of a LEGAL policy officer comes up to you and assumes you are a LEGAL person (working as part of government and therefore subject to government LEGAL legislation) and asks for your name under the LEGAL P.A.C.E. Act.

You as a man tell the LEGAL policy officer that you have LAWFUL excuse as to why the LEGAL P.A.C.E. Act doesn't apply to you, which is, you're a man with all his LAWFUL rights intact and not a LEGAL person (working as part of government) so you have a LAWFUL right to silence.

The LEGAL policy officer then UNLAWFULLY arrests you (a man) by wrongly assuming on purpose that you are a LEGAL person.

Once arrested, you cannot be a LEGAL person (working as part of government) because you're under arrest (and no longer working as part of government) so this man who was working in the capacity of a LEGAL policy officer, now switches to working in the capacity of Constable and then tells you, the man, that you have the [LAWFUL] right to silence.

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19 Oct 2014 06:03:16
Eds as your whizzes, what's my rights regards my neighbours playing music all night from 10pm to 6am? What can I do?

{Ed033's Note - Assuming your neighbour is doing this frequently, the first thing to do is phone up your local council and hopefully you can get to speak to the noise abatement officer (or similar person).

You would have to convince them that this is serious, that it is happening frequently and it is loud enough to stop you/people living with you from sleeping.

Remember the council has a duty of care and obligation to help you in this matter. They may give you a number to call when the neighbour plays the loud music and then come round to monitor the noise level by some means and then if the noise level is above their maximum allowed noise level, they would send a warning letter to the neighbour.

if the neighbour does not comply to the warning letter, then the council would get a court order to remove the sound equipment.

If phoning the council doesn't get you anywhere, you would have to write to you council instead. The council must help you if you convince them it is serious.

Also from now on, you should keep a record (as evidence) of when the neighbour plays the music loud, take recordings of the loud music and speak to other neighbours to see if the noise is a nuisance to them as they can be signed witnesses to the nuisance if in your opinion the council fail.

If in a worse case scenario where in your opinion the council fail to do enough, you would then use your evidence to get a court order of your own but for thetime being, you should go down the council option road.

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