Red Pill
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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.
23 Sep 2015 14:08:11
Thanks very much ed.
{Ed033's Note - ok thanks
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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.
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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.
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.
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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!
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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.
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)
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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
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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.
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
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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.
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.
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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.
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.
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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.
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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.
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.
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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.
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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.
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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.
{Ed033's Note - Zari, you can also send the summons back with "addressee deceased, return To sender" over the envelope's address window
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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: -Â
Letter 1 to debt collector
When they wrote back, fill in as appropriate and sent themÂ
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
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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.
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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.
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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.
I hope your wife is ok mate and gets better soon.
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Frankyscouse
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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.
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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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