Getting your money

[bwglaw]

Originally Posted by kirk

thanks for the info. i feel you have explained to me more in some postings than my solicitor over the lasst few months. i am trying to make a last ditch effort to get the case heard in my local court. i have called hull and they advise i can just send a letter but i have sent one before with 2 doctors letters advising i cant travell and it fell obviously on deaf ears. i suffer from progresive arthritis and find it vewry hard to travell.. is there any tips you have etc ! to help the letter along ! cheers kirk

I have sued Peterborough County Court when they failed and refused to comply with a duty to make reasonable adjustments under the Disability Discrimination Act 1995. They refused to provide a Sign Language Interpreter. I was successful on that claim.

You need to write to the Court Manager and point out that you have a disability/long-term condition that makes it difficult for you to travel to the Court. Reasonable adjustments in these circumstances would be to transfer the case to your local Court and/or to pay for a taxi to transport you.

If they refuse to make reasonable adjustments then contact me and I will look into it. The Court Service knows me too well now!

Jonathan

[kirk]

well just getting my applicationnotice off to hull county court.stating the disabillity act etc etc. is it worth mentioning that i still consider the car mine and that a crime may have been commited in sunderland ! i did inform the local police to the bounced cheques or is it not worth mentioning ? also they say i may get the fee of £65 reduced if iam on a low wage..! it asks about savings is there a limit on savings before i may get reduced court fees.. many thanks

[Mark J Bateman]

When we were quiet about six months ago - I got in the car and visited most of the people we had put in court

I explained to them that I was hurt that they had decdided not to pay and I got about 75% of the money back

If anyone needs help like this I would be more than willing to do it - it is done in a professional manner and not pushy at all - but it is embarrassing for some companies who just want to get rid of you - if anyone would like to discuss this with me please amil me - markmrtax@tiscali.co.uk

I would not expect anything unless collection was made

[Mark J Bateman]

Originally Posted by Soup Dragon

It seems like an impossible task to get a rightful payment from a debtor. The small claims court is a farce, the bailiff is less than useless and unless you already have reams of information on the debtor beforehand, you may as well kiss goodbye to your debt.

What is the point of legal system that has no teeth?

I have a string of judgements in our favour but no payments because they don't want to pay or the bailiff can't gain access or they just don't answer any calls etc - WHAT? There should be ways to make people pay who clearly have the means. Arghhhh

yes I am frustrated today

Did you read my last thread, how many have you and what is the total amount ?

[Mark J Bateman]

Originally Posted by kirk

thanks for the info. i feel you have explained to me more in some postings than my solicitor over the lasst few months. i am trying to make a last ditch effort to get the case heard in my local court. i have called hull and they advise i can just send a letter but i have sent one before with 2 doctors letters advising i cant travell and it fell obviously on deaf ears. i suffer from progresive arthritis and find it vewry hard to travell.. is there any tips you have etc ! to help the letter along ! cheers kirk

This may not be the best advice but I had something very similar with Blackhorse Finance

I wrote evrything down like you do and send it into the court - send it recorded delivery and most of the time they see common sence - I didnt have a solicitor and their agent tried to get me to agree to all sorts of things before we went into court

These so called ambulance chaers who pray on kind and trusting people are not good when the facts are in writing in court

When I went in I was just myself and the judge said it was very messy but common sence prevailed and I won

[HaRRo]

Originally Posted by Mark J Bateman

This may not be the best advice but I had something very similar with Blackhorse Finance

I wrote evrything down like you do and send it into the court - send it recorded delivery and most of the time they see common sence - I didnt have a solicitor and their agent tried to get me to agree to all sorts of things before we went into court

These so called ambulance chaers who pray on kind and trusting people are not good when the facts are in writing in court

When I went in I was just myself and the judge said it was very messy but common sence prevailed and I won

Great advice

[bwglaw]

Not all claims are simple Mark. A word of caution, if you go round to debtors demanding money then you risk the creditor's position with a claim for harassment of debt.

I am somewhat baffled as to what you do, on one forum/thread you are an Accountant. now you are a debt collector!

[kirk]

well i posted my application in to try and get the case to sunderland. i have just had a email from my solicitor saying they have been given a court date in HULL for the 24th of november !. i called the court and they said they couldnt find my application. i said it was sent on the 23rd by recorded delivery.. They kept me hanging on phone for ages then said they had found it, it was in another section as i had asked to be exempt for the fee as iam on a low wage.cHECKED WITH THE POST OFFICE THEY GOT THE APPLICATION ON THE 24TH. MY SOLICITOR JUST HEARD TODAY ABOUT THE COURT DATE.Surley they shouldnt have listed the court date till my application was heard !!! Heeeeelllllppp..

[bwglaw]

You have instructed a solicitor whom I presume is paid to act on your behalf and will have all the material facts to hand. Contact your solicitor and ensure he is doing his job. If you need to have the hearing relocated to another Court to accommodate a disability then the solicitor should advise accordingly. Put it to him.

[kirk]

my application was turned down. it seems that if it is ordered by a judge that you must attend the disability act does not come into it !