Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2609 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I recently rented out one of my properties and my tenant vacated without notice and eventually I gained access to the property once it was confirmed he did one on me.

 

 

As he was on housing benefits, the council tax was paid by the DSS.

 

 

However, on vacating, I took on the owed amount.

 

 

In short, I received a letterlink3.gif from the council informing of the amount due (no specific payment date was noted) and a payment plan was annotated.

 

 

However, this was contradicted as I missed a payment

I was then not able to pay by D/D.

 

 

The payment I missed was a listed payment prior to the letter being sent and me being in possession of the property so there was not much I could about that.

 

Although the letter was dated 22/12/2016,

I did not actually receive the letter until the new year due to the Christmas period.

 

 

Based on the letter,

I decided to pay in full and this was done on 24/1/2017 as that was when I got paid.

 

 

On the evening of the 26/1/17,

I received a court summons due to not paying council tax

 

 

I contacted my bank who then confirmed that payment would have hit the council by 26/1/2017.

 

 

The court summons was dated 24/1/2017 this would not have been deemed served until 26/01/2017; the day payment cleared in their account.

 

I contacted the council the morning of 27/1/2017 to confirm if payment had been received and they said no

 

 

then an hour later said they had found the payment and have just allocated it against my account.

They also apologised.

 

They said I would not have to attend court or have to pay the fee.

I then requested this be sent via mail.

 

 

No letter has been received and they will not answer any of my correspondence;

clearly I am worrying.

 

 

I then contacted the Court and have since received confirmation from the court that I don't need to attend as the council stated that I have paid in full so the case will be withdrawn at court on 13/2/17 (not quite sure what this means - is the case still being heard? Can i still be found guilty?)

 

As I only paid the council tax owed prior to receiving the summons,

do I now still need to pay the court fees?

 

 

I was of the understanding this was a time overlay of me paying at the time of them issuing a court summons.

 

 

No mention has been made that I owe or don't owe other than the Lady i spoke to

but nothing is in writing as they are not responding to me.

 

 

They are very fast at issuing court summons but very slow at reassuring given that the court date is only a week away.

 

Also, does having a court summons, even though it will be withdrawn on 13/2/2017, sit on any public records or even my DBS? I ask as this could impact my job.

 

I did not go out of my way not to pay,

I was trying to get my house back again from a rogue tenant and I did pay as a matter of priority.

 

Many thanks in advance.

 

 

Dea

Link to post
Share on other sites

Slight misunderstanding with how this works.

 

The council issue the summons with the Magistrates address on. They charge a fee for issuing the summons.

 

If you did not sort out with the council before the date on the summons, the council would have you down on a list to see you at the Magistrates on the date shown. The court fee then becomes due, as the council have to book court time. The Council staff would have a room set aside to see people to try to resolve, but if the council tax payer insisted they could go into the actual court to address Magistrates bench. They might have a dispute with the council they want to be addressed.

 

Much of the process is an admin process handled by the council and the Magistrates in basically only used to rubber stamp a list of people that have not contacted the council to sort out a payment arrangement.

 

There is no issue with any records checks, as it never got to the stage of a liability order being issued via Magistrates.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

As it goes they have told you they would withdraw the application at the court & the court have confirmed this

- this is the correct process as the magistrates technically have to acknowledge the summons is no longer required.

 

 

As part of the hearing which will go ahead the council will provide a list to the court of summons which will not be proceeding and the court will do so.

 

Neither a council tax summons or liability order is recorded on a criminal record or credit record so it doesn't sit on a record that will be checked for a DBS.

 

Craig

Link to post
Share on other sites

Cheers Craig.

 

 

I prob answered some of my own questions but I got worried when in one sentence they say the case will be withdrawn but on the 13/2/2017 when my hearing takes place so this confused me.

 

 

My main worry being the DBS as this would/could effect my job and current jobs if it was to appear; luckily it won't.

 

 

I never disputed owing the money at any point.

My problem was that my tenant did a runner without informing me.

I had no idea he had vacated my house because during phone chats about my rent, he said he would pay as a matter of priority.

 

 

When I visited the house it was still furnished (looking through the windows) so I took it that it was just a case of rent arrears.

3 months in, he informs me he has vacated the property and the key is under the bin to the front of the house so I had no idea at that time about the council tax.

It all came as a shock and within 4 weeks of getting the first letter, a court summons is issued.

 

 

I paid at the same time of the date on the court summons.

So my theory was that as payment was made prior and received by the date the summons was deemed delivered that the fee should not stand.

 

 

I just don't want to be thinking all is sorted then the council chase for the outstanding fee.

They have verbally told me that it would be removed but having done some research, others say it still stands.

 

I'm prob worrying to much as this has never happened to me before.

 

Once again thanks for the feedback

; it's much appreciated.

Link to post
Share on other sites

Slight misunderstanding with how this works.

 

The council issue the summons with the Magistrates address on. They charge a fee for issuing the summons.

 

If you did not sort out with the council before the date on the summons, the council would have you down on a list to see you at the Magistrates on the date shown. The court fee then becomes due, as the council have to book court time. The Council staff would have a room set aside to see people to try to resolve, but if the council tax payer insisted they could go into the actual court to address Magistrates bench. They might have a dispute with the council they want to be addressed.

 

Much of the process is an admin process handled by the council and the Magistrates in basically only used to rubber stamp a list of people that have not contacted the council to sort out a payment arrangement.

 

There is no issue with any records checks, as it never got to the stage of a liability order being issued via Magistrates.

 

Thanks for the reply. Both posts have reassured my main concern surrounding DBS.

 

When you mention about fees due, is this due to them sending the letter or only if I didn't pay and the hearing had to go ahead? It's just that the date I paid was the same date as on the court summons letter and the payment hit there account on the date the summons is deemed delivered.

 

The council verbally said they would drop the charges, so I should be okay if they keep to their word. I suppose I was initially asking if that charge was valid as payment was received at the time the summons was deemed delivered. As payment takes three days to clear, it should be obvious that I paid prior to knowing about the summons rather than a knee jerk reaction. How can you summon someone to court when the debt has already been paid and then demand the court fee.

 

I could understand if the first letter stated I must pay by a certain date and I failed then the summons would stand as I did not pay by the due date; but no date was specified. In this case, I paid not knowing a court summons was inbound and the council sent a summons not knowing the payment was being made.

 

It's a lesson learnt for me and it could have been worse.

 

Dea.

Link to post
Share on other sites

Suspect that when you paid them, it included a fee for the issuing of the summons letter. There will no other fees now due.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Suspect that when you paid them, it included a fee for the issuing of the summons letter. There will no other fees now due.

No, as when I paid, I did not know about the fees so I only paid the council tax only. The summons came after I paid. No other fees have been paid.

Link to post
Share on other sites

No, as when I paid, I did not know about the fees so I only paid the council tax only. The summons came after I paid. No other fees have been paid.

 

Perhaps they don't charge for issuing the summons. Some councils charge for doing so.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...