Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My local council has said they will have no further corespondance with me about an alleged parking fine. Is this right? If I asked my mate from the masons to collect a debt for me and he uses a shotgun to do it and I knew he would I'm guilty. The council knows if they ask equita they will break the law so .................advice?
My local council has said they will have no further corespondance with me about an alleged parking fine. Is this right? If I asked my mate from the masons to collect a debt for me and he uses a shotgun to do it and I knew he would I'm guilty. The council knows if they ask equita they will break the law so .................advice?
Welcome to the forums.
Lets deal with your first issue.There are obviously means of communication and routes to go down in order to make progress here.References to shotguns dont fall into that category.
Unfortunately the examples you use here are not totally in the context of your issue with the council.
Maybe you could give some more in depth information about this matter,then maybe we will be in a better position to advise further.
I have never heard of Masons using shotguns and as this is supposed to be the season of goodwill.......if you know one that does......ask him for a ceasefire over the 12 days of Christmas.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
Posts
1,908
Re: Council obligation?
If your mate had that shotgun legally, remarks like that, made by a friend about the gunholder's character, can get his license taken away, as you would know if you'd spoken about gun issues with him at all...be a real mate to him and don't say silly things like that again, please.
Please accept my apologies the starting post for this thread was made in error. I was cross and distressed and just banging away at the computer and must have hit the submit reply button instead of the preview post. I didn't realise my error until I read the email today. Once again apologies.
let the council register the debt at the tec and put in a sta dec within 21 days. then the pcn will be back to notice to owner. how old is the pcn ? also has the council obtained a warrant of execution ?
This is a copy of an email I sent to Equita today.
The following is sent for clarification.
After a number of fruitless conversations by telephone asking for clarification of what the outstanding debt was, and how it was arrived at, I wrote to you in June 2006,
Dear Sir,
I would like to receive a full Breakdown of how you have arrived at the amount of £117.51.
I do not believe that this amount is correct as I discharged my original debt by return of post when requested. As I am currently on benefits I can only afford to pay £20/month as agreed by telephone I enclose a cheque for that amount.
Yours Sincerely
xxxxxxxxxxxx
You replied by return:
8th June 2006
Refno: xxxxxxx
Client Ref: xxxxxxx
Dear Mr xxxx
Stratford Upon Avon District Council
I refer to your recent communication and confirm the outstanding balance of £108.16 has been discharged as of 05/05/06.
Yours sincerely,
Lauren Douglas
EQUITA LIMITED
MY CHEQUE WAS RETURNED WITH THIS LETTER, andI received no further communication from you or SDC until November 15th 2006.
When Stratford Upon Avon District Council wrote on 15th November informing me that I owed £95 it was a shock but I assumed an error as you had confirmed my debt was discharged. I went into the council and asked for a complaint form. Your letter,dated 27/11/06 asking for £189.24 was worse. However, I still believed it was a mistake as I had your letter saying the debt had been discharged and so did not reply to you. I sent a copy of your June letter along with my appeal form to the Council.
A letter dated 5/12/06 from your Robert Langley
We refer to your Penalty Charge Notice debt owed to Stratford-Upon-Avon District Council
You have to date failed to clear the outstanding debt due Stratford-Upon-Avon District
Council. Therefore we have no other option but to instruct our enforcement bailiffs and
porters to remove your vehicle or clear your house of your possessions to settle this debt.
However, as we are approaching the holiday season, I am prepared to instruct my bailiffs not
to call at your home during this time, providing you make a substantial payment towards your
debt. If you make an immediate payment of at least 50 %of the outstanding amount by
return, I am prepared to allow you until the end of January 2007 to settle the outstanding
balance.
Yours sincerely
Robert Langley
was upsetting.
The By Hand letter dated 7/12/06 broke me! (No one rang the bell, knocked the door or made any effort to speak to me and was not in sight when I looked out of the window as I would have shown them your letter from June) I saw my doctor and he prescribed further medication for my worsening depression.
On 11/12/2006 I received a letter asking for£427.77 by return.
Please take note that less than a month had gone by since SDC had informed me that I had an outstanding penalty charge of £95 and I still believed it was an error.
After a session with a counsellor I managed to pull myself together enough to visit the council to find out what had happened to my appeal. It was then that I learnt that I had had two parking tickets. I now understand about the REF numbers but as I had only ever seen one ticket on my windscreen I had made a natural assumption that all correspondence related to that one offence. Also when I paid it in June and asked for clarification all letters from you stopped. No one I have spoken to ever mentioned two tickets until 20/12/06 and had your letter in June told me about it none of the above would have happened as I had offered to pay.
After realising that the fine was not discharged I telephoned you to ask about what I owed using the Bailiff ref xxxxxxxthis was an error on my part as it was the ref on the letter in June, however I was told instantly that, that one was discharged but I owed £427.77 and was given a bailiffs mobile number.
I called him saying that I was ill and could only pay £10 which I would send then, he laughed. The rest of the conversation is best summed up by his remark, I bet you wished you hadn't called me! I do not wish to make a complaint about him as frankly I'm too scared .
I now formally ask that in view of my health and income you agree to take no further action until we have agreed a payment schedule that I can afford. To that end please supply me with a full breakdown of any and all monies I owe to you as a company and how the sum of £427.77 was arrived at.
In view of what your bailiff said about your complaints procedure I have had the friend who helped me write this bcc herself and cc SDC Parking services. I have also sent hard copies of this email to all recipients marked above
I am currently in receipt of sickness benefit as I am suffering from clinical depression.This debt is driving me to despair so a prompt reply would be appreciated.
Yours
xxxxxxxx
The responce from the council today was;
Dear Mrxxxx
Thank you for forwarding a copy of your correspondence to Equita, regarding your unpaid Penalty Charge Notice. A hard copy has been placed on your file.