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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bailiff enforcement: Setting up a payment arrangement and whether you can pay the court or the council direct


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The bailiff regulations (that came into force on 6th April 2014) provide a simplified fee scale that is the same for arrears of council tax, non domestic rates, local authority issued penalty charge notices and Magistrate court fines.

 

 

How much are the bailiff fees?

 

Compliance Fee: £75

This fee is added to the debt as soon as the account is passed to the enforcement company by either the local authority or the magistrate court and will appear on the Notice of Enforcement. The
‘amount oustanding’
will therefore include the Compliance fee of £75.

Enforcement Fee: £235 (plus 7.5% on amounts exceeding £1,500)

If full payment or a payment arrangement is not agreed during the ‘compliance stage’ the debt is passed to an individual bailiff/enforcement agent. When he makes a personal visit to the property, an ‘enforcement fee’ of £235 also becomes payable.

How is the ‘amount outstanding’ calculated?

 

The new regulations state clearly that the ‘amount outstanding’ includes the amount of the debt from the local authority or the Magistrate Court and the enforcement agent fees (and costs) calculated up until the dtae of payment.

 

 

Making a payment arrangement.

 

After the debt has been passed to the enforcement agency, a Notice of Enforcement will be sent and the ‘amount oustanding’ will include the Compliance fee of £75. The letter (NoE) must state a date and time by which payment (or a payment arrangement) can be set up. This is referred to as the ‘compliance stage’. All companies should be willing to accept a sensible payment arrangement during the ‘compliance stage’ and in most cases; will accept a payment plan over a period of 3 months and in some cases, 6 months. It is worthwhile providing a simple Income & Expenditure with the payment proposal. Due to the strict time frame, payment proposals should be set up either over the phone or by email to the enforcement company.

 

It is at the 'compliance stage' that any 'vulnerable' circumstances should be brought to the attention of the enforcement company and evidence provided.

 

 

Payments made will be split on a ‘pro rata’ basis.

 

As outlined above, once the debt has been passed to an enforcement agent, the ‘amount outstanding’ includes bailiff fees. Of significance is the fact that the regulations state that when a payment is made, it must be split on a ‘pro rata’ basis with the Compliance fee of £75 being deducted first, and the balance split between the debt to the either the local authority or the Magistrate Court (in respect of court fines) and the remaining bailiff fees.

 

 

Making payment direct to the council or the Magistrate Court.

 

As outlined above, once the debt has been passed to the enforcement agency, the ‘amount outstanding’ includes bailiff fees. Following a Notice of Enforcement or a personal visit, some debtors may decide to pay the council or the magistrate court direct in the belief that in doing so, they can avoid paying bailiff fees.

 

In the very early days of the regulations (April 2014) this method of trying to avoid bailiff fees may have worked but now, very rarely (if ever) succeeds. Generally, the local authority will immediately advise the enforcement company that a payment has been received by them, and the enforcement agency will allocate that payment in line with the following example:

 

 

Example of how payments are allocated:

Liability Order/Magistrates Court fine issued for:
£525.

 

Notice of Enforcement sent and with Compliance fee of £75 added, the ‘amount outstanding’ increases to:
£600

 

If full payment or a payment arrangement is not set up during the ‘compliance stage’ the account is referred to the enforcement agent/bailiff for a personal visit to the property. An Enforcement Fee of £235 is added and the ‘amount outstanding’ increases to:
£835

 

Payment is made direct to the local authority/magistrates court of
£525
(being the amount of the Liability Order /or court fine).

 

The Compliance stage fee of
£75
is deducted at source and the balance of
£450
is split on a ‘pro rata’ basis with approximately 70% being allocated towards reducing the debt to the creditor (ie: the local authority or magistrates court) and the remaining 30% allocated towards reducing the bailiff fees.

Can the bailiff take enforcement action to recover 'his fees'?

 

As outlined above, once a warrant has been passed to the enforcement agency, bailiff fees becomes legally due and the ‘amount outstanding’ includes bailiff fees.

 

The enforcement regulations have made it a statutory requirement that all payments should be split on a ‘pro rata’ basis. Accordingly, unless the ‘amount outstanding’ (which includes bailiff fees) is paid in full, the warrant has only been part satisfied and enforcement action can legally continue.

 

It needs to be made clear that paying the local authority or the magistrate court direct does not mean that the warrant has been satisfied. All that it means, is that a part payment has been made against the amount outstanding. It is as simple as that.

 

 

Note:

 

It is important to be aware that with magistrate court fines, if payment is made to the Magistrate Court (either in person or online) after a warrant of control has been issued, all courts now forward the entire payment to the relevant enforcement company so that the enforcement company (and not the court) can deduct their fees in accordance with the ‘pro rata’ provisions as outlined above and allocate the balance towards the court fine.

 

Setting up a payment arrangement and whether you can pay the court or the council direct -------.pdf

 

Before Printing the PDF TIP

 

If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:

 

Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).

 

Note: This will save you Ink & Paper

Edited by stu007
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To further understand the reason why payments are to be allocated on a 'pro rata' basis it may help to read section 8.3 of the following document which is the Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014.

 

This Explanatory Memorandum has been prepared by the Ministry of Justice and laid before Parliament. It is therefore a statutory document and legally binding.

 

 

http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf

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