Jump to content


  • Tweets

  • Posts

    • 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 2094 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 and firstly thank you for this forum it is extremely helpful.

 

My Dilema.

 

South East water debt equalling £2000 went to court enforcement services March 2017. I arranged a payment plan for the 16th of each month of £20 and have paid every month.

 

This month I paid on the 19th due to a payment taking time to get to me and thought all was ok as the online payment went through fine.

 

This morning 2 HCEO officers called and clamped our car.

 

I will fill you in on the car, last month on the 28th I sold my car to my Limited company as it was costing too much to run it so thought if the limited company owns it, it can pay road tax etc.. with us only paying tax on it. Obviously we have the green slip and also a receipt to the limited company.

 

The value of the car is around £1900 BUT it was a previous Cat C and has a bit of a noisy engine and some dents down one side so after assessing online thought I would sell for £450 to the company as I just thought it would be better as a company car and the online values was not far from this amount anyway.

 

I advised the HCEO of this and showed them the green slip and a receipt of sale (was paid cash) and even offered them the cash from the sale but refused.

 

They said as there was a Writ that my wife should never had sold the car in the first place but have never seen the car nor no warrant of control placed upon it. They also said they could sue her for selling it.

 

Even after notifying South east water and CES they still took the car.

 

Should they have taken it? is there anything I can do?

 

Many Thanks in advance.

Link to post
Share on other sites

  • Replies 70
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Short ans is no

Deprivation of assets applies here i think?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Dx100uk Thanks for a fast reply, What do you mean ?

 

Just for clarification payment was made albeit a few days late but was unaware of any enforcement and the car was sold simply to keep costs down in repairs and running.

 

sorry to bump but forgot to add I received 2 pieces of paperwork one is a Notice after entry or taking goods and this shows :

Debt: £2009.85

Compliance Stage : £90.00

Enforcement Stage : 886.79

Expenses : -310

 

Total £ 2676.64

 

Then Another in the same envelope

 

Notice that goods have been removed for storage or sale

 

Debt : £2009.85

Compliance : £90.00

Enforcement Stage : £886.79

Sale Stage Fee : £692.99

Expenses : £ -310

Total : £3369.63

 

This is the first time they have ever made a visit.

Link to post
Share on other sites

Did you tell the HCEO payment was going to be late? because the date you agreed would be the date CLEARED payments would have to reach them. If you didnt notify them and the date passed, then they would think that you stopped paying, so enforcement action would continue.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Unfortunately not I tried to call them but this particular company is really hard to get hold of.

 

They did accept the payment and showed nothing outstanding.

 

I accept enforcement action would go ahead I really do but for them to take a car belonging to a limited company and detrimental to business use with proof of sale.

Link to post
Share on other sites

Sounds like transfer of assets to avoid fine to me, unfortunately

 

I can see how it looks but it was not the case, I thought everything was fine as I made the payment, I did not expect them to visit at all.

Link to post
Share on other sites

Then you have to expect the visit to enforce thewrit of control issued by the courts.

 

This I fully understand now and do not dispute them coming out but to take a car belonging to a Limited Company and also required for the day to day running of the business with proof of this, surely this cannot be right?

 

Of course I am not trying to get out of paying at all but do not see why I could not just continue to pay monthly like agreed.

Link to post
Share on other sites

Deprivation of assets

You purposefully transferred an asset after initial enforcement

Nothing you can do

 

Drop all other outgoings to £1pcm

Sky tv mobile phone contracts credit cards etc etc

 

This is your no.1 priority debt after rent mortgage ctax gas electricity

 

Bet you paid a non priority bill in pref to the bailiff

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Deprivation of assets

You purposefully transferred an asset after initial enforcement

Nothing you can do

 

Drop all other outgoings to £1pcm

Sky tv mobile phone contracts credit cards etc etc

 

This is your no.1 priority debt after rent mortgage ctax gas electricity

 

Bet you paid a non priority bill in pref to the bailiff

 

I wish that was the truth, I am tarred with a brush that I deliberately did not pay and that I purposely transferred the car which I did not.

 

So if they continue in selling the car and its not enough to cover the debt, what will happen then?

 

 

I am on an extremely low wage from the company and have been making payments, unfortunately this month My payment was delayed by a few days.

 

 

The car was transferred simply because the company could maintain the car ie tax etc.. and not so I could avoid it being taken, Like I said I did not even think about enforcement coming out as I thought everything was ok.

 

 

I do not have sky or credit cards, I have a mobile but its a company one.

Link to post
Share on other sites

Then you can do nothing more

Doesnt matter why you transferred the car sadly

 

Unless anyone knows diff i cant see anyway of you not having to pay prob more than the car is worth to get it back now...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

So even though the car was essential for business use and was not worth a great deal due to being a previous Cat C plus owned by a limited company there is nothing I can do?

 

I would also like to state that I have not refused to pay the debt I just could not pay what they wanted as they wanted the full amount, I even offered to pay the £450 that we sold it for but was not acceptable.

 

I do not expect this to go away and do want to get it cleared.

Link to post
Share on other sites

Who the util co that got the ccj?

Did you not defend it?

9/10 its totally a bogus figure anyway

 

Tell us about the ccj

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

South East Water

When I got the CCJ I was going to apply for a Stay of Execution but then got the letter from the HCEO so arranged with them the payment plan, I did not defend it as We owed it.

It is in Joint names of me and my wife. The car was previously in my wifes name.

The writ was issued 03/2017

 

The CCJ was for £2009.85 , I paid off 310 which shows payment every month, they are now requesting £3369.63 and that's with the £310 paid included in that amount.

 

This was their first visit to the property to my knowledge.

 

Once again Thank you for taking the time to reply.

Edited by djones78
Link to post
Share on other sites

Also on the form where it says Daily or weekly storage charge where the goods have been removed to and stored he has put "TBA"

and in the how to collect your goods section it has not been filled out with the storage location or anything.

Link to post
Share on other sites

You should always defend a ccj even if you do agree gou owe the money

Then if push comes to shove you agree a tomlin and the judge sets a fixed sum that no-one bar him can change. No bailiffs nothing more PCM they can force you to payy

 

I think you are too late now for an n245?

Anyone?

 

Might that be an idea??

Still think the water ccj figure is wrong too

Was this the current bill at the time or a previous year?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks DX I will try to find the previous amount for the year, it could be a wrong amount but would it not be too late to do anything about now?

 

In addition do they have to be certified? as is there a way of checking?

Link to post
Share on other sites

No they dont sadly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...