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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
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      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.  

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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.

      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.
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      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
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After some advice please

 

I made a payment plan with Jacobs bailiffs for council tax debt back in aug, I missed 1 payment in sept but doubled up the following week.

 

To cut a long story short after I was late paying I received a letter saying the payment plan was no longer in place.

 

I've had several bailiff visits and I've not opened the door but I have continued to make my weekly payments with fail every week.

 

I have continued to receive letters and texts saying removal action is imminent and today another text saying the removal team will attend today between 6am and 9pm.

 

I don't understand why they continue to hassle me when I am still making my weekly payments.

 

Any advice please would be great.

Edited by dx100uk
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They cant remove anything unless theyve gained entry and performed a levy on goods.

 

The reason they are chasing is because you missed a payment but didnt inform them. Doesnt matter if you make it up, you still have to tell them, as they will just think youve stopped paying.

 

Have they performed a levy on anything you own? Such as a vehicle?

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..

 

 

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I did inform them I would double up the next week and they should be aware I am still paying as every letter I receive the price has gone down. No levy has been made on anything as they have not entered my property and we don't have a car

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Dont let them in, keep paying, and i would also inform the council as well. Youll get futher advice, but the bailiffs should not be saying theyre coming to remove when they know they cant.

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

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Thank you, I wondered if it was just an empty threat in order to get me to phone them? I've spoken with the council before and they just say I have to deal with Jacobs. I'm guessing the chances of them turning up today are slim then if they know they can't do anything?

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It was in response to the first letter they sent so made over the phone

 

 

 

 

 

 

So they had only added £75 to what you owed then. By missing a payment - for whatever reason - they then class this as a broken arrangement whether you pay or not - this in turn triggers a visit fee of £235 which will now be added to what you owe. Fighting it with the enforcement co will be like hitting your head off a brick wall & would hazard a guess the Councils attitude will be "tough". Try getting your local Councillor involved and in particular remind him/her that the Council are very much responsible for the actions of their contractors. http://www.writetothem.com

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Yes both those costs have already been added which those alone more than doubled what we originally owed to the council. I have continued to make my payments that I'd agreed to initially and they can see that so why the constant threats of attending again? I've I'd have stopped paying completely it's understandable but I haven't and have never missed a payment since

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How much was the Liability Order the Council obtained? What they are hoping for is that they can gain access or Take Control of Goods outside - car perhaps, so that next time they can remove it and then add extra charges.

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Original amount owed to the council was £222.0. we now owe £190.01 so clearly they can see we've nearby paid it off.

 

 

 

 

 

 

 

 

Thank you for that. Do you know how much you have paid to date? When the arrangement was originally set up did they confirm it in writing? How much do you pay per week?

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To date we have paid them £342.00 which is more than the original debt to the council. The council tell me they haven't received all of the money yet as Jacobs take out their fees first before sending any money over to council. We pay £30 a week. Yes I believe they did but can't lay may my hands on it just yet to confirm

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Many thanks for providing that. Taking their fees out first - £310 - shows you have only paid some £32 towards the debt, each payment you make will probably take 2 weeks to be forwarded to the Council which is why it always show as lagging.

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And that's crazy and we've already paid more than the original debt. Just frustrating that we still pay every week and they're still harassing us even when they know they can't come and remove any goods as they haven't taken control of any

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Just make sure nothing of value outside especially a car or motorbike

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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After some advice please

 

I made a payment plan with Jacobs bailiffs for council tax debt back in aug, I missed 1 payment in sept but doubled up the following week.

 

To cut a long story short after I was late paying I received a letter saying the payment plan was no longer in place.

 

I've had several bailiff visits and I've not opened the door but I have continued to make my weekly payments with fail every week.

 

I have continued to receive letters and texts saying removal action is imminent and today another text saying the removal team will attend today between 6am and 9pm.

 

I don't understand why they continue to hassle me when I am still making my weekly payments. .

 

I have never liked weekly payment arrangements for exactly the reason that you have highlighted.

 

In the first instance, we need to take on board that it was not until 2014 that bailiffs were encouraged by the government to accept payment arrangements. If a payment arrangement is agreed, then it is the responsibility of the debtor to ENSURE that their agreed payment is made by the agreed date. If it is the case that for one reason for another ,payment cannot be made on the agreed date, then the debtor should contact the enforcement company in ADVANCE. If you had done that and had paid the missing payment the following week (together with your usual weekly payment) then I would have expected the payment arrangement to continue to be in place.

 

You need to also take on board that when the regulations were overhauled in 2014, all enforcement companies had to make huge adjustments to their computer systems to manage 'payment arrangements' and deal with 'pro rata' distribution of payments. This would have included computer programmes recognising payment arrangements that had defaulted (such as yours). In this respect, the computer system would cancel the arrangement and the relevant account would automatically progress to the 'enforcement stage' (which is exactly what has happened in your case).

 

When a case progresses to the 'enforcement stage' the the position changes in that the PURPOSE of the visit will be to 'take control of goods' (usually a motor vehicle). There is also the added problem in that an 'enforcement fee' of £235 is applied.

 

As you do not have a vehicle and are not minded to let the bailiff into your home, there is actually very little that the enforcement company can do. The bailiff would still be able to make a personal visit to your home and 'reminder' letters can continue to be sent. Please be assured though that no further fees can now be added.

 

The Removal Notice is computer generated and I would not worry unduly any further.

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Many thanks I have just spoken with the council and they've given me a list of all the payments they have received so far which totals £161.57. originally order was for 267.01.

 

Hi

 

You have my sympathies, you seem to be being hindered in paying your debt rather than helped.

 

If you have the amount paid between the first notice from the bailiff and his first visit we can work out exactly what you should owe.

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