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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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      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.

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      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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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.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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