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Marricdale

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  1. Many thanks for your advice. Do you know if there is any way to reverse a liability order? Who do i write to complain?
  2. I have it in writing. They wrote to say that they attended today to remove goods and that they will be calling back in the next 48 hours with the police if necessary. They have not had access. Who di i report them to? Many thanks.
  3. Back in 2007 I received several summons for council tax for years when I rented my flat. I was not able to attend the Court but wrote explaining that altough I was the owner, I was not responsible and had only just received a summons. My statement was ignored and a liability order was issued. I then paid £1,000 while not admitting liabiliity on account while they sorted it all out. The liability order was around £1,500. Then I paid a further £600 on account, again not admitting liability and attended a court hearing in 2008 with regards to other years, again when it had been tenanted, when the council asked for an adjournment and then later withdrew the proceedings. I have been getting letters for the past couple of months from bailiffs and have written to explain that various sums have been paid. The problem appears to be that the council have not credited any of the payments in respect of the liability order but for later years when it was also tenanted. Do I have to go back to Court to prove that payments have been made? And how do I go about this? The baliffs are now threatening to attend with the police to remove goods and i just don't know what to do.
  4. I have received a reply offering to refund me the difference in the charges I claimed less the current £12 fee they currently charge. No offer of refund of any interest (I claimed interest at 8%). Should I accept this and then claim for the difference? Or should I refuse this offer? Any help on the word much appreciated. This is my proposed response: Thank you for your unsigned letter dated 16 March 2007. I respectfully decline your offer of a partial settlement and request, once again, that you return to me all charges imposed on this account together with interest, totalling £[ ]. You have not provided a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Therefore, I believe that the regime of 'fees' which you have been applying to my account in relation to overlimit fees, late payment fees and so forth are unlawful at Common Law, Statute and recent Consumer regulations. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. The OFT did not give a recommended rate but stipulated that the charge should not exceed £12. They also stated in their report of April 5th, 2006 that they could not declare what was a fair or lawful charge, only the courts could decide on this. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I wish to stress that I do not accept your offer as Full and Final settlement and any money credited to my account should not be viewed as my acceptance. Consequently I require you to refund me a total of £[ ], representing the total, unlawful amount charged during the last 6 years of £[ ] together with interest at the statutory rate to date of £[ ]. I enclose a further copy of the schedule of the charges which I am claiming with this letter. I look forward to receiving your response to this letter within 7 days. If I do not hear from you within 7 days then I shall have no alternative but to commence legal proceedings in the small claims court to reclaim the full amount as stated herein together with interest and costs without further redress to yourselves.
  5. I have had a very quick response (5 days) response from the Chief Executive's office in Salford (even though I sent to London address) referring me to the Finance and Leasing Association at Kingsway or to refer to the Financial Ombudsman. they say they have reconsidered their charges and lowered to the OFT recommended rate of £12 but that the charge is not retrospective. They say "In over a dozen recent cases involving Citi, we have successfully argued the fairness of the above policy and the fairness of the £12 charges. The cases have all resulted in the claims being dismissed and the courts have implicitly held that the policy is fair and the charges reasonable, being in line with both the OFT guidance and common law principles of damage for breach of contract" I wonder which cases these are???!!! Who are the Finance and Leasing Association and is it worth writing to them? I have already send my LBA.
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