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foreveraloe

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About foreveraloe

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  1. Thanks for all your advice. Well, I did ask the Council to confirm in writing that we had come to an agreed payment plan and they had taken the account back from the Bailiff - however this appears not to be the case! All they did was get the Bailiff to agree lower payments! I received a letter from the Council saying the Bailiff would write outlining the agreement and that I should pay the Bailiff! Not what I thought had been agreed on the telephone! I then received a letter from the Bailif outlining what I had agreed with the Council, also saying that if the arrangement was not kept to then I would be sent to prison! So that's now about three times I've been threatened with being sent to prison! Nice! Before this letter arrived, I had already paid the Council direct and had sent letters both to the Council and the Bailiff. The whole point of this was to get the Council to take the account back from the Bailiff - it appears they have not done this. Should I now send a letter to the CEO of the Council complaining that the Council had gone back on what they said - I also now believe that the charges they have added are incorrect - not only that but on the NoS the Bailiff has made out that the outstanding council tax was much higher than it actually was and then added fees. It seems to me that the Council have just ignored everything I said. I don't want the stress and anxiety of the Bailiff coming back and taking my car. I did write to my local MP, but nothing seems to have happened about this as yet.
  2. ploddertom - in response to your post - I worte the letter to the Council as well as the Bailiff. I knew they would refuse the offer of payment, but I felt that after doing much research, it was better to do that and try and prevent them from taking my car! Doing nothing was not an option because of the Notice of Seizure. With regard to the charges, I have already asked them for the breakdown and their response was as outlined in my post above - they say the charges are correct. I'm trying to establish whether they are correct or not as all fees were charged on the same day, they made one visit then two hours later called again when they put the Notice of Seizure through my door as outlined in my first post. Having done hours of research I can still find no definite answer on the Redemption of Goods Fee (head H) and whether they are allowed to charge this - the Bailiffs think they can. I've also read that once the Council take the account back, then no Bailiff charges are payable, and others say they are. Much confusion.
  3. Further to my post above, I have an update on the situation and would appreciate advice on what I should do now. Following my conversation on Friday morning with someone from the recovery section, when I was threatened with being sent to prison, I fired off an email to my local MP, outlining my disgust at the attitude of the Council and the actions of the Bailiff. Friday afternoon I received a phone call from someone else in the recovery section of the Council who said that following my earlier conversation they were prepared to accept monthly payments of £89, to which I agreed - more than I wanted to pay, but I felt that was better than dealing with the Bailiff. I of course requested that they confirm this in writing. On Saturday morning, I received a letter from Bristow & Sutor dated the 23 March (which they sent second class post on the 24 March), pointing out that they could not accept my proposal and stating that they wanted me to pay £172 immediatley followed by 2 monthly payments of £180! To say I absolutely floored is an understatement. Had they taken any notice of what I had said in my letter to them and the Council? Obviously not. Their arrogant attitude is beyond belief. Who are they to say what they can and cannot accept? The debt belongs to the Council not them. Now whilst I realise that since they wrote that letter I have come to an arrangement direct with the Council, I do not trust them one inch, and am really worried they are going to turn up and try and take my car. Also, when I pointed out to them in my letter that their charges are incorrect, they have just stated they are correct and they are perfectly entitled to charge them. Is this right? I didn't think they could charge for two attendances on the same day or a redemption fee if the goods are not taken away. The charges are in my first post. Obviously I am still going to challenge the charges, but I also need to make sure that these fees cannot be charged. Any pointers on this would be greatly appreciated.
  4. This is completely unbelievable! I really need some help here. Balance is £426. Obviously, fees have obviously been added on to that, but that is not my major concern at the moment. No response from the Bailiff or the Council so I called the Council. They claimed that they were only just actioning my letter dated the 22, despite it being sent by email and recorded delivery. They claimed they could not call back the account from the Bailiff, despite my arguing that they could. They to contact the Bailiff - I said I would not speak to them on the phone, I had made contact in writing, the Bailiff had ignored it. They then said it was up to the Bailiff whether they accepted the offer I had made or not - when I said well, what if they don't accept what then, I can't afford to pay any more, her response was then they would start committal proceedings!!! What do I do now? The lady from the Council said she would get the Bailiff to call me, but I don't want to speak to them. So if they don't accept my offer, I'm going to prison apparently!
  5. tomtubby - no my car is not on finance, its a v reg megane, worth in the region of £700 on a good day!!! My argument with the council for sending the account to the Bailiff was that I was unemployed and therefore in a vulnerable category at the time, so surely it should not have been sent to them in the first place!!! Well, again they wouldn't budge on that one!
  6. Thank you all for your responses. Tingy - well, I think someone has defo made a cock-up here. On looking at the Notice of Seizure again, it states the CT owing is £608. Well that cannot be correct, because at the end of last year it was £446.63!. I only started my job last December so when I contacted the Council I offered to pay them £20pm. They weren't very happy about this and in fact never responded to the follow up letter I sent. So as from January I've been paying off £20pm. This should have brought the balance down to £386.63 (once this month's payment is paid). I wasn't able to get a straight answer from the Council because no-one seems to know what they are doing. I need to call them again later today. In my previous dealings with the Council they were adamant they would not take back the account from the Bailiff. Since I've been paying it, I have had no further communication from the or the Bailiff. Yes, all the fees I mentioned in my first post occurred on the same day! I was ill in bed so my car was parked in my parking space (not next to my house as there is no driveway next to the house), so the Bailiff must have just done a vehicle check and bingo! So there is already a levy on my car! Obviously, I have sent a very strong letter to the Bailiff. On the Notification of Bailiff Visit the Bailiff put down "nil" for his visit, yet the figure quoted on the form is again different at £544.63. No idea what is going on there. Not only that, but the cheeky so and so has listed the car tax, keys and documents! Well, how could he have seen the keys and documents when I had them indoors? I will contact the Council again and get to the bottom of the figures. tomtubby - yes, I know what you mean about paying the Bailiff instead, but I just followed advice on here to pay the Council direct. With regard to explaining to the Council my dire circumstances, yes, I have done this previously and in person - not very helpful at all just kept on saying "well it has to be paid". In fact, I pointed all this out to them in the letter I sent to them yesterday saying that whilst I relise it has got to be paid, along with the current CT, my finances just don't allow me to make large payments to the Bailiff. I also pointed out to them that if I didn't pay the mortgage I would get evicted because of the PO, then I would lose my job cos I'd have nowhere to live and they wouldn't get a penny then!!! To be honest, from the start of all our financial troubles, it has caused great stress and anxiety and I really think the time has come to just walk away. We have struggled now for over 2 years and it just gets worse and worse.
  7. Yesterday I had a Notice of Seizure put through my door by B&S. On the attached Inventory were the details of my car! This is a long saga which basically resulted in me paying the council direct and ignoring the Bailiff (as lots of advice on here said people can do that). However, they called twice yesterday (I was ill in bed) once at 13.50 "Notification of Visit" and then again at 16.40 "Notice of Seizure". They have added fees of: Attendance levy - £42.50 Levy fee - £39.00 Redemption of Goods Fee (Head H) - £24.50 The o/s CT is £532.63 with the above fees. Now having done some research I don't believe these fees are correct. I have severe financial problems (mortgage/rent arrears, have a suspended PO on the property, on a low income, etc) and all this was explained to the Council but fell on deaf ears. I started to pay them £20pm, not a lot I know, but that's all I really could afford. I'm struggling to pay everything as it is. Now I don't know what to do. B&S will only try and bully me into paying much more than £20pm and they will probably end up taking the car. I'm going to fire off a letter by fax to them today to try and stop them but I'm unsure of what to say - my head is spinning. If someone could advise on whether the fees are correct I would appreciate it. Thanks
  8. I have already done all that. They claim that T&C's is a "reconstituted agreement" that was signed at the time. It's not because the t&C's come from 2005!. It's already going to trial. They have just carreid on regardless despite my telling them all along they didn't have the required documents. The decision to pay is not mine to make.
  9. No it wasn't agreed during the negotiations. They landed that one after negotiations had taken place saying it needed to be signed in order for the hearing to be vacated. In fact, they put a time limit on when it should be returned until I told them it would not be possible to do it. Anyone with any further guidance on this would be really appreciated.
  10. Does anyone have any advice on the above post??
  11. After much deliberation, it was decided that this case should be attempted settlement. Negotiations took place and now the claimant wants the following consent order signed. I have been advised that I should post it here so more knowledgeable peeps could advise on whether this is standard practice in such cases or otherwise. This is the consent order: The claimant and the defendant (“the parties”) having agreed to settle the dispute and have agreed the terms set out in the schedule. It is ordered that; all further proceedings n this claim are stayed except for the purpose of carrying the terms of the schedule into effect. liberty to apply. Schedule to consent order The claimant and the defendant agree the following sum claimed including fees costs and interest to date is xxxxxxxxx the defendant will pay the claimant the sum of xxxxx in full and final settlement of the sum claimed to be paid as follows a sum of no less than xxxxxxx per month to be credited to be credited by the last date of each month payments are to be maintained by the defendant until the sum referred to in paragraph 1 above is paid in its entirety upon payment of the total sums referred to at paragraph 1 above, the defendant is discharged from any further liability in respect of the claimant’s claim in this action. the first payment is to be credited to the claimant’s agents no later than 28 days by approval of the order by the court. the agreed sum of repayments shall remain fixed for no less than 12 months after the approval of this order. Thereafter when requested by the claimant the defendant shall provide full details of his financial circumstances with the intention of agreeing whether the defendant’s disposal income is sufficient to allow an increase in the sum stated in paragraph 2. the claimant may request that the defendant provide the details of his financial circumstances set out in paragraph 6 above annually while any sum remains outstanding. should the defendant fail to maintain payment in accordance with this schedule then the claimant be entitled to request the fast track trial date to be relisted and the full claim to be reconsidered. Should this be signed??
  12. Thanks for showing me how to do that!!! I wasn't going to post about my case here - I was just responding to a particular post that had been made that seemed very similar to mine and what had happened. Thanks anyway
  13. Yeah, sorry don't know how to do them!!!1
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