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chris600uk

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Everything posted by chris600uk

  1. A bailiff collecting overdue magistrates fines normally does, yes. Although they generally prefer not to unless they really have to. council tax Liability orders are not fines, or criminal. That's why the bailiffs powers are so limited.
  2. You are under siege. Nothing to be scared about so long as you follow the rules. Park any car away from the house, keep the windows and doors locked, don't answer the door to ANYBODY unless you know who it is. Don't have any conversations with the bailiff, for any reason, now only communicate in writing. Check who's outside before going out. Check who's outside before approaching the house.
  3. If they didn't actually levy on the 16th and you can prove it, NO. If they levied on the 16th you would have received some paperwork through the letterbox, and if you didn't then somethings wrong. Without reading the other thread, would I be right in saying that you have paid the council Liability Order off? And if so, when did you do that?
  4. If he knew they were not the property of the debtor then that is theft. Chief Con. start at the top
  5. No, I would sent the letter to the Chief cons office. It'll get passed down and there will be some oversight.
  6. Had you changed the logbooks into your own name/ company name? Can you prove that the log books were stolen? Can you prove that the bailiff got them from this person? If so, have you considered making a complaint in writing to the Chief Constables office. I know I say this from time to time, and to my knowledge, no one from here has ever done that, but it is the only way to ensure that the police actually do their job in difficult cases where they'd really rather be doing something else.
  7. That's a matter for you and your flatmate - you should have checked it was paid, or set up a payment arrangement direct with the council yourself - sorry to sound so blunt but that's it in a nutshell.
  8. Write to the council and tell them that, don't just phone them. Contact your friend if you can and see if he has any paperwork of any sort. Contact your ex-landlord, it's been less than six years so he should stlll have proof that you only remained there for the 6month period. Once you have a copy, send the council a copy and keep one for yourself.
  9. You need to provide more detail. How did they trick you? What was levied? Have you checked that the charges are correctly calculated as per schedule 5 The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006
  10. It's nice to get so much detail... Well you do seem to have covered it, don't you. In your place I would definitely make a complaint about the Police actions, their behaviour is not isolated, for some reason they only seem to want to enforce the law when it suits them. Otherwise it's just too much trouble and they'll do everything they can to obstruct justice. There must have been some witnesses to the whole business. You need more than just your word against the bailiffs and the police, don't expect either of them to tell the truth.
  11. I'm not sure that it would, unless there had been some mental impairment or physical disability or medical condition as a result of that misuse.
  12. Terrified, you need to start your own thread, the thread starter button is up in the top left corner. However just to get you started as best as I can: Purge cash When you say three notices, do you mean bailiff letters? That would suggest that you have not received the NTO, or notice to owner for each parking ticket.
  13. Well yes, if they have been in before and the debtor signed a walking possession agreement -- they do have the right of entry. The OP doesn't say whether or not she had sold the items to a trusted friend or relative some days before the bailiff called. Naturally, she is unlikely to have volunteered that information to the bailiffs at the time, being in shock. Of course the owner of the property, if in fact she has already sold the goods, will be quite angry that the goods that they entrusted to the care of the OP have been seized, and will want them released. I'm only thinking out loud if you see what I mean... The OP doesn't say whether or not she has checked if the bailiff who called actually has a current certificate, and that's always a good thing to check -- no certificate, no levy, no right of forced entry. The OP also doesn't say, what fees were charged, because the bailiff may have charged excessively, or listed exempt items, or included a global reference -- that could render the whole walking possession invalid. I think a good thing to do, would be for the OP to use a template letter asking the bailiffs to hand the account back to the council because she is a "vulnerable" person. She should modify print and sign the letter, scan it and e-mail it to the bailiffs, with a copy to the council tax department, the head of revenues, a local councillor, and her local MP. That's my two penny worth for today, I'm off to bed Goodnight and good luck!
  14. You could sell it to your uncle Angus for a fiver, make the insurance company aware that he is the owner but that you are still the driver and registered keeper. Only do this if your uncle Angus is prepared to claim the car back from anyone who seizes it. That would protect the car, because only goods belonging to the debtor may be seized. I'm only saying this because you mentioned that bailiffs were involved. Unless it is a licensed taxi, or a sign written commercial vehicle, it's a bit difficult to claim that the car is a tool of your trade; in the real world we know that it is... Lease = Rental That means it is not your property, and therefore cannot be seized because of your debts. To whom was the County Court judgement granted, who does the court say you should pay? I would pay them by standing order, and if the judgement was for the whole amount, it might be worth making an application to the court -- I'm not sure if it is an N244 or an N245 but you could always ring the court up and ask them, or maybe somebody more knowledgeable will come along and explain it for you. You can say that again
  15. And this was their reply: Thank you for your communication, we acknowledge receipt of your complaint about unarranged overdraft bank fees. We believe that your complaint concerns the level, fairness or lawfulness of the fees. If it concerns something else, such as an administrative error, please let us know. We believe that fees are fair, transparent and lawful. Please be advised the bank (along with a number of other banks) has now become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to unarranged overdraft bank fees which we believe will resolve the legal issues regarding the fairness and legality of your unarranged overdraft bank fees. It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceedings, we have asked the Financial Services Authority to suspend the normal timetable for dealing with unarranged overdraft bank fee complaints, and the FSA has agreed to this request subject to conditions that protect your rights. We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible. We are sorry that we have not been able to respond in full to your complaint now, but we, together with the FSA and OFT think that it is necessary to resolve the key legal issues before we decide how we should respond to your complaint. Obviously exactly what will happen next will depend upon the courts. We do not know how long the case will take, we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months to finally resolve. We can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Ombudsman Service or to the courts. Given this court case we have asked the Financial Ombudsman Service not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. Similarly, you should be aware that if you choose to issue a claim in the courts, the bank will immediately apply to the court for an order to stay your action until resolution of the bank's proceedings with the Office of Fair Trading. Thank you for your patience. So what do you think about that, I am being hit with a whole bunch of these charges. Any comments, anyone?
  16. This was my first letter, after the first bank charge that I can remember for a very long time: Roll number: xxxxxxxxx Sort code: xx-xx-xx Account number: xxxxxxxx Dear Sir/madam, Thank you for your letter dated xxxxxxxxx informing me of a failed direct debit. This was an oversight and when we became aware of it we added funds to the account. Your charge of £35 is excessive, it doesn’t reflect the cost of a computer operated transaction or sending a computer generated letter, and that makes it a penalty charge which is in any event unlawful. Please cancel this charge on our account. Yours faithfully,
  17. Well, to begin with I agree with FairParking completely. As far as I can see, it seems as if there has been a 12 month gap between the last time you paid them and when they caught up with you this time. If they believed that they had the right to force entry they would have done it by now. So I would be inclined to ignore them, and to start paying the council directly online, small sustainable regular amounts. I don't know how far you are prepared to go to resolve this problem. Personally I would go all the way. Trouble is, I can't tell you how to do that on a public site, or by PM (there are people who can read pm's), but to give you a not so subtle hint: If you so arrange your life so that the bailiffs are taken out of the equation, that might give you the peace of mind you desire. Go through the list of "vulnerable" categories and you'll see what I mean. But the answer is in the quoted bit above, and it only needs to be for a year or so while you get yourselves sorted.
  18. Just in case he comes back and tries this line again. It doesn't matter whether the council have "taken it back or not". The Liability order is satisfied. Any fees the bailiffs charged before a levy is made, is not part of the Liability Order and the bailiffs are not entitled to pursue them as bailiffs. They could, if they wanted, invoice you for them and when challenged could make a Small Claim. However, that involves a high risk for the bailiff firm, because unless the bailiff has complied with the law, they may lose. The costs would easily be more than the £24.50 or £42.50 that they are trying to collect. So they don't bother. Plus, there is a high probability that their bailiffs have NOT complied with the law - in a small claim they have to provide evidence to support their claim - not easy in a Wild West environment.
  19. No of course not. The bailiff now knows that you know his rights, and will be less inclined to bash his head against a brick wall. He is used to dealing with people who don't know their rights and even if they do, are too scared to demand them. He now knows you are not one of those. He may try again, but you have the law on your side, and he knows it. Keep your resolve and don't give an inch - he wouldn't, so why should you!
  20. Oh by the way, my finances improved during the property boom, and I paid all the others off within 3 years of the original default.
  21. What you do is simple. How you do it is up to you, because you can either do it yourself, or get help from the CAB to do it. Add up everything that you owe to unsecured creditors.=A Do an income and expenditure statement to work out how much you can afford to pay them sustainably.=B Divide how much you can afford to pay (B) by how much you owe to all your unsecured creditors (A) to get C. Multiply C by the amount you owe each creditor in turn. That will give you the amount to offer them each month. If they accept it fine, if not don't worry -- they can always take it to court, where your offer is likely to be accepted. I've been there, and I did exactly what I said; all but one firm accepted the payment offer. The firm took me to court, and the court ordered me to pay them five pounds a month. That was 10 years ago, only 33 years to go.
  22. Now you know why we check through the window first It wasn't Park Road by any chance was it? Absolutely not. E-mail him, don't phone, that way he can't complain that nobody informed him -- because the council certainly won't.
  23. I don't see why not, but make sure you know what it is you are saying. Don't say anything you don't believe and are not prepared to do. Don't just send it for effect. If you make a threat you must be prepared to carry it out and take whatever consequences may arise. I'm not trying to frighten you here, just want you to focus on what you are doing. I've been there, done that. So now I don't gamble - now if I put it in writing or say it I really mean it.
  24. Ahhhh, right. Well if you have a copy of the info on the account, which should be a "contemporaneous" record, and not fiddled with, it should give enough info for a form 4 complaint, or at the very least an informed challenge to excessive fees or fantasy levies that never actually took place.
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