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yellowcakeuf6

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About yellowcakeuf6

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  1. I have received a letter on each occasion telling me they have applied, when and where the warrant will be applied for.
  2. I haven't been on CAG for a while for the last 18 months I have had an ongoing battle with my electricity/gas supplier who have applied 3 times for a Right of Entry. Each time I have attended the magistrates court to contest the application and on two occasions it was refused and on one withdrawn . I just wanted to say it can be done and if you present your case calmly give an overview, a chronological history of who said/did what and when, actions you have taken, what you would like to happen and a conclusion, then the magistrates, at least in my experience, seem to appreciate you bothered to turn up and came down on my side. The three Enforcement Officers, all different, applying for the warrants at court have all been pleasant. One was so surprised I had turned up he said he wasn't going to apply for the warrant as he knew nothing about the back ground to the the issues surrounding the warrant application, so withdrew it. The second time, I went on the stand and the enforcement guy beforehand was actually very helpful. The third time he was OK but had a slight whiff of bailiff attitude about him. All three were woefully ill prepared and did not seem to have any information beyond they are there to gain a warrant. On the three occasions I have attended, I have been the only person with a warrant application for Right of Entry to have turned up. From what I saw the magistrates ask some very cursory questions and rubber stamp all the warrants. So my advice is take courage, go to the court, put your case and fight your corner even if it is just to by yourself some time.
  3. OVO application for warrant cancelled. Long litany of errors and cock ups by OVO ended up with me attending court to oppose an warrant allowing entry to put in place a smart meter (which I have now learned we are all going to have to have whether we like it or not!) and repayment meters. The usher was completely fazed when I told her I was opposing a warrant. She didn't have any details, didn't know who I was or who was attending from OVO. I then had a bizarre conversation with another agent who was applying for two warrants, where he said if the OVO agent doesn't turn up by 9.45am, go home! Mr OVO did turn up late. I explained why I was opposing the application. He admitted he hadn't seen the details of my case and knew nothing about it and therefore couldn't stand up in court and be cross examined. He was going to cancel it and suggested I talk to OVO, sort it out and be persistent, as they had refused to accept a payment plan by direct debit. So felt vindicated leaving the court. One question though; as this billing issue goes back to September 2012 and OVO seem to have 4 dates where they think I took over the supply 1/9/12, 24/9/12, 12/11/12 and 3/12/12, have a final reading for dated August 31/8/12 but admitted they have no idea where it came from and when exactly it was submitted! I was led to believe they can only chase you for the previous 12 months supply. Is this correct?
  4. Hilarious. I spent 3 months trying to get the OFT to tell me if a bailiff needed a credit licence/s. Their responses, to summarise, were: We can't tell you that, it all depends, we don't know ask someone else. Based on the answers they gave me, I wouldn't get very excited.
  5. In December 2012 I sent the OFT an email asking what CL a bailiff recovering council tax required. I had a look at their website and various downloads but it was very non-specific. Here is the thread: 1. From: DH Sent: 04 December 2012 11:38 To: Enquiries Subject: Credit Licence required for a bailiff Dear Sir/Madam, If a bailiff is collecting domestic council tax arrears does it require a licence? If the bailiff enters into an agreement with either the council or the debtor to collect the debt over a series of instalments, again is a licence required? Regards, DH 2. From: Enquiries To: Cc: Enquiries Sent: Friday, 7 December 2012, 15:40 Subject: RE: Credit Licence required for a bailiff #yiv1740722341 p { margin-top: 0px; margin-bottom: 0px; } Dear DH Thank you for your email of 4 December 2012. Please find our response attached. Yours sincerely RH OFT Enquiries and Reporting Centre (This contained a letter as a PDF telling me they could not comment and to check their website) 3. From: Sent: 07 December 2012 15:52 To: Enquiries Subject: Re: Credit Licence required for a bailiff Thanks R, I checked those leaflets before I contacted you (The link in the PDF does not work by the way) The letter is not really very helpful to be honest. So can you give me a definitive answer please? Can you let me know if a credit licence/s are required for a bailiff collecting domestic council tax arrears if the bailiff enters into an agreement with either the council or the debtor to collect the debt over a series of instalments is a licence required? I am not a bailiff. Thank you, DH 4. From: Enquiries Cc: Enquiries Sent: Friday, 21 December 2012, 13:17 Subject: RE: Credit Licence required for a baliff Dear DH Thank you for your further email of 7 December 2012. Please find our response attached. Yours sincerely R H OFT Enquiries and Reporting Centre (This contained a very similar PDF letter as before telling me they could not comment and to check their website) 5. From: Sent: 21 December 2012 14:34 To: Enquiries Subject: Re: Credit Licence required for a bailiff Dear R, Thank you for your swift response. You will excuse me when I tell you that I am sensing deja vu! This is almost the same letter that you sent last time round, which, no offence intended, was of no use at all. I have indeed viewed the pages you suggest before I contacted you on the 7th December. They were unfortunately too vague to be of use. If the OFT cannot advise on whether or not a business or individual needs a licence, nor provide specific advice or comment on individual credit licence requirements how does anyone know whether they should be licensed not? Regards, DH 6. Fri, 11 Jan 2013 at 16:41 11 Jan RE: Credit Licence required for a bailiff Dear DH Thank you for your further email of 21 December 2012. Please find our response attached. Yours sincerely RH OFT Enquiries and Reporting Centre (This contained yet another letter as a PDF telling me they could not comment, it depends what the bailiff is doing, which I told them on the 4/12/12, and to seek legal advice) 7. From: DH Sent: 11 January 2013 17:42 To: Enquiries Subject: Re: Credit Licence required for a bailiff Thanks. That answers a question I didn't ask. But progress none the same. My original question was: 'Dear Sir/Madam, If a bailiff is collecting domestic council tax arrears does it require a licence? If the bailiff enters into an agreement with either the council or the debtor to collect the debt over a series of instalments, again is a licence required?'. The answer I really need from you is, if a bailiff enters into a contractual agreement with an individual to collect council tax arrears by instalments, is a Credit Licence required? Surely the answer is either yes or no? Fourth time lucky? Regards, DH 8. Ref: EPIC/ENQ/E/138592 Dear DH Thank you for your further email of 11 January 2013 to the Office of Fair Trading (OFT). I would like to apologise for the delay in responding to your enquiry. In reference to your further enquiry, we have liaised with the Credit Guidance team who have provided the following guidance. The OFT can only provide general guidance on the requirements of the Consumer Credit Act and cannot give specific advice on individual matters. Nor can it comment on specific scenarios as outlined within your enquiry. Therefore, the OFT cannot provide you with the definitive yes or no answer you have requested as it may depend on how the instalments will be arranged, how many instalments there are, whether interest is charged and so on. As we have previously suggested, if you require guidance or advice in relation to your particular circumstances or a specific scenario, you may wish to seek independent legal advice. I hope that this response clarifies our position in respect of your enquiry. Yours sincerely F A Enquiries and Reporting Centre Office of Fair Trading .....So there you go, don't bother asking the OFT as they haven't got a clue. What a joke!
  6. I haven't been on here for a while as I have been fighting my council and Jacobs, but last week, after 4 months or fighting, the council finally agreed to withdraw my account from the bailiffs, accept affordable monthly payments direct to themselves and to refund a set of bailiff fees (double charging) So it just goes to shows if you follow the advice on here, stick to your guns and refuse entry, refuse to talk to the bailiffs and make payments to the council only, you can get results albeit it takes a few months. Most appreciative of the assistance and advice on here. I found CAG
  7. Obviously your choice but I am sure a duplicate statement is cheaper than £348. However if you let them bully you into paying you have let them win.
  8. I really don't understand why you are paying the council anything. If you can prove you paid the council already why are you paying them more money. If you have paid and you can prove it the onus is on them to sort this out as it is their error not yours. Again if you know what account it was paid into when you paid is a good starting point. Have you any confirmation from your bank that the payment went into a Council account? As for the bailiffs don't let them in, don't sign anything and they can't touch you. Follow Jambersons advice and make sure you tell the council that their warrant is out of date and cannot be reissued and ask for a refund of the £112 you have just paid. You also need to ramp it up and complaining formally to the council and get your ward Councillor and MP on your side. You can't let them get away with this.
  9. You need to talk to your bank. Exactly how did you pay the council? Cheque, transfer, online payment etc What account did it get paid into? Was it the right account?
  10. Thank you for that. There is something wrong with the law when a council can take a liability order out against you but you do not even have the right to see the paperwork or check it for accuracy
  11. Thanks for the reply. Yes I do want to challenge the courts costs hence why I want to see the liability orders but also as a matter of principal. Jacobs claim that as they are not debt collectors and therefore they do not require a consumer credit licence. I will certainly mention Blaby in my next communication, thanks.
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