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tallulah59

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  1. Hi there, Sorry, I think I've made things a bit confusing. The HCEO visited exactly a year after the claimant LOST a separate case against us when he trid to con us out of £12,000. He actually admits twice in his own witness statement that he knew he had given us the wrong finance agreement. I mentioned this to highlight the fact that this person is quite happy to pursue customers using, to put it politely 'misrepresentation'. He should never have won the first case and the fact that he admits wrondoing proves this. At the time of the second court case, he knew that I had not made any payment to him for over a year but did not mention this at all. I believe he brought the second case on the back of his first 'victory', knowing that most judges know very little about business contract law and hoping to extract a further £12,000 from us in the process. When that failed, he waited a further year before issuing the writ, which is dated December 2011. Sorry for going on, but I hope this explains things a bit, and thanks!
  2. Hi, Thanks for the replies. I'm afraid I stopped paying in October 2009. The CCJ was from the previous year and all payments were up to date until my mother died (I may have made a couple of further payments shortly after, but my bank statements are incomplete). I first posted about this case in 2008. The claimant tried to claim over 2k in costs and the case was for an indemnity fee which he claimed I owed him. I disputed the claim on the grounds that I was not given a copy of the agreement and it was an unfair penalty (it was connected to a car loan) but I lost the case. The charges were eventually reduced to less than £300. To cut a VERY long story short, I was in such a state over my mother's death (yes, I know I did the 'head in the sand' thing) that I forgot to make the payments and figured I would get a firmly worded letter asking me to pay the arrears. This didn't happen and in my depressed state I stupidly hoped that the claimant had decided not to pursue the matter. Things took a nasty turn when he then repossessed my husband's work van du e to missed paymentsand tried to sue us for nearly £12,000 last Christmas. The case failed in court and the judge blasted him for deliberately miss-selling us an unenforceable finance agreement. His claim and costs (£5k this time) were dismissed. That was exactly a year to the day of the HCEO visit just before Christmas. The claimant is also fully aware that I suffer from depression as this was outlined in both cases. I am now terrified to be in the house on my own and am even scared to go into the yard for coal in case bailiffs are lurking. I have nothing anywhere near the value of the debt, given what things fetch at auction, and we are on a low income so my best hope is that my offer of repayment is accepted. Thanks for the advice, will post news when I get a response.
  3. Hi there, Last week a HCEO visited my house and stuck a Notice of Seizure and Walking Possession Agreement through the letterbox. He did not gain entry to the property. It was over a CCJ that I had not kept up repayments on (my mother died on the day I made the last payment and I just fell apart). What I'd like to know is: can they 'seize' my good without peaceful entry? (I have no intention of signing the WPA). The list said 'all household goods' and included the fridge and cooker. Can they also charge what they like for pushing two pieces of paper through my letterbox ? (£1351.46 to be exact, for a debt of less than £3000) I will contact the court and fill in the necessary forms to try and put a halt to any further enforcement action and make a repayment offer, but in the meantime would like to know if I can do anything about the WPA and huge fees, If anyone can help, I'd really appreciate it:-)
  4. Hi, Yes, I arranged the funeral. My mother stopped using the bank account in 2008 after I gave appointeeship to social services. The reason for this is because she had daily carers and they needed access to money for food etc. as she suffered from dementia and would often throw things away. I could not get across more than two or three times a week, therefore was happy to allow my mother's council's social services department to deal with her finances. They also tried to hang onto a small amount of money but relented and gave me half when I threatened them with the police, believe it or not! (they are still hanging onto the other half). The problem I have now is that I can't afford to pay for legal advice up front and no-one seems able to help.
  5. Hi, Just wondering if anyone has views on banks hanging on to money in deceased customer's accounts. My mother died in 2009 leaving less than £3000 in her Barclays account. As her daughter, I expected to close the account (I did not know how much was in it) as I didn't want it left open for fraudulent purposes. Barclays refused to say how much cash was in the account, but assured me that upon receipt of ID, the death certificate etc. they would close the account and transfer funds into my bank account. I have one sister who I have lost touch with, but I gave the bank her details and last known address and explained that both myself and the council had tried to trace her without success. I gave them copies of letters to prove this. They said that it didn't really matter as I could sign an indemnity so that if my sister came forward, the bank would not be held responsible for any funds released to myself. I wasn't too perturbed as I thought there was only a few pounds in the account. However, after hearing nothing for some time, I rang the bank and was told that there was over £2800 in the account and they would not release anything without 'letters of administration'. I pointed out that I was on an extremely low income and could not afford to pay a solicitor for this, nor do I have the funds or knowledge to apply for probate myself (the estate was worth over £5000 before funeral expenses etc). I asked if some money,half of which was legally mine, could be released to assist with solicitor's fees, but was met with a resounding "No". So there we have it....Barclays get to keep my mother's money and we can add graverobbing to the list of vile misdeneanors committed by these repulsive leeches! I think it is about time this disgusting practise was publicised and was wondering if anyone else has had a similar experience. God knows how much money is being diverted from dependants where it rightly belongs.
  6. Hi there, Thanks honeybee and papasmurf. I have contacted the other side and asked them to correct the information, but they have ignored my request so far.I have spoken to the ET and they have suggested that I put the issue in writing and they will respond. I am unsure of some of the correct details as the rep is refusing to provide the correct contact details for the organisation. He has already told the chairman at an earlier CMD that the case is not being handled by my partner's employers directly (they and their HR rep are named on the ET3 as 'contacts'), but by someone from head office at the other end of the country. Both he and the Respondent have refused to confirm this in writing. The rep has also refused to speak to ACAS (I know that this is a matter of personal choice, but it would be common courtesy to respond with a 'no thanks, we're not interested' rather than ignoring phone messages which had been left). I strongly believe that the correct details should have been given by now. I will contact the ET soon to explain my concerns and hopefully get these issues cleared up. Cheers, Tallullah
  7. Hi honeybee, I am representing my partner. It is the Respondent and their rep I am having problems with. Obviously, I am not going to name anyone in an open forum. Hope this helps, Cheers, Tallullah
  8. Hi There, I’m representing my partner in a tribunal claim against a particularly unpleasant employer. To cut a long story short, they have given incorrect contact details on their ET3 (which was handed in late for no good reason, but accepted anyway). I believe that these details have been entered as a delaying tactic. I have been sifting through mountains of information and have rang both ACAS and my local tribunal for answers to the following questions: Is it OK for the Respondent to give contact details which they know are inaccurate on the ET3? Can they be ordered to correct them? If I require further information, do I always have to go through the representative or are there occasions where I can I contact the employer directly? I appreciate that it may seem appropriate to go through the rep, but there appears to be nothing in the Tribunal regulations to prevent me from asking for information directly from the employers, especially as the rep is ignoring my requests for information. If anyone is having similar problems, I would appreciate some sound advice. Cheers, Tallulah
  9. Hi, Thanks. Have added link to my favourites and will have a good look at it. Of the three who attended, number one showed ID, number two skulked around trying to hide his face as I filmed on my mobile He was not on register, and isn't on now unless he has changed his name, number three, who was truly the most obnoxious piece of s**t I have ever come across in my life, claimed that he wasn't even a bailiff and had his own limited company (I have some of this on film). He was on the register and his employers was named as Jacobs. He is still on the register now, but his employer field is blank. Tallulah.
  10. Hi, Yes I have, and it's very interesting! I am planning to use some of this info in my reply to the LGO. I have emails from the council saying that I should 'contact the bailiffs and arrange to pick up the vehicle'. I told them to get stuffed (politely, of course) and get their henchmen to return the vehicle to my mother-in-law at THEIR cost. They did so, but feebly claimed that it was only as 'a gesture of goodwill'. Both the council and the LGO do not appear to have a clue about illegal levying of goods. No wonder the criminal bailiffs run rings around them. They even manage to make these slimy maggots look slightly more intelligent than themselves (only slightly, though!). Tallulah
  11. Hi, Thanks for that, I will SAR Jacobs and the council a.s.a.p. The reply from the LGO is full of inaccuracies (They claim that Jacobs took the goods immediately because my husband had told them he was closing the business and they 'feared' they wouldn't get paid, which is an outright lie). The LGO also mention the fact that it would have been better if the bailiffs had contacted the DVLA before illegally seizing my mother-in-laws vehicle, which was parked outside the factory, but the decision to release the car and waive the fees 'appears reasonable in the circumstances'! They only did this because I bombarded them with emails and threatened them with legal action and no uplift fees were waived, only the 'fees' for the return of the vehicle which the ignorant b******s tried to get ME to pay. Have received a reply to my foi from the council saying that they will contact me within 20 days to comply with my recent request. Tallulah
  12. Hi, Thanks PT and Hallowitch, I'm about to leave for work so won't be back online til around 7.30. Will take all your good advice on board and act on it (emailed the council this morning under the FIA to find out which firm of bailiffs got the tender which they advertised in January 2010. Couldn't help chuckling when I noticed that the new contract started on April Fool's day). All of the fees were done on the same day. They simply turned up and handed my husband a bill for £1,647.67. He offered to pay the original amount plus the attendance fees which came to around £700 but the council refused to accept this. Tallulah
  13. Hi, just tried to reply to PT's question but was distracted and got logged out! Yes. I have a breakdown of costs. They are as follows: Rates due: £443.12 Visit Fee: £24.50 Schedule 5 Header Charge: £24.50 Removal Fees: £150.00 Attendance/Van: £150.00 Walking Possession: £12.00 Levy Fee: £39.00 Quickfit Removals, low loader for oven: £220.00 Eden Transport, for other goods: £70.00 Electrician, disconnection of the oven: £75.00 Bailiff Waiting Fees: £439.55 Total: £1,647.67 Now for the bad news. The reason I was distracted was because I have just received the LGO's response (uncanny, since I have tried not to think about this situation for over a year and as soon as I mention it in a forum I get a result). It's not a good one but at least it is provisional so I can challenge it. Basically, they are using the old chestnut that another remedy was available, i.e. we should have paid the whole amount and then challenged the fees in the Magistrate's Court. British justice, eh? How can you be charged removal fees for someone NOT to remove your goods? Will battle on though, as a lot of lies appear to have been told. Haven't confirmed the bailiffs status with ministry of justice but I need to dig up some info on the one who wasn't on the register. Tallulah
  14. Hi, Tne vilest of the three has no employer listing, but is still registered, the one who claimed to be in charge is working for Phoenix Commercial Collections Ltd. and the other numpty, who tried to hide his car number plate, has never been traced on the register, although I have an email from Jacobs claiming he was a registered bailiff. Tallulah
  15. Hi, Yes, I haven't posted for a while as I am still waiting to see what the LGO are going to do. I was also a bit suspicious about giving too much information as I know bailiffs use forums like this. The fact that all three bailiffs who closed down my husband's business (including one who could never be traced on the register) have now 'left' Jacobs has cheered me up no end. Tallulah
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