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brooksby

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About brooksby

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  1. Thank you for your response. I have requested this information but the bailiffs or council are not giving me any time. A Bailiff turned up at my house today to impose a further charge of £235. Can anyone clarify if the following is correct If I moved from the property longer than 6 years ago and the bailiff is collecting a council tax bill from over 6 years ago and the liability order is made out to my old address than under Section 23 and Section 33 of the Council Tax (Administration and Enforcement) Regulations 1992 or Section 2 of the Limitation Act 1980 The council tax debt dies. The liability order cannot be used to recover a debt at a different address than the one shown. A fresh liability order cannot be granted for a council tax liability that is more than six years old.
  2. I've just got off the phone to Bromley and i must say it wasn't the nicest call i have ever had. Here's my transcript of the conversation DJ = Me Spoke to someone named Rob, Rob refused to give surname, agent id or any call Reference. DJ advised I was not at the property at the time the when Bromley claim that I was there, DJ advised that I had been approached by JBW Bailiffs in regards to the outstanding balance and had at least 10 email conversations with them with the last letter received from them advising they will be taking goods the letter states from the 6th Apr The taking goods act will be implemented. DJ advised that JBW advised that I need to prove I was not at the property at the time but the debt is over 11 years ago and I don’t have any information regarding my whereabouts as I moved in with my father and all the bills was in his name. Rob advised that it is up to me to prove that I wasn't there, DJ asked how I could prove it?, DJ advised that I was in prison at the time from 2002 – 2003 but that’s not the time that the bailiff’s are claiming fo they are claiming shortly afterwardsr. Rob advised that’s just the part that’s been given to them, there’s also another part totally over £600 that is outstanding between David James (Me) & Mr A Duffly (Ex House mate). Rob asked DJ to get in contact with A Duffy, DJ advised that I’m no longer in contact with him and have no contact info, Rob told me to try and find him on Facebook or Twitter. Rob advised that the period for the other £600 is in 2002 so if I had something from the prison to say I was there it would cancel out some of this. DJ advised that I would need time to sort this out and I would need them to put a stop to the bailiff’s why it was being investigated, ROB advised he cant do this and I have had long enough to deal with it, DJ advised that I received the first letter on the 26/03/14 which was the first time I was notified, ROB advised the cancel has been writing to me for years to get it resolved, DJ asked to what address, Rob advised to the originating address and confirmed 13 High Street Bromley, DJ advised I haven’t lived at the address for years and this is the address where i am disputing where i wasn't and that's the address the correspondence was going to . Rob advised to make a payment to the council and the bailiffs why it’s getting investigated and claim the money back, DJ proposed £1 per month whilst the investigation continues, Rob declined and said it could only be split over 6 payments so would require £115 PCM, DJ declined. DJ told Rob that I didn't live at the address at the time and needed time to sort it out which he could not give and would not tell the bailiff’s to stop any action and was up to me to provide information. Rob started to get aggressive. DJ asked to speak to his manager, Rob declined advised he can’t do that, DJ asked if the call was recorded Rob advised it is not. DJ asked if I wanted to speak to someone to make an official complainant then how do I go about it, Rob advised to put it in writing, DJ advised I need to sort it now due to further action that’s about to take place from the Bailiffs and that I needed to speak to a manager, Rob said that I can request a call back from a manager within 24 hours and the manager would listen to the call and then call me back, DJ advised listen? I thought the calls were not recorded, Rob said they are not but they are errr only internally err no only on the notes DJ requested a call back Rob advised ok but it’s not guaranteed ,DJ advised that you (Rob) just told me in order to speak to a manager I would need to request a 24 hour call back, DJ asked can I come down and speak to someone face to face to resolve the matter quickly, Rob advised yes but no appointments are available until the end of April, DJ advised I need to sort this out asap, Rob advised there is nothing he could do, DJ requested to speak to his manager again but rob declined advised he can’t do that I would need to request a call, DJ requested a manager call me back on my mobile (Rob then cut me off) End of conversation. Guys I'm trying to sort this out but I'm not being given enough time to try and find evidence from 11 years ago. I have spoken to the Prison but that cant provide me evidence over the phone, I need to request the information in writing, the prison service game me an address to write to. But again this will take time. What do I do?
  3. Thank you for your response. I contacted them again and yes i have clearly stated the date that i was not at the property. I have contacted them and asked them what i should do in order to resolve this but again they come back with to find proof and are not giving me any directions on how to resolve it. The last contact I had from them was on Thursday then yesterday i received a letter saying i hadn't been in touch and that I have 7 days from the date of the letter to make a payment otherwise a repossession order would be issued and i would have to pay £235 on top of what is outstanding. The date on the letter was the 1/04/14 and I received it yesterday 06/04/13 which gives me only a day to sort it. When i spoke to them on Thursday I told them i would be contacting the council but now they are pushing me without giving me time to try and resolve it. Any help would be appreciated.
  4. I don't have details for the Landlord any more. The property was privately rented and I had contact details for him at the time but I no longer have any details for him, he moved to Ireland where he was originally from buts that all I know. I didn't inform Bromley Council that I was leaving the property but had to show the landlord that the council tax was up to date and paid before we completed the end of the tenancy. The time period for the amount being claimed is 1 Apr 2003- 30 July 2003. I have no proof that I was not here, I dont have any documentation going that far back for anything let alone council tax. I wrote to JBW again after receiving another letter which stated they were preparing a case to return the matter back to the magistrates court with a recommendation of imprisonment. Good morning Thank you for your response, I am eager to resolve this as soon as possible but find it difficult providing evidence that I never lived at the property at the time London Borough of Bromley claim I was there. I have asked you twice now on how I get this resolved without any evidence that I never lived at the address 11 years ago at this time but you keep repeating yourselves and telling me the onus is on me to prove was not at the property at the time. I have explained I have no proof of this and have asked knowing there is no proof how can I get this resolved but you then repeat that I need to prove I was not there at the time. How do I resolve this without the proof is what I'm asking?. My first knowledge of this alleged outstanding balance is when I received a letter from your company on the 25/03/14, since then I have been in constant contact with you in order to attempt to get this matter resolved however I returned home from work yesterday to find I have received a further letter from yourselves which quotes; "You have ignored numerous opportunities to clear your arrears by instalments which has given us the grounds for our recommendations. I have not ignored the matter at all but have tried To deal with this promptly after I received the initial letter on the 25/03/14, I have been in constant contact with your company to try and resolve the matter with the first contact date being made by myself to you on 26/03/14. You also states in your letter that an application will be made to the Magistrates court due to Wilful refusal to pay and / or Culpable Neglect. I have not wilfully refused to pay nor have I neglected the situation but I claim I was not at the property at the time when Bromley Council claim. Please please please could you give me some guidance on what I need to do to get this matter resolved. Who do I need to speak to? Do you have contact details for Bromley Council that I could look into this matter? etc. I look forward from hearing for you. Thanks Mr James. They responded by asking me to contact anyone that could prove i was not at the property at that time and they really couldn't recommend who to talk to as each case is different. I just want to get it resolved but I feel were just going around in circles.
  5. I remember my address just dont have any proof of it. I moved back to my parents address at the time
  6. Ok, Thank you for your reply. Do you think it is worth me contacting the local authority and asking them to provide any documentation that relates to that property?. i just don't know what to do without any documentation to say I wasn't at the address at the time of they are claiming. Its basically their word against mine.
  7. Good afternoon, Hopefully someone can give me some guidance at what i can do to resolve a matter i have with JBW group. On the 25/03/14 i received a letter to my address that stated I owed £354 to the London Borough of Bromley for council tax. I contacted JBW via email and asked what and when this was related to, They responded giving me the address of the property and the time period which dates back to 2003. I advised JBW that i don't know anything about this debt and was not at the property at the time the outstanding amount it for.They replied with the following "Dear Mr James, It is down to yourself to provide evidence of this to the issuing authority if you claim that you are not liable as a liability order has been issued against you. Best regards, JBW Group." I do not have any information going back nearly 11 that shows i didn't live at that address at the time so I sent them the following "Dear Sir/Madam Ref: 2171642 You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to London Borough of Bromley. I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. We look forward to your reply. Yours faithfully Mr James" They have responded with "Dear Mr James, JBW have a liability order that has issued you as the liable party. If you wish to obtain a copy of this, please request this from London Borough of Bromley. JBW will not be ceasing enforcement as we have been instructed by London Borough of Bromley and work under the authority of a liability order. We again reiterate, if you claim you are not liable please provide evidence of this as the onus is on you to provide this. Best regards, JBW Group." If I cannot prove that I was not at the address at the time what do I do? I have no paperwork going back 11 years for anything. Any advice would be welcomed. Thank you David
  8. Good afternoon, I have just got off the phone with the DVLA to request a new Tax Disc, i applied for my tax disc on the 13/06/13 on-line but didn't notice the box that asked if my V5 Address was the same as my current address and just automatically ticked it and continued with the transaction. At the end i realised what i had done and phoned the DVLA immediately but they advised there is nothing they could do, i would have to call then after 5 days but i should send in my V5 Cert with my new addess in, so today i called them they advised me that i would need to go to my local DVLA office with a V62 cert my reg number from my tax application and pay £25, i asked what the £25 was for and he advised me it was because i sent in the whole log book and i should have only sent in part of it, i advised that it said it on the form he told me i was wrong, i then asked how the charge of £25 was made up he advised the replacement and administration for a new log book. After the call i went on the DVLA's website and found this below. Have i overlooked something? "Change your name and address on your V5C vehicle registration certificate (log book) Not what you're looking for? ↓ Make the changes on your V5C registration certificate and return it to DVLA. Write your new name and/or address in section 6 of your V5C (you can’t give joint names or Post Office box addresses). Sign and date the declaration in section 8. Send the whole V5C to DVLA, Swansea, SA99 1BA. You’ll get a new V5C free of charge, usually within 4 weeks. Allow at least 6 weeks before contacting DVLA."
  9. I have got it put on hold for 28 days now whilst i am disputing it, i have to contact my local court who can advise me the next steps of action
  10. I'm not sure at present, all that I have is a letter from the enforcement agency, they haven't providing me much information only the outstanding balance, so i contacted the DVLA through their on-line form and i got this back from them below. It asks me to send me in full details of my mitigating circumstances in writing which I was going to do but wanted to get some advice first. The DVLA says its for a SORN not being made but the Collectica Enforments letter says its for the offence "Vehicle - Previous Keeper fail to send Ref Doc to" Dear Mr James Thank you for your email received on 17/6/13. Your email reference number is xxx. A penalty has been issued to you as our records indicate that you were the registered keeper of a vehicle which has been untaxed without a Statutory Off Road Notification (SORN) being made. Penalties are only passed onto debt collectors to pursue if the DVLA receive no response to the original penalty letter. Great care has been taken in selecting the Debt Collection Agencies. They are all professional organisations that adhere to the Credit Service Association, Office of Fair Trading Guidelines and the Data Protection Act (DPA). You state that you no longer have the vehicle; however, you remain liable for the penalty unless you have received a disposal confirmation letter dated before the date of the offence. For our records to be amended you must write to the address below so that our records can be updated. You will need to provide, • date of disposal • new keeper’s name and address • your signature • Registration number, make and model of the vehicle You should receive confirmation of disposal within 4 weeks. If you wish to make a payment in relation to the penalty you are able to by one of the following methods: • by debit/credit card, by calling 0300 790 6808. Please note this is a payment only line. The Agency regrets that it is not possible to challenge this penalty by telephone or email • by cheque or postal order payable to ‘DVLA’. Please write the vehicle registration number on the back of any payment and return it to the address quoted on the letter If, however, you wish to appeal against the penalty and feel you have circumstances relating to the alleged offence that you wish to bring to the enforcement officer’s attention you must do so in writing as a signature is required. Please send full details of your mitigating circumstances to, DVLA D12 Swansea SA99 1AH
  11. Good afternoon, 'Im hoping someone could give me some advice on an offence i have received from the DVLA On Friday I received a letter in the post from a enforcement service company named Collectica "Notice of Distress Warrant" for the amount of £390 the letter didn't give me that much information so i called them and they told me that it was for a previous vehicle i had sold but not informed the DVLA but I have never sold a vehicle in my life, he told me it was from my previous address which i moved out 2 years ago and there was also a court case that happen in Apr 2013 which I did not attend due to me not knowing there was a case. I contacted the DVLA who informed me of the details of the vehicle, it turns out it was a vehicle that got scrapped 2 years ago, or that's what I thought. I Lived in a block or purpose built flats with underground parking and a dedicated parking space, i had and old motorbike there that needed some repair work, although the space is not on a road and in private accommodation there was a rule i didn't know about that says all vehicles in the car park had to be taxed which this one wasn't so the parking company removed my motorbike and asked me for money to get it back or it would be scrapped, I advised to scrap the bike Which he seemed shocked about but agreed, a month or so later I move house i changed my licence with the DVLA to my new address but didn't tell them of a new registered owner as i believed it had been scrapped. What should i do, the £390 is quite alot of money to pay which i believe is mainly charges/court fees and enforcement fees. Any help would be appreciated. Thank you in advance.
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