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Everything posted by eliza-gabriella

  1. >42 man will do. We only moved to the current place last year....silly people!! >silverfox1961 Shall I not mention that to them yet? Why? When exactly shall I point out to them then???
  2. Hi there, I always appreciate any advice I get from this forum. I have sent 2 CCA letters to Lowell (rgd Egg) and Hampton (HSBC) and got reply letters from them (actually both Lowell anyway) recently. But their reponses are rather different. One for Egg, they sent 2 letters separetely. One is an official reply letter attached with the original letter they had supposedly sent to us to inform when they took over the debt from Egg in Nov 2008. The thing is, I can point out to them when I send "Acount in despite" letter back, this letter was fabricated as it has our current address but WE DID NOT LIVE HERE in 2008. We lived at the different address. They only created this letter just now. The other letter was the standard payment request letter with how to make payment with brief words acknowliding our CCA request with CALL US with any questions message. Anyway from these letters, it sounds like that they think they may not find the original CCA in time, just politely asking us to be patient enought to wait while they are wainting for CCA to be sent from Egg. I quote here; "We will do our best to send you the information you asked for within 12 working days but this does depend on then your original lender can send it. We will let you know if we do not hear from them in time". Whereas the other reponse letter for HSBC/Hampton/Lowell, they did not even bother to send a formal reply letter. They just sent us the usual how to make payment information letter with brief words saying "News on your credit agreement request: We have been in touch with HSBC bank about the copy of your credit agreement. They have let us know they are trying to retrieve the agreement from their archive. Once you have seen your credit agreement, WE WILL ASK YOU TO PAY your outstanding balance IN FULL." It sound almost threatening..... These responses came from the same Lowell (though one is about Egg, the other HSBC), their tone is totally different. I am now trying to draft up "Account in Dispute" letters since they did not manage to send me the original CCA within the time frame (12 + 2 days) that they were legally obliged to but shall I send the same template letter to them ? Anything I should add apart from the standard response in this situation? I would apprecaite any help from any one. Thank you.
  3. Result!! Finally I managed to sort this out!!! Thanks to all of you here. The council agreed to take our a/c back as the Warrant of the Execution is expiring and told us that we wound not be chased for the outstainding fees by Newlyn (or by council) anymore. It took ages but in the end result!! Thanks again for all and have a great christmas!
  4. HI just one question; to file TE7 (and TE9), is there the application fee? I have got the forms and on some other website it says the fee is £35 but cannot find the info on TEC website. I emailed them but no reply (they did send me the forms) and phoned them but could not get to speak to humans as I was asked to punch REf number which I do not have. I would appreciate your advice, as always.
  5. Hi Thanks tomtubby. We have received another letter from Newylin; they finally revealed the name of the bailiff who is certificated and still insist; >I will advise you that a Warrant of Execution is not fully discharged until you have paid the full balance which includes the fees charged by Newylin plc for enforcement action. >It is NOT illegal for Newlyn to pursue you for fees and whilst further enforcement action is taken to clear the outstanding debt you may incur additional fees. So is it not ILLEGAL??? They said that they had visited our house 3 times and left letters but there was no letter left. Only first letter and the 2nd letter which was sent to us a lot later than the dates they claim that the bailiff had visited. Thanks and we willl send a letter to Council.
  6. >ploddertom Thank you for your advice. I am writing a complaint letter to the council. Newlyn has also sent about 40 txt messages saying Bailiff coming and your goods will be removed in 1 hour etc......this must count as harrasing! >tomtubby Thanks. It's Camden (no I am not the resident). I do not know why Newlyn keep sending removal notice letters saying "XXXX to the auction value of GBP214.44 for non-payment of Road Traffic Contravention" when we have a letter from the council saying that they did receive the fine (but telling us to talk to Newlyn about the possible fees that may have occured..).
  7. Dear All Believe it or not, this is still on-going......as the previous threads suggest, I got the letter from the council saying that they had received the fine and our case had been declared closed when we made payment for only the fine (not the fees), Newlyn is still harrasing us. The council letter says that we should talk to Newyln about the possible fees that may have occured regarding this parking fine, as we all know, their doubious fees for visiting the property is a pure fabrication. I have sent 3 letters to them based on the all the kind advise you guys gave me, but Newlyn never managed to prove the visits and yet have been threatening us saying they will still enforce the outstanding Warrant of Execution, which if I correctly understand should be illegal. Should I just ignore the (final) removal notice letters that keep coming or write another letter?? My husband talked to them on the phone but ended up with just arguing with the manageress of the admin. Ever since then, they are more actively sending these letter, almost frantically. (I believe whatever my husband said must have touched her nerve). I feel that we had done whatever we could and now feel at lost about what to do with them.
  8. Thanks Tomtubby, you quoted doo's dauther's case but I presume this applies to our case as well. They have not enforced the warrant of execution YET though they threatened that they would in the letter. What exactly shall I write back to them? Shall I write quoting from your post, pointing out 1)if payment is "tendered before seizure" that the bailiff company CANNOT issue civil proceedings against the debtor to recover their fees. 2) if they do use the Warrant to enforce payment of their fees that you will not hesitate to make a formal complaint to the Office of Fair Trading and to the Chief Executive of the local authority. Is that enough?? What more should I add if there is any? I am so hopeless at this legal thing so any advice would be very much appreciated by me and others in the similar situations. Thank xxx
  9. >hallowitch Thank you for your quick posts. 1st one, I am not sure because one of the house mates opened the envelop by mistake so we only got the letter without the envelop. So it could have been sent by post or hand-delivered with an envelop...hard to prove. 2nd one, I opened it. It was sent by post. Though I did not keep the envelop. Never thought I should have.....now hard to prove?? I have paid £196.65 for the fine of £185.00. That means I paid £11.65 extra thinking at that time that should cover the 1st letter fee of £11.20. I forgot to pay VAT on it. Do you think I should send them a cheque of £1.56 to cover the VAT difference ?
  10. >doo Thank you for sharing your experience. Is the council also Camden?? >Bartok Thank you for your comment. I now do feel like ignoring them......it is like playing words game now. I just need to know if they can still chase their made-up fees legally or not.
  11. >tomtubby Thank you for the detailed information, which I appreciate very much. >Has the bailiff visited your property? NO, ever. This huge house (shared) has 3 people working at home including me. No one has ever seen/heard of them. >Has a notice of seizure been provided? No, never. Just 2 removal notice letters, one saying FINAL REMOVAL NOTICE. We also made payment straight after (a little more than the fine itself) to Newlyn on the website and informed the council, which sent us a letter saying that they had received the fine in full and our case closed. >Which local authority is this? Camden. Though they said our case was closed they also said that we should contact Newylin to discuss about the fees, which we have been doing with your help. >How old is your vehicle? It is P register plate so around 1996-7?? >if payment is made BEFORE seizure then the right to come after you for bailiff fees ceases and the bailiff CANNOT use the warrant to recover any fees. Does it mean that we are safe now???? Can we just ignore them??
  12. >hallowitch Thank you always for your quick reply. I do not understand their reluctance to reveal the details of bailiffs if they did visit our house in deed!
  13. Hi updates. Any help/advice will be appreciated! I have received a reply from Newyln. They gave me all the (made-up) dates they were supposed to have visit. First letter (10th Dec 2009) 1st Visit (28th Jan 2010) 2nd Visit (6th Feb 2010) 3rd Vist (15th Feb 2010) and argue that we had not been able to pay on line if there had been no visit. We received 2 letters from them, 2nd one by post, 1st one not-known because our house mate opened it by mistake so there was no envelop. 1st one could have been hand-delivered but according to the above-mentioned details, 1st letter has been sent on an earliear date, which means by post, I guess??. We only got the 1st letter at the end of Feb or early March anyway. They just made up those dates. We demanded a screenshot of our account by the previous letter but they insisted that we should pay GBP10.00 for admin costs as it is deemed a Subject Access request. Is it correct? They also would not want to supply their bailiff's details as WE HAVE FAILED TO SUPPLY any info about any inappropriate behavious of any of their bailiffs. HOW COME can we supply such info when there has been NO VISITS BY THEM???? In the end of the letter, they say >Whist thre is an outstanding balance, bailiffs will continue to enforce the outstanding Warrant of Execution and further fees may be incurred. Can they still ENFORCE the WARRANT of EXECUTION? Can they add any more fees than they had added already?? I would appreciate a little help as I am not sure what to write back to them at the moment. Thank you all as always.
  14. Thank you everyone who has helped me so far. I will post another letter which I wrote with the help of your advice tomorrow. I am also attaching the letter from the council saying this case closed to Newylin. I hope that they will come up with something more clear about their doubious fees. I will inform you all once I get a reply from them again. When the original fine has been paid in full and the council says this case closed, is the Baillif company still the representative of the council to enforce removing goods etc???
  15. >tomtubby I will also ask for a copy of the screen shot, too. Thank you. The council is CAMDEN!!
  16. >Tomtubby Thank you very much for your detailed advice. >You really MUST complain to the local authority IMMEDIATELY and point out that you will not hesitate to ask that the Local Government Ombudsman gets involved. I have already sent a complaint letter to the local council stating that, they in turn sent back a letter saying that they had received the fine so declared that this case was closed but they also said... >However, having investigated this matter, it apprears that further to the issue by Newylin Plc of the first letter, subsequesnt attempts have been made to recover the charge in the form of visits to your property and letters left. Bailiff fees apply every time that any such action takes place and therefore the amount owning to Newlyn will have increased by the time payment was made. Newlyn only left one (1st) letter by hand, honestly. No other hand-delivered letters. They sent us 2 more letter BY POST after we made the payment!! The council is on their side, I think. I am not sure what to do apart from sending another letter to Newlyn following the advise of hallowithc
  17. >hallowich Thank you. I will write another letter pointing out what you had said. >Kelcou My husband is not British but a native English speaker but when it comes to this sort of stuff, he does nothing so I am trying to sort it out.......will ask him to help me. It was his fine at the end of the day. Thanks.
  18. First of all I would like to say "thank you" again for all who kindly gave me some good advice on my 1st thread "Newlyn & unpaid parking ticket & fees " Though the council declared that our case had been paid and closed, Newylin is still demanding their fees paid and just sent back the details of their fees by letter (after I demanded the breakdown&details etc). According to their letter, Council Debt: GBP185.00 First letter: GBP11.20 Visit fees: GBP175.00 (no break down, say, how many visits etc) VAT: GBP33.43 (Can they charge VAT on this???) Card Payment Fee: GBP5.66 Total balance: GBP411.09 Paid: GBP196.65 Balance Outstanding: GBP214.44 As Zamzara pointed out in the previous threads, I understand that this is not our debt and they cannot collect this outstanding fees as long as council fines have been paid and they had closed our case down. Newlyn also said in the letter, "We are unwilling to provide the bailiffs name and court details at this time as we believe this request to be vexatious and unnecessary" They did not even mention how many visits they had made or who made visits. As I said before, every time said they would come and visit us by txt, THEY NEVER CAME!! Should I send another letter to them? If so what kind of letter? They also mentioned about us considering issueing form 4 complaint but I am not sure what it is as I am not British and English is not even my mother tongue. All the legal stuff sounds so greek to me. If anyone could suggest what I should write back, it would be very much appreciated. OR Shall I just ignore them?? (but I guess they will still keep chasing their (doubious) fees....
  19. >Zamzara Thank you. I will check out your past theread. >seanamarts I am sure my husband did. We moved etc around that time when the 1st ticket was issued (it is actually bus lane not parking ticket but does not matter). so I think he had forgotten it.
  20. >worried parent I wouldn't be writing here if I needed that sort of advise. >dx100uk Thanks for your help. I have checked the thread. I will see if they try to charge the rest of the fee again or if they ever send us the breakdown of the fees.
  21. Hi ALL My husband has been charged £185.00 plus £219.44 fee (no break down) from Newlyn plc for the unpaid parking ticket. After reading the threads here, we had paid £185.00 plus letter fee of £11.20 and had also sent a letter to the council as well as to the Newlyn demanding the breakdown of the cost & accusing the Bailffs of cheating with his fees. Since then the council replied saying that they had received the fine of £185.00 thus declared this case closed, but also said that we had to talk to the Newlyn about the rest of their fees (£219.44). Though they kept saying that they would visit us in 1 hour or 2 by txt, they never visited our house, apart from the 1st letter hand delivered, so I am not sure if I should ever pay any more than a letter fee. As far as I know, they never bothered to come. Since we had paid the above-mentioned money, they also sent us another letter demanding the rest of the fee (before we got the reply from the council) that had been sent by post. Funnily their letter says we had never paid the council fine but only paid the part of ther fees thus we still need to pay for the fine of £185.00. Since we got a letter from the council, they have not contacted us yet so far but do we still need to pay this outstandingly overpriced/no itemised fee (£219.44-£11.20)???? Any comment would be appreciated. Thanks.
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