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Everything posted by DismayedAtItAll

  1. It isnt something i plan on doing fkoilee it was just a scenario that I was wondering if was legal.. My thoughts were, if you did it, yes you would have to pay for accounts to be done annually HOWEVER.. The cost of that would be minimal. IT COULD be money well spent if 5 years later you got into financial difficulties and were looking at loosing your possesions/car etc .
  2. I am talking from a position of someone who has no bailiff visits, letters etc. Obviously if items had been levied upon and/or you knew they were comming next wed then YES i could see that you MAY be on sticky ground. And yes I would in all honesty do ANYTHING (within the law) I possibly could to make a bailiff's and the company he worked for's job as difficult as I could.
  3. Hi, I have been pondering for some time the legal position of rented goods. I am aware that bailiffs cannot take rented goods. my question is as follows. . If I were to sell for a what would be considered a "reasonable amount" all my current goods to a Limited Rental company that i was the director of. And any future purchases were made in the name of the Limited company, and I rented them all back "officially" with rental contracts etc.. Could a bailiff company touch any of the goods, and would the company have any legal obligation to divulge any information to the courts or ballifs ?? I was led to believe that this is how many wealthy people work their finances, they own nothing officially and all or most of their assests are owned by third party organisations (albeit organisations that they run).
  4. TY ihatebaliffs, its been dealt with in due course, as sated I didnt even know I had it lol... I was just posting the question really as was interested to see where the land lay in these particular circumstances.
  5. A little confused. This but seems to state that if i were to leave the car in the field next door which is owned by the farmer then they could not clamp or remove it ? Or am i reading it wrong However, for the avoidance of doubt, an enforcment agent may NOT take control of a vehicle in either a public or a private car park (which includes supermarkets, large shopping outlets etc), unadopted roads or other land that is owned by private individuals (such as a neighbours or relatives driveway).
  6. Hi, Yes and No to the visit.. Speeding fine that I was unaware of as I had moved..I got letter today which will be responding to Monday morning. I was just wondering in respect to IF it came to it could they basically trespass on someone else's property to access mine, and the situation regarding levying on a car that was parked on someone else's land.
  7. To access our house you need to go approximately a quarter of a mile up a private road (not owned by us). I have heard a phrase "implied right of access" been mentioned a few times recently. Could I remove this and inform that any attempt to visit my house would result in "trespass" on the owner of the roads land ? OR if i were to leave a vehicle on this land would it be illegal for them to access the vehicle as it would result in trespass also ?
  8. A friend of mine has just had to cancell his car insurance as the car is boken and he can't afford to fix it yet. They say that he had 800 pounds left on the policy to pay made up of his outstanding installments. So they are charging him 360 pounds cancellation fee ! This seems more than a little high to me. And they are refusing to send him his proof of no claims until he pays it in full. 2 questions Is the fee fair ? Can they withold his no claims proof ? Many thanks
  9. I'd get her to go to the council and pay it diretly to them over the counter, and tell them of the offer at the same time ( ask to speak to someone in recoveries). They will almost certainly be ok as long as it is being paid.
  10. IF and its a very big IF, you were hauled in front of the mags they would simply listen to your case and circumstances and come to an agreement with you within the confines of the court so i wouldn't worry about it at all. Could be a blessing in disguise if it happened actually
  11. Happy to assist in DLA matter. Wording is the key with them, had many many fights with them over the years myself so could pheraps offer some advice on forms and what to put.
  12. Just wondering what happened to the OP with this ? And thinking that collection company's and bailiffs reading this thread must be laughing there socks off at the very helpfull and knowledgeable moderators and users arguing amongst themselves :| United front seems a better course to me
  13. Surely the tax disc in the window clearly states that is it disabled tax and thus they should have taken more steps to check the car is on the mobility scheme or not.
  14. If the car is not registered to you then no they cannot. Best thing is just park away from your house.
  15. He if i am correct is talking poo and using bully boy tactics to try to scare you into paying. He cannot come into your house to take anything without the necessary walk in possession paperwork and even if he had it could only enter by peaceful means, IE open door window etc. IF they come tomorrow make sure all your doors and windows are locked, don't answer the door to them. Contact the council concerned and ask to speak to council tax enforcement department and tell them what has been happening and explain the offers you have made, they may recall the debt from them. I wouldn't get into a tizz about them saying things like even in your absence they will take your stuff, they can't simple as that. One thing that is important though is that if you have a car make sure it's parked nowhere near your house.
  16. Have they already been to your home and got a walk in possession agreement (IE actually been inside your house) ?
  17. The bill the guy handed me was for 353.. Phoenix say this is what would have been due if i had allowed him into the property, the extra 159 made up of walk in possession fee, levy fee, attendance of van fee etc etc BUT these fees would only have been due had i allowed him to enter the property. However the bill doesn't state this it simply says i owe 353.... Bottom line seems that they have tried to add illegally fees that were not actually due, bit like me billing someone for the purchase of my car just in case they buy it. Ive been onto the council and they are looking into it with a view to recalling the debt from phoenix, may have something to do with me threatening them to go to the local papers if they don't for using a company that has somewhat shady to say the least collection practices, and that seeing as the council now know that phoenix have employed illegal methods with me that they are in effect condoning illegal collection methods . Ive now got to wait for the council to ring back.
  18. Update The register at the ministry say he isn't certificated but they maintain he is. They claim the extra 159 would have been for attendance, walk in possession etc had i allowed him into the property. So my next call is to the council to see if i can pay them directly as i have concerns regarding phoenix fees
  19. No levy has been made previously, truth is it is the first time they have ever been even though they are claiming they have been twice. Why pay the council the 159 ? ... The council themselves yesterday checked the balance owing at it was 194.64 on phonexi's own website when the lady from the council logged in to check . DO you mean pay the council the 194 ?
  20. Hello all To cut a long story short. I ended up owing Pendle council 72 pounds for council tax that i was unaware of. They did write to me at a previous address but i wasn't aware of it. Anyways, had a letter or 2 from phoenix the last being dated 27 Aug saying i owed 194.64 and that a bailiff was going to call. I rang them and council to see what was happening and had all explained to me. Today a bailiff (although he inst on the certificated bailiff register) called with a notice of bailiff having visited stating i owed 353.64. I promptly told him to sling his hook and hit the phones. Phoenix wouldn't speak to me at all and said i needed to speak to the bailiff and put the phone down on me. So i rang him and he claimed the extra 159 pounds was for previous visits (which never happened) back in July, i pointed out that even if said visits had occurred then it would make no difference as i had a bill from August 27th stating the amount was 194.64. He flatly refused to clarify why or where the extra money on the hand written form he gave me came from, and stated that he had noted the account to be passed back to phoenix and they would speak to me tomorrow. Smelling a rat i rang the council to clarify some of the figures, they clarified that the original amount was 72 pounds plus 80 for the liability order so i guess the extra 40 quid or so was phoenix charges making the 194. They also checked my account on phoenix website and that indeed showed the amount the guy was supposed to collect was indeed 194.64 owing as of today. So where this extra 159 pounds has come from is anyones guess. Has anyone else had this before ? Am i correct in thinking that maybe this guy added the extra with a view to pocketing it if i had paid him in cash ? Any thoughts or advice before i contact them tomorrow would be great Original bill 72.14 Liability order 80.00 First alleged visit 24.50 (im guessing) Second alleged visit 18.00 (im guessing) Total 194.64 as outlined in original letter dated 27th Aug (and all other letters) Bailiff amount requested 353.64 ??? Balance of 159 ? Possibly trying to state they have levied against goods ?
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