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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

DougStevens

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Everything posted by DougStevens

  1. DougStevens
    Thanks for the advice, I'll talk to her about it tonight.
  2. DougStevens
    She's actually been diagnosed with bladder cancer, but there's some question whether it's "straight forward" cancer or lymphoma (sp.) The oncologist thinks it's lymphoma, but in his own words, can't understand why it's in the bladder without any other signs of secondaries, hence why the biopsies have been sent to the specialist centre. She had a CT (I'm assuming they're looking for secondaries.) on Tuesday. D.
  3. DougStevens
    My wife is off sick, and is in the process of being given her prognosis for her cancer (Specialist biopsy going to London specialist Hospital.) It's not looking good, and we're both worried about it being the worst case scenario. She has problems with incontinence and is signed off sick with doctor's notes, etc. Her work (DWP) are constantly on the phone, trying to talk her into coming back to work and saying things like "Well, we can work around you having to go to the toilet every five minutes." What is the legal position of all this? Things like how often are they allowed to contact when you have a medical certificate, etc/ Thanks in advance.
  4. DougStevens
    It turns out that the tax disc in question was actually from the vehicle in question, but that it had had a "cherished number" and the previous owner had reverted it back to it's original number prior to selling it. I'd have thought that it was his / the garages / DVLAs responsibility to ensure the tax disc details were correct?
  5. DougStevens
    This dates back to then. However, the vehicle was in a (Commercial) garage for repairs between 19th Dec and 9th Feb. When I got it back, I immediately tried to tax it online, but as the DVLA hadn't done something (something to do with forms or something not sent by the seller.), it wouldn't allow me to. As this was by now 3:30 in the afternoon, I had to arrange to get it at the post office on Monday - by which time it had been clamped. The police originally said it was illegal, and they were looking into it (12th Dec for crime number) but it fell into a black hole apparently. Now they're trying to wriggle out of responsibility, saying they were waiting for the DVLA to get back to them over this. Court date is 27th June, btw.
  6. DougStevens
    I have the sales receipt, which has a box for "Tax" which says Jan 14, and "MOT" which says May 14
  7. DougStevens
    Hi. got a rather urgent question, as a summons has just landed on my doorstep. I bought a van in Nov 2013. The dealer said it was taxed to Jan 31 14, and MOT'd till Mid May 14. I gave the documents a once over, and everything seemed fine (Tax disk stated it was for a Renault, and up to Jan 31 14.) The van was a pup. Complete rubbish. It was in various garages from 19th December till 9th Feb. When it came out, supposedly repaired, it was as bad as ever, wouldn't start, etc. The 9th of Feb was a Saturday, so I couldn't tax it (I got the van back till about 2PM.) On Monday Morning, it was clamped. DVLA also reported that the van hadn't been taxed since Sept 2013. On closer examination, it turns out that the tax disk was off another vehicle, but to be honest, I had to be shown by the police how to distinguish that. After months of wrangling, the DVLA have issues a summons, so what I need is rather specific information as to laws / acts broken here. Sale of Good and Services Act, presumably, But what laws are involved? As I say, I need specifics, because after initially getting involved, and saying it was illegal, the police are trying to back off. Thanks in advance.
  8. DougStevens
    Ok, I'm maybe being a little naïve and probably more than a little thick (Not to mention coming from Scotland, who kicked clampers out years ago, so have no experience with this.) But aren't there laws over clamping? I got clamped for being 11 days into the month without tax. I'd just got the van out the garage (Which hadn't fixed the problem,) so was waiting for it to get picked up again. Next thing, I'm clamped. Fair do's I'm guilty, put me up against the wall and shoot me. Now, I've had tickets before (Parking mostly, and speeding) and I always get a formal notification in the shape of some official government form. In this case, I got a yellow sticker, and an "INFORMATION" pamphlet with a phone number on the back, which demanded I pay £100 immediately or I'd be towed and disposed of (I do hope they meant the van, not me personally.) Two things that immediately make me balk, is that surely, under law, an INFORMATION pamphlet is not a legal notification of an offence. I've spoken to the police, and they said it looked like something someone had picked up at the post office for a laugh. The associated website (cartaxenforcement.co.uk) is also very dodgy looking, with no details of who you are paying, etc, displayed on the site at all. The police have taken copies and they have taken it, and are investigating it, as - in his words - "This looks so much like a con." Now, after a morning of research, and talking to the DVLA, it turns out the "contractors" are a company called NSL. Now, at no point did anyone identify themselves to me, neither by phone nor in person, and the sparse documentation (The INF32 and website) does not mention the name of the company. I asked the DVLA directly "Is CarTaxEnforcement a contractor you use?" and they said no." Only NSL is used in my area apparently. So the question of misrepresentation is eating at me too. So what is the law? Can someone who doesn't tell you who they are, simply put a pamphlet under your windscreen and clamp you? Certainly the local plod don't think so, and my bank is supporting my withholding payment on the basis that the cartaxenforcement.co.uk website looks well dodgy. I'm really ready for a fight, so if someone can give me a legal basis, I'll give them grief.
  9. DougStevens
    Well, not being a mechanic, I wouldn't even know where / what glowplugs are, less know that wires were supposed to be attached. I did mention the fact that four "plug like things" seemed to be standing bare from the engine when I took it to the dealers garage, but they said they didn't matter. As to the "flowback" that actually seemed to be a reasonable thought at first. What happens is that it runs like a train WHEN you get it started, but overnight / after a few hours, it will just turn and turn until the battery is flat. I'd love to look at the turbo, but alas, it doesn't have one, lol. Given that the dealers garage "don't want to know", and he's running and not answering his phone, and the fact that it's been confirmed he sold the van with a dodgy tax disc, he pretty much admitting his guilt.
  10. DougStevens
    Thanks for all the info. The last question for now. As I mentioned, there was no paperwork given or even offered all the way through this. They simply stuck a "do not move" notice and a preprinted INF32 form under the wipers. Having had time to read the pamphlet, they say that there should have been "Notices" attached to the van. There wasn't. The guy has just come to unclamp it, and left no information with the van either. Is this the legal and proper way of doing it?
  11. DougStevens
    The thing is, how is someone supposed to "recognise" what a real tax disc is and isn't? It still looks genuine to me, but according to the DVLA, when they run it through their system, the original was surrendered in Sept 2013, and the tax disc on my van belongs to another Renault somewhere. Also, there is the question about it only being on the road while waiting for the breakdown truck to come "pick it up," I know you can do so with a car without a MOT, as long as it's booked in, you can drive it to the testing centre, shouldn't the same be true of tax? If I could have driven it, I would have taken it back to the garage myself, but it would not start, and required a tow truck to come to me, which could not get through the archway to my private garage. And, as the dealer hadn't processed the V5(?), the DVLA wouldn't let me tax it online anyway.
  12. DougStevens
    The dealer won't return my calls. This is an ongoing issue with the van being a wreck from day one. It has been off the road, in a garage (a mechanic one, not a home one), since 20th Dec last year, hence why I didn't notice the tax disk issue. It would appear that, despite being a "dealer," this person has shown a record of dishonesty with this motor. The list of faults is as long as my arm, and it has been in the garage for almost two months. I'm thinking that this is a pattern of fraudulent behaviour on his part. If the tax disc issue was the only thing that has occurred, I'd be tempted to put it down to carelessness, but refusal to return calls, the fact that the van was a disaster waiting to happen, and NOW the tax disc, this seems more than a coincidence.
  13. DougStevens
    Bought a Van in November last year (2013) It was from a dealer (Van hire place that sells cars and vans from the front lot.) Paid £2400 for it, and while not expecting a pristine machine, as it had 122,000 miles on its diesel engine, I did expect a reasonable runner capable of doing what a van is supposed to do. Ran for a month, broke down. (Would drive ok when started, but once stopped overnight, or allowed to cool down, forget it.) Last usable day was 20th December 2013. Returned to the dealer, who said to take it to his preferred garage. I did this, and after two weeks, they charged me £160 for the privilege. Next day, van wouldn't start. The "preferred" garage said that they weren't interested. Tried the dealer, failing to return my calls now. I took it to another garage. The list of things they found wrong were... Glow plugs faulty, and the wiring to them had been cut. Fuel system incorrectly plumbed in, causing flowback(???) Generally dirty fuel system. Injector rail completely useless. Compression low on all cylinders (Although they put a camera down the bores, and say they look okay. I've paid over £1000 getting all this repaired, and still the same thing. And to put icing on the cake, I've found that the tax disc is from another car!!! What redress do I have? Thanks.
  14. DougStevens
    Right, in keeping with my confusing life, here's a confusing clamping / tax disk issue. I bought a pup of a van from a "reputable" dealer in November last year. That is another story, but is going to court due to the fact it was a wreck that was patched up. It has been in a garage (Mechanical workshop type of garage, not a lockup) since the 20th December last year, getting major repairs. I got it back last Saturday, but the repairs hadn't sorted the matter, so I phoned the garage to come back and pick it up. I also noted that the tax disc had expired while it was in the garage (31/01), so tried to tax it, but the DVLA wouldn't let me, as they say they hadn't received the V5(?) or whatever documentation it is that they needed to allow me to tax it online. I'd have to go to a Post Office to do it. Back to the pup of a van. As my home garage (The lockup variety) is under a coach house with a low arch, I was concerned the pickup truck wouldn't be able to get in to get it, so I left the van on the roadside, just down from my house, waiting for the mechanics to pick it up. When I went out this morning, I had been clamped. It turns out, after phoning around, that not only had they booked me for "expired" tax, but also that the Tax disc was a phoney, from another vehicle. When I'd bought the van, I'd simply noted that the tax disc was current, and the dealer had said that it had "about six months tax on it" when I bought it in November, and I'd taken it at that. My concerns are: 1. The clampers left no "formal" documentation, as to time / date etc. All I got was the lovely yellow clamp, a sticker on the windscreen, and an official leaflet (INF32). Even parking tickets have to log the date and time and notify the driver, surely they have to as well? It turns out if had been clamped at 8:43 the previous day (I use my car to go to work, as the van is a wreck.) and if I'd missed the yellow clamp then, the vehicle would have been removed and possibly crushed. 2. As the vehicle was only on the road for a pre-arranged pickup, how can they get away with charging a clamping / release fee? 3. What is the position regards the tax disc supplied by the dealer? 4. Can I claim the "fees" back from anyone, and if so, which party is liable?
  15. DougStevens
    Hi. I missed a payment with my BM mortgage in Feb when I changed bank accounts. A manager phoned me and laid into me bigstyle, threatening repossesion, etc. He followed this up with a rather vile and threatening letter. I complained, and got £25 in compensation from BM. However, as they had charged me £35, I felt this was unfair and complained again. BM didn't take the next months payment. I called them and asked for a new Direct debit, in case that was the problem - another £35 on the account for it being late. No direct debit came, but a debt "counsellor" did - another £85 on the "arrears" I told him politely, that if BM got their finger out, and got the DD set up, I'd pay the whole thing off then and there. This was April by now, and I was technically three months behind, although the money was in the bank. Nothing more, despite me calling them - they said they'd sort it out once the DD was set up. In June, a mandate form arrived at last. Along with a "Repossession Proceedings Issued." letter. I called them, and made an offer to pay, if they removed the fees we were disputing. This is where they seemd to lose the plot. Over the last month or so, I've had every story told by them, contradicting stuff, demands for court action, etc., etc. They would take the money, they wouldn't take the money, etc. They've "lost" the request for a DPA disclosure not once, not twice, but three times. They've lost the request for transcripts of all the calls the same number of times. They've said they will accept payment, but they are still taking me to court. They call me out of the blue, just to tell me they're not prepared to discuss the matter with me. (Strangest thing I've ever heard of.) They then claim they have no plans to take me to court, but then their lawyers called me with a date of 3rd August. I've neither the time nor the tolerance for such idiots. I've written to the FSA, making a formal complaint (Because BM have said they've closed the complaint, but won't write me a final letter confirming that.) but I'm obviously concerned about the situation. What's my position / alternatives? I'm prepared to pay the "arrears" minus the "fees" if they stop court action, and they have categorically refused.
  16. DougStevens
    Well, I received the standard "we're not responsible" letter from Rossendales. One thing with that is that their "accounts" (I.e., how much they charged) is different from the one the bailiff left.
  17. DougStevens
    Just to update the post. Rossendales have said they have replied to the complaint direct to the council. and I'm waiting for their reply in turn. In the meantime, I've been fired. They claim it's nothing to do with the bailiff situation, but as I've only been working for them for four months, I reckon I've no comeback.
  18. DougStevens
    That's a very good point. The images / video contain at least three people who signed model releases. Those releases are both related to Data Protection Act and 18 USC 2257 record keeping requirements (The U.S. equivelant) The wording on the bottom of every release, which is relevant to every image I shoot is: All Information is gathered, stored and distributed in compliance with, in accordance with and under the provision of the DPA 1998. It also lists me as the Custodian of Records and Data Protection Officer.
  19. DougStevens
    Yeah. It's only in draft at the moment. I've attached it to the stuff I've sent the "big six" but haven't processed it yet.
  20. DougStevens
    I've written to the 5 person team of the executive team in charge of the council, and the head of the council, outlining my concerns. I've also written to Rossendales, asking for a complete breakdon of info, as ploddertom suggested. My wife has requested he personal property back (I know that's probably not going to work, but it's worth a shot.) I've also written a draft for a Regulation 46 appeal, does anyone think that's a worthwhile shot? anything else anyone can think of? Ta. D.
  21. DougStevens
    "Re: Council tax and Rossendales. In that case going of the original Liability Order the levy is NOT excessive. Reasons being is that items removed for sale only realise approx 10% of their worth - mainly because the Auctioneer will tell his saleroom that the associated lots are subject to a Bailiff seizure/removal. Therefore goods with a value of £14k will not be seen as being excessive. However that does not mean to say that what happened is correct especially as you have provided the proof that the majority of the items should be classed as exempt. I say majority as they may argue that you would only need 1 tripod, 1 camera, 1 flash etc and they can therefore have the rest. I appreciate it would be impossible to operate like this but you may need to find the arguments as to why you need so much. When the goods were removed were you given a Form 9? At the time of seizure but before removal were you given an opportunity to pay either in full or by instalments?" Hi. The "tripods" mentioned in the list, are mainly not really tripods, but stands for the lighting and studio equipment. I know it gets a bit technical, but they are needed. Same with the "flash" units. They're not like the flashguns you stick on top of the average camera. They are dedicated studio flashes that sync by radio controller to the camera, and fit onto some of the "tripods" mentioned in the list. I don't want to get too technical, but you need numerous units to create a professional image. I could probably write a thesis on photographic lighting, as it is an integral part of both my work and my degree. Think of the difference between a family snap and what you see in Vogue. Same can be said about the camera. I was not given a chance to pay by instalments (I had already written to both the council and Rossendales, asking for an instalment scheme but had been ignored.) I was told to pay - in full, immediately. No choice. It is even on the paperwork they left.
  22. DougStevens
    "Sorry to be pedantic but I am trying to geta bigger picture, that way we can sort out fact from bailiff fiction when it comes to the fees you have been charged. I can see we have 2 years CT 2010/11 2011/12 is the £369.99 you make reference to the balance owed for 2010/11? You are going to have to ring the Coucil tomorrow and ask: How many liability orders they have against you? What period each one covers? How much each was for at the time of applying for the LO? How much is outstanding on each? When were the orders passed to the Bailff? You know you have paid £159.99 £100 £37.99 what you need to find out is how much of the balance across all the liability orders are being claimed by the bailiff for his "fees". I suspect you do not owe nearly as much as the bailiffs abacus supposedly tells and as BN has already said it could indeed the be case there is prima-facie evidence that the levy and removal was solely to garner fees for rossendales, you have obviously taken steps to make arrangements with the Council to pay and they have ignored those requests unreasonably by not replying to them and, on the face of it prefer to line the pockets of Rossendales without little consideration." Right, here goes an answer to this: How many liability orders they have against you? Only 1. dated 7th July 2011. What period each one covers? This current year (2011-2012?) How much each was for at the time of applying for the LO? (I don't know exactly, but it was £1154.17 on the first paperwork I received from the bailiffs.) How much is outstanding on each? Having paid around £369, I'd say it should be about £775?) When were the orders passed to the Bailff? Not a clue, but they first visited on 2nd September. Which brings me to fees they've charged: On the first paperwork I received, I was charged £24.50 for a first visit, £18.00 for a second visit (They only turned up once.) and £59 for a levy fee: total £101.50. I paid them £100 cash on that day. On the "real" second visit, (the one where goods were seized,) the debt had increased to £1184.67. I was then charged £415 for "other" fees, leaving the outstanding amount at £1599.67
  23. DougStevens
    Right........... Important point that I think may have arisen. What is the definition of "wife" here? I certainly call her my "wife" but we have not actually been married in church, registrars office, etc. in the UK, and certainly have no marriage certificate in the UK. We went through a ceremony in the U.S., but not here. When we did so, we were told that it actually holds no legal significance in the UK, and that we should go through a civil ceremony back in the UK. I know this sounds so pedantic, but as the council and bailiffs seem to use those sort of tactics, then why can't I?
  24. DougStevens
    "If my calculations are correct your debt (excluding any bailiff fees) before the goods were removed was standing at a balance of approx £75, can you comfirm this please? WD" No. I think it was around the £1000 mark. I got the summons from the council in June. I then heard nothing (Or to be honest, possibly missed some stuff, as my wife was in intensive care - although I've gone through every bit of post and can't find a thing.), but got a "reminder" in August for £369.99, saying I had to pay £37.99 immediately, which I did. Then bailiffs arrived, claiming £1000 and I paid £100 to them. I then wrote to the council, both complaining and asking for a detailed amount of what I owed and why. I also sent the same stuff to Rossendales, and asked for time to pay. I had the one phone call from the council, but as I was driving, I asked them to call back, which they didn't. As I didn't hear back from them, I paid the remainder (£159.99 or something) directly to the council. At that time, I thought I was "up to date," as it were, because while I obviously knew I still had to pay my council tax, This was by now September, so assumed I still had til the end of the period to pay the remainder. Then all this kicked off.
  25. DougStevens
    "Turning to all the photo equipment which you say is needed for business/education. Apart from the fact the equipment is not the common or garden type used by most folks going on holiday do you have anything which suggests the equipment is for the use you describe? In other words can you prove the equipment is for business/educational use - do you have a portfolio of work/contracts, do you have a current letter etc from the Educational Establishment that shows you as a current Student etc." I have two websites, which are business orientated - i.e., I use them to sell images on. I also have contracts with 9 agencies worldwide that represent me. I have 7 websites of my work directly related to my degree work, one for each individual section studied. I have my up to date student identity card, which identifies the course (BA (hons) Undergraduate in Creative arts) I have already sent them the detals of the sites, a jpeg of my identity card, and links to images that are on the various agencies so they can verify them. D.

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