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corine39

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  1. Hi Just hoping for some help with a hceo issue. I instructed the hceo against joint defendants who reside at different addresses. One (debtor A)I did a address search on, the other (debtor B)I know his address from companies house filing (I have correspondence from companies house to the debtor at that address dated March, 2019) and from photos that correlate on Facebook. Debtor A The hceo managed to get into the home of debtor A, via his girlfriend letting them in. The debtor himself was currently out. 10 minutes later the hceo spoke to the debtor and requested payment to avoid removal of goods. The debtor refused to pay so the hceo searched for and listed assets - I think to make controlled goods agreement (?) although they concluded not enough assets there to adequately to pay the debt. Debtor A then turned up pretty quickly after and was still refusing to pay, however he offered to pay on a payment plan but this was refused by the hceo as being too low, and they gave him 24 hours to raise funds and pay before removal of the assets. The hceo went back 2 weeks later(!), and then a few days after that. There was no response to the hceo attendance. They now tell me the assets listed would not cover the cost of removal. I asked them about the offer of payment (I take it from what I have read this would also be listed on the controlled goods agreement), but the hceo never responded to this. Debtor B The hceo are telling me they cannot find the address for Debtor B, and that they are being told the house has been demolished, yet I have photos of the defendant outside this address. This property has been in the local newspaper, as the owner (not debtor B, as he rents this property) was letting it deteriorate and not paying council tax and was given an ultimatum to pay, and renovate the property or the council would sell it. I have given the hceo all of this information with links to face book and to the newspaper. However I will do a formal address search if necessary. I have given them car registration numbers (both have motorbikes and cars) but they tell me they cannot do anything unless they sight the cars themselves. So I asked by what means of transport did debtor A arrive so quickly and they tell me they never noticed. They now want their abortive fee, but I don’t feel they have even tried yet. As regards debtor A is there any come back with his offer for a payment plan. Something is better than nothing! As regards debtor B, I feel it is ludicrous that despite all my information, they have relied on someone they chatted to in the road. I will go back with the companies house letter, the newspaper article and maybe suggest I do a tenant find. Can anyone advise what my next step should be? Many thanks for any help, I am tearing my hair out.
  2. Apologies Andy, thank you for moving! ploddertom - cant thank you enough for your time and effort. Yes it was one of those named above I am dealing with, and who I have the complaint with. The online sign up makes you sign that you have read the t&c's. However looking at the t&c's now the a few things crop up....extracts from t&c's and my comments in bold 1)Burlington Credit Limited will regularly review all matters in which they are instructed. Burlington Credit Limited will take the necessary steps to progress the matter they are instructed to act in. If upon reviewing a matter, it is felt that further instructions are needed from the Instructing Client these will be sought.Unless I approached them I never heard from them. 2)Burlington Credit Limited will from time-to-time make recommendations to the Instructing Client about future actions which the Instructing Client may wish to consider and which may be helpful to the Instructing Client considering the available options. However these recommendations do not constitute legal advice and any reliance upon such recommendations are entirely at the Instructing Clients own risk.Unless I approached them I never heard from them. 3)Burlington Credit Limited will provide the Instructing Client with reports from time-to-time during the life of the Instructing Clients instructions. The purpose of these reports is to keep the Instructing Client updated and so that any issues can be resolved quickly. The Instructing Client will need to actively participate in this process when needed to respond from time-to-time.I have never had any report. 4)All Debtor(s) will be sent an initial letter (known as a Notice of Enforcement) to the Enforcement Address advising them of the statutory period and pending execution before any attendance is made by the HCEO or an Enforcement Agent. Notice of Enforcement sent to 1 debtor only, according to Burlington. 5)The Enforcement Address or any alternative address provided will be scheduled for a maximum of 3 attendances, unless otherwise agreed by Burlington Credit Limited.Only 1 address has been attended out of the 3 given, even though attendance to this address has been 4 times. 6)If upon attendance at the Enforcement Address the HCEO or Enforcement Agent is unable to secure payment of the Debt, even in part, and there is no payment forthcoming and there is no offer to make payment, Burlington Credit Limited will advise the Instructing Client and seek further instructions.I was told 'enforcement is unlikely to achieve a successful outcome and in view of this you may wish to consider alternative form of enforcement'. Basically go away! 7)Generally, Burlington Credit Limited will make attempts to collect information from the Instructing Client and from public databases to establish the Debtor’s current telephone number(s). Information gained from the HCEO or Enforcement Agent’s visits will also be used to assist in the execution. Never been advised if any telephone number has been established.Most of the information I have given them has been ignored. 8)If it becomes apparent during the course of execution that execution is likely to fail for any reason Burlington Credit Limited will report to the Instructing Client explaining the position. I had to ask what was going on, I was never reported to. 9)If, after all of Burlington Credit Limiteds best endeavours, it is not possible to either seize goods or assets and no payment could be obtained Burlington Credit Limited will withdraw in the matter and return the instructions. In these circumstances the Instructing Client would not be liable for any further fees, costs or expenses in-relation to the execution. This will be done in the form of a report and if the Instructing Client want to discuss other enforcement options then the Instructing Client should contact Burlington Credit Limited at the earliest opportunity. No report. Told me 'enforcement is unlikely to achieve a successful outcome and in view of this you may wish to consider alternative form of enforcement But only again because I asked for an update.
  3. Thank you sgtbush! Do you think I can get my money back given their poor performance? I think it is breach of the consumer rights act but they are saying they are going to try and remedy the situation. I know they do refund as I mentioned in my original post. But they are quite adamant they wont in this instance. Just wondered if anyone had been through the same and had any ideas on how to change their minds? Also any suggestions of where to go next?
  4. Hi Guys Hoping someone can help as I am at my wits end here. I managed to get a ccj each against 2 defendants in a joint claim. I appointed an hceo to help enforce the debt in mid-February. I gave the hceo an address for either defendant, links to all their social media accounts, photos of several vehicles, a car registration number for one of the cars, photos of one of their homes and limited company details (one is self-employed). From February up until now, I have had to chase the hceo every time for updates; they never once have gotten in touch with me. At the beginning of April, I asked for an update. The hceo informed me one of the defendants telephoned them to say he had not resided at the address for 2 years (I know this to be false, as his neighbour said he had left 1 year ago, and he was on the electoral register in June 2017). Also how would he known to telephone the hceo – he must have received his notice of enforcement? However, I found a further potential address for this defendant and detailed and lengthy proof of why I thought this could be an additional address for this defendant and gave this to the hceo on the same day. Every time I asked for an update I got the same short, vague answer - we have attended but no one is answering. Mid May, I asked about attendance at the additional address I had emailed them about in April, had this been attended, and was told yes. Early June I asked for a further update, but was told to seek other means of recovering my money, that enforcement was unlikely to achieve a successful outcome. I was astounded. They had given up so easily. I asked them for a breakdown of attendances. All they have done in these 4 months is send a notice of enforcement to one of the defendant’s, attend this same defendants addresses 4 times. 2 of the attendances were what they refer to as out of hours calls, but these were at 8.30am – haven’t most people left for work by then? They have not bothered with the other defendant at all. They did not even send a notice of enforcement to this defendant. They have also not been truthful – they did not go to the second address I had for one of the defendants as they said they did in May I have asked them why they did not bother with one of the defendants whatsoever and they have apologized and said it was an error. I have asked why they lied about going to both addresses for the other defendant they said this was a confusion. They asked me for details of the second address. I have told them to refer to the lengthy email I sent them back in April. Again I am astonished as they have never bothered to read this email. I have also just given them another business address for one of the defendants. They come back with we can’t seize assets from his business. I know this but can they not at least talk to him there. I have found a review online about this hceo. The reviewer states that the hceo wasted time, were not communicative (exactly how I feel) and refunded the reviewer’s money. I have asked to be refunded but they refuse. The say they are now going to try and remedy the situation by attending those addresses they have failed to do so, and that I am lucky as most hceos only make 3 attendances on any address. Obviously I have little faith in them. Sorry for the lengthy post, and I hope I have been clear in my explanation, apologies if not, but my question am I legally obliged to I allow them to carry on, or can I demand my money back. What are my rights?
  5. Hi Hoping someone can help give some advice regarding a council tax issue, as I am struggling to know what to do, the bailiffs letters are becoming progressively more aggressive the last one, mentioning prison. I have several rental properties, however I live overseas now so use the services of a letting agent. In the 4 years I have lived abroad, I have changed letting agent 3 times through one reason or another. None of my properties have ever defaulted on council tax one in particular I have been charged court fees for the liability order for the first time on any of the properties. I do not wish to ever get out of paying council tax, I do wish to pay only what’s owed. However I don’t think I have been treated fairly in this instance and should be liable for court fees, and was wondering if you could help. I am liable for council tax when the properties become untenanted. This is quite a new arrangement - its being going since 2016, previously empty properties were exempt from council tax. I think this is part of the problem. In that,rental properties are treated in the same way as normal residential properties. The process to date has been that my letting agent informs the council each time the properties become untenanted and subsequently tenanted, the council send the council tax bill to my letting agent who then forwards it to me for my approval and payment. Many times the bill is incorrect, either the dates are wrong or the calculation is incorrect. Sometimes the bill has not even been sent to me but to an incorrect address, I have even had an incorrect court summons. This is time consuming and a long winded process to rectify. When it is at its simplest, I have to go back to my letting agent, who in return goes back to the Council Tax Department, who then reissue an amended bill for payment. I believe the letting agent finds it extremely difficult to get resolved as the Department is so very difficult to contact. The property in question became vacant on 15 April, 2016 and the council tax department sent a bill to my letting agent on 21 April, 2016. I felt this was not correct I went back to the letting agent to contact the council as usual. Again the letting agent struggled to get hold of anyone in the council tax department, or when they did, staff would now not engage with them as they had in previous times. Finally the letting agent managed to talk to a member of staff on 17 June, 2016 who advised what was owed up to 30 June, 2016. This was confirmed by email on 20 June 2016 and subsequently paid. I then receive a post liability order notification on 26 July 2016 saying I owe more than the original bill. On 27 July, 2016 my letting agent called the council tax office to advise on the recent payment and ask about the notice and was told by staff to disregard the letter and we received an apology. Shortly after, I then receive another council tax bill with amended payment terms however the total bill was now for the same as the post liability order , this included what I now believe to be a court fee for the liability order. What happened to disregard the letter? The council failed to mention this charge, and I, nor the letting understood this. The letting agent tried to get to the bottom of it but told me the council tax staff will not budge from what is billed or listen to reason. I was in the process of changing letting agents at this time, It was a time of upheaval so for ease I paid the July and Augusts bills until the property became occupied on 2 September,2016, that included some of the court fee even though I didn’t agree with amounts, nor the court fee – but as staff would not liaise with my letting agent I really did not feel I had an option. However having recently gotten legal advice, I have been told if the bill was disputed, I had every right to challenge it, and that I could have asked the council to cease enforcement until the dispute was satisfied. I thought now all was dealt with, even if totally not to my satisfaction. However, on 14 November, 2016 my letting agent sent me another post liability order notification, now showing a debt being not council tax but part the court fee still outstanding. Again any late payment has been down to the fact that I disagree with bill and could not get clarity from the council tax department. After my letting agent trying to sort this but without success, I finally sent all of this explanation to the chief executive via email his second in command on 6 March, 2017. However he forwarded my email to the same council tax staff my letting agent had already spoken to. I received a response from them on 8 March, 2017. The response did explain some of the calculations but equally got some calculations wrong and still left me with further questions. They informed me they had stopped action by the bailiffs for a month, until I cleared the debt. I then responded, again via email to the chief executive and the same council tax staff on 19 March,2017, with further queries and asking for evidence of disbursements and copies of final demands. I gave them evidence of what I believe to be an overcharge on one of my other properties, together with what I believe to be an overcharge on this property. I have never received a response since the 19 March, 2017 but still, via my letting agent, regularly receive demands from the bailiff now threatening prison. Hoping you can help and sorry to have been so long winded, but Im struggling to know what to do next. Thanks
  6. Hi Guys Just wondered if someone more knowledgeable than me could offer some advice on the following: I received awful service from a letting agent who provided a full managed service on my properties. I terminated the contract due to the breaches. I went to the ombudsman who did award in my favour on some matters but the award fell far short of what the letting agent had cost me due to the contract breaches, professional negligence. I rejected the ombudsman's decision and wrote to the letting agent stating the reason why I rejected their offer and detailed what I believe I am owed. I stated I hoped we could come to an agreement without taking matters further. They have replied with having been through the ombudsman they view the matter as now being resolved and ultimately closed. However the ombudsman stated in response to my rejection of their offer with 'As you have not responded within the acceptance period, the Ombudsman’s decision is no longer binding upon xx Agents Limited. You have therefore lost the right to any solution that the Ombudsman may have set out. You are free to follow other routes to try to sort out the problem in a way that suits you better.' So whilst the letting agent may think the matter is closed, it is not legally. I now need to respond but I am not sure how. Is now the time for a letter before claim giving them 14 days notice before I proceed to court, or do I now have to send them a letter saying I suggest arbitration, and if it cannot be resolved by arbitration then court? Many thanks for any help!
  7. Just emailed court and they have come back (wow wasnt expecting anything that quick!) and they said the warrant is not retained by the court, but try BG () and any other information they have will need a court order for its release. Seems all a bit unfair that it is made so difficult to find out what has gone on with your own property.
  8. Thanks for your quick reply CitizenB...really helpful and much appreciated. I know the court they used, as I have a copy of their letter informing the tenant of this. However how would I approach it with the court. I live abroad so phoning them is a bit tricky. Would they accept an email request? is it just worth a try?
  9. Hi Hoping someone can help. I have a property that was tenanted. The tenant left property, then phoned to tell letting agent afterwards. Unbeknown to myself or the letting agent, the tenant left owing 250 pounds in gas arrears. A few days after the tenant vacated British Gas entered the property (none of which either the letting agent or myself were aware of) and changed both the locks and the meter over to prepayment. British Gas were advised of both the tenancy start date and vacating date (they were emailed about te vacancy the same day they broke into the property), yet they still proceeded to enter the property when vacant. I have asked them to provide me with a copy of the warrant and all other details, letters, times of entry etc. Some of this they have provided but not all. For example they have sent me a copy of the letter telling the tenant they were applying for the warrant, and a log of the visit, which they call the warrant but isn't. I have gone back and asked to see a copy of the warrant, but they tell me (finally after having to chase them) I have to make an application in writing and enclose a cheque for ten pounds. Can they request this?
  10. Hi Guys Hoping someone can help as panicking a bit! Just received a letter from LCS demanding an eon invoice balance of £1600, plus £250 admin charge:faint:for the period April 2011 to July 2012. I am the landlord of the property the balance relates to. I bought the property in April 2011, and let it out early May, 2011. I had called EON upon purchase with meter readings, so I am sure they have my home address somewhere, but as this was a telephone conversation i cannot prove this.. Anyhow tenants left in March 2012, took meter readings and new tenant was in place at the start of July 2012. Tenancy agreement states all tenants are responsible for utility bills whilst at the premises. In between these times the property was empty, and no gas/electricity consumed. My assumption is that eon have been sending bills to the rental address and not my home address, and that they first tenant did not make eon aware of their occupation, despite the letting agent demanding they do so. My questions are: 1) What is my best next step - contact EON? I have read previous threads and they all say do not contact LCS no matter what. 2) Or send LCS a letter along the lines of Dear Sir/Madam Ref: xxxxxxxxxxx You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that we have no knowledge of any such debt being owed to The Loan Company. We are 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. We 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. We 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. We 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 3) Will part of the debt be time barred, as older than 1 year, seeing as they technically haven't billed me, or am I pushing my luck with that one? Many thanks for any advice. Corine
  11. Hi Guys Hoping for some help. Just got in to find a Jacobs letter headed BAILIFF ATTENDANCE - 24 HOURS NOTICE had been hand delivered through my door - no date on it. In short it states I owe £367 +CTS (whatever that means) and that they are in possession of a liability order from which they intend to seize goods to recover debt. I was not aware of owing anyone anything so a bit alarmed to say the least. However reading the references on the letter it is for council tax arrears for the period 01/8/11 to 27/10/11 on a property that I am the landlord of (and legal owner,) and that I let out. The last tenant did vacate the property on 27/8/11 and a new tenant came in on 28/10/11 so the property was empty during this period. The property is situated 40 minutes drive away from me, so the council is not my local council. However with my own council, when this happens they send me a letter saying that you property became empty on xxxxxx and you qualify for an empty property discount, therefore owe us £0 council tax. This empty property discount is standard - something you receive for the first 6 months providing the property remains unfurnished and unoccupied - hence why I do not believe I owe anything. Sure enough, I checked on this other councils (not my own) website and they confirm this. However unlike my local council, they say you have to apply online for the discount or print out a pdf and send it to them, which I did not know about so have not. I am annoyed as I have never have received any letter chasing payment - this is literally the first I have heard about. As they have now sent the bailiff to my home address they must have had access to this through which to send a letter. Had I received a letter, then I would have phoned the council to explain the property was empty, and perhaps they then could have informed me of the procedure I had to follow. I assume as the council have found me at another address, other than which the council tax relates to, they know that I don't reside their and there is every possibility that the house is therefore rental accommodation. Any advice would be much appreciated. Thanks
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