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Diesel2014

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About Diesel2014

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  1. I emailed a letter of complaint Thursday afternoon to CES about the fees being unlawful because of of Enforcement officer calling at our home address. I have had a reply from CES which says they have spoken to the EO who called and he is now saying after he called to the unit and I wasn't there he than rang me and I invited him to my home to discuss the matter. So they still think he acted within the law and do not accept my complaint. This is a blatant Lie he never rang me and I never invited him to my home. In fact he asked for a contact number when he was here because the council said they didn't have one for me. He also said he only called to discuss the matter not to take control of goods. This is another lie. How do they get away with it. I am ringing the council tomorrow to ask if they record telephone conversations as it will prove that they stopped him from taking control of goods but I bet this one wasn't recorded.
  2. Thanks Ericsbrother, I did try a speak to the council over the phone about how the CES has handled this but the lady I spoke to just keep going quiet on me and wouldn't answer my questions. All she kept saying is I need to beware daily interest is being added to the debt (but she didn't tell me the amount). It doesn't say anything in y contract that they can add interest to unpaid rent. I want to pay the debt but I want to pay the council direct not through the CES and I also want the CES fees taking off. I will write to the council and explain it all in a letter and see what happens from there. In the meantime the next installment is due in a few days and I'm not sure what CES will do if I make payment to the council and not them, When the last payment was due the enforcer kept texting me telling me I had to pay him or the agreement will be cancelled.
  3. Thank you so much Hceo, So as I now understand it was unlawful for them to attend my home address will all their charges they added still stand? and do I still have to pay through them. Can I not just make payment direct to the council direct and ignore any correspondence from CES. (even though the council have said they want me to pay through CES) Sorry if I sound daft in all this but I really know nothing about CRAR but also don't want an extra £700+ adding to this debt with interest. I did try to complain to CES about them calling at my home but they said he did nothing wrong, I really don't know how to reply to that as I don't now enough about it. They have also told me I can only discuss the case by email or letter as they will not discuss this over the phone with me.
  4. Hi It is for rent arrears on a unit we leased from the council It is being enforced by CRAR I have not been taken to court for this debt. The enforcement officer called at our home address because I wasn't at the unit at the time. He then said he was ceasing our goods at our home for the debt unless we came to a payment agreement. We asked for £150 a month he then said not enough so agreed to £300 a month, He rang the council to ask them if they agreed to that amount while he was waiting for the council to ring back he started to list our personal items. When the council rang him back they told him he couldn't list them as it was our home. The piece of paper he was writing on he folded up and then wrote on a different piece of paper the agreement I had come to with all the fees he had added on. But he said it was the wrong paperwork so he would take it away and send me a copy of the correct paperwork through the post. He has never sent me this copy. He also made out he was a high court enforcer he then actually said like the ones of the TV progam Can't Pay we will Take it away. So I still do not know what fees have been added or what interest is being charged as I have no paperwork telling me. No one at the council seems to know either. As for the 7 days notice of attendance I never received they are blaming Royal Mail and have sent me an attachment of the form which could easily been filled in anytime. The email from the company says he did nothing wrong by attending our home address.
  5. Hi everyone, More update from these. I emailed the Court Enforcement Services and asked why I didn't receive advance notice that they intended to call which they replied they did send the notice on the 18th July by Royal Mail 2nd class and once it has left their office it is not their responsibility anymore and they assume it is delivered. They attached a copy but it is just a general form where they could insert any date it is not a photocopy of the original notice. I also asked them if it is correct that the enforcer can come to our home to collect and they replied saying they feel he did nothing wrong as he didn't list any items. The only reason he didn't list was because the council stopped him just as he was going to start, He told us he could. They have listed the fees that have been added. DEBT - £4587 COMPLIANCE STAGE FEE - £90.00 OUTSTANDING - £4677 Commercial Rent Arrears Recovery Only Compliance Stage (Administration Fee) £75.00 Enforcement Stage £235.00 + if the debt is above £l 500. 7.5% (+VAT @ 20%) of the amount above £1500 Removal Stage £110.00 + if the debt is above £l 500. 7.5% (+VAT @ 20%) of the amount above £l 500 Writs of Control Only Compliance Stage (Administration Fee) 290.00 inc.VAT 1st Enforcement Stage £228.00 inc.VAT + if the debt is above £l ,000, 7.5% (+VAT @ 20%) of the amount above £l ,OOO 2nd Enforcement Stage £594.OO inc.VAT Sale or Disposal Stage £630.OO inc.VAT + if the debt is above £l ,OOO, 7.5% (+\/AT @ 20%) of the amount above £l ,OOO Where Removal and sale takes place Storage Costs Actual costs Locksmiths Costs Actual costs Any relevant Court Application fees Actual costs Auctioneers costs where the sale is held on the Auctioneers premises Auctioneers Commission Not exceeding 15% of the sum realised Auctioneers out of pocket expenses Actual costs Reasonable Advertising costs Actual costs Auctioneers costs where the sale is held on other premises Auctioneers Commission Not exceeding 7.5% of the sum realised Auctioneers out of pocket expenses Actual costs Reasonable Advertising Costs Actual costs Internet auction costs Actual costs In some circumstances exceptional costs will apply Agreed by Court I still do not know what the guy wrote down on the day for fees as he never left us a copy but i'm almost sure what he wrote was in the £500 region. I also was told by the council that interest was being added to the debt all the time but I don't really understand what interest. Can someone please help me out with this.
  6. Hi Everyone, Just a update on this situation, I have spoken to the council and explained that this company have turned up at my home without any warning and asked them if I could come to an arrangement to pay the council direct instead of dealing through the court enforcers. They have said no to this they want us to deal with them and not the council. I have still not received any paperwork confirming that they gave us 7 days notice and I still haven't received any paperwork from the enforcer to say what fees have been added. The guy who came to our home making out he was from the high court was texting yesterday saying payment was due and needed to be paid, I did text back and ask why I haven't had this paperwork yet and he tried to say in not so many words I had had it but even if I haven't it didn't make any difference anyway I still needed to pay him. Last night I made a payment to this company as I'm not sure what to do and don't want them at my house again. I'm not very clever with words on the phone and do not know enough about CRAR to call their office demanding this paperwork (if there is any) I feel like everyone knows they have done wrong and broken the rules but no one wants to admit it. I'm not refusing to pay the council but I can't live in fear of a bailiff turning up and taking our works van away.
  7. http://www.courtenforcementservices.co.uk/ This is their website and he signed it [name removed] who is not coming up on the link you have sent. OMG so he blatantly lied to us
  8. Danmcr, Are you saying this guy is not a Bailiff, He told me he was an High court enforcer like the ones on the TV programe called 'can't pay we will take it away'!!
  9. Thank you Ericsbrother, Thats what I was trying to find out. So now if I pay the council direct the agreed monthly payment instead of the enforcement services there is nothing they can do. Is that correct?
  10. The council haven't taken us to court, I asked the council and they said no they do not need to go to court first, as they are going down the CRAR route where they pass this on to the court enforcement services to deal with. The avoidance notice is the first letter we received from the Court Enforcement Service which he handed us when he came to our home. It says - I have visited the date and time stated above in relation to an enforcement power exercisable in accordance with part 3 of the TRIBUNALS, COURT AND ENFORCEMENT ACT My intention was to take control of goods in order to recover the sum of money associated with a writ or warrant of control If you fail to contact me within hours I may apply to the court for a warrant of entry as provided within paragraph of the Tribunals,courts and enforcement act. This is the first contact we have had from the court enforcement services
  11. It is for unpaid rent yes but they haven't taken us to court for it. apparently when they go down the Crar route they don't need to go to court first. The idea is they hire a high enforcement officer who turn up at your business premises and threaten to take your stock if you don't pay the arrears. This is usually enough of a threat to make you pay up. However we were not at the business premises when he called he googled us and found out our home address and turned up there. When we explained we do not have any stock and business premises was used to store furniture from house clearances but is empty he then said he could take personal items from our home and our work van. As he was just about to start listing our items the council rang him and told him he couldn't list them as he had come to our home as this is nothing to to do with the business. After he left I found out I should have been given 7 working days notice before he came which I didn't get but they are now saying they did send it but it must be lost in the post!! They are going to send me a copy. The only paperwork he left was an Avoidance notice. The council will not give me a straight answer and are telling me t deal with them direct but I wondering if the Crar is valid
  12. Ok so we have to wait for paperwork from them. How long should we wait? We don't really want them calling back out as the council said they charge for every call. I have to go out now for a couple of hours but will check back this afternoon. Thanks everyone for your help so far.
  13. ploddertom, He has already entered our house on the 31st. He was going to list our goods but the council rang him to stop it as they said he couldn't. The works vehicle is parked outside but at the moment is not listed. The unit was in my husbands name only and I am not part of the business what would happen if he sold me the van?
  14. Yes the Van is sign Written. I don't no what fees have been added as he left no paperwork as he said he didn't have the correct forms he wrote the details on a form that was the wrong one and said he would get it transferred over to the correct paperwork and send it us. That was the 31st May. The amount we agreed was £300 a month Yes ploddertom but don't really understand if they should call at our home address and be able to take personal items when this was nothing to do with our business
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