Jump to content

 

BankFodder BankFodder

scatz1972

Registered Users

Change your profile picture
  • Content Count

    535
  • Joined

  • Last visited

Community Reputation

103 Excellent

About scatz1972

  • Rank
    Basic Account Holder
  1. Thankyou . I will send a recorded letter to them telling them just that. Thanks again.
  2. Hi, earlier this year I moved phone providers and between my normal quartly bill being received and my final bill I received a letter from SC Gray solicitors saying I owed BT blah blah and for me to contact them. I didnt contact them, but contacted BT instead and pointed out that I had moved providers and was waiting my final bill. They stated that they talk to SC Gray and would await my payment. I paid my bill in full. Yesterday I received a letter from SC Gray saying that there was still an outstanding amount of £20.60 to be paid. I contacted BT and they said that my balance was zero and for to contact the debt collection company, they also said that the £20.60 was probably the DCA's fees Can a DCA chase me for their fees and take me to court. What should I do?
  3. I found this thread by tomtubby which may be of some help to you http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/195735-council-tax-bill-over.html I dont know if Tomtubby is able to receive pm's now, but perhaps it could be an idea to try her.
  4. "He posted a letter through my door 15 minutes later to say that he levied goods in my hall which he could view through my letter box and had made an additional charge for doing so. He has said he will be returning to collect the charges with a van on Monday. He has said that will cost an extra £240" Just notice this, do you still have the letter, and does it really say this? If you do I would keep this in a very very safe place and me personally I would go all the way with this and try my very best to get this bailiff's certificate removed.
  5. EVERY person within local authority will have knowledge of this case. I suggest you write to both the council and bailiff company by recorded delivery quoting this case (below) In your case the bailiff has clearly made an external inspection without gaining entry into the property and that this cannot therefore be a valid levy . Tell them unless they confirm in writing that the levy has been removed and charges relating to the levy removed then you will have no choice but to make a form 4 complaint to the court that certificated the bailiff. LEGAL CASE: EVANS v SOUTH RIBBLE BOROUGH COUNCIL (1991) COURT OF APPEAL. This case demonstrates clearly that in order to levy distress on goods, seize and impound goods, the bailiff must first have gained entry into the premises. Background: This case was an Appeal by a Community Charge payer against the decision of the Magistrates Court that had dismissed her complaint against the bailiffs that had levied on goods on behalf of her local authority: South Ribble Borough Council. The bailiff had attended at her property for £341 of arrears. Mrs Evans was not at home when the bailiff visited, the bailiff then posted an envelope through her letter box containing a notice of Distress, a draft Walking Possession agreement signed by the bailiff and requiring Mrs Evan’s signature and return plus various other documents that explained the methods of payment, and the amount of the debt. Mrs Evans did not return the Walking Possession; instead she sought legal advice about this method of seizure. In his Judgment Mr Justice Simon Brown, reviewed the law and he concluded the following: “Once entry is made, very little in the way of seizure and impounding is required…...but there must in the first instance be an entry (into the property), thus: it is my clear conclusion that external inspection and posting through the letterbox is a course of action insufficient to bring about the legal consequences of Distress” And that: the process of distress consists ofthree stages; · the entryinto the premises, · the seizureof the goods · the subsequent securing of the goods (generally called impounding)
  6. I have always understood it that you dont need a receipt to get a refund or exchange, what you need is proof of purchase. i.e your bank/credit card statement as you originally suggested. Perhaps a call to your local trading standards will sort things out.
  7. If I was you I would write to the council by recorded delivery to apply to have the outstanding council tax deducted directly from your Income Support/Job seekers Allowance under the following regulation: The Council Tax (Deductions from Income Support) Regulations 1993. Deductions can be made straight from your benefit at a rate of £4.55 for a couple £2.90 if you are single. I would also send this letter recorded delivery to the bailiff, its taken from the wiki. To: Bailiff Company Date: Dear Sirs, Re: Account reference. I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax. In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return. The purpose of this letter is to advise your company that I am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.) I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993. For this reason, I would like to request that this account be referred back to (local authority) (local authority) so that the relevant forms can be completed. I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action. As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court Could you please confirm safe receipt of this letter, a copy of which is being sent to my local arecordeduthority. Yours Faithfully.
  8. From the wiki thanks to Tomtubby, edit it to suit your needs. Dear Sirs. SUBJECT ACCESS REQUEST (S.7) Re: (Enter you reference details.) Thank you for your letter dated (insert date) the contents of which have been noted. Unfortunately from your response it is clear that you have not complied with my Subject Access Request dated (insert date) a copy of which is enclosed. (enclose a copy). As you are aware, I am entitled, by law, to a detailed breakdown of all of the costs that have been applied to my particular case. Your letter dated (insert date) merely states the amount of your charges; it does not provide a detailed breakdown of how those charges have accumulated. In relation to my queries on the matter of the bailiff’s certificate, you have not confirmed details of the bailiff’s certificate. (enter details if necessary) Accordingly, I wish to put your company on notice that: if I do not receive from you all of the information previously requested, by close of business on (insert a date for 7 days time), I will be left with no other alternative but to commence legal proceedings against you without any further reference to you, both in regards to your failure to comply with your statutory obligations under the Data Protection Act 1998, and for recovery of fees unlawfully charged to my particular case pursuant to……… (With regards to Parking Charge Notices): enter: (The Enforcement of Road Traffic Debts) (Certificated Bailiffs) (Amendment) (Regulations 2003). (With regards Council Tax or Business Rates) enter (The Council Tax (Administration and Enforcement) (Amendment) (Regulations 2003) Please note that, if you then produce in evidence, documentation which ought to have been disclosed to me by now, I will have no hesitation whatsoever in referring the Court to this letter as evidence of your serious default in this matter. A copy of this letter is being sent to (insert name of local authority). Yours Faithfully
  9. Indeed they are! Anyway happyness returns, just managed to get put through to their legal dept in England (dont ask me how I got put through ) and the lovely lady said she couldnt understand why they had processed my claim that way and that she will refund ALL of the interest ...YAY:D
  10. how can they charge ME interest for giving me MY charges back???
  11. Hi I recently had a repayment of charges from CAP1, although I havent received the cheque yet. My card was at its limit of £200 Cap1 done a cash advance equal to my claim out of my account. Cap1 credited each part of my claim back into my account, £75 court fee, £150 interest etc etc. Yesterday my account was at its limit of £200 Today my account is over its limit by nearly £22 :? Cap1 have charged my account £22 in purchase interest:shock: I normally only pay a few pounds interest each month but due to CAP1 not reducing my balance to zero as they said they would do in their letter to me and instead giving me my charges as a cash advance (they are sending me a cheque for the whole of my claim) I have now incurred loads of interest and no doubt that unless I clear my account as soon as my cheque arrives then it will be the same story next month
  12. Hi This has probably been asked a dozen times before, so direct me to the thread if it has Anyway OH is claiming back his charges from HSBC and I was wondering if he can claim back a section of the managed loan. At least £400 of the loan was made up of charges as he was overdrawn by this when he was forced to take the loan out.
  13. T Mobile wouldnt allow me to drop my tarrif down, apparently they stopped allowing it a while ago. Our household has 3 phones on contract with them, all under the same bill and due to their uncompromising attitude I will be canceling all of the contracts as they come up for renewal. One ends this July, the next will be August and then December. I was a happy T Mobile customer for 8 years and not once was I late paying my bill.
  14. Woohoo, just got my letter this minute...CAP1 are paying up charges plus their purchase interest plus court interest and court fees. Will send on my donation as soon as the cheque arrives.
  15. Thanks...lets hope its sooner rather than later, I could really do with the £
×
×
  • Create New...