Jump to content

Showing results for tags 'liability'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hi, On my front driveway I share the boundary with my next door neighbour. Reluctantly agreed some years ago to let them replace the boundary wall. They did a bad job (on our side only). Also they then moved the front driveway gate post back as they kept crashing into it. This created a dangerous step which I have nearly fallen over several times as I walk out of my driveway. I have wanted my driveway gate post reinstated for a long while into its proper, original position, at the end of the drive. We only originally gave permission for it to be built back a foot or two from the end whilst the neighbours were driving and they have lost their licences now. Question: This morning a car turning around in my driveway crashed into the wall and knocked down this post and a bit of wall. I do not want it replacing back in its 'wrong' place. Am I legally entitled to refuse permission for this, now? I just want it putting back in its right place which would get rid of the dangerous step too and allow me, finally, to have some driveway gates and the security I require. Thanks
  2. Hi All My partner was involved in a road traffic accident in March 2013. It seems an obvious case where the other driver was at fault, yet the insurers have just decided that liability cannot be proved so have recommended a 50/50 settlement. These photos that show the approach to the junction where the accident happened: http://s511.photobucket.com/user/rk1974/library/Road%20Photographs pictures 1-3 show my partner's approach to the junction (heading north), picture 4 shows the other driver's approach (heading south). Here's what happended: My partner was driving on the road shown above, on the right hand (inside) lane, driving northbound. She noticed the light was green so proceeded throught the junction. In a split second she noticed another car pulling in front of her, but it was too late, the next thing she remembers is her head hitting the air bag. The other driver was coming from the other direction (southbound) and had made a right turn attempting to cut across two lanes of oncoming traffic. She hit the right-side of my partner's car at the front, the other driver suffered damage to the front of her car. The cars rested on the road and blocked the northbound traffic (in photos 1-3, on the left side of the road). Given the damage caused to both vehicles, where they ended up on the road and the laws of motion, this situation could only have been caused by the other driver driving into my partner's car. Now I thought in these cases the standard response was to find the other driver at fault since she caused the accident by driving into a flow of oncoming traffic? The police were called to the scene and the drivers were helped from their cars. My partner remembers a bus was in the left lane travelling in the same direction as she was when the accident happened. She was told by the police the bus driver reported the accident. My partner also remembers an off duty police officer arrived at the scene immediately and checked her condition. The police later contacted my partner to say the other driver was given a formal warning about her driving. The other driver claimed she was not liable and claimed she was stationary when the accident happened. We thought this was laughable and simply a standard case of not admitting liability until all the facts were evident. If you look at photo 4: http://s511.photobucket.com/user/rk1974/media/Road%20Photographs/road4_reverse_zpsb820d3a9.png.html?sort=4&o=3 the other driver could not have been stationary. To be in a safe position she would have to be in the right lane on her side of the road waiting for the filter light to turn green. Even if she had pulled out ready to turn you can see that there is plenty of space just left of the box junction for her to have been in a safe position that does not obstruct the oncoming traffic. Given the positions the cars rested in, if she was actually stationary her car would have to be positioned sideways (she would have had to been static in the box junction with cars oncoming!) and my partner would have had to swerved left then back to the right to cause the damage to the cars! The insurance companies have determined as the police warned rather than prosecuted the other driver liability is not certain. My partner was asked by the police what course of action she recommended. As she thought the other driver would suffer enough financially if she was found liable, she recommended a warning. If my partner recommended a prosecution would this have influenced the police's decision? The insurance company are also claiming there were no witnesses. This is something we will investigate further by contacting the police for copies of statements and Transport for London for the bus driver's testimony. CCTV cameras were also not in use at the time of the accident. Can we also request a detailed breakdown of the other driver's counter-claim as what we have been told so far seems frivolous? And a full breakdown of how the insurers reached their decision (Data Protection Act - Subject Access Request)? My partner's insurance company wrote to her to say that liability cannot be determined. It could be in court, but they recommend against that. So they've decided it's a 50/50. Thanks if you've taken the time to read all of this, any help in this matter would be greatly appreciated. Cheers, P.
  3. Pretty much as the title states, new policy in the handbook states we are no longer allowed keys, money, jackets (even worn) etc on the call floor and have been supplied with small lockers with repeating keys, no one is assigned a locker and its based on a trust system. The company is not accepting any liability for lost/damaged property and are sending people home AWOL if they don't take off their Jackets or putting Keys in the locker. Is this acceptable for the company to do this? It's a call centre Btw Cheers -EDIT- Right so apparently some guy got told to put his medicine in the locker downstairs or to leave and go home which caused a ruckus, policy has now been reviewed and some obvious conclusions came to (sick people need medicine and storing your house/car keys in a locker to then have a locker key on your person is a bit redundant) Only the jacket policy now- which I actually understand so all good:)
  4. Hi are liability orders for council tax statute barred. I am fight one from 2005 and 2007. Brilliant site keep up the good work you have been amazing giving me advice over the years that has actually worked - have managed to save thousands!! Best regards Sharon
  5. Moved from benefits into a job. Paid around £150 each month for both council tax for current year, and arrears. The council threatened to take me to court for unpaid council tax. I explained my payments covered the whole of the current month's installment, plus agreed arrears at an amount I'd agreed with them. Everything I had paid had been agreed between them and me. The council admitted their mistake and said that - as I thought - they'd just been taking my payment and paying it on this year's bill, meaning nothing was coming off the arrears, but my current year's council tax was paid way in front of the installments due. They admitted their mistake in writing, apologised and said it wouldn't happen again. Problems with Royal Mail meant a lot of my mail went astray, so when it turned up, it appeared I had been sent a Summons, sent to court and a Liability Order granted by the council for my Council tax - all without my knowledge. And even better, all for something I didn't owe. Yes. yet again, the council had been taking my payments, putting it all towards the current year's council tax installments and yet none of it had been taken off the arrears - their mistake again. I wrote to the council explaining what they had done. They replied in writing, apologising for sending me to court, acknowledging they had made a mistake and I shouldn't have been taken to court at all, and that they would not be charging me the court fee. Nice of them! So, what do I need to do next? Where do I complain to? Does the Liability Order I should never have been given, affect my credit rating? Not surprisingly, I am absolutely fuming and have no idea where to go next, what to do, where I stand. Tempted just to ring the local newspaper but want to stick to jumping through the right hoops for now.
  6. Some posters are or have asked in the past about how and if a LO needs certain things for it to be legal/lawful. Please read the attachment to answer some of these important questions, as the FoI shows it can and does answer many of these questions for you. Some questions have been Signatures Stamps and so on this may answer your questions This FoIA request was made in June 2014 (not by me btw) The document was named as council_-tax-liability-order-hearings-plymouth-magistrates-court or here https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCQQFjAA&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F324610%2Fcouncil_-tax-liability-order-hearings-plymouth-magistrates-court.doc&ei=Fr5ZVYusD8v8Uv3bgZgM&usg=AFQjCNEpoIEH9Sp0CS3UqetGpvmrG-ENHw&sig2=WIUzNwsDh4f4n4gz6vQprg
  7. Hi, I'm posting on behalf of my sister. A few weeks ago she was parked in a supermarket carpark and was just about to open the door to exit. She had the door already ajar, while she gathered her handbag etc, before opening the door any further she looked over her shoulder and a car swung in wide into her space (at speed) and caught the side of her door (see picture attached). The chap at first admitted liability and apologised. Luckily my sister had the common sense to look otherwise she could of easily had her leg crushed. What we thought would be a open and shut case has now been going on for 3 months. My sisters insurance company are next to useless and keep saying she should claim on her policy and claim back later. My sister refused to do this. She said she wanted to claim direct from the third parties insurance. Today she receives an email stating the other party will not admit liability and she is liable for the full repair. We have supplied a number of pictures which clearly shows the point of impact, however the third party are now saying she swung her door open. I believe the pictures shows this is not the case as the damage would be on the inside of the door. We are now thinking about claiming via the small claims, would this be a route to follow?, perhaps this would persuade the other party to admit liability? She has legal cover, this hasn't been any use what so ever so far. Can anyone help with suggestions?
  8. Hi and HELP PLEASE!! We had a liability order taken out on our previous property (when we were in it) for council tax arrears in 2005 and 2007. We were paying off when we were in the house but things happened, my mother passed away suddenly in Zimbabwe, we had to move house as owner was selling, a few new medical problems presented themselves and we somehow did not carry on paying. Did not hear from Croydon Council for many years (2013 nearly 7 years since we had moved out of the previous property), again started paying off but then had to change jobs reduce hours and income and some more medical problems happened. My last contact with them was for them to agree on my payment plan which was about 2 or 3 years ago but again heard nothing back, and will all going on completely forgot to chase. I am also in receipt of disability allowance and receive council tax benefit for the current property we are in. a few days ago I received a letter from them which I replied to via email but have heard nothing back. Today 07/02/15 received a letter/notice from Confero Collections Ltd which is a Notice of Enforcement. I don't want to deal with bailiffs as healthwise will make me worse. Can this debt be re-enforced as its from 2005 and 2007 as its a liability order. Any advice would be appreciated. Have been using your site for years to claim back all sorts from bank charges to PPI. You guys do amazing work. Best regards Sharon
  9. I will try to keep this brief: We were in financial difficulty and so in July 2012 we gave the keys of our house back to the bank as voluntary repossession and left. We moved from England to Scotland and started afresh. Around xmas time my wives parents forwarded mail from the council to us which was a bill for council tax. I wrote on the bill that we had given the house back to the bank and they should pursue them, and sent it back to the council. Fast forward to October 2013 and we get a letter direct saying we hadn't paid the council tax and that fees had been added. I wrote back telling them exactly what I had written previously. It's been to and fro since then, with them acting like they are above the law. They haven't sent any bills marked Reminder of Final Notice to our address (or any address). They haven't sent any letters before action to our address. They haven't sent any letters giving us a date for the hearings. They haven't sent any letters regarding action after obtaining liability orders - which were apparently gained on the same day as the summons'. They haven't sent any liability orders to us - either a council construct or an original legal document. They even admitted failing to send them to me - they claim to have sent things to our previous address. They instructed bailiffs to contact us - even though we're now in Scotland and this is not allowed. I've complained and pulled them up on loads of stuff but they are trying to fob us off. I have also explained that we haven't paid anything because we simply don't have any money - we wouldn't have given our house up if we had money!!! It seems that because I'm standing up to them they are now saying that they are going to the magistrates and asking for a warrant of commitment and recommending we are sent to prison. This seems like they know they're in the wrong and are just trying to punish us for standing up to their bully boy tactics. I am going to put in an escalation to the complaint today and say that because none of the letters they say they sent were to our current address then the law says we haven't received them and as such they should set aside all summons/liability orders etc. I've seen it suggested somewhere that I can ask the magistrates to set aside the liability orders because of this. Any thoughts on this? How do I go about getting a magistrate to set aside liability orders?
  10. Hello, Just received a Court Summons letter for unpaid Council Tax, but I believe that I'm not liable. My wife and I rented a flat from a private landlord from June 2013 to January 2015. We have a copy of our Tenancy Agreement which states clearly that "the rent is inclusive of gas, electricity and Council Tax". A Council Tax bill arrived in July 2014 but was ignored (in hindsight, probably should have dealt with it). Another Council Tax bill arrived in December 2014. This time I wrote an email to the Council stating "we're not liable - see attached Tenancy Agreement to see we're not liable". The Council wrote an email back stating "you are liable as your name appears on the bill". wrote an email back stating "we're not liable, did you even look at the Tenancy Agreement, under no circumstance will we pay unless a Judge insists we must". Note that the Council only wants Council Tax for the period July 2014 to January 2015. I have two concerns. Firstly, it's clear something changed in the summer of 2014. I worry that the Court may say something along the lines of: "the Tenancy Agreement terms were changed by the landlord, so that rent was exclusive of Council Tax, landlord didn't inform you - you need to pay the Council Tax and sue the landlord separately". Is this something that's legally possible? And Secondly, I worry that if the Council finally realise I'm not liable, that they will continue to seek payment for Costs of £86 which appear on the Court Summons letter. They may say: "you didn't inform us about the liability dispute until the Costs had already been added so you have to pay". Whereas I would argue that my emails sent in December should have been enough to see that I wasn't liable. Do I have a case? I have booked an appointment with the Council so will hopefully try to sort it out. Affordability isn't an issue as we would be able to pay in full if required. Any advice will be appreciated.
  11. I bought a salvage vehicle earlier this year. Repaired it. It was a cat. Then later on the car was reversed into by a tesco insured driver. My vehicle was taken away to the body shop while i had a courtesy vehicle. Two weeks later i was told that as my vehicle had been involved in a previous accident and the damage had not been fully repaired. My insurance company offerred me £100 as salvage and told me the vehicle would be a cat c. I asked for the engineers report which stated that the damage was similar to the damage the vehicle had sustained in a previous accident and that the vehicles value was £1000 plus the mileage quoted was incorrect as the car had only done 68000. The engineers reoprt stated that the milage was 83000. I told my own insurance company about this and they said chase tesco who will be able to handle this claim . I then contacted tesco who have sent me from pillar to post. I.e Wanting proof of repair, Where the repair happened, How much i paid etc. Where the parts came from etc. I got a letter of the garage who repaired it. over the 3 months i have been given the run around. Something i found out earlier this week. My vehicle has had a cat c marker placed on it by my own insurance company who will not remove it until tesco place their own category marker on it. MY company is ageas and the policy underwriters for the third party are ? youve guessed it Ageas. Tesco came back with a offer of £290 after their own engineer came out to inspect. Then after waiting for 2 weeks for this payment to arrive which i was going to reject. i phoned up only to be told that i claimed major damage to my car where as there was minor damage to it. So now it is being further investigated. What do i do ?
  12. After them trying every possible trick to wriggle out of their obligation to do so and then unnecessarily wasting both my time and the time and efforts of FOS, after a fully 2 years, Halifax Bank have finally conceded (after being instructed by FOS to do so) and made me a settlement offer for miss-selling me PPI more than 15 years ago. If nothing else, this paragraph, should simply say, be patient and stick at it On reading the settlement offer letter, I was surprised to that the bank have unilaterally decided to make a deduction from the amount due to me for “taxation due, at the standard rate” Whilst the total compensation amount offered is within a few pounds of what I have calculated, I had not considered that the bank would deduct 25% of the interest element. Whilst I knew that I would possibly have a tax liability on the interest element of this compensation, my immediate reaction to this was that my Tax affairs are between me and HMRC and any liability due (to HMRC) is mine to sort out direct, at the end of the Tax Year. I called Halifax to question why they had made this decision. The response given was that this kind of deduction is “standard practice and in accordance with FSA guidelines” Can anyone advise on this please? I completely disagree with the stance taken, this bank has no knowledge of my tax code, my Tax number, my payment relationship with HMRC, or liabilities I have (if any), so any errors in calculation and or payment will be practically impossible for me to recover downstream. Whilst the bank said they would write to me confirm the deduction made, providing a copy of their notification to HMRC, I do not trust them to either do so, or get it right in a timescale that is consistent with any liabilities I have to HMRC. I also do not trust them to immediately pay the ”amount due”, giving them the opportunity to take the benefit from any interest due, rather than me. This is a bank that has already miss-sold me PPI, denied any wrong doing when I complained, lied to me by ignoring their own industry code of conduct in rejecting my complaint and then, further tried to deceive FOS when they got involved so why should I trust Halifax to correctly pay the Government on time, on my behalf. If (when?) they get it wrong, who will be left holding the baby? How can I stop these crooks doing this? I’d phone FOS, but suspect that will not want to get involved as it's not in their remit, so is there a standard letter template demanding them to pay me the amount due in full? TIA
  13. Hi hoping someone can give advice. A couple of months ago we engaged a builder to do some work. We ended up with water ingress issues. The builder accepted liability and everything was going through the loss adjuster. However last week the adjuster informed us that the builder had decided that as we owe him money (we don't BTW) that the claim cannot move on, basically he is telling us that even if the insurance decided to pay out they would pay directly to the builder to cover his losses. Surely this cannot be right as ; 1. We don't owe him anything and even if we did surely that has to be dealt with separately. 2. The adjuster is also saying that the builder has to give the insurance the OK to pay the money - I thought once the builder had agreed liability then it was between us and the insurance nothing to do with the builder 3. Why is the insurance company saying that they cannot deal with me (won't even answer a question) they say everything has to go the adjuster. Help - advice would be appreciated
  14. Hi All, I purchased a property which is split into two self contained flats, however, it is derelict (not habitable) and requires lots of work. I also work out of town and am not always in the city it is in to check mail. I've checked the letters there and: 1. Dated 3rd September I received a summons to appear at court on 1st October for the two flats. 2. on 9 Sept I paid the bill (previously received) in full for both flats (having not been back to the property to check for any new mail) 3. Dated 3rd October is a letter stating that I must pay £130 (total £260) for each flat which is £65 council tax and £65 costs and if this is not paid within 7 days council agents will be instructed to collect the debt (i've checked the mail today on 15 October). My question is do I have any grounds to appeal this as: 1. The property is empty since purchase. 2. I paid the original bill in full. 3. I often work out of town. HELP PLEASE!
  15. Hi I had an issue, see previous thread, locked due to comments made by other members. http://www.consumeractiongroup.co.uk/forum/showthread.php?434113-Incorrect-CT-Liability-Order-and-Bailiffs-Forced-to-Pay-it-by-Police(1-Viewing)-nbsp I had an issue where council generated incorrect Liability Order stating I owed this much when I did not, it has took months and months, almost 10 in fact and they finally only 2 weeks ago stated they made a mistake and it would be resolved. Its all in the other thread. Here lies my update. After receiving my new Genuine Revised Council Tax bill on Friday morning amended to show the exact dates I actually lived in the property, actually what my outstanding balance was (stated genuine purely as someone on the other thread said I probably made bill on computer), this now differs somewhat to the liability Order they raised some time back after telling them it was wrong. Basically my question for this is what can I do with regards the Order that was raised incorrectly, even when they knew it was? Obviously if i get a bill saying I owe this much, I will pay, but when you get a balance that is somewhat higher I will not pay it regardless, especially when they refuse to amend it for whatever reason. My main pressing concern is where someone said Bailiff who entered my property aided by Police acted Lawfully. He stated he was informed by Council on Friday to proceed with order and collect Full amount Outstanding. Didn't show me proof, didn't show me ID, obviously didn't comply, called police and wasnt instructed by anyone. Police arrived, basically made me pay exactly what he was asking for without any proof from him, just a slip of paper with 4 lines and total balance. If i didn't pay, take a car not belonging to us (bill of sale in partners name only) or my Business Assets failure to comply would result would be arrested for breach of peace. So had no option but to pay leaving me with hardly anything left. Today I get informed after numerous calls over 5 hours that Council gave no instructions at all to bailiff company and that pending action wasn't being taken at present due to known error that had occurred which by this call had been rectified. So basically bailiff tried to come into property on a blatant lie, having police aide him in his so called lawful duty as they put it. Now I have email today from council telling me that it has been sorted, how much is actually owed etc, also confirming that they didn't instruct any bailiff action and that as of 1st September as per received letter it was still on hold until further notice So bailiff now definitely acted on his own accord with no instructions, lied to police who they based on his lie, aided him in forcing me to pay money I didn't have to or else I faced possibly arrest. Basically if you read thread most is on there, just now can clarify that monies was owed, but left on my account to pay was £73 for the year. Council apologised and said they will speak to Bailiff Company as they don't understand why he did this but all they could do is get them to refund the difference between the original debt on Liability Order and the Correct amount they revised it. Unfortunately their Fees are not our responsibility that goes to the bailiff so other than that that's all we can do but at least its sorted now and balance cleared and then obviously asked if I was now willing to pay outstanding for this years as refused to pay it from June when they were reluctant to fix their mistake. I did query why I had 2 council bill accounts instead of just amending address change on other one but said human error and its just one of those black friday cases that happens once in a while but not to worry as I have paid the balance at least. I have already raised formal police complaint based on they actions of the Police Officers but also wondering if I have grounds for reporting a crime. The bailiff acted on his own authority and I was subject to intimidation by police and in some case blackmail in that if I didn't pay what he wanted regardless of whether right or wrong I could face possible arrest. Also council state under no circumstances can an Order be revoked they can amend amount but it was still be enforceable. This should never of gotten to this stage in first place as they were told back in December, January and February that it was wrong and their notes on their system clarify my concerns but it was never actioned. Who is right and who is wrong in all of this? Is liability Order correct and still valid? Can I not have back Bailiff £310 Fee? Was it theft? What ground if any are there towards Council, Bailiffs etc for all of this situation? Note bank were no help and said can only do a chargeback(as some stated is option) once transaction is authorised and not still at pending and that may not constitute one, also fraud said no as I handed over my debit card regardless of circumstances. I have had to keep my little one off school today due to all this hassle, and the ordeal has left my partner physically sick with whole ordeal and situation and I cant drive and cant afford taxi fares and this took more pressing matter to resolve. Only thing been told so far is complain for maladministration on behalf of council and bailiffs action as for council to pick up on as they are their agents? What does this achieve in mean time?? I for one now have to try and sort out my p***ed off landlord who expected this today and who i cant tell exactly when will get rent! Feel like phoning police and reporting it as crime as to me in some instances i believe it is
  16. Not strictly bailiff stuff but someone who knows council tax law on here might know the answer, it has gone to enforcement by the way costing many times the amount we previously owned even though I tried a reasoned debate about this. We bought a property to refurbish around December of 2013. It was empty for a few weeks before someone moved in. The council issued a bill for the few weeks it was empty and when I called for an explanation they said although they don't charge council tax for an empty period of two months the previous owner had already used that allowance up for that year so we had to pay. It seems the allowance is on the property rather than who owns it. Now, how are we supposed to know that this "allowance" was used up? Who make this stuff up? The council obviously but is it legal? It would surely be illegal for unknowing jeopardy to be unlawful? We dropped ignorantly into a charge that we could have known nothing about. I think the reasoning might be to prevent evasion by changing ownership but we are not related in any way to the seller and in any case it costs money to assign a property.
  17. I’ve been researching into ‘typical’ courier terms and conditions, with a particular interest in liability clauses. I’ve long been of the opinion the majority constitute unfair contracts and a shirking of responsibilities at the expense of consumer rights. What annoys me more than anything is the tendency for couriers to imply consumers require (and should pay for) additional insurance against loss, theft and damage. In my opinion if any of these eventualities occur it is as a result of negligence and (or) failure of the supplier to exercise reasonable care and skill. It is for the supplier to arrange their own liability insurance for such eventualities and neither fair nor reasonable to expect the consumer to be made responsible for supplier negligence. To this end I am particularly fond of point 18.2.3 in the OFT, which among other things states that “The supplier should not make the consumer his insurer”. For the purposes of this post I have analysed CityLinks terms and conditions which I assume to be typical of most. I have highlighted each clause which I believe to be at odds or at least questionable according to the OFT Unfair Contract Guidance. Please note the following are not the FULL terms and conditions provided by Citylink, they are merely the ones I deem relevant or dubious: The corresponding sections from the guidance are: I also felt the following section was useful for when the supplier tries to push toward the subcontractor (perhaps if you used a parcel broker service) I hope people find this useful when taking these organisations to task.
  18. Hi Everyone New as an actual member, but a regular viewer of the forums for advice over the past 6 months with regards to debt. Please can you help with a couple of questions: 1. Is a bailiff company (grrrr Rossendales) allowed to charge enforcement fees at the new rate (£235.00) on a liability order that is pre April 2014? 2. (Liability orders pre April 2014) If a bailiff makes one visit to your house, does not speak to the tenant and then shoves 3 liability orders through the door - Can they charge x3 1st Visit costs? 3. If a bailiff was made aware that the householder was a lone parent and suffering from depression and anxiety and on medication, should the bailiff have informed them that they are a 'vulnerable person' ? 4. How long is a Liability Order valid from the date of issue? 5. If the liability order is in the name of co-habitants - Miss and Mr - and the Mr is now not living in the house (in prison) is the remaining householder responsible for the whole debt of the liability order, even though it is in two names? Sorry for the long list of questions, but just trying to get these points straight in my head - am helping out a relative who is being hounded by these dogs. Any advice would be greatly appreciated. Many thanks.
  19. Hello, I have received a enforcement notice - re Council tax liability order and need to appeal The reason for appeal is - I have not received the council tax bill despite telling the council to send me - 3 times - I was not sent a letter for intent of court proceedings - I was not sent a summons letter - not being sent a summons, hence not able to defend. The property was rented to a tenant who left and informed the council a wrong moving date. I told the council that the tenant was lying and sent me an email with a different moving date and then they did not move out on the agreed date but overstayed. After leaving they did not close the utility bills and I finally got a utulity bill - a different date again - nearly 1 month after they left the property, still no keys returned. The council found my number somehow and told me to pay the money from when the tenant has told them they had moved out. I informed that I will not be paying someone's bill but I am willing to pay from when I had infomed them that the tenant had left. I will pay my liability from that date but he said that he cannot change the system and I have to pay from when the year starts being 1st Apr, even though I was paying extra 26days. I also told them to send the bill and the receipt by post or email but have not received anything. Having looked at form N244, and reading the posts, the enforcement notice does not have a claim number and I do not a clue what the number is, so what can I do, where can I get it from or can I leave it out? there are two enforcement notices with two different account numbers, - do I need to fill out two N244's or can it be done with one? How do I go about appealing and possible set aside the judgement? Any help appreaciated. Thanks
  20. Hi This morning my car was involved in a collision, whilst parked in the street outside my home. Another car was parked behind me, and a third party has smashed into this car, catapulting it forward into the back of my car. Unfortunately this third car failed to stop and whilst I saw them drive away, I was unable to catch the reg number, so I’m assuming they either won’t be traced by the police or even if they are, the car will be stolen, uninsured, etc. I spoke to my insurers this morning and they indicated that in the event that the other driver isn’t traced, my claim would be against my policy, with the other (parked) car involved claiming off their own policy. Is this correct or should my insurers claim off the car that actually hit me, even though the owner of that car was not actively involved? That would seem very unfair, but I seem to remember reading about similar scenarios on here, where it was stated that you claim off the car that hits you and they then claim for both costs off the third car. Is anyone able to clarify what the normal policy is? Thanks
  21. Hi I have just received mail that the council have obtained a liaibility order for £3508 for council tax going back 2011 despite me providing them with tenancies and written statement that I was not living there and not responsible for council tax. Now they have obtained a liability order for full amount despite me not attending or receiving summons. If I had attended I have evidence to prove I am not liable to pay. I have contacted the court to make statutory declaration of failure to receive summons and they replied today: " You cannot make statutory declarations regarding these matters, i believe it would have to be a judicial review. You would need to send everything in writing to are listings department. Thanks XXX From: XXXXXXX Sent: 07 July 2014 13:31 To: XXXXXXXXXXX Subject: FW: Statutory Declaration Hi XXX could you please reply to this ta XXXXXX Customer Service Department Tel: 0121 212 6609 I am not authorised to bind the Ministry of Justice contractually, nor to make representations or other statements which may bind the Ministry of Justice in any way via electronic means From: XXXXXX Sent: 07 July 2014 11:09 To: WM-Customer Services Birmingham Subject: Statutory Declaration Dear Sir/Madam I wish to make a Statutory Declaration that I did not receive any court summons in relation to a recent Liability Order made by Birmingham Magistrates Court for the amount of £3500 for uncollected council tax on behalf of Birmingham council. The only notice I recieved was from the council to state that they had obtained a liability order against me. I am disputing liability for this amount and wish to have a court hearing where I can present my evidence. Could you inform me whether I can make a Statutory Declaration via email or in writing or if I can attend court? Best Regards" Is the email correct that I cannot dispute liability for £3500 and have to pay it now despite not having chance to prove I am not liabile? HELP!
  22. Hi Can anyone please clarify for me if I am liable for council tax arrears for a property I lived in, but was not on the tenancy agreement for? Ive tried to question this with the council but am not receiving a response. Thanks
  23. Hi guys, hope to get some help on getting control over Council Tax arrears that have mounted up. I have had several years of dipping in and out of depression where I have not managed finances and don’t have full records of letters, so I am making a determined effort to get all my financial affairs sorted. Current situation is that I have five separate balances handled in the following ways: 1) Currently collected with an attachments of benefits (Income Based JSA) 2) Pending – To be collected by attachment of benefits once the first is paid off 3) Three separate amounts lumped together in a payment agreement These amounts total £35 a month and I’m worried about managing to pay this long-term. I’m also dubious about some of the amounts they have. One is from a time I was on housing benefit and I have always just received council tax benefit automatically without explicitly applying. I’ve found out there are 3 Liability Orders against me and have all the info regarding them except date passed on for enforcement and all the payments I have made on them. My aim is to take off the attachment and pay at a reduced amount till I get back on my feet, but the council have told me I would end up having to pay more without an attachment. Also, if I have missed the council’s one month time limit – can I still appeal against something? I figure a Subject Access Request is the first step, but any other advice would be appreciated as I am a little overwhelmed.
  24. Hi everyone I've tried searching but Google is rubbish when you use the word "tax", it gives me loads of corporation tax rubbish. My sister sold her car last October (2013), to be more accurate it was a part ex. A few days after the sale, of which she has proof, the car tax was set to expire. She has now been received debt collection letters from the typical agency the DVLA use to pay the standard £80 fine for non payment of a vehicle licence. She's been in touch with the DVLA by writing to object as she had sold the car. They're saying it doesn't matter because they weren't informed in time. I'm trying to find out the definitive legal liability for car tax here. Is it down to who's name was on the V5 on the day of expiry of the car tax, or does the sale/part ex of the vehicle make the new owner automatically liable? Any advice appreciated!
×
×
  • Create New...