Hi all, In September I missed a payment on my council tax. In October and November I made payments correctly (infact £10 more than the required amount) I have always paid my council tax on the 15th of each month since Feb 2011 with no issue, I now realise the payment is due on 1st of each month but have never had an issue with this before. In December I received a notice from the council confirming they are taking me to court with a hearing date. I received no letters about the missed September payment. I sent two emails to the council in order to try and clarify the issue on 1 & 2 December asking for reasons why but never received a response. However, I caved, I know! And I then phoned the council and set up an arrangement to pay, the advisor changed my payment date to 17 of each month and accepted £135 per month, I pay £143 and did so on 17 December (15 was a Sat so S/O didn't come out). Today I have received a letter from the council "notice of bailiff visit" for £400 (less my December payment!) due to non-payment!! Obviously I'm not happy and I've emailed the council about this. I've looked up the regulations that apply to Council Tax and note that they should send me a reminder notice or a final letter before taking me to court, this they didn't do. Is there any way of challenging them? I'm sure the bailiff thing is a mistake but I'd like to know my position ahead of Monday when I phone them. Thanks Oli

Hi All I parked in Bristol and paid the parking fee for the hired car I had, but I gave the car reg wrong F instead of S I have the receipts and the txt message. When I came out I had a parking ticket. I appealed but County Parking say I did not follow thier Terms and conditions and now want £50....Do they have any right to ask for this I can I tell them to do one ...lol I phoned them but they were very unhelpful and just said pay up or appeal again. Cheers

Hello Everyone Only just come across this site recently and there is alot of useful information on here, but kind of difficult to sift through it all to find a relevant case, so im starting my own! My GF recieved this letter from Marston Group Bailiffs last week. At her parents address. Not hers. You know the deal with that im sure without going into it. The Fine is for putting an extra rubbish bag out next to her rubbish bin in the alley behind the house!!! Ridiculous i know. And a Metrolink fine apparently (says the courts) But the letter does not state this! It is only for rubbish disposal offence, the bailiffs have said nothing about the Merolink offence!!! Weird! So, after her speaking to the Bailiff involved and trying to tell him that it was not her address, and she did not live there or have any of her possessions there. they didnt care. And just said you have to prove it... Again, im sure some of the experienced members on here are aware of this tactic? (without going into detail) So after looking at various posts on here and other sources, we came to the conclusion that it may be best to pay and challenge it after. (I know) I wouldnt have gone down this route personally but my GF was worried the Bailiffs would be able to Force access and levy on her Mum and Dads property. After speaking to the Bailiffs, they obviously said they could do this via a court order given by Magistrates court (see letter below) It says ''We are in possession of a Magistrates' court order''... etc Id like to know what this court order is?? A liability order? A distress warrant? Are these the same? Who issued it? Name of Judge? What rules do they have to follow regarding this? (why i want to see the court order) I want to know the amount on the original court order they are allowed to demand and threaten for. Problem is, We have not seen any proof of this court order! I dont trust a word they say. We asked the bailiff for proof of the court order stated in the letter below. They declined (i have heard they are not obliged to, is this right?) So, after a lengthy battle with the phone monkey at Manchester Magistrates court i requested the document from them. She Declined! (computer says no) cough* After grilling her more, she actually said she didnt know whether my GF was entitled to view/have a copy of this document. So she went and asked her manager, she came back... same response... Computer says no So i asked to speak to her manager. They were both quite difficult to deal with. I explained that my GF is a vulnerable person and she has been suffering from depression for over 2 years now. She is on anti depressants, has had countless days of work due to this and they know about it. She has doctors notes to corroborate this. She has even spent a night in hospital a few months back for an attempted suicide. She just does not need this kind of setback in her mental health and well being. It had put her back into a more severe depression, and i am worried. And angry! The court just said it isnt our problem anymore. Speak to the bailiffs. I said, we have done. And they dont care. She offered to pay in installments as she is full time at college and part time at work. (Hard enough just doing that but im proud of her for keeping it up) The bailiffs declined this offer of installments and insisted she pay up in full within 7 days otherwise they send the boys in! So the debt has been paid! She was too scared to challenge these claims. (maybe rightfully so?) BUT. Im not lying down that easily. Now we have the time to properly challenge this whole process and hold someone accountable for this disgraceful action. Back to my phone conversation with the fines manager at Manchester Mags. (Dont know why it is Manchester when the original offence took place in Trafford!) Anyway... Sorry... Eventually, the manager said she could SHOW us the court order if we come down to Manchester Magistrates court (Crown square) But we can have a copy and we cant even touch it? Are these people for real??? Surely if we had a solicitor involved in this, they would be entitled to a copy of this documentation? But hey. What do i know? So. We are going down to the court tomorrow (Friday the end of the world 21.12.12) To see what this court order is and how much it is for and what it is for. I will let you all know what happened as soon as i can. Also!! Another important point to mention. The Bailiffs have applied automatic charges on top of this fine. 1 is an automatic charge for the case - Compliance fee applied to every case. £85 2 is ... - Attendance fee applied once an enforcement agent has attended the premises, including where no action is taken or no contact is made. £215!! This is the problem. There is no proof that they attended her mum and dads property! As they didnt leave any letter saying they had. The first letter recieved there was posted. We have the envolope and stamp on it from royal mail. So there was no visit. So why can they charge £215 for something they didnt do! This whole thing stinks!! Ok. Im going to leave this post there for now. Id appreciate if someone could could get back to me before tomorrow afternoon if at all possible. Just so i have a bit more knowledge about this when i am challenging it. If possible, i would very much appreciate it if Hallowitch could respond as i have heard this poster talk about these issues before and seems very knowledgable! Thanks in advance. Im so glad there are sites like this and good people to help on these matters Cheers Al

Hi. I seem to have got myself into a dispute with Excel Civil Enforcement and their Bailiff about a Magistrates court fine and the charges imposed by the company. The fine has been paid and the dispute is about the charges Excel are trying to collect on a Distress Warrant when no Distress has been carried out. Anyway although I can deal with this myself. I was just wondering if anyone knew why Excel would send me a reply email to an enquire I made regarding the costs marked. *****SPAM***** They inserted this heading themselves and I can only think that they would do this because they can actually lie under that heading?? Can you lie if you yourself mark emails as spam or Does anyone know of another reason why they would do this? thanks hope

Hi I've been visited by an enforcement bailiff for overdue council tax and have spoken with him over the phone, I have not let him in my house. I have offered payment in installments but can't afford to pay very much. He has told me the full amount of £2000 needs to be paid by Jan 7th as this is when this years tax ends. He has noted my car details on a notice of seizer. I have also emailed the council today direct with my offer. Can anyone tell me where I stand and what I can do, I just want to pay this off but can't do it all in one go. The bailiff told me he doubted my offer would be accepted but would find out and call me back, that was at 4pm today. These people have hounded me for days and now they don't ring back, I'm confused. Surely I can make payment in installments???

This letter arrived to my address today, and as it was the right surname, I didn't pay attention further and opened it. When I saw it was apparently from Council Tax, I thought "now what?" and then on reading further, the penny dropped that it wasn't addressed to us nor had anything to do with us at all. Fishing expedition? Oh yes, I think so... Anyway... I was just going to send the letter back with a terse "you got the wrong person, naff off", but out of curiosity, I examined said letter a bit closer, and then decided to scan it for your perusal. You see, there are a few things bothering me here; the fishing expedition I can handle, BUT it seems to me that these people are misrepresenting themselves and lying to the person: 1st of all, it says they are "authorised to recover council tax by the council". Says who? Where is their authority? Then it says a liability order was granted... but no LO number is quoted, not on this page nor any other and in fact in the next page there is a blank next to the "court hearing" (this isn't me deleting it, there was nothing there). Then there is the "you may be liable for a fine of up to £1000...". Again, says who? They're not bailiffs, they're not the council, is is an offence to refuse to give perfect strangers all your financial information on the basis of "we say so" and a badly photocopied official council logo? Finally, the last page against refers to the Liability Order and the duty to supply the information... but carefully doesn't specify to whom said info needs be supplied. In short, it all sounds very fishy. I would even have discarded at a [problem] full stop, but the company's own website (ok, no proof of anything as such, I know) seems to show them as semi-legitimate "service providers" to a few local authorities. I don't know, I smell a rat, RLP or PPC style... people pretendign to have more authority than they really do, skirting around the truth to try and bully people into paying without questioning... What do you guys think?

I'd like to ask what the best way might be to collect money form Easyjet Airline Company Ltd. This is following a long small claim for flight cancellation. I already have a judgment from the County Court ordering Easyjet to pay me about £1000 but many weeks later they still have not paid. What method(s) of collection are known to be ineffective against Easyjet Airline Company Ltd? What collection action would people recommend? Transfer to High Court? Questioning (if so who)? Third party debt order (if so against RBS accounts, another bank or debtor)? Bankruptcy? Other? In return I will be happy to report back how I get on as this may well be useful for others who currently have cases stayed pending the ECJ ruling due to be published on 23 October 2012 and who may then also discover Easyjet's unwillingness to settle their debts.

This case is quite unusual, but I am determined to make an example of the Bailiff, TASK Enforcement and TfL. They are all [deleted]!!! I am a very resourceful and determined person. I dont give up. I do not have a legal background, hence I am here to seeking advice and guidance so that I can hold these people accountable for their actions in a court room. My anger is not motivated by the loss of my money, but simply by the behavior of these [companies] who manipulate and [seek to obtain money from] people legally. My motivation comes from reading about thousands of people on this forum who ALL have been mishandled in a similar way. Not too long ago, I had 2 bailiffs turn up at my door demanding £373 for a TfL PCN my brother had not paid a year ago. My brother and I share similar names (ask the parents), for arguments sake, my name is Adam John Smith and my brothers name is Joe John Smith. My brother was given a courtesy vehicle from Enterprise Rental when his car went into the garage. He got a PCN from TfL which he disputed for some reason and didn't pay. I told the bailiff that my brother no longer lives at the address and I dont know where he is. The bailiff asked for my name, which I gave, and he said I was the person he was looking for, John Smith. I said "Thats impossible...why would you be looking for me since this has nothing to do with me"....He asked me for my DOB....which I gave....He said that this matched with his records...I asked to be shown this record and warrant....He claimed he was not obliged to show this to me. I then became suspect of whether he had my DOB or not. Where did he get my DOB from? DPA 1998 breach somewhere....or he's lying. I told them to go away, but the second bailiff would not move his foot from my front door. So i called the police. The police arrived an hour later. The bailiff spoke to the officer before they spoke to me which I found extremely annoying since I called for them. The bailiff showed some documentation to the police officer and got them on their side before they spoke to me. The police then heard my story. I told them I am not my brother and if they check the vehicle hire agreement, the drivers license on the agreement would be different from mine. This was not at hand, but surely the bailiff should have this document. This would go to prove I was not my brother. Police was NOT at all helpful in this situation. They actually made it worse it seems. I am making a complaint to the Police about the officer concerned. After 2 hours of arguments, the second bailiff walked into my house and threatened me if I didn't pay. The police did nothing to stop this trespass and watched him do it. I was then forced to pay the debt. The debt then suddenly changed from £373 to £799.34 (Its funny how this figure is exactly the same as another Task Enforcement case in this forum /forum/showthread.php?371939-Bailiffs-Fee-s-I-have-been-ripped-off-what-can-I-do I wrote to TfL looking for a refund of the fees since the debt was not mine. I proved it to them by sending them a copy of my drivers licence. They had a look at the enterprise rental agreement, and confirmed on the phone that I was not the person who hired the vehicle since the DL numbers did not match. I spoke to TASK Enforcement and asked them where they obtained my DOB, the lady on the phone said, there is no DOB information on this case. Did the bailiff make a not of my DOB when he asked me and use this against me? In the "Letter Before Action" to TfL, I asked why the fees went from £373 to £799.34, they responded with a breakdown which included Case Received £202 Letter Fee £13.44 1st Visit £68.08 2nd Visit £71.82 Attendance to Remove £192.08 Aborted Removal £234.00 Payment Surcharge £17.92 What on earth is Attendance to Remove and Aborted Removal. These were dated the same as the 2nd visit date. Are they allowed to charge for card surcharge? On the 1st visit, we told them that my brother does not live here, they went away. Did they not get it the first time..!! TfL refuse to return my money since they now apparently believe I am my brother.... .... I want to recover my money and make this bailiff pay for his lies to me and the police. TfL say that they they believe Task Enforcement has charged within their statutory guidelines. Can anyone verify if this is true? I paid on my VISA card.... TfL say no DPA 1998 breach has occured since the bailiff company use DBs where DOB is given.....I will request to see what information they hold on me. Any tips on how I should proceed with this case would be appreciated. I want to teach all of these people a lesson, and I believe I have a strong case also.

Hi, I hoping that someone can provide me with some information on how best to enforce a Judgement? I'm going to try and keep this as brief as possible. I stupidly allowed a "friend" use of my credit card, whilst they were going through a tough separation the intial agreement of the loan of my card was to allow her to purchase essential items to support her two young boys which she was struggling to support at the time. However from reviewing my credit card statements I found that she went on a spending spree, spending approx £5000 in less than 2 months. Once I discovered this I took my credit card back and was promised that the money would be paid back in full. Over 2 years later and despite many promises and assurances that money would be deposited into my account, I've not received a penny. Instead I was fed a series of lies about how there were complications with payment and authorisation from her parents being required before she could transfer money from her savings account etc. After getting sick of the excuses I sent a letter of demand along with Credit Card statements, copies of emails and text messages in relation to this matter, advising that unless the debt was either paid in full or a payment schedule agreement was put into place I would be left with no option to take the matter to a small claims court. After 14 days with no response, I filed a claim with the small claims court, to which she never responded to either. As a result I have now have an issued judgement by default for £7500 which includes all interest and costs incurred. My question is what is the best way to proceed to enforce this judgement, I have done some research myself and have narrowed it down to 2 options: - N337 Attachment of Earnings Order - As I know her current place of employment, the date she gets paid and approximately how much her annual salary is, this is a potential option, however due to the total amount owed complete payment of the debt I imagine would span over quite a long period of time. - N349 Third Party Debt Order - Although the least successfully of enforcement processes through the whole repayment saga, I have been led to believe that she does have the money to cover the debt, although the money is tied up in high interest savings accounts from which she requires authorisation from parents as guarantors before she can gain access to the money. (If this was the case though it seems odd that the debt has not yet been settled) She is also now back living with her husband who has a high paid job. However my understanding of this order is that only assets in accounts where she is named the sole owner off can be frozen. Also I'm not entirely sure which banks and building societys that she uses so I would have to file a N316 Obtain Information Order, to find out the true extend of what she actually has, this process requires her to attend court and provide details of her financials under oath, surely by filling for this request she could then expect the immiant Third Party Debt order to freeze any accounts in the aftermath and take approriate action to safe guard this money by transferring it into say a joint account? I realise how neive and stupid it was to allow someone to borrow my card in the first place, despite doing so with the best intentions at heart, I just want this whole situation resolved, so any advice on how best to proceed from here would be greatly appreciated.

I have a query relating to the enforcement of council tax liability A friend of mine is being pursued by the local authority who have a liability order the friend is retired and not claiming any council tax benefit, and does not want to claim the benefit they get by tolerably on their pension, they hate the benefit system and its bureaucracy and intrusive quest for one's personal information The local authority had sent a form requesting details of income and outgoings and have tried to encourage the making of a claim to council tax benefit which my friend does not want to do. the home is not owned but rented from a social landlord and there are no assets to speak of the bailiff has been unable to gain entry and the local authority has resorted to writing a letter and sending the means inquiry form. The friend is pointed out the local authority that even if the case goes back to court the maximum deduction from old age pension is less than the weekly amount already offered to clear the debt It very much looks at the moment as though the local authority are really pushing my friends to making a Housing benefit claim. They say they will not accept the amount specified for a deduction from old age pension because it is not enough money and they have a duty to collect the tax. So the question really is this. Although a person can be taken back to court and an assessment made of whether they have wilfully refused to pay, to which in theory they could be sent to prison, can the decision not to claim council tax benefit be stretched by interpretation to amount to a wilful refusal to pay? I can appreciate that the court might be displeased that a person will not claim the benefit but I would have thought the assessment of wilful refusal has to be based on the means that person has rather than the means they could potentially have It would look to me that if a person's decision not to claim council tax benefit is outside of the ambit of an assessment of wilful refusal, then there is much the local authority can do apart from carry on sending bailiffs I would imagine that it's so rarely the case that a person would not claim housing benefit that those making the legislation did not factor in this possibility Any advice about this would be greatly welcomed

I had been in Spain with my car for about 3 months over the summer. Mo the returning, I needed a new MOT and Tax renewal which took about a week. This is a pattern that I have had for some years. However, this time I received a letter from the DVLA Enforcement Centre, saying that I have defaulted on motor tax renewal and could be liable to an £80 fine. I sent the Enforcement Centre copies of my travel documents showing the dates I had been away, and a brief letter saying that I had just returned and that I now had a new tax disc that began prior to the date of arrival in the UK. I expected this to be the end of the matter. I then left for Thailand where I was for about 2 months. Returning yeseterday, I found a letter from the Enforcement Centre saying that I had until 9th September (while I was still abroad) to pay £40 fine, or else I would have to pay £80 fine. I phoned the Enforecment Centre immediately. They said that the fine had recently been passed on to a collection agency. Telling them that I had been away and could not respond to their letter until yesterday, they seemed uninterested. Further telling them the situation appeared to result in an opportunity and equity problem for me, they offered to send me some dispute papers, which I agreed to. I am unsure what these are, and they did not indicate if this would stall the collection agency process. I am unclear how to move forward on this matter, and would like advice. If I cannot avoid paying the fine, I would prefer to pay £40 rather than £80.

Here is an extract from an email from the DVLA about this company in response to this message:- From the DVLA (our red highlight):- Mind you, as we have seen from the Parking Eye judgment, BPA membership provides absolutely no protection

Hi Can a creditor send in the baliffs before a final judgement has been made

Had a letter Stating that 'We are in possession of a warrant of execution issued under authority of the county Court Traffic enforcment centre in respect of an unpaid Penalty Charge Notice. THe warrant empowers us to enter your porperty and sieze goods remover them and sell them at public auction. If you do not pay within 7 days it will be necessary etc etc. Can anyone give me some advice on this the amount they are demanding is £270. What should i do can i do. My detail etc are correct. Worried

Can anyone tell me what is the difference between an ATR (which I think stands for Attend to Retrieve) and a visit? It seems to me to be the same thing although Task Enforcement Ltd want to charge me £175 plus VAT for an ATR and £63.14 plus VAT for a visit, both made at the same time.

My dad has a charging order on his house for around 5k, and for the last few years he has been trying to get info, as he didnt know it had been applied for, or a ccj given or anything of that nature. Having finally found from the dca who the orginal creditor was allegedly, the original creditor is adamant that my father has never had an account with them. The fos was due due have a final adjudication on this friday, which we will hopefully hear about this week, but how do we stand with having the charging order and ccj set aside in these circumstances, should they rule that the account never existed?

Some help please - no judgements about the situation please, I feel bad enough already. bailiffs I have a darling son, recently turned 18, who was fined £100 and given community service for a offence - this happened in 2010. He was not living with me at the time, staying with mates etc, however had given my address as his address. He did not comply with the community service and was taken back to court last month, where the fine was re issued as was the community service. This year Phillips have been writing to him at my home and calling my telephone. I informed them he was not living at my address, but they persisted in making calls etc until I was slightly rude to them. They state he owes £399 for the fine issued in 2010. My son went back to court last month about this matter - the community service and the fine were re issued, with him having to pay £20 per month. I have paid £50, which is half and intend paying the rest as he is not working or claiming benefits. I think as the original fine was re issued, and he is complying with the payment plan, Phillips are not owed anything, as the court has reconsidered this matter, re issued the fine with a payment plan. Can anyone advise me if this is correct? Also, when he lived with his dad in 2008 he received a fine of about £60 for another matter - he was 14 at the time. His dad did not tell me about the fine or pay it and Phillips have written to my address, the letter is addressed to his father and the parent / guardian. Do I have to pay this fine? I have never had a letter addressed to me telling me about the fine from the court or Phillips. I think because they know he is currently at my address, this is why they are trying to enforce this fine. Can he go back to the court that issued the fine, as he is now a adult and ask for a payment plan? He does not own anything in my home - there is a telly and music in his room, but I bought them and they belong to me. He is likely to go back to his mates when his bail is lifted. Please can I get some advice - I am frightened of opening the door or having the windows open, in case these hencemen get into my home and take MY belongings. Many thanks all

Good Afternoon Everyone, I'm new to this so bear with me! I'm looking for some advice and before I do anything, I wanted to try and pick some brains. I live in an 1st floor apartment which can only be accessed by a lift, there is a communal area for letters etc, which is where I found this letter today. Its from a company called High Court Enforcement (Marine House in Colwyn Bay). I have a CCJ which I never received any information on for a £400 debt (Home Info Pack) when I sold our house. I have moved a couple of times since we sold up and now the debt is up to £1163.13 "together with all additional costs and interest". This is my situation: I now live, since splitting up with my wife, in a fully furnished rented apartment. To be honest I don't own hardly anything myself, car, laptop and phone etc is all owned by the company I work for. I dont earn a pittance but since leaving my wife I pay a set amount for our 2 daughters who live with her (all amicable). Money is tight. Should I contact them and explain my situation? I dont own anything for them to take (apart from some clothes, small amount of dvd's and cd's) so whats the point of them coming round? The only other step is bankruptcy I guess, I do have other outstanding debts which have built up over the past couple of years - I'm not going to make excuses, its all on me and I accept that. But I hate this feeling of someone trying to gain entry into my house. A part of me just wants to say "sail me down the river boys and bankrupt me" but I don't know if I'm selling myself short? Sorry for the ramblings but I hope someone can offer some clarity on my situation. Its a real mess and I just want to move on with my life and start over, much like my personal life!

Background: So I worked for a small limited company for 2 months. No pay resulted in me resigning and waiting patiently for my pay to come back to me....(plus court fees etc I AM OWED £2800) still no pay 3 months on from that point and ex-employer (CEO) made it quite clear no intention of paying and falsely told me that the company were going into receivership/administration/liquidation!! So then I applied through money claim online for my wages to be paid back to me...(the respondent/defendant I listed was the company name NOT the CEO's name) and they had 14 days to respond....and surprise surprise nothing...so I entered a default judgement against the company name again and still no word nearly 3 weeks on. NB: The CEO has cleverly never put their name to any company documents filed on companies house and all staff 'offer of employment' letters were signed by the CEO's 20 yr old nephew who had been appointed as a director of the company as a scapegoat for just these sorts of things, as have happened in this incidence. The young director of the company had also allowed the CEO to open a business trading bank account in his name and he had signed a blank cheque book for the CEO's use. I am guessing from this info and what the police have told me about the CEO, it's not the first time they have started up businesses like this, got work out of people and then not paid them and moved onto their next premises and venture. My question: Myself and several other ex-colleagues are looking at taking the CEO/company/Director to an employment tribunal to make them cough up all of our wages. The chances are the defendants will not show and will ignore this action so a default judgement will be made which we will be looking to escalate to High court and issue a Fieri Factis for a High Court Enforcement Officer to pay them a visit to reclaim debts owed. HOWEVER We don't know whether we should chase the 20 year old director who is unlikely to have that sort of cash to be able to pay us back BUT is legally responsible for the company and listed as director on companies house, OR if we should chase the company name, OR if we should chase the CEO who states that we never worked for her (personally) as my cheque which had bounced and my offer letter were both signed by the director of the company not her. We do know that she is now trading under a new company name and we know where but not sure we can send bailiffs or HCEOs to new premises as the argument was against the previous company HELP?!?!?!??! Who will I stand a better chance of getting my money back from?

Hi, Hope someone on here can help with some advice. A few months back I received notice of BCW taking me to Court over an outstanding account to Orange, I don't dispute the date so was awaiting information from teh court on paying this debt etc, I never received a judgement in the post and to be honest had forgotten all about it. 4 weeks ago I got a letter from St Helens court advising I had fell behind on payment relating to the judgement and a Bailiff would attend my property. As I was not aware of the judgement details I have tried calling and also faxed over letter to the Bailiffs office to no response, I was not in a position to make a full payment for the arrears but a part payment and to then catch up on what was owed. I have today received a letter saying I have made no attempts to contact the office and they will attend within 7 days with a van to remove goods, I obviously want to get this sorted, I am worried with living at home that someone is going to turn up and take goods from my Mums house. I have once again tried calling the office, appears they are only manned for 2 hours a day. Any advice would be greatly appreciated

Lincolnshire county council are paying a private company to enforce their on street parking and they take what they make no money is given to the council are these tickets still to be ignored

I have an ongoing claim on a card formerly with MBNA, now with one of their DCAs. (I'm deliberately not giving details at this point.) I have original correspondence from MBNA, including an invalid default notice with the usual mistakes: 1. The wrong broken term on the agreement. 2. Period of less than 14 days from service for remedy. 3. No statement of arrears, only a demand for full repayment. Also as usual, MBNA sold the debt to a DCA before the end of the remedy period. I have a letter of sale from MBNA, a copy of the comms log from a SAR, and a letter of assignment from the DCA. As usual again, the date on the letter of sale is seven days before the date of the notice of assignment. The notice of assignment is dated to match the final day of the remedy period. I believe the agreement is unenforceable for other reasons I won't state here, in addition to the usual reconstructed Ts & Cs. So I'm fairly sure my defence is strong. But I still have questions before I file my defence. 1. On what basis does a demand for a full repayment count as early termination/rescission? Is this because it implies the creditor no longer accepts that I have the right to pay arrears and bring the account up to date? Can anyone point me at the legislation that applies? 2. If I send a letter acknowledging unlawful rescission to MBNA does that leave me liable for outstanding arrears (even if they are limited to lawful arrears - i.e. no punitive late payment fees and interest on same.) Again, what legislation applies to this? 3. If the claim is wholly unenforceable, does that make claims for arrears remaining after rescission unenforceable too? I thank Caggers in advance for any help.

Hand delivered letter through door this afternoon from this motley crew. Back ground; started small business back in '06 within 3 months it went under, NEVER registered it ANYHERE, Signed an agreement, covered by the CCA1974, I thought it was a HP agreement, turns out it was a HIRE agreement. They sued I got burnt, BUT they had the equipment back and sold it for the same amount they sold it to me for, the terms in the contract that favoured them have been cited in the court docs, and the ones that favour me have been omitted. They sued for £5K + a few hundred, plus interest at 2% per month. Gain a CCJ and then went for charging order ( got it) now I tried to argue this but the judge said he did not have any forms or paper work from me, when I went to the court to put them in the lady took them but didn't charge me any fee, this may have been my fault as I don't know how to speak the legal jargon. Now at the charging order hearing the creditors' Rep told the judge that all they wanted was to secure the debt and were happy to wait for house to be sold b4 payment. The judge spelt this out to me and the Rep, I thought 'happy days' now 4 yrs later the creditor has gained a high court writ. Is it too late to challenge this? In the original hearing the creditors claimed that the contract was NOT covered by the CCA 1974, yet it is clearly printed on it. Is there anything I can do???

Hi everyone, first time thread here so please forgive me if it is a repeat but i have been looking at the threads and cannot find absolute answers. I have recently had a visit from a ross and roberts bailiff for a council tax debt of £504.18 - who obviously was not let in however we did call on the phone later that day and he went on to demand payment in full which we are in no position to do but he then said that if he wanted to make a payment arrangement then the only way he would do it is if we paid his fees in full plus a portion of the debt... .. he then said his "fees" were £241 alone !!!!!!!!!! this to me seems completely excessive for a £500 debt let alone the arrogant abusive little man on the end of the phone demanding that all the fees plus some of the debt be paid in full for him to accept a payment arrangement. he has only made 2 visits to the house and neither time has he got an answer so how are these fees £241??????? i seriously do not understand how they can legally justify making a debt go from £504 to £745 just for the privilege of arranging a payment plan?? any help from anyone here with some actual answers as to what and when can be charged would be much appreciated.

Dear all, This is really urgent, I received a letter asking for my version of events for travelling on a bus without a ticket. I sent off the letter but forgot to write down the contact numbers on them, I believe they start with 0203 or 0207. Has anyone who has received a letter for explaining their version of events or summons to court letter have the contact numbers? I really do need to speak to someone. I know they are in South East London, but really do need their contact number. Can someone please help me.