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  1. Hi all Can an Enforcement company add all there fee's on after the compliance stage (£235 and interest) before they try to enforce? I know it would be irrelevant if they take control of goods just curious if that was allowed. leakie
  2. There continues to be confusion about the charging of 'multiple fees' by bailiffs when enforcing more than one warrant (or Liability Order) at the same time. This confusion has lead CIVEA (Civil Enforcement Association) to seek legal opinion on the subject and as a result, they have issued the following Guidance to all their members. CIVEA Guidance Notes are designed to address issues which have arisen on the proper interpretation and implementation on a particular part of the regulations (in this case, 'multiple charging'). PS: CIVEA represent the interests of all private certificated enforcement agents in England and Wales. http://www.civea.co.uk/editorimages/Multiple%20Instructions.pdf
  3. Hi, this is my first post on the site and I hope someone can help. I am self-employed, based at home and have 2 Limited companies (1 active and 1 dormant). Business has been very difficult over the last couple of years and cash flow has been a major problem. On the 9th July a high court writ was issued against my dormant business for £1,717.66 and Court Enforcement Services Limited were given the job of enforcement but I did not receive any Notice of Enforcement from them. On the 1 Aug, 2 enforcement officers came to my home (where the dormant business is registered) and said they were High Court Bailiffs and had come to seize goods. I asked to see the writ but they only very briefly showed my an Ipad type device but wouldn't let me examine it. They then just brushed passed me and entered my home through a patio door. I informed them that I had not received any notification which they just dismissed out of hand and said that we were now at stage 2 anyway. I told them I didn't know what they were talking about and needed to see the proper documentation. I asked what the amount owing was and they told me £3,399. I told them that the business was dormant and had no assets and they said that they would take whatever they wanted from the property and began collecting my laptop and printer. I told them that those items did not belong to the dormant company but I was told I had to prove it. I began finding proof for them and I also told them that removing any other items was going to affect my ability to work and run my active business. They ignored this. Having proved I owned the items I was asked if I was refusing to pay which I said I wasn't refusing to pay I just needed some time to get the money. I was told I needed to pay immediatley or other goods would be removed. They threatened to remove a horse transport lorry whose value is far in excess of the amount owed. I was able to prove that that vehicle was on a HP agreement. They also threatened to remove horses from our field. I had to repeatedly ask to see paper copy of the writ and they eventually went to their van and printed one. That is when I saw that the original amount was only £1717.66 and I asked why they were demanding so much more. They said it was down to the fees that had been added. I asked for a breakdown of their fees and they said they would provide that later but said that because I wasn't going to pay we were now at stage 3. I told them I still didn't know what they were talking about but they didn't explain. I had also been telling them that I could pay because I was owed money through my active business and the payments were due to go into my account at any time (I even had remittance advice notes from companies making payments but they were not interested). They repeatedly threatend to remove goods and apply more fees unless I paid immediately and they then began going round the whole of my house (kitchen, bathrooms, bedrooms, childrens rooms etc.) looking for things to remove, I told them I needed some time to make some calls and get the money, which I did. Luckily I was able to get someone to pay me straight away and once I had received the money in my account I paid the enforcement officers by debit card. They wrote me a receipt but failed to give me a breakdown of the fees. I asked for one but they claimed they couldn't get an internet signal to print it from their van. They said they would email it to me but I didn't get an email from them either. I emailed their office the next day and they provided this breakdown: Dear Sirs With reference to your email dated 2 August, please see below a breakdown in this matter as requested: Writ amount: £1,717.66 Interest on writ amount (@8%) from date of writ to date of payment: £9.46 Compliance Fee: £90.00 Enforcement Stage 1 Fee: £228.00 7.5% Fee of amount over £1,000.00: £65.41 Enforcement Stage 2 Fee: £594.00 Sale of Disposal Fee: £630.00 7.5% Fee of amount over £1,000.00: £65.03 Totals: £3,399.56 The above fees are inclusive of VAT at 20% They also added: "There is no requirement to actually remove goods for the Sale or Disposal fee and 7.5% fee to be applicable, the commencement of the process is sufficient for the application of the sale or disposal stage fee." Having done some reading and trying to check the facts I think they have charged too much because this was their first visit and full payment was made, no initial Notice of Enforcement was received, they failed to give proper notice of moving to the next fee stage, no 'Notice After Entry' form was given, nothing was itemised or removed, no control of goods notice was written up or issued. They also knew the exact total figure (Including the fees) shortly after entering the premises. They provided no explanation of that, or their fees and no explanation of my options/consequences etc. They were just very high pressure and applied more pressure whenever I asked a question. I am going to make a complaint to them because I believe they have charged too much and I think I should be refunded some the fees. I accept that they attended my property so up to level 1 Attendance on the fees scale is correct but above that I think is incorrect. Can anyone with knowledge in this matter please advise me? Sorry if my post is too long but I wanted to give as much info as possible. Any help or guidance will be greatly appreciated! Thanks.
  4. Hi I hope I'm On the right thread ...I sent in the reclaim letter to Santander regarding my arrears fee charges (Mortgage) and they've replied with a standard terms and conditions in contract letter could you please advise as to my next course of action please
  5. The Ministry of Justice has introduced a shortened list of the new Court Fees for County Court, High Court and Family Court proceedings. In relation to the bailiff section of the forum, the following fees will be of interest: Varying a judgment, suspend enforcement or suspend a warrant of possession £50 Set aside a County Court judgment £255 General Application: £255 (N244) The general application fee (of £255) apply in cases where an Out of Time witness statement has been rejected, and the respondent wishes to have the decision 'reviewed' at a hearing in person. A 'review' without a hearing is charged at £100. https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court
  6. As I'm nearing to my last year of my loan. I just thought I take a closer look at my statement this month. OH MY WORD! I took out a £20k, 108 month secured loan on my property in Oct 2007. Up to now, I am up to date. From 2007-2011, on 4 occasions I made late payments. Some arranging from 4days-2 weeks late. From Feb-Dec 2012 I lost my job, and fell into arrears. But within that period, I managed to make 4 payments which covered 4 months. And because I was able to find a new job, in December I paid off the remaining arrears. Since then, I have never missed a payment and my account is up to date. on checking my statement, and balance. I was assuming my balance would be near the £3763.68 mark (12 x £313.64) as I have 12 months left. But to my astonishment and disgust. My balance is showing: Balance Outstanding: £7954.99 Repayment Administration Fee: £195 Total Redemption Figure: £8149.99 Cost & Charges: £1570 Buildings Insurance Charge: 959.18 I rang them up, and told them to send me the breakdown of charges and fees. They consist of: Building Insurance - £959.18 Building Insurance Block Policy Charge - £130 Dishourned Reciept Charge - £35 x 5 Letter - £30 x 5 Collections Telephone - £35 Monthly Charge Arrears - £42 x 13 Visit Costs - £100 Land Registry Priority Search Legal Charge - £6 Land Registry Office Copies - £4 x 2 (on the same date?!?!) Issue of Possession - £49 Online Issue Fee - £100 Court Preparation Fee - £57 Legal Costs - £162 Can someone please help me. Is this even legal? And what is this charge I have for Building Insurance/Block Policy Charge. Even if I minus all the fees/charges. The balance does not even add up to the 108 month loan agreement. Any help would be great and much appreciated.
  7. Re: GE MONEY. Hello, I an new here and am in the same situation as many of you with GE Money mortgage charges etc. I didn't know how to post my query, so I am sorry to do it on this post. Hello. I am new to this site, but have spent many days reading through the threads, looking for answers. I have been with GE Money with a mortgage for 9 years. I have 28 months remaining. Some while ago I fell into mortgage arrears (£704 - which equates to 1& 1/2 months mortgage) Subsequently they have been adding monthly Admin charges of £40 per month for 40 months and the last 7 months £50 per month. direct debit recall charges of 18 x £25. field Agents fees - 4 visits charged, only 1 executed. Total of these visits fees £274. Grand total of all of theses fees and charges £2,674. (Plus interest - although I do not know how to work that out - sorry. Back in May of this year 2016 I received a letter from GE informing me that they have transferred my mortgage to Kensington. These money grabbers have written to me stating that I am in mortgage arrears of £705.68 PLUS Fees and Security Charges of £1598.07. And that my mortgage account has an overdue amount of £2303.75. They also say "You are breaking the terms and conditions of your mortgage and it is important you make a payment to clear the total amount shown above. I understand that Charges and Fees cannot be treated as arrears. Arrears are missed contractual payments. I pay £493 per calendar month and have done so for as long as I can remember. I offered GE a paltry £10 a month extra payment back in February (mainly because I am on a pension and at that time had NO work) They refused and continued to add charges etc every month and then they transferred me to Kensington. I have my SAR from GE and that is where I calculated the fees and charges they have imposed on me. Do I go to GE for a refund of these charges or is it now Kensingtons responsibility. Thank you
  8. It is easier to read it here:- http://www.legislation.gov.uk/uksi/2014/874/made “SCHEDULE 1Fees to be taken Column 1 Number and description of fee Column 2 Amount of fee (a) The CPR is defined in the Civil Proceedings Fees Order 2008 S.I. 2008/1053 as meaning the Civil Procedure Rules 1998. (b) 1974 c.47 as amended by section 177 and Part 1 of Schedule 16 of the Legal Services Act 2007 (c. 29). © 1985 c. 6. (d) 2006 c. 46. (e) 1986 c. 45. (f) Schedule B1 to the Insolvency Act 1986 was inserted by the Enterprise Act 2002 (c.40) section 248(2) and Schedule 12. (g) Schedule A1 to the Insolvency Act 1986 was inserted by the Insolvency Act 2000 (c.39) section 1, Schedule 1, paragraphs 1 and 4. (h) 2012 c. 10. (i) S.I .1993/2073 as amended by S.I 2001/1386. (j) 1878 c.31. (k) 1882 c.43. (l) 1996. c.23.” 1 Starting proceedings (High Court and County Court) 1.1 On starting proceedings (including proceedings issued after permission to issue is granted but excluding CCBC cases brought by Centre users or cases brought by Money Claim OnLine users) to recover a sum of money where the sum claimed: (a) does not exceed £300; £35 (b) exceeds £300 but does not exceed £500; £50 © exceeds £500 but does not exceed £1,000; £70 (d) exceeds £1,000 but does not exceed £1,500; £80 (e) exceeds £1,500 but does not exceed £3,000; £115 (f) exceeds £3,000 but does not exceed £5,000; £205 (g) exceeds £5,000 but does not exceed £15,000; £455 (h) exceeds £15,000 but does not exceed £50,000; £610 (i) exceeds £50,000 but does not exceed £100,000; £910 (j) exceeds £100,000 but does not exceed £150,000; £1,115 (k) exceeds £150,000 but does not exceed £200,000; £1,315 (l) exceeds £200,000 but does not exceed £250,000; £1,515 (m) exceeds £250,000 but does not exceed £300,000; £1,720 (n) exceeds £300,000 or is not limited. £1,920 1.2 On starting proceedings to recover a sum of money in CCBC cases brought by Centre users, where the sum claimed: (a) does not exceed £300; £25 (b) exceeds £300 but does not exceed £500; £35 © exceeds £500 but does not exceed £1,000; £60 (d) exceeds £1,000 but does not exceed £1,500; £70 (e) exceeds £1,500 but does not exceed £3,000; £105 (f) exceeds £3,000 but does not exceed £5,000; £185 (g) exceeds £5,000 but does not exceed £15,000; £410 (h) exceeds £15,000 but does not exceed £50,000; £550 (i) exceeds £50,000 but does not exceed £100,000. £815 1.3 On starting proceedings to recover a sum of money brought by Money Claim OnLine users where the sum claimed: (a) does not exceed £300; £25 (b) exceeds £300 but does not exceed £500; £35 © exceeds £500 but does not exceed £1,000; £60 (d) exceeds £1,000 but does not exceed £1,500; £70 (e) exceeds £1,500 but does not exceed £3,000; £105 (f) exceeds £3,000 but does not exceed £5,000; £185 (g) exceeds £5,000 but does not exceed £15,000; £410 (h) exceeds £15,000 but does not exceed £50,000; £550 (i) exceeds £50,000 but does not exceed £100,000. £815 Fees 1.1, 1.2 and 1.3. Where the claimant is making a claim for interest on a specified sum of money, the amount on which the fee is calculated is the total amount of the claim and the interest. 1.4 On starting proceedings for the recovery of land: (a) in the High Court; £480 (b) in the County Court, other than where fee 1.4© applies; £280 © using the Possession Claims Online website. £250 1.5 On starting proceedings for any other remedy (including proceedings issued after permission to issue is granted): in the High Court; £480 in the County Court. £280 Fees 1.1, 1.4 and 1.5. Recovery of land or goods. Where a claim for money is additional or alternative to a claim for recovery of land or goods, only fee 1.4 or 1.5 is payable. Fees 1.1 and 1.5. Claims other than recovery of land or goods. Where a claim for money is additional to a non money claim (other than a claim for recovery of land or goods), then fee 1.1 is payable in addition to fee 1.5. Where a claim for money is alternative to a non money claim (other than a claim for recovery of land or goods), only fee 1.1 is payable in the High Court, and, in the County Court, whichever is greater of fee 1.1 or fee 1.5 is payable. Fees 1.1 and 1.5. Where more than one non money claim is made in the same proceedings, fee 1.5 is payable once only, in addition to any fee which may be payable under fee 1.1. Fees 1.1 and 1.5 are not payable where fee 1.8(b), fee 1.9(a), fee 3 or fee 10.1 applies. Fees 1.1 and 1.5. Amendment of claim or counterclaim. Where the claim or counterclaim is amended, and the fee paid before amendment is less than that which would have been payable if the document, as amended, had been so drawn in the first instance, the party amending the document must pay the difference. 1.6 On the filing of proceedings against a party or parties not named in the proceedings. £50 Fee 1.6 is payable by a defendant who adds or substitutes a party or parties to the proceedings or by a claimant who adds or substitutes a defendant or defendants. 1.7 On the filing of a counterclaim. The same fee as if the remedy sought were the subject of separate proceedings No fee is payable on a counterclaim which a defendant is required to make under rule 57.8 of the CPR(a) (requirement to serve a counterclaim if a defendant makes a claim or seeks a remedy in relation to a grant of probate of a will, or letters of administration of an estate, of a deceased person). 1.8(a) On an application for permission to issue proceedings. £50 (b) On an application for an order under Part 3 of the Solicitors Act 1974(b) for the assessment of costs payable to a solicitor by a client or on starting costs-only proceedings. £50 1.9(a) For permission to apply for judicial review. £140 1.9(b) On request to reconsider at a hearing a decision on permission £350 Where fee 1.9(b) has been paid and permission has been granted at a hearing, the amount payable under fee 1.9© is £350. Where the court has made an order giving permission to proceed with a claim for judicial review, there is payable by the claimant within 7 days of service on the claimant of that order: 1.9© if the judicial review procedure has been started. £700 1.9(d) if the claim for judicial review was started otherwise than by using the judicial review procedure. £140 2 General Fees (High Court and County Court) 2.1 On the claimant filing a pre-trial check list (listing questionnaire); or where the court fixes the trial date or trial week without the need for a pre-trial check list; or where the claim is on the small claims track, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed a fee payable for the hearing of: (a) a case on the multi-track; £1,090 (b) a case on the fast track; £545 © a case on the small claims track where the sum claimed: (i) does not exceed £300; £25 (ii) exceeds £300 but does not exceed £500; £55 (iii) exceeds £500 but does not exceed £1,000; £80 (iv) exceeds £1,000 but does not exceed £1,500; £115 (v) exceeds £1,500 but does not exceed £3,000; £170 (vi) exceeds £3,000. £335 Fee 2.1 is payable by the claimant except where the action is proceeding on the counterclaim alone, when it is payable by the defendant: or within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed. Where a case is on the multi-track or fast track and, after a hearing date has been fixed, the court receives notice in writing from the party who paid the hearing fee that the case has been settled or discontinued then the following percentages of the hearing fee will be refunded: (i) 100% if the court is notified more than 28 days before the hearing; (ii) 75% if the court is notified between 15 and 28 days before the hearing; (iii) 50% if the court is notified between 7 and 14 days before the hearing. Where a case is on the small claims track and, after a hearing date has been fixed, the court receives notice in writing from the party who paid the hearing fee, at least 7 days before the date set for the hearing, that the case has been settled or discontinued the hearing fee will be refunded in full. Fee 2.1 is not payable in respect of a case where the court fixed the hearing date on the issue of the claim. 2.2 In the High Court on filing: £240 an appellant’s notice: or a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court. 2.3 In the County Court on filing: an appellant’s notice, or a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court: (a) in a claim allocated to the small claims track; £120 (b) in all other claims. £140 Fees 2.2 and 2.3 do not apply on appeals against a decision made in detailed assessment proceedings. 2.4 On an application on notice where no other fee is specified. £155 2.5 On an application by consent or without notice where no other fee is specified. £50 For the purpose of fee 2.5 a request for a judgment or order on admission or in default does not constitute an application and no fee is payable. Fee 2.5 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing. Fees 2.4 and 2.5 are not payable when an application is made in an appeal notice or is filed at the same time as an appeal notice. 2.6 On an application for a summons or order for a witness to attend court to be examined on oath or an order for evidence to be taken by deposition, other than an application for which fee 7.2 or 8.3 is payable. £50 2.7 On an application to vary a judgment or suspend enforcement, including an application to suspend a warrant of possession. £50 Where more than one remedy is sought in the same application only one fee is payable. 2.8 Register of judgments, orders and fines kept under section 98 of the Courts Act 2003: On a request for the issue of a certificate of satisfaction. £15 3 Companies Act 1985, Companies Act 2006 and Insolvency Act 1986 (High Court and County Court) 3.1 On entering a bankruptcy petition: (a) if presented by a debtor or the personal representative of a deceased debtor; £180 (b) if presented by a creditor or other person. £280 3.2 On entering a petition for an administration order. £280 3.3 On entering any other petition. £280 One fee only is payable where more than one petition is presented in relation to a partnership. 3.4(a) On a request for a certificate of discharge from bankruptcy; £70 (b) after the first certificate, for each copy. £10 3.5 On an application under the Companies Act 1985©, the Companies Act 2006(d) or the Insolvency Act 1986(e) other than one brought by petition and where no other fee is specified. £160 Fee 3.5 is not payable where the application is made in existing proceedings. 3.6 On an application for the conversion of a voluntary arrangement into a winding up or bankruptcy under Article 37 of Council Regulation (EC) No 1346/2000. £160 3.7 On an application, for the purposes of Council Regulation (EC) No 1346/2000, for an order confirming creditors’ voluntary winding up (where the company has passed a resolution for voluntary winding up, and no declaration under section 89 of the Insolvency Act 1986 has been made). £50 3.8 On filing: £50 a notice of intention to appoint an administrator under paragraph 14 of Schedule B1 to the Insolvency Act 1986(f) or in accordance with paragraph 27 of that Schedule; or a notice of appointment of an administrator in accordance with paragraphs 18 or 29 of that Schedule. Where a person pays fee 3.8 on filing a notice of intention to appoint an administrator, no fee is payable on that same person filing a notice of appointment of that administrator. 3.9 On submitting a nominee’s report under section 2(2) of the Insolvency Act 1986. £50 3.10 On filing documents in accordance with paragraph 7(1) of Schedule A1(g) to the Insolvency Act 1986. £50 3.11 On an application by consent or without notice within existing proceedings where no other fee is specified. £50 3.12 On an application with notice within existing proceedings where no other fee is specified. £155 3.13 On a search in person of the bankruptcy and companies records, in the County Court. £45 Requests and applications with no fee: No fee is payable on a request or on an application to the Court by the Official Receiver when applying only in the capacity of Official Receiver to the case (and not as trustee or liquidator), or on an application to set aside a statutory demand. 4 Copy Documents (Court of Appeal, High Court and County Court) 4.1 On a request for a copy of a document (other than where fee 4.2 applies): (a) for ten pages or less; £10 (b) for each subsequent page. 50p Note: The fee payable under fee 4.1 includes: where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file; where a party requests that the court fax a copy of a document from the court file; and where the court provides a subsequent copy of a document which it has previously provided. 4.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy. £10 5 Determination of costs (Senior Court and County Court) Fee 5 does not apply to the determination in the Senior Courts of costs incurred in the Court of Protection. 5.1 On the filing of a request for detailed assessment where the party filing the request is legally aided, is funded by the Legal Aid Agency or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(h) and no other party is ordered to pay the costs of the proceedings. £200 5.2 On the filing of a request for detailed assessment in any case where fee 5.1 does not apply; or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by a client pursuant to an order under Part 3 of the Solicitors Act 1974 where the amount of the costs claimed: (a) does not exceed £15,000; £335 (b) exceeds £15,000 but does not exceed £50,000; £675 © exceeds £50,000 but does not exceed £100,000; £1,005 (d) exceeds £100,000 but does not exceed £150,000; £1,345 (e) exceeds £150,000 but does not exceed £200,000; £1,680 (f) exceeds £200,000 but does not exceed £300,000; £2,520 (g) exceeds £300,000 but does not exceed £500,000; £4,200 (h) exceeds £500,000. £5,600 Where there is a combined party and party and legal aid, or a combined party and party and Legal Aid Agency, or a combined party and party and Lord Chancellor, or a combined party and party and one or more of legal aid, Legal Aid Agency or Lord Chancellor determination of costs, fee 5.2 will be attributed proportionately to the party and party, legal aid, Legal Aid Agency or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed. 5.3 On a request for the issue of a default costs certificate. £60 5.4 On commencing an appeal against a decision made in detailed assessment proceedings. £210 5.5 On a request or application to set aside a default costs certificate. £110 6 Determination in the Senior Courts of costs incurred in the Court of Protection 6.1 On the filing of a request for detailed assessment: (a) where the amount of the costs to be assessed (excluding VAT and disbursements) does not exceed £3,000; £115 (b) in all other cases. £225 6.2 On an appeal against a decision made in detailed assessment proceedings. £65 6.3 On a request or application to set aside a default costs certificate. £65 7 Enforcement in the High Court 7.1 On sealing a writ of control/possession/delivery. £60 Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable. 7.2 On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order. £50 7.3(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution. £100 (b) On an application for a charging order. £100 Fee 7.3(a) is payable in respect of each third party against whom the order is sought. Fee 7.3(b) is payable in respect of each charging order applied for. 7.4 On an application for a judgment summons. £100 7.5 On a request or application to register a judgment or order, or for permission to enforce an arbitration award, or for a certificate or a certified copy of a judgment or order for use abroad. £60 8 Enforcement in the County Court 8.1 On an application for or in relation to enforcement of a judgment or order of the County Court or through the County Court, by the issue of a warrant of control against goods except a warrant to enforce payment of a fine: (a) in cases other than CCBC cases; £100 (b) in CCBC cases. £70 8.2 On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension and CCBC cases brought by Centre users). £30 8.3 On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order. £50 8.4(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution. £100 (b) On an application for a charging order. £100 Fee 8.4(a) is payable in respect of each third party against whom the order is sought. Fee 8.4(b) is payable in respect of each charging order applied for. 8.5 On an application for a judgment summons. £100 8.6 On the issue of a warrant of possession or a warrant of delivery. £110 Where the recovery of a sum of money is sought in addition, no further fee is payable. 8.7 On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure payment of a judgment debt. £100 Fee 8.7 is payable for each defendant against whom an order is sought. Fee 8.7 is not payable where the attachment of earnings order is made on the hearing of a judgment summons. 8.8 On a consolidated attachment of earnings order or on an administration order. For every £1 or part of a £1 of the money paid into court in respect of debts due to creditors - 10p Fee 8.8 is calculated on any money paid into court under any order at the rate in force at the time when the order was made (or, where the order has been amended, at the time of the last amendment before the date of payment). 8.9 On an application for the enforcement of an award for a sum of money or other decision made by any court, tribunal, body or person other than the High Court or the County Court. £40 8.10 On a request for an order to recover a sum that is: a specified debt within the meaning of the Enforcement of Road Traffic Debts Order 1993(i); or £7 pursuant to an enactment, treated as a specified debt for the purposes of that Order. No fee is payable on: an application for an extension of time to serve a statutory declaration or a witness statement in connection with any such order; or a request to issue a warrant of control to enforce any such order. 8A Service in the County Court 8A.1 On a request for service by a bailiff of an order to attend court for questioning. £100 9 Sale (County Court only) 9.1 For removing or taking steps to remove goods to a place of deposit. The reasonable expenses incurred Fee 9.1 is to include the reasonable expenses of feeding and caring for any animals. 9.2 For the appraisement of goods. 5p in the £1 or part of a £1 of the appraised value 9.3 For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods). 15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances 9.4 Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped. (a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 9.1 and 9.2. FEES PAYABLE IN HIGH COURT ONLY 10 Miscellaneous proceedings or matters Bills of Sale 10.1 On filing any document under the Bills of Sale Act 1878(j) and the Bills of Sale Act (1878) Amendment Act 1882(k) or on an application under section 15 of the Bills of Sale Act 1878 for an order that a memorandum of satisfaction be written on a registered copy of the bill. £25 Searches 10.2 For an official certificate of the result of a search for each name, in any register or index held by the court; or in the Court Funds Office, for an official certificate of the result of a search of unclaimed balances for a specified period of up to 50 years. £45 10.3 On a search in person of the court’s records, including inspection, for each 15 minutes or part of 15 minutes. £10 Judge sitting as arbitrator 10.4 On the appointment of: (a) a judge of the Commercial Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996(l); or £2,455 (b) a judge of the Technology and Construction Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996. £2,455 10.5 For every day or part of a day (after the first day) of the hearing before: (a) a judge of the Commercial Court; or £2,455 (b) a judge of the Technology and Construction Court, so appointed as arbitrator or umpire. £2,455 Where fee 10.4 has been paid on the appointment of a judge of the Commercial Court or a judge of the Technology and Construction Court as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee will be refunded. 11 Fees payable in Admiralty matters In the Admiralty Registrar and Marshal’s Office: 11.1 On the issue of a warrant for the arrest of a ship or goods. £225 11.2 On the sale of a ship or goods Subject to a minimum fee of £205: (a) for every £100 or fraction of £100 of the price up to £100,000; £1 (b) for every £100 or fraction of £100 of the price exceeding £100,000. 50p Where there is sufficient proceeds of sale in court, fee 11.2 will be payable by transfer from the proceeds of sale in court. 11.3 On entering a reference for hearing by the Registrar. £70 FEES PAYABLE IN HIGH COURT AND COURT OF APPEAL ONLY 12 Affidavits 12.1 On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration except for the purpose of receipt of dividends from the Accountant General and for a declaration by a shorthand writer appointed in insolvency proceedings: for each person making any of the above. £11 12.2 For each exhibit referred to in an affidavit, affirmation, attestation or declaration for which fee 12.1 is payable. £2 FEES PAYABLE IN COURT OF APPEAL ONLY 13 Fees payable in appeals to the Court of Appeal 13.1(a) Where in an appeal notice, permission to appeal or an extension of time for appealing is applied for (or both are applied for): £235 on filing an appellant’s notice; or where the respondent is appealing, on filing a respondent’s notice. 13.1(b) Where permission to appeal is not required or has been granted by the lower court: £465 on filing an appellant’s notice, or on filing a respondent’s notice where the respondent is appealing. 13.1© On the appellant filing an appeal questionnaire (unless the appellant has paid fee 13.1(b), or the respondent filing an appeal questionnaire (unless the respondent has paid fee 13.1(b)). £465 13.2 On filing a respondent’s notice where the respondent wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court. £235 13.3 On filing an application notice. £235 Fee 13.3 is not payable for an application made in an appeal notice. EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053). It increases fees payable in civil proceedings as set out in the Explanatory Memorandum, which is published at www.legislation.gov.uk. If the fee has been paid for a request to reconsider at a hearing a decision on permission to bring a judicial review and permission is subsequently granted at a hearing, only half of the judicial review fee is then payable. Fee 2 (General Fees (High Courts and County Court) has been changed to remove fees payable on filing a directions questionnaire, receipt of a notice of allocation and filing a pre-trial checklist. References to the county courts have been changed to reflect the introduction of the single County Court. This Order replaces the entire schedule of fees payable in civil proceedings in the Court of Appeal, High Court and County Court. A full impact assessment is also annexed to the Explanatory Memorandum. (1) 2003 c.39. Section 92 was amended by sections 15(1) and 59, paragraphs 308 and 345 of Schedule 4 Part 1 and paragraph 4 of Schedule 11 Part 2 to the Constitutional Reform Act 2005 (c.4) and sections 17(5) and 17(6), paragraph 40(a) of Schedule 9 Part 2 and paragraphs 83 and 95 of Schedule 10 Part 2 to the Crime and Courts Act 2013 (c. 22). (2) 1986 c. 45. (3) S.I. 2008/1053. Schedule 1 was substituted by S.I. 2013/1410 and amended by S.I. 2014/590. Previous Next Back to top All content is available under the Open Government Licence v2.0 except where otherwise stated
  9. Hi I was going through my file of statements for a Store Card taken out in 03 and realise that there is a long list of Late Payment Fees added over the years. Creation has always been the company receiving my payments on behalf of the store. And has always been the company inundating me with calls when I miss a payment !! I do use the store card every now and again. I do pay monthly, sometimes clearing the balance in total, sometimes paying the minimum. sometimes a higher amount. There is currently £500 owing. I have added up all the Late Payment Fees. (Actually Creation changed the name to "Default Sum Fee - Arrears" in end 2008.) The fees have been £10, £12 & £22. From mid 2005 to date the sum total of charges is: apx £240. Compound Interest is apx £995 Total Charges + CI is apx £1235 So their statement says I owe £500. Yet I consider, given the above figures generated from a CI spreadsheet, that they owe £1235. So should I write to them a letter saying I want these charges + compound interest reimbursed to me??? In addition since Jan 2015 Creation has added "Interest on Purchases and Default Sums (if applicable). So 6 months of interest charges on their charges??!! This doesn't sound like fair practise....
  10. I mentioned yesterday on the forum that since the new regulations came into effect in April 2014, the Local Government Ombudsman has dealt with 304 enquiries relating to a council tax complaint that involved bailiff enforcement, and 418 enquiries relating to a penalty charge notice (including congestion charging) that involved bailiff enforcement. The following decision has just been released and again, another local authority has agreed to refund bailiff fees an Out of Time witness statement has been accepted at the Traffic Enforcement Centre. The following is an extract of the decision. Bury Metropolitan Borough Council Mrs X complains the Council failed to refund bailiff costs and the parking fine following the decision of the Traffic Enforcement Centre (TEC). Background: 4 The Council issued a penalty charge notice (PCN) to Mrs X. It says Mrs X did not either appeal the notice or pay the fine. The Council continued to take action to recover the outstanding amount which resulted in bailiffs visiting Mrs X’s property. 5 Mrs X says the first time she knew of the PCN was when the bailiffs visited. She says she panicked when the bailiffs attended and so paid the fine in full. Afterwards she decided to challenge the recovery as she had never received the PCN. Mrs X made a late appeal to the TEC. Her appeal was upheld. 6 The bailiff sent a cheque to Mrs X for £310 on 17 February 2016. This was the return of their fees following the decision of the TEC. The Council retained £82 which is the original penalty charge of £50, £25 for the non- payment before the Council sent a charge certificate and £7 for the debt registration. 7 The Council says it has retained this amount because it did not form part of the TEC decision. It says at no time has Mrs X challenged the PCN and so it is still valid. 8. In response to my enquiries the Council says it will reissue the Notice to Owner to Mrs X. This will give her the opportunity to challenge the original PCN. If it is found the PCN was not correctly issued the Council should make a further refund. Final Decision: My decision is the complaint will not be pursued further. The return of the bailiff fees has provided a remedy for most of Mrs X’s complaint. When we spoke on the telephone previously, she said this is what she was seeking. In addition the Council will now reissue the Notice to Owner which gives Mrs X the right to appeal the PCN if she considers it was wrongly issued. I consider this provides a suitable remedy for Mrs X’s complaint so I will not pursue it further. http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/15-017-156
  11. Hello I am hoping to receive some initial guidance/advice on the following situation in relation to my daughters nursey place. In brief summary; We were hoping to secure a place at a nursey, where our son had spent 2 very pleasant years before moving to reception at school proper. We received and she signed the registration forms as attached. ( I hope) As you may, in reviewing attached, see, Jxx, as a lecturer, was unsure what her hours would be and was happy, after discussions with a deputy manager, that the situation was flexible and we could amend the dates time in due course to suit our needs. As it happened the number of days reduced from 3 to 2. We contacted the Nursery immediately on hearing this. We were astonished that they were going to charge for 3 days for the T&C's 3 month notice period. We attempted to negotiate with no success. I can upload this correspondence if it will help? As the uncooperative and entirely inflexible attitude of the nursery had destroyed our original high standing of the establishment, we have decided to withdraw our daughter completely. We are now being told that we will have to pay in full anyway for the sessions we will not use for a 3 month notice period. This amounts to somewhere near £1000. on top of the deposit! This all appears a little unfair. Particularly in noting the following; we have not both signed the form the paragraph about making every effort to accommodate changes the fact the T&C's are separate The fact that we have even noted on the form the level of uncertainty the fact that we were assured a change in dates due course would be accommodated they are apparently oversubscribed and the place will most likely be filled anyway In any case I’d love to hear thoughts and advice where possible Many thanks Juzz
  12. Foxtons is facing an £80m “class action” lawsuit that if successful could force the giant estate agency to pay back hundreds of pounds in fees and charges to every tenant who has rented a property from them. Michael Green, whose law firm CaseHub is behind the group action, has obtained legal opinions from senior barristers that Foxtons’ fees – such as a £420 adminstration charge, £300 for name changes and £165 for checking out a property – could be illegal under the Unfair Terms in Consumer Contracts Regulations 1999, and its successor the 2015 Consumer Rights Act. Green estimates that the real cost for administration and references should be around £55, and a renewal fee should be no more than £10. But if the claim is successful, Green says it will not just be tenants of Foxtons that will benefit, but millions more people as all letting agency fees charged to tenants could be challenged. In total, he estimates that tenants in England and Wales pay moe than £300m a year in fees to letting agents and could potentially claw back £2bn paid over the previous six years. https://www.theguardian.com/money/2016/jun/25/foxtons-fees-80m-lawsuit-tenants-legal-fight
  13. Hi Folks, Its been a long long while since ive been on the site but been spending most of my time keeping my business a float!. I will be taking on Natwest to recover charges against my business account soon but have to deal with GE Money first. After a long hard struggle we have finally had to sell the house and will end up paying the usual raft of fees including ERP etc to GE. On the one hand i would prefer to simply deduct the amounts from the final cheque but i would be at risk of them rejecting the payment, holding up the sale and then the NR will reposess it. So my action will be settle, regroup and attack!!!. The brief history of the loan is: initailly borrow £44K Pay £4K insurance - have now ascertained that i will get a cheque refund for the rebate on this after full settlement. Pay broker fees of £1500 and legals of £500 so final loan just over £50k. at 12% Went into arrears 26 months ago (interestingly the first month in arrears i had a letter stating that they had charged me £2 admin, have charged me £40 per month ever since.) Their settlement figure is £56k including 26 months arrears, £3200 ERP some brokers fees (hang on didnt i pay them?) and the insurance. I have very politely asked for a detailed breakdown of this figure but reckon that i will be looking at aprox £4300 plus £3000 for the rebate on the insurance. I dont like to pay first then claim back but my solicitors think that its better to secure the sale, retreat and live to fight another day. Hope to begin early FEb if all goes well. will keep you posted. Guy
  14. Good morning, I had a bank account with natwest bank. I have recently noticed on my credit file that the account defaulted on the 31/10/2011 for £831. I have now spoken with natwest and they informed that i was £1.41 in credit and a payment of £20 tried to leave my account. Because there was not enough funds i have accumulated this £831 in unarranged overdraft fees. They have offered me an offer of £332 to settle the balance. Now i am at a crossroad as this is affecting me getting a mortgage but i do not want to pay this amount.
  15. Hi As the subject suggests, can anyone please tell me what is the time frame in which to start (or complete if required) a case to reclaim mortgage fees etc from acenden? thanks
  16. Since the introduction of the Taking Control of Goods Regulations 2013, it has been very interesting to observe the number of forum posts (here and on all other websites) where debtors (and indeed regular forum posters) consider that in cases where a debtor is identified as being ''vulnerable', that the local authority (or creditor) should be obliged to recall the account from an enforcement agent.....and remove all bailiff fees. In the majority of cases, the fees under discussion will be £310, consisting of a Compliance Fee of £75 (applied when sending the Notice of Enforcement) and an Enforcement Fee of £235 (applied when an enforcement agent attends the debtors premises in person). In the following post I have outlined my opinion on the above.
  17. I have lurked around this sites before looking for advice relating to my problem and have found it very helpful. My problem is related to my gym and their agency responsible for debiting money Harlands. I see that they are often mentioned here. When signing up for the gym, gym staff signed me up without letting me read through the contract. I knew I would not be there for 12 months, but they assured me I could cancel it provided I prove I have relocated which seemed reasonable. Extra charges were of course not mentioned. I did not actually see terms and conditions as one of the members accepted terms for me in a hurry. They never mailed me the contract either, I had to obtain it from their website. One of the terms does state that upon failing to pay Harlands will charge me an additional £25 for the effort of having to find me. I changed addresses and was not able to view their letters. I did not know why they were overcharging me. I canceled the payment each time as every month they tried to take the increased sum rather than the normal gym fee. So each month was stacked up. Each payment was more than 2x of the gym fee on its own. I emailed them initially thinking I will be dealing with reasonable people, back then I didn't know their business model was ripping people off that don't know any better. I have pointed out to them that under Consumer Protection Law 2015 62 Requirement for contract terms and notices to be fair (1) An unfair term of a consumer contract is not binding on the consumer. PART 2 UNFAIR TERMS SCHEDULE 2 Section 63 CONSUMER CONTRACT TERMS WHICH MAY BE REGARDED AS UNFAIR 6 A term which has the object or effect of requiring a consumer who fails to fulfil his obligations under the contract to pay a disproportionately high sum in compensation. By my interpretation requiring me to pay more than double for a “administration charge” would be qualify as disproportionately high and hence that term would not be legally binding. I have emailed them saying that I am more than happy to pay what I owe to the gym, but will not pay the charges. Response was, I am legal bound to pay them. At first I tried reasoning with them that I will pay a single late charge as I do like using that gym. This was refused, had no reply from the gym. I had emailed the gym saying that I am unable to use the gym because of the problem Harlands have with me. I am canceling my contract with them as I can’t pay for service that isn’t provided. Again I said to them that I am willing to send them a cheque for what gym fees I owe them and deal with Harlands separately. Every reply I received since then from Harlands was that I signed contract and every contract is legally binding, ALWAYS. Even if a term in it would require me to fight the queen, sell my blood to them or anything else which can’t be a legal clause. Right now the sum I owe them went up to about £300 pounds, it will increase more once they pass on my case to their in house goons “CRS”. The language almost tries to hint at compound interest. My questions is am on the fair grounds for gym cancellation and what power do CSR/Harlands actually wield? Have they ever actually took anyone to court or not as they know they can not win. I am ok with being harassed with emails for next few years. I just want to know where am I standing was this actually to go to court. Thank you . Sorry if I have misspelled or confused some legal term, this isn’t an area I know much about.
  18. For a very long time I have raised concerns on here about inaccurate information regarding the enforcement of Magistrate Court fines. The reason for my concern is because, unlike any other debts, (penalty charge notices, liability orders etc) the enforcement officer has the right under the warrant to 'force entry'. Yesterday, the Parliamentray Under-Secretary of State for Justice; Shaliest Vara, clarified the position regarding enforcement agents fees....the 'pro rata' distribution of payments.... and most importantly, how courts deal with direct payments (after a warrant has been past to the enforcement agency. A copy of his statement features in my second post. By way of background, the following is a copy of a post that I made earlier this month: In the past couple of weeks I have received reports of six cases where a locksmith had been used to enforce a debt for magistrate court fines after a debtor had relied upon misinformation on the internet and believed that paying the amount only of the court fine (minus bailiff fees) to the court (as opposed to the enforcement company) would mean that the warrant had been satisfied. In four cases, payment had been made to the court on receipt of the Notice of Enforcement (when bailiff fees of just £75 had been added). In the remaining two cases, payment had been made following an enforcement agent agent visit (fee of £235 had been applied) In each case, the person had relied upon the following statements featured on social media sites (with close links to the Freeman on the Land movement). The warrant for court fines only enables the enforcement of the "Sum Adjudged". Section 76 of the Magistrates courts Act 1980. Pay the fine online. That extinguishes the power to control of goods. The warrant only gives a power to take control of goods for the "sum adjudged". In each debtors case, after making payment to the Magistrates Court they had received notification from the court that their payment had been forwarded to the enforcement company so that the company could properly deduct their Compliance fee of £75 and apportion the balance on a pro rata basis in line with legislation. By following the inaccurate advice, each debtor had incurred substantial additional fees. In four cases, an enforcement fee of £235 had been added and in each case locksmith fee had also been applied.
  19. I have a couple of questions I'm hoping someone can offer some advice with. I have a secured loan with Southern Pacific (Acenden) for £5500 taken out in 2006 and is due to finish at the end of April. In 2007 I was made redundant, got in to approximately £400 of arrears and was taken to court and ordered to pay the full monthly payment plus £20 per month towards the arrears. T his I did but Acenden added a £30 arrears fee each month to the arrears, hence I had no chance of ever repaying these arrears. The situation is that I now owe £12k which is due to repaid at the end of April and is made up entirely of fees, charges and interest. My questions are, 1. Does anyone thing there is any point going to court to challenge Acenden on the basis that they have frustrated the order of a court (or whatever the legal terminology maybe) as by them adding charges to the arrears I could never repay the arrears as directed by the court. 2. Does anyone know of any company that would be able to offer legal help (rather than just the generic advice you get from National Debtline etc.)? I have approached a local solicitors (in Bolton) but they want my to pay £500 up fron t just to look at the papers before deciding if they could help which I'm not in a position to pay. Any advice appreciated.
  20. In January 2015 I was persuaded by TalkTalk to upgrade to a tv package. At the time I didn’t know this was what I agreed to I was stuck with it. I also agreed to an 18 month contract. Last September I changed my address. At first I was told me I had to enter another 18 month contract. I disputed this and TalkTalk accepted that the original 18 month contract beginning January 2015 would continue with any additional contract. In February 2016 Sky offered to refund me the contract breakage fee of £99 if I signed up to Sky broadband and landline. TalkTalk said they would calculate the exact contract fee that was I had to pay and I should not cancel the direct debit until they told me the exact charged that had to be paid. TalkTalk disconnected my landline in late February. TalkTalk then took out almost £200 from my bank account because they said anyone who changes address must commence a new 18 or 24 month contract. This almost £200 was because the contract runs until March 2017. I went to the bank and recovered the almost £200. I’ve cancelled the direct debit. Do you think I should recover the direct debit payments that have been paid after TalkTalk disconnected the landline. Generally how do I proceed with this.
  21. just need some advice of a stupid issue caused by the Council, paid my bill up in full for the year 2015/2016, payments during the year have been up and down but ALWAYS made within the calendar month no later and yes we have had the 2 statutory warnings. We have been told there is £55 outstanding for a court summons in March, my missus phoned the council and they said we were late paying February's payment by 3 weeks so they have issued court proceedings. Can we do anything about this apart go to court?
  22. Hi My wife and I recently made, and had accepted, an offer to buy a property. The first line of the particulars said "A most spacious five bedroom detached family home with approximately 3,000 sq ft of living accommodation..." There was a plan of the property later in the particulars but no dimensions on it. There were dimensions on a room by room basis included as part of the description of individual rooms. I had a full survey done. That states "The overall internal floor area extends to around 2085 sq ft". We have withdrawn from the sale principally because the property is a lot smaller than we thought. At a minimum I would like to recover my lost survey fee. The selling agents are members of the Property Ombudsman Scheme. Worth going to them? Or straight to small claims court? I have some experience of the small claims court and am comfortable bringing claim on my own, and I am thinking probably is worth going straight to court. What is basis of the claim? This looks like a clear breach of Consumer Protection from Unfair Trading Regulations but can I claim my losses under those regs or is it best to go under general law of misrepresentation? On this - I was induced to enter into a contract with the surveyor by the misleading particulars - is that what I need to establish to succeed ? Put another way does it matter that I did not have any contract with the estate agents themselves? Any thoughts gratefully received. Many thanks
  23. Every day, without fail, I receive an enquiry about an enforcement agent charging 'multiple fees' and in fact yesterday, two enquiries were received on this forum on the same subject. Clearly there is a need to provide guidance on this subject. In 2014, the Taking Control of Goods Regulations 2013 (and other supporting legislation) came into effect and introduced significant changes to previous bailiff enforcement. The situation now is that when the enforcement agent receives instructions from the creditor (commonly; the Magistrates Court (in the case of court fines) or local authority (in the case of council tax arrears) the enforcement company are under a legal obligation to send to the debtor a Notice of Enforcement. This notice must identity the debt and invite the debtor to submit a payment proposal by the date set out in the Notice. This period of time is referred to in the regulations as being the 'Compliance Stage'. It is important to note that when the Notice of Enforcement is sent, a statutory 'Compliance fee' of £75 will be added to the debt. If full payment is not made, or a payment arrangement set up by the date given, the account will then be referred to an enforcement agent. He is then able to make a personal visit to the debtors property for the purpose of 'taking control of goods'. Once the account reaches this stage....it is much more difficulty to get a payment arrangement set up. It is only at this stage of enforcement that the important subject of 'multiple fees' comes into effect. Prior to the Taking Control of Goods Regulations 2013 being introduced, it was sadly the case that the previous regulations allowed bailiffs to charge 'multiple' fees when enforcing more than one debt at the same time.This led to dreadful instances of injustice and in particular, with debtors who had one or more penalty charge notices. To avoid these situations being repeated, the government imposed a condition that 'multiple fees' cannot be applied....in certain circumstances. The actual legislation can be found under Item 11 of the Taking Control of Goods (Fees) Regulations 2014 http://www.legislation.gov.uk/uksi/2014/1/regulation/11/made?view=plain However, particular attention needs to be given to Item 11(b) as this is where most of the confusion about 'multiple charges' arises.
  24. Hi, Please can you advise? In March I had a couple of in depth conversations with a programme advisor for DPG - a company that offers training in HR. In these convos I covered much territory including what if I don't pass (they claim you won't or your money back), what if I lose my job and can't pay etc (they allow for mitigating circumstances). One of my questions was 'what if I just decided to drop out because it wasn't for me/wasn't convenient at that point? Is it that you lose whatever money you've paid?' and I was told that is indeed the case. As a result of these calls I signed up for a 10 month course costing £4200 and I paid a deposit of almost £800. In return they sent me a mini iPad as a welcome gift. They provide no other materials other than access to the online training content. Within days I had my life ripped apart. My fiancee, the love of my life, ran off with my best mate and I am in pieces. I've suffered insomnia, weight loss, violent outbursts,spontaneous bursting into tears, paranoia and truly feel I am losing my mind. Seriously, I am on the verge of cracking up. I tried to struggle on, bury my head in the course to distract myself but it was no good. After just 4 hours use of the training programme I called to say I was leaving. The person on the phone asked for details and I broke down in tears on the phone as I told the whole story. To my surprise she said that as the 14 day cool off window has passed that I am liable for the full fee of the course. This is when I was expecting a sizeable refund of the £800 already paid! At no point in my conversations with programme advisor who answered all my questions - who also took my payment - was there any mention of the 14 day cooling off period which I would like to think would be required as they are effectively distance sellers and their product was purchased over the phone. She said mitigating circumstances may result in a 'partial decrease' and would speak to her boss. I told her that she's had £800 for just 3 weeks access to learning material and just 4 hours was used and that £800 is more than enough. I also said that charging the full fee is scandalous and immoral - not the way a HR-orientated company should operate. As they are a business I made the financial argument that they can keep the £800 as it will be a huge profit margin for them. I was asked to put everything in an email so I did. The programme director replied, ingratiatingly sounding caring and concerned yet and offered the option to defer for the - get this - 'admin fee' of £495 or that I can leave altogether, at which point there is nothing he can do and the full fees must be paid in order to be "consistent and fair as a business". Annoyingly he then said that he can waive all fees if I provide medical documentation stating I cannot continue with the course - which means he can waive the fees if he so wishes! My life is in tatters! My social circle is gone as many knew what was going on behind my back and my so-called mate works in HR which means I have no desire to go that route anymore. I pointed out that I feel trapped and cornered at a time I am most vulnerable (and about to go off work with stress) and that the only options he is leaving me with is to deteriorate further to the point where medical intervention is required (which is sadistic) . Pre-course they mentioned mitigating circumstances - isn't what I'm going through 'mitigating'? He replied saying he understands and doesn't want to add to my stress (ha!) but that he wants to help me (really?) and be fair as a business (by charging £3500 for services not yet rendered). Please help! This cannot be legal, surely? Companies are prevented from applying excessive parking charges because the amount demanded is disproportionate to the loss to their business. What is fair and reasonable about anything they are doing? What is fair and reasonable about basically saying "I can waive the fees if I want to.........but I'm not going to"?
  25. Hello, many moons ago I opened a JD Williams account, everything seemed fine until I opened up my account to have a wee look in, it seems I pay £89.96 per month Direct Debit, A few months ago I noticed that I should have my balance about cleared now. NO! Im still due them over £1500, I went back into my account and found the had been taking off £60ish in Admin charges, so I called them up and asked why this was happening, they said its standard admin fee's as I get the goods cheap, I said cheap, thats rubbish I only buy from you for the convenience. That was really the end of the call. Now I spoke with the bank and they said this can't be right and try and investigate this. So far I cant seem to find help. Is there anyone out there that can point me in the right direction as this cant be legal, also I never signed an agreement with them. PLEASE HELP ME Andy
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