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Found 16 results

  1. We have just been through a tribunal and have a council tax amount to pay £2300, its over 3 years and was about a discount that was incorrect, We are on very low income and offered council £5/£10 a week for three months until circumstances changed, I have just finished a photography course and am building a sole trader business. Council ignored offer and passed it to bailiffs, I offered bailiffs the same offer but have refused. Said they wanted it all within 6 months, on the upside of being poor, we have no assets, TV is pay weekly, 2 cheap mobiles on a service plan one year left to pay, but... I bought to start up the freelance photography I bought cheap 3rd hand computer £600, a video/stills camera £600, a light £100 and background stand £100. Plus I have three external drives with photos and home things on worth £60 each. Can they take the computer, camera, light, backdrop and hard drives, or do they come under items for work and education. They can have the tassimo coffee machine I got for Christmas.
  2. Hi, I received a parking charge notice on the 4th August, about an over stay in a 'free' retail park called Rheidol Retail Park in Aberystwth. The date of the this happened was 22/07/16. I overstayed according to them by 23 minutes. It was pouring down, and i had the wife and my three young kids with me, so they stayed in the shop and i went and got the car, the whole thing took longer than expected, which helped us be late out! Its my wife car, but i was driving. I wrote back appealing, but from my wife as the registered owner, not the driver. They requested evidence of purchase, but we have no receipts, only bank a statement of purchase from a store in that retail park. To compound the issue, the bank statement says a different day, but as we were on holiday there and left the day before the bank statement i guess its just a delayed payment. Anyway, got the POPLA appeal number now, so was hoping for a little advice on how to word it? I can't really check the carpark for signs or anything as its quite a distance away. I was also thinking if i let it go as far as court, i guess i would have to go back near the car park it happened in? What do you think my charges of a successful appeal? The Mrs would rather i just pay i think, but hate paying cowboys for nothing. Many thanks.
  3. Hi, can anyone tell me what it means if your PPI claim is at the 'calculation stage' of the investigation please? Thanks in advance. C
  4. Hi, I'm just after some clarification of when the compliance stage begins please. My OH got a speeding fine back in Jan. He made two payments then received notification that they had located his employer and would take the remaining £60 from his wages (ok with us). However the employer they had was incorrect so like the letter asked, he wrote to them with details of his new employment on 22/03/16. Expected money to go out of April's pay as thought it would be too late for March's (28th.) The week before April payday he got a letter from collectica saying the £60 fine had been passed to them and we now have to pay a £75 compliance fee, totalling £135. We contacted the court central finance unit to ask why as we thought it was going to be taken from wages and they claimed they never received the letter and were absolutely disgusting with us (threatening to have bailiffs sent round and a warrant for his arrest and he could spend the night in the cells if he wanted, then told him she couldn't help him anymore and put the phone down on him.) They said he should have chased the letter up when they didn't respond within 7 days. (We told them we didn't know they respond to everything within 7 days or we would have and we would have chased it up if it hadn't been taken from April's wages.) I made a formal complaint about not being allowed enough time to realise the letter "hadn't been received" and the manner in which we were spoken to, only to be met with more disappointing responses (addressed by the wrong name and told they "felt the manager wouldn't have spoken to you in this manner as she is very experienced.") I replied to tell her it was unprofessional to call him by the wrong name (amongst other errors) and she should listen to call recordings before suggesting he was lying. Apparently they don't record calls but she managed to apologise for the "grammatical errors causing confusion." Obviously their admin and managerial skills are very poor and we think the letter has been lost. whilst this was happening I told collectica about the ongoing dispute as it shouldn't have been passed to them in the first place and I asked the CFU to contact Collectica to put a hold on the account whilst dealing with the complaint, which they did. When I received the response letter from the CFU (the one with the wrong name etc) I called collectica to make payment as I was unsure if this meant they would take the account off hold and didn't want the £235 enforcement fee to be added. The lady at collectica confirmed it was on hold until 31st May but could be taken off at any time by the CFU (the 7 days to pay to avoid enforcement fees had passed by this point.) I asked the lady what the compliance fee was for as I thought the stage commenced when the enforcement agent was instructed by them and not when the company received it. She told me that was incorrect and it was when the company received it and not when it was passed to one of their agents. I've had another look at the taking control of goods regs and it does say agent: (a) the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage; Then under interpretation: “enforcement agent” means an individual entitled to act as an enforcement agent by virtue of section 63(2) of the Act, but it does not include an individual who may so act by virtue of section 63(2)©; This to me means when it is passed to one of their agents and not just the company itself? Considering the account was on hold for the majority of the time and by what the lady said on the phone it sounded like had only been passed to the company and not one of their agents. Do you think there would be any chance of getting the £75 fee back? A fee larger than the original amount owed for sending a letter then putting an account on hold seems very excessive to me? Thank you for any help and advice!
  5. Hi All that has a read, Thank you firstly for clicking the link and using your time to have a look at my issue On the 29th Jan I spoke to someone that called my mobile, they said they had a high court writ in my name and have been sending letters to an old address. I said that I had not lived there for four years. I gave them my correct address details asked them what it was for and said if it is mine can I arrange a repayment. They said yes but didn't know the details of it. The bill was for 1200.00 Yesterday I received a letter from a bailiff hand delivered, now asking for 2150.00 ish saying that he had visited to take items. I called him his mobile was off Today I called the HSE Group and spoke to them they said they sent me a letter on the 4th I had 10 working days to sort it and I didn't, I gave them my address details why would I then ignore them! They said I would need to speak to him, he has put on charges of £190 2nd stage and £425.00 3rd stage all in one day? is this allowed? crazy I was out at work. I called him again he finished work today at 1pm and turned his phone off, I know this as I rang them back and said I have now tried to call him again and his phone isn't working, they said its turned off when hes not working and no answer machine Please help, I think this is crazy that I have to pay all this extra money when I gave them my details. I can find the money for the original debt, but its doubled! The other thing is I am not a serial debt builder I had a house repossessed because of bad tenants and negative equity and my business failed too, every penny I earn goes to clearing my past. Many thanks in advance
  6. Hello. I am currently getting income based JSA for about 1 year now. I stay with my mum, But all of a sudden my mum is saying i need to pay £27 towards to rent as the council will only pay £109. So why now do i need to pay. I have a brother who gets ESA, and my mum gets income support. What are causing the housing benefit deduction, My brother only started claiming ESA this year in march, And all of a sudden the housing benefit is cut. So could someone help me because i am getting the impression the cut is because of me but i have been getting jsa for around a year and my mum has been getting full housing benefit since untill now.
  7. Hi, we have an old council tax debt that was near on £2000, we had a payment arrangement with our local council and we were late making 2 payments and it was handed to a bailiff who we contacted right away by email and phone to make offer to pay and set up a payment arrangement. They would only accept amounts we couldnt afford or stick to,we made a clear repeated offer of £50 monthly and did income forms.despite this and our contact with them they then sent enforcement letters citing lack of contact and would not retract them unless we paid the amounts they wanted or the full amount. They were not willing to any payment plan other than one that was a minimum £150 a month and we couldnt afford that.from the start we offered regular payments of £50 monthly. Despite contacting our local council we had no luck in them retracting the bailiffs and the council were quite rude and blunt about it.Regardless we have made regular online payments direct to the council since July,but the bailiff still visits,i think they've done their 3 visits now,we had an enforcement visit this morning with 2 agents and a van. I know the rules about not being able to just enter etc but was wondering is there anything more we can do to stop this little short of being bullied into payments we cant afford because they'd be too high.The pressure and stress is awful.I'd appreciate and help you can offer,thanks,Julie
  8. A month ago, a regular contributor to this forum (Dodgeball) started a thread on here about the ‘sale stage fee’ of £100 and when it should be charged by bailiffs. The regulations were completely overhauled in April 2014 and there is (and will continue to be) a great deal of differing of opinion about the wording and application of the regulations and will no doubt not be properly resolved until a court makes a judgment. Unfortunately, Dodgeball’s thread was once again the focus of unwarranted attention elsewhere and with this in mind, the thread ended up running to seven pages. http://www.consumeractiongroup.co.uk/forum/showthread.php?453200-Removal-for-sale-fee-when-can-it-be-charged I am reliably informed that because of the importance of this subject, Dodgeball approached the countries expert on bailiff law; John Kruse for his professional opinion. John considered that the question was important enough to be quoted is his regular Bulletin (that is available to the advice sector for free or available by subscription to the public). Given the popularity of this forum, it is frequently viewed by members of the the enforcement industry. Those individuals are unlikely to read a copy of John Kruse's Bulletin. Hopefully by providing a copy of his opinion on the charging of this fee it may prove useful to them. A copy of Dodgeball's question is below: I am currently engaged in an interesting debate about sale fees and when they are applicable- in particular if a bailiff can charge the sale stage fee whilst on an enforcement visit. Many, particularly HCEOs, are under the impression they can. My position is that they cannot. My arguments are these: Sch.12 para.13 TCE Act 2007- this section outlines the ways that goods can be taken under control; it says that one of the methods listed must be used. Since only controlled goods can be sold then presumably only one of these can be used and must be used prior to removal for sale. It must be noticed that none of the options relate to the sale of goods, in fact they all indicate that another attendance must be made, to removed the previously secured goods or to inquire about the failure of a controlled goods agreement. The mention of removing goods in para.13 is, as you say in Bulletin 27, for purpose of storage rather than sale, so a subsequent attendance must be made there also. The Taking Control of Goods (Fees) Regulations state that “the sale or disposal stage ... comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale etc.” The attendance at enforcement cannot in my opinion be for the purpose of transporting goods to the place of sale, because no goods have been seized at this point. There is also the matter of arrangement for sale as you mentioned in Bulletin 29. I do not believe that merely ringing for a van can fill these criteria as I believe the MoJ has suggested. Thirdly I think that the procedure was intended to be in three stages, so allowing the EA to circumvent the last stage by switching from enforcement to sale whilst in the enforcement stage is not what was intended. I would appreciate your thoughts.
  9. My first time using a forum ever, wish i had done this sooner .... ill try and explain best i can. had a Lloyds bank account roughly 5 years ago, changed bank accounts since and thought nothing of it. I then received a County Court Claim form on 28th April 2015 then a letter from Bryan Carter Solicitors on 29th april 2015 out of the blue saying i owe £270 The claim form states : Particulars of claim The claimants claim is for the sum of 181.10, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds. Under account reference XXXXXXXX and assigned to the claimant on 03/07/13, notice of which has been given the the defendant (Ive never received this) the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with (again not received) And the claimant claims 181.10 the claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 14.49 in brief i replied to the court and sent in a defence stating that i had never received the default notice nor any other correspondence before the claim form and that i had requested a copy of the credit agreement including the £1.00 payment but no reply . (i sent them recorded delivery and have the signature as proof they were received) They offered mediation to which i said yes but when i spoke to the mediation team it wasn't suitable as i had still not received a copy of the agreement i had requested for a second time. the last reply i got from bryan carter was on 17th july 2015: "we confirm we are taking further instruction from our client in regards to your request for documentation under the consumer credit act 1974 and we will revert back to you in due course. We confirm the production of these documents at a later date will rectify any earlier breaches." Then on the 11/8/2015 i received notice of allocation to the small claims track (hearing) My hearing is on the 16th October and i need to put in a witness statement 2 weeks before that... ... i dont know where to start with it? and also after reading a few other threads i think i should have asked for CPR 31.14 at the beginning but i didnt:| its really weighing heavy on my mind now and just want to get this statement in and let the court decide its not a very large amount i keep thinking i should just give in and pay (not that i have that to hand) but then i think why should i when i dont have any information about this debt??? any help would be so much appriciated!!!
  10. Section 5(1)(B) - The Taking Control of Goods (Fees) Regulations 2014 the enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage; At what stage is the £235 fee incurred? 1. Just by visiting at debtor? 2. Or, by taking goods under control? If it's just by visiting the debtor's property then, at what stage do they take control of the goods? For the sake of clarification, CAB website tells me that Enforcement Visiting your home or business premises to take control of goods, including everything involved in identifying, valuing and taking control of your belongings So in essence, if the bailiffs have not taken control of any goods, this stage hasn't applied? Also, do they have to produce any document if they have seized any goods? Or could they just say to you that I am removing goods and take what they fancy?
  11. I have a question on capability dismissal. I have recently received First warning on my performance. The ground for it is an assessment that I had a month ago. I had few objections on the assessment (the way the assessment was done, range of questions etc..). I have raised these issues on the formal meeting with my line manager and HR representative, but I still got First Warning. The formal letter I have received is mentioning my right to appeal to one of CEO. I do not think that it will make much sense to appeal as I believe this is happening with management approval. But I do not think that assessment was fair and I think I have enough evidences for this. My question is as following: if I will be dismissed and go for tribunal will it take into account that I appealed or haven't appealed on First Warning. Is it worth to appeal from this point of view? Many thanks. Emily
  12. Ive made a claim for ESA. Dis so begining of December 2013. I'm 22 weeks into claim (13 weeks of which is the assessment period ).....I've been told it'll take months to sort out my claim but not as long as a year I'm still on the lower rate. Everyone I see on forum sites talk about getting their appeal dates, I haven't got that far.....How long is this gonna take, anyone got any ideas???
  13. Hi, I'm not sure if I have posted this in the right place as I could not find a forum related to my query. I have just received a 'request for meeting - warning you are at stage one' because I owe a little over one weeks rent. I am fuming, this is the second one I've received, (the first one at the end of August because again I owed just over one weeks rent) I get paid at the end of the month and always make my rent payment on that date. By looking at my rent account they can see that I make regular payments and I feel like they are harassing me. But before I call them I was wondering if anybody knows if they can send these warnings for such a little amount of rent arrears? I always thought it was four weeks arrears? and I obviously don't want to go in all guns blazing if they are allowed to do this. She has said in the letter, 'Despite my previous letter you still have a rent debt of £just over one weeks rent. It is important that we meet to talk about how you will pay this debt. (I have paid two lots of rent since the previous letter, putting me in front until this week) It then says in bold - If you don't keep this appointment o arrange another one and the debt remains unpaid, I will start legal action which could result in you losing your home. The appointment is for the day before payday??? How much sense does this make. Anyway, calmed down a bit now I have typed my frustration If anyone knows if they can send these letters I would be grateful Many thanks
  14. Hi just looking for some advise. Cut a long story short I had a fine of £145.44 left to pay to Phoenix Commercial collections. This was originally a lot more due to 'first visit fees' etc which after querying because I was home all day, appeared they had been 'applied in error' and were then removed. A settlement plan of 4 x instalments was offered in letter form to which I made the first instalment 3 days later. the letter did not state a timescale in which to respond just please confirm by return, hence me making the payment. However 3 days after they dated their offer letter they then applied a Compliance Fee of £75 which they now claim is due to me not calling them to confirm acceptance of their offer (they gave me less than 3 days as it took 2 days to arrive, in which time I already made a payment) Surely making the required payment, early, is acceptance. I have since cleared the balance in full however they are still demanding the £75 even though I never missed a payment, paid the last two payments off two months early and had made the first payment within 3 days of their offer. Surely this is completely unfair and as I have met with their offer they cant enforce this?
  15. My sister got a Notice to Owner through the post in relation to a parking ticket for February (council). Contravention was: 40 Parked in a designated disabled person's parking place without displaying a valid disabled person's badge. My sister cannot remember that far back, but she is adamant that she did not receive a ticket at the time. Appealed to council after NTO, ignored and Charge Certificate issued. Charge Certificate challeneged successfully. New NTO issued 31.7.13. NTO appealed online stated never received original PCN, need copy of original PCN and any photos. reply came today as below: In your response you query the validity of PCN as there are no photographs of the contravention. I would advise you that this PCN was issued at 20:28 on a winter's evening and the pocket book notes of the issuing officer have stated that no photographs were taken at this time. This would have been due to the conditions, as the equipment used by ******** Borough Council CEO's did not give good quality photographs in the dark, due to glare of the flash being reflected onto the lens. They have reduced the PCN to the £35 and given her a further 16 days to pay it. However, without any evidence of the contravention except the word of the CEO and my sister does not recall parking there, is there a chance this would work in a strongly worded appeal letter?
  16. Hi there, I have been called forward to a final stage sickness meeting and im terrified that i am going to be fired, i have been sent a document from the HR department outling all the days that i have been off, many of them relate to migranes, something that i have been bugged with for years. Both The OH doc and my neurologist have said that these are disabilites and are covered by the DDA, however going through the list, i have noticed lots of inaccuracies especially regarding the number of days i have been off. There have also been recent events where people have reported that i havent been at work when i actually have but have been told to go home. could this be called medical suspension? Luckily i have people that saw me. Many of the times that i have been off sick i have not had return to work interviews with managers does this mean that they havent followed the process properly? Also at the last meeting i had to raise with the management that they had infact got my score wrong and that they were not taking my disability into account. The OH doctor informed management that it is a matter for them to decide how much absence to tolerate as a "reasonable adjustment" so far they havent!. They also have documented that i have been removed from shifts between 11pm and 6am then why is it that i was forced to be on call up until midnight? is this a breech of the adjustment? He also recommended that i returned to ward based duties which i was told was out of the question! Recently i have had two collapses which at the time i did not know the cause of, but having spoken to my neurologist and GP who provided a fit to work note stating that she was concerned about my duties to work in the community due to risk of collapse, they have been found to be linked to my migranes. My neurologist has written to confirm this and has changed my medication, and due to see my GP again this week. Again i have been forced to go home by HR telling my manger this and stating that i was not to return until i had seen the OH doctor. I have had trouble with my absences in the past but i am actively trying my hardest to reduce this, i have even gone to the lengths of having surgery in my annual leave as to not increase my sickness anymore. What can i do at the meeting and where do i stand legally? would i be able to proceed with a tribunal if the worst happened?
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