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    • Is the letter headed Letter of Claim/before Claim or similar? If not, it sounds like more of the threatogram chain. If you're not sure, post up an anonymised copy of the letter and we'll check. HB
    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello everyone:)

 

I had a visit from a Rossedales bailiff just over a month ago regarding council tax debt of just over £1000.

He pulled into my drive and I went out and spoke to him.

To cut a long story short, he issued me with a Walking order on my car.

I discussed with him about my finances (I am currently on Maternity allowance) and he assured me they would be sympathetic and allow me to pay 'whatever I could afford'

So I wrote to them including a means test form offering to pay £20 pm as this is the most I can afford.

They wrote back saying that I have to pay £40 pw.

I phoned them and had a discussion about my circumstances...explaining our situation (Mat/Allow and WFTC is my only income at the moment..my husband looks after the children we have a 14yr old Autistic child, a 10yr old and a 6 month old baby...I am self employed and only started my business a month before I found out I was pregnant...they said that because we don't claim any benefits other than Housing/council tax, we HAVE to pay £160pm, or £40pw end of discussion.

 

My question is, is there any way I can get them to accept a lower payment?

or can I get the council to accept the debt back?

 

 

I was paying the council off nicely until last year one of them told me to stop my standing order as the debt was clear...I took their word but it obviously wasn't as it was covering a couple of debts...I had been paying every week without fail for 6 years!!!...instead of letting me know, they passed the debt to rossendales....

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Is the vehicle subject to any finance, or required for your work ?

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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OK.

You need to go in person to the council and ask them to take the debt back on the strength of your payment history, and your childs needs.

Also, send this letter ASAP to Rossendales.

If they return, they will try and intimidate you, so you need to be strong.

Refuse point blank to have anything to do with them. Do not let them in your house, and do not sign anything EVER.

 

 

Vehicles and Assets Required for Your Business

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company, in advance, that a motor vehicle is necessary both for your use personally, and is required for your business/employment. If you are self employed, it would be advisable to provide proof of self employment by enclosing maybe a business card or letter of confirmation from an accountant. This letter could also be adapted to refer to other assets necessary for your use personally in your employment/business or vocation.

To: The Bailiff Company

Date:

 

Dear Sirs,

Re: Account reference.

I refer to your letter/visit dated
(enter date)
informing me that your company have been instructed by
(enter local authority)
to enforce a warrant/liability order etc against me, in respect of
(a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to
(seize/auction etc my goods.)
unless full payment of
(enter amount)
is made by return.

I am aware that statutory regulations provide that certain items are exempt from seizure, and that these include:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.

Could you please note that I am employed as
(see note)
and that my vehicle is for my own use personally in my employment/business. As evidence of this, I am providing photocopies of
(enter details).

I can confirm that I am willing to pay this liability at a rate of
(enter amount).

For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority.

Could you please confirm safe receipt of this letter.

 

(ensure that you keep a copy)

 

Yours Faithfully.

 

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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It wont be easy, and you have to be tough, but remember there are laws to protect us from these scumbags, its just that they dont think they have to abide by them.

 

Good Luck.

  • Haha 1

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Well I went to the council first thing this morning, and within 10 mins they had got hold of Rossendales and told them that the offer of £20 pm was acceptable:D

 

Result....thank you Tony;)

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And don't forget, you only have to pay what is written on the magistrates liability order. Not a penny more. You can leave Rossendales high and dry on this one. Their fees will not be included on the liability order, so they are legally unenforceable.

 

Once the amount on the liability order is discharged that is the end of the matter.

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Great result.

 

Please get it all in writing from the council.

 

Im so pleased for you.

 

Another bailiff bites the dust.

 

Well done TEAM.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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