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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Hi With the Section 21 Notice I do hope the Landlord issued you with: Energy Performance Certificate (EPC) for the Property How to Rent Guide A current Gas Safety Certificate (if gas in the Property) If above have not been provided to the Tenant by the Landlord then they can't use a Section 21 Notice until the above have been provided (note you don't warn the Landlord of this until but put it in your defence) Have a good read of this link: Evicting tenants in England: Section 21 and Section 8 notices - GOV.UK WWW.GOV.UK Information for landlords in England on tenant eviction: assured shorthold tenancies, including eviction notices, Section 21, Section 8, accelerated possession, possession orders, bailiffs  
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      thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
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    • Easywayout
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 

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      We have finally managed to obtain the transcript of this case.

      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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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Council Tax - Notice of Distress threat! ... PLEASE ADVISE

papadak
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papadak

papadak

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Council Tax - Notice of Distress threat! ... PLEASE ADVISE Council Tax - Notice of Distress threat! ... An unbelievable council (who shall remain nameless for the time being) have caused me & my family a lot of stress today. I want to share our experience with you ...

 

Brief history ... In the 10 years that I have owned a home I have never had an issue with paying Council Tax. We pay it at the end of each calendar month without fail and have never missed a payment.

 

However 4 months ago I was 2 1/2 weeks late! ... but it was payed. We pay by using a 'Council Tax Payment Book' So I received a call from the council and because of the 'late' payment they wanted us to pay by Direct Debit. They said they would send us a form, they didn't send it. So we continued, as we have done for the past 10 years to pay at the end of each month. - We are NOT in arrears and never have been.

 

Then today whilst we were out we had a visit from a bailiff. A letter was posted through our letterbox, 1 page with 'Notice of Distress' and another page with 'Take Formal Notice' ... It is effectively demanding total council tax outstanding + charges. We are not in arrears!, never have been and are totally up to date as I write this.

 

Is this harrassement, can I ask for some advice out there please. This is extremely annoying and stressful.

 

Thank you.

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FairPlay77

FairPlay77

Posted
Posted
Council Tax - Notice of Distress threat! ... PLEASE ADVISE Council Tax - Notice of Distress threat! ... An unbelievable council (who shall remain nameless for the time being) have caused me & my family a lot of stress today. I want to share our experience with you ...

 

Brief history ... In the 10 years that I have owned a home I have never had an issue with paying Council Tax. We pay it at the end of each calendar month without fail and have never missed a payment.

 

However 4 months ago I was 2 1/2 weeks late! ... but it was payed. We pay by using a 'Council Tax Payment Book' So I received a call from the council and because of the 'late' payment they wanted us to pay by Direct Debit. They said they would send us a form, they didn't send it. So we continued, as we have done for the past 10 years to pay at the end of each month. - We are NOT in arrears and never have been.

 

Then today whilst we were out we had a visit from a bailiff. A letter was posted through our letterbox, 1 page with 'Notice of Distress' and another page with 'Take Formal Notice' ... It is effectively demanding total council tax outstanding + charges. We are not in arrears!, never have been and are totally up to date as I write this.

 

Is this harrassement, can I ask for some advice out there please. This is extremely annoying and stressful.

 

Thank you.

 

Try this:

 

"Dear....

 

We wish to protest in the strongest possible terms against your unacceptable attempt to use bailiffs to extract from us a non-existent debt.

 

The facts are as follows:...... (add facts as outlined above)

 

We are not in arrears and will not deal with your bailiffs.

 

We can not allow this unlawful harassment to continue and hereby warn you that, unless you immediately recall your bailiffs and inform us in writing that you have done so, we shall have no option but to report you for maladministration to the Local Government Ombudsman.

 

We are sending this letter by ...(registered or recorded post)... and expect an early and postitive response to our complaint and an apology for the distress that your maladministration has caused to our family."

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papadak

papadak

Posted
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Posted
Try this:

 

"Dear....

 

We wish to protest in the strongest possible terms against your unacceptable attempt to use bailiffs to extract from us a non-existent debt.

 

The facts are as follows:...... (add facts as outlined above)

 

We are not in arrears and will not deal with your bailiffs.

 

We can not allow this unlawful harassment to continue and hereby warn you that, unless you immediately recall your bailiffs and inform us in writing that you have done so, we shall have no option but to report you for maladministration to the Local Government Ombudsman.

 

We are sending this letter by ...(registered or recorded post)... and expect an early and postitive response to our complaint and an apology for the distress that your maladministration has caused to our family."

 

Hi, Thank you for the advice, i'll draft a letter and post it by RD 1st thing in the morning.

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letsmakeamark

letsmakeamark

Posted
Posted
No, this Magistrates Liability Order via the Bailiff is the first I knew about this.

 

This probably means the council have gone to court and obtained a liability order. however this still leaves you in the lurch. I would write a letter to the director of your council and complain strongly. Do not post or email just hand it over personallyat reception. Sit back and enjoy the action.

So whats cooking today ?

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papadak

papadak

Posted
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Posted
This probably means the council have gone to court and obtained a liability order. however this still leaves you in the lurch. I would write a letter to the director of your council and complain strongly. Do not post or email just hand it over personallyat reception. Sit back and enjoy the action.

 

Why does it leave us in the lurch? Should we be concerned. We are not and NEVER have been in arrears. Surely when they see the payment history they will see this. Yes I will of course write a letter. Is there a template format to follow along with my own wording of course

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tomtubby

tomtubby

Posted
Posted

For the debt to be with a bailiff the council would have now taken the case to court and a Liability Order granted.

 

You are in the "lurch" because a LO means that the ENTIRE years council tax is now due and you have now lost your right to pay by direct debits or installments and must pay the bailiff the full amount and his charges.

 

It is for this reason that you MUST visit the council and complain in the strongest terms possible and inform them that unless this LO order is cancelled and the debt taken back to the council that you will be considering a formal complaint to the Local Government Ombudsman.

 

Finally, depending on which council you are with, there would have been costs applied to your account by the council. The amount is between £65 and £125. You MUST ask for this to be refunded back as well.

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papadak

papadak

Posted
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Update .... Hi Guys,

 

An update on our situation.

 

I called the council first thing this morning to strongly protest at the way we have been treated. As you know having a bailiff letter hand delivered through our letterbox was extremely upsetting and stressful. So with my heart beating strongly I called them up....

 

I dealt with what i call a 'first level' caller recipient. They called us a defaulters and we can now only deal the bailiffs. I was taken aback by these words and then asked to speak with someone at manager. After waiting for 15 mins on the phone I then got to speak with someone with more than half a brain cell!. I then proceeded to calmly (but through gritted teeth) discuss the situation again.

 

This whole thing stemmed from the 2 1/2 lateness of CT payment 4 months ago, can you believe that. So they had us down as defaulters and issued a liability order (which we never got a copy of). At which point I then asked to speak to the head of Department. I was invited to their offices and I went immediately.

 

They then realised what they had done by issuing a court order on a non-existent debt. My accounts are and always have been 100% on time. The bailiff order was recalled, all charges reversed and I'm told a letter of apology will be forthcoming.

 

Thank you all so much for your words, advice & support - it helped a lot!

 

Kindest Regards

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papadak

papadak

Posted
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Nice one!! It just goes to show that even the *authorities* can be wrong:rolleyes:

 

Yes, thanks for that! ... these forums are just superb, gave me a real boost after screwing up our weekend. Should not have let it, but afraid to say the bailiff letter did.:!:

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palomino

palomino

Posted
Posted

Have they given you an explanation of how all this occurred? I suspect that they are too shame-faced to do so as it will imply that they were incompetent or lazy.

 

In situations like this they can sometime dig their heels in because to admit they were wrong is a loss of face/credibility and also might leave them open for some sort of claim.

 

Perhaps you could write to your local newspaper 'warning' others of council incompetence. I suspect that it won't be published because the paper will contact the council who will put the frighteners on them. Worth a try though.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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pompeyfaith

pompeyfaith

Posted
Posted

Or better still make an appointment with you local MP, They all do workshop sessions and make it known to him how you have been treated.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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papadak

papadak

Posted
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Or better still make an appointment with you local MP, They all do workshop sessions and make it known to him how you have been treated.

 

Regards

 

Leon

 

Hi,

 

Thank for your words ... I have in fact set up a meeting with a local councillor. Let's see what happens there

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papadak

papadak

Posted
  • Author
Posted
Have they given you an explanation of how all this occurred? I suspect that they are too shame-faced to do so as it will imply that they were incompetent or lazy.

 

In situations like this they can sometime dig their heels in because to admit they were wrong is a loss of face/credibility and also might leave them open for some sort of claim.

 

Perhaps you could write to your local newspaper 'warning' others of council incompetence. I suspect that it won't be published because the paper will contact the council who will put the frighteners on them. Worth a try though.

 

Hi, thank you too for your posting. Interesting comments - I might well do that. It was not a nice experience and it is still hasn't quite left my system just yet ... I give your words some thought - Thanks again!

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pompeyfaith

pompeyfaith

Posted
Posted

Pleasure to help and glad you got it sorted in the end.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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