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    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
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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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hello, iam new to this site and wondering if anyone can give me some advice,

to cut a long story short last year jan 08 a bailiff from rossendales came to my home and stupidly let him in, i signed a walking possession agreement and now i have fallen behind with my payments.

yesterday they called and said they are removing my goods,i said i was not going to let them in,and they said they will return friday to remove my goods.He said that if i refused to let him in they will return with a locksmith to gain entry.

my questions are,on the original wpa he listed 6 items, but yesterdady he said he will take my car.!

is this allowed.??

it's bad enough me trying to cope with it but to have the children watch someone take away our stuff and car aswell is too much.

I spoke to the original council and they are not interested,i tried speaking to the bailiffs office and they too say there is nothing i can do.

 

thanks

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They can only take goods that were listed on the Walking possesion agreement.

 

What things have they listed? you know that there are certain things that a bailiff is prohibited from removing. These are

 

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

 

"Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".

 

Also have you checked that the bailiff is certified, do you have the name of the bailiff who levied on your goods?....if you do then call the ministry of Justice on 020 3334 3555 and ask for details of the certificate, the list is not always up to date but if they do find their details they willl be able to tell you which court certificated them, so you will be able to contact the court direct to see if their certifcate is up to date.

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hello scatz1972,

 

i have checked to make sure his certificate is valid and it was.

there was only a few items on the original wpa and these were:

a pacific tv

sanyo video recorder

coffee table

wall mirror

microwave

2 piece suite.

 

when he said he will take my car i didn't know what to do.!

If they return tomorrow like he said he would i'm going to leave their things in the garden that way they have no reason to enter the house, i hope.!

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Hi

 

I take it you have a copy of the WPA, keep it safe if you do.

 

Believe it or not the bailiff doesnt want to remove your goods, they are trying to scare you into coughing up the money.

 

For your own piece of mind have a chat to national debtline, its free and they are better trained than CAB.

 

0808 808 4000

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a pacific tv

sanyo video recorder

coffee table

wall mirror

 

He could take these items if he wanted to.

 

 

microwave

2 piece suite.

 

He cannot take these items if you have no other method of cooking, and no other seating apart from dinner seating.

 

 

when he said he will take my car i didn't know what to do.!

 

If he hasn't listed it on the levy, you move it away from the house, and sell it quick to a trusted freind or relative for a fiver.

 

 

they have no reason to enter the house, i hope.!

 

once they've been in legally they do have that right.

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Hi Janette

 

if you are on benefits or are a vulnerable person ( disability, illness, mental health, drugs and alcohol etc) the council have to take the case back and when the bailiff becomes aware of this he should refer it back to the council. See my thread: cas93's son and bristow and sutor

 

and take a look here

 

Debt Basics - Bailiff Guide - know your rights

 

i hope this is of some help

regards

 

cas

Edited by cas93
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Do not trust the bailiff, move ....i mean sell for a pound to a friend and buy it back at a later date ;) anything you want to keep including games consols, dvd players and your car. they will take it. Then you may have to fight to get it back IF it was taken unlawfully.

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  • 2 weeks later...

The bailiff that was due to come to my house didn't turn up on the friday he said he would, so i phoned him and said the things that were on the wpa were in the back garden for him to take.

He says he's too busy that days and to call him back on the monday morning, so i did..... he then tells me that i don't have enough goods to cover the outstanding 1100 debt so he is now going to send it for commital proceedings,so this has now started me to panic again.!

This morning i got an email from rossendales saying this guy will still be coming for the outstanding money.

In the middle of all of this i have gone back to the original council and they are happy for me to make payments direct to them which i have done already.

Really stuck on what to do next, will they turn up again, i really don't know.

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A bailiff cant commit you to prison!

 

You can go to prison if you are unwilling to pay your council tax which clearly you arent unwilling as the council are happy for you to pay them direct, so keep paying the council direct. Its good news that the council are happy for you to pay them directly :-)

 

Perhaps an idea maybe to get back in touch with the council, especially the person you spoke to and ask them to speak to the bailiff company, point out that even the bailiff admited that you dont have enough goods to cover the bill.

 

Personally I cant see the bailiff coming back, my feeling is that they are trying to scare you into paying.

 

Here is the factsheet for bailiffs on the national debtline site:

 

National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

 

They are great to talk to aswell, and its free!

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You can go to prison if you are unwilling to pay your council tax

 

But that's really hard to do, because it's politically embarrassing so they'll do everything to avoid that.

 

There are people who've managed it, but they had to really work at it :)

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DOes anyone have a link to the charges that are allowed? I have Rossendales on my case at the minute, and they have charged me £110 for a van, when I hired one on Friday for £45.00

 

Can they do this? I owed 813.27, and am being asked for £1043.66.

 

Thanks very much

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I have also been told by my council that they are not allowed to accept any monies from me, and I HAVE to pay the bailiff. Is this correct? I was under the impression they cannot refuse monies.

 

If you go and pay in their offices, then they will refuse to take your payment.

Pay the council via their website and print off a receipt. Make sure that the money is allocated to the correct year or it will be taken from this years tax.

Tip us a wink on my scales if you think I may have helped at all;)

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The bailiff that was due to come to my house didn't turn up on the friday he said he would, so i phoned him and said the things that were on the wpa were in the back garden for him to take.

He says he's too busy that days and to call him back on the monday morning, so i did..... he then tells me that i don't have enough goods to cover the outstanding 1100 debt so he is now going to send it for commital proceedings

 

That's just sour grapes from him, because he won't make any money from you. You are not going to jail because you haven't refused to pay.

 

This morning i got an email from rossendales saying this guy will still be coming for the outstanding money.

 

email shmeemail? take no notice

 

In the middle of all of this i have gone back to the original council and they are happy for me to make payments direct to them which i have done already

 

It's starting to sound like the account is being/has been handed back to the council - in which case your troubles should largely be over - hopefully :)

 

 

Really stuck on what to do next, will they turn up again, i really don't know.

 

It doesn't matter at this point, just keep paying the council.

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