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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
    • I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture. I suspect if anything a replacement will be offered although I would prefer a refund. Few photos of the wear in the material, this is how it was delivered.  
    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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I can't beleive this is happening!!!! EQUITA!!!


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I spent a whole month trying to sort out payment with a baliff equitta, sent letters and hurrah they were accepting a payment on apr 1st.

 

rang up........ passed to another baliff

 

GUTTED

 

Got a letter hand delivered today. Rang equita they wouldnt speak to me, snotty as usual. They transfered me staright to the baliff without me realising!!!

 

Apparantly we have until 8th MAY to find £600 what we owe plus £173??? (god knows where that came from)

 

He said the council have taken it back to court as we defaulted payment (we tried to pay no-one would speak to us as was with baliff)

 

Can anyone advise what I do?? I have 2 small children they have seen me in a right state all morning, I dont want them to see all this!!

 

They are acting like I never tried to sort it all, and demanding payment :confused::confused::confused:

 

Please can anyone help me on what to do???

 

ps.... not classed as vunerable, my partner works

Edited by Mumof21985
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have they ever been in your house and done a levy on your goods if they have not done this then they have no access rights

if the come to the door do not open it if you want to speak to them do it from an upstairs window if you have a car that is not on hp move it away from your home close your curtains so they cannot see what is in your home

someone with more knowledge than me will be along to help you soon

if there is no levy all they can charge you is for 2 visits they cannot charge you for letters £24.50 first visit £18 second visit

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If its for council tax and you can find the money then pay the council direct online and the bailiff action will end.

 

As far as I know if they have not gained access then no they cannot force there way in.

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did you get a letter from council saying that the the bailiff had returned the debt

did you get a letter from the council saying they have /are talking you back to court

remember a bailiff will say anything to get money out of you that why everything must be done in writing

you say you spent a month trying to sort it out with the bailiff

when was it passed to the bailiff

do you have it in writing that your payments start on 1st April

like most people on here i also would not deal with a bailiff and pay the council direct

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Sadly not in writing, equita said that they have noted the system, no letter about court again though. I wrote a letter beginning of march stating everything that had happened previously with the baliff, I kept a diary of every time I spoke to someone and wrote down everything I did and tried to do. Equita then had the case passed back to them from the baliff so I believe as we were getting letters we got before it was ever passed to a baliff.

 

Thats when the agreement of 1st April came about as I said thats when I would pay in the letter.

 

In the mean time it has been passed to another baliff, who is now demanding FULL payment in a months time

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hang on they said the council had taken in back to court because you defaulted?? bulls**t alert - the council would have no need to take this back to court as they woul dhave already had a liability order!

 

Have you contacted your council - I went nuts at my council about thier bailiffs treatening behaviour to a vulnerable person (i am a single parent with a disabled child) and the DCA told me they could care less about vulnerable status and that if I was a better mother I would pay my bills on time and not put myself or child in this situation - now you would normally think I would fly off the handle about this but thankfully I recorded that conversation and went and stood in the council offices and refused to leave until the head of revenues came down and listened to the tape - suffice to say the account was transferred back to the council pretty shapish and I am now paying the arrears at £15 a week.

 

Some councils are better than others and will take back without much of a fight - do you live in a labour constituency? If so most labour MP's are supporting a crackdown on DCA's and so a nice letter to your MP may put pressure on your council to take it back.

 

I will try and find you the best letter to send to the DCA and the council

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Send this one to the bailiffs with you filling in your details

 

re: YOUR ADDRESS

 

YOUR COUNCIL appears to have instructed you to recover unpaid council tax from me.

 

This letter gives you notice that you are not being given peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Due to my circumstances I am unable to pay the debt as you demanded because it is unrealistic. I have sent an affordable payment direct to the council along with a written schedule of repayments.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, the law says I have to settle the debt; it does not obligate me to do business with you. If you suggest to me otherwise I will automatically report you to the police and you may receive a criminal record.

 

I AM NOT REFUSING TO PAY THIS DEBT.

 

Meanwhile please provide me with a written breakdown of your fees you have demanded. If your fees are found to contradict Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 I will automatically file a Form 4 complaint against you at your certificating court for attempting to defraud me under Sections 2 and 4 of the Fraud Act 2006.

 

This document was sent to you recorded delivery to the above address and a copy was sent to HEAD OF council tax Recovery Dept.

 

Please also supply me with a breakdown of the fee's you have charged me

 

I would also like you to note that I am a single parent of a young child and therefore qualify as vulnerable party status under the OFT guidelines. If you further disregard this by breaching these guidlelines I will vigourously pursue a complaint with the Office Of Fair Trading.

 

Yours Faithfully

 

 

 

 

AND THIS ONE obviously fill in your details to the council and enclose a payment plan that you can afford for the ct you owe

 

Re: your details

On DATE I was visited by your bailiff collecting unpaid council tax who overcharged me with his fees. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature. I also received a letter stating I should pay WHAT THEY ASKED YOU per month to clear the debt which is unrealistic with my present financial state.

 

I now ask the council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £10.00 extra of what I pay already a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in=2 0fourteen days from the date of this letter.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £10.00 each week for 249 weekly installments with a final installment of £9.80 This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of Recorded post in the meaning of Section 7 of the Interpretation Act 1978, Please pass this to the relevent person within your organisation.

 

The bailiff concerned is also aware of my vulnerable party status and has continued to breach these guidelines whilst they are acting as your agent.

 

Yours Faithfully

 

Just do your repayment plan send to council and Don't miss payment.

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i take you have been in touch with the council and the refused to take it back

however there is nothing stopping you paying it direct to the council on line

have you checked that the liability order of £600 that was passed to the bailiffs is correct have you check with the council that you have been taken back to court (in my opinion they have not and it is the bailiff trying to frighten you ) the bailiffs chargers are defiantly wrong have they ever put anything hand delivered through your door or have they done it all over the phone or by post

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I really appreciate all your help thanks everyone

 

i take you have been in touch with the council and the refused to take it back YES

however there is nothing stopping you paying it direct to the council on line I SUGGESTED THAT IN MY LAST LETTER EQUITA SAID IT HAS TO BE TO THEM

have you checked that the liability order of £600 that was passed to the bailiffs is correct YES CORRECT have you check with the council that you have been taken back to court (in my opinion they have not and it is the bailiff trying to frighten you ) NO NOT AS YETthe bailiffs chargers are defiantly wrong have they ever put anything hand delivered through your door or have they done it all over the phone or by post LETTER VIA HAND THIS MORNING, NO KNOCK ON THE DOOR

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  • 3 weeks later...

UPDATE:

 

Letter sent to council, they recived it, I called, chased, called,chased told them about the baliffs sitting outside.

 

Reply: this was via an answer phone message. 'sorry cant do a lot its with the baliffs'

 

I called back and she wasnt available, I told the guy to make a note that I wasnt refusing to pay this debt, which he did etc....

 

He said there is nothing that can be done until baliffs pass it back. I offered payments,asked them to take it back, said I would report them, they did not care.

 

Its now been 3 weeks and STILL with baliffs, no more visits but its been passed now onto baliff number 3.

 

I am so annoyed that I have to watch my back coming into the house and looking for cars when I go out.

 

When will this get passed back to the council? Sick of feeling like a prisoner in my own home :mad: (my front door is straight into the living room, and you can blatenlty hear if tv etc is on) scared they will bank my door down.

 

What is the next step?

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UPDATE:

 

Letter sent to council, they recived it, I called, chased, called,chased told them about the baliffs sitting outside.

 

Reply: this was via an answer phone message. 'sorry cant do a lot its with the baliffs'

 

I called back and she wasnt available, I told the guy to make a note that I wasnt refusing to pay this debt, which he did etc....

 

He said there is nothing that can be done until baliffs pass it back. I offered payments,asked them to take it back, said I would report them, they did not care.

 

Its now been 3 weeks and STILL with baliffs, no more visits but its been passed now onto baliff number 3.

 

I am so annoyed that I have to watch my back coming into the house and looking for cars when I go out.

 

When will this get passed back to the council? Sick of feeling like a prisoner in my own home :mad: (my front door is straight into the living room, and you can blatenlty hear if tv etc is on) scared they will bank my door down.

 

What is the next step?

 

The council do not have to wait for the bailiff to give it back they can TAKE it back of the bailiffs.

 

Your council ar just playing funny buggers - I wouldn't deal with any "monkey" go straight to the organ grinder ask to speak with head of revenues/coucil tax and don't ask DEMAND they take the file back from the bailiffs - they have every right and ability to do this - I know this because my council took mine back and wiped off all the bailiff fees (after they were played a recording of a nasty phone call with a MANAGER of the DCA!)

 

Have you started paying the council??

 

You need to start doing that ASAP and then whilst you are paying the council the DCA can really do sod all.

 

They will not bang your door down!! and who cares if he knows you're in?? you are perfectly within your right not to answer the door to ANYONE even if it's your neighbour asking to borrow some sugar (like when does that happen anyway??)

 

Start paying the council and let Equita swivel!!

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I would stop worring about the Bailffs and pay the council direct whethere they like it not.

Its not against the law NOT to pay the bailiffs But if you Don't pay the council then that is an offence.

 

So ask the council what your liabilty order total is or was and pay them direct and try not to miss any payments.

 

Good Luck

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im afraid some of the contents of your letter are not sound- also you cannot prevent the bailiff entering (peacefully) simply by writing and telling them that they are not welcome

 

the danger in summer or warmer weather is that you will be un guarded.

 

much better to write to the council again and INCLUDE your first payment and then KEEP the payments up whilst making sure the bailiff does not ente ( a chain on the door is a good idea so that there is no chance of entry )

 

basically the council can take the account back anytime they like HOWEVER the reason they are reluctant is because by teh time these things get to the bailiff people have usually reneged on umpteen chances to keep to an arrangment (sorry if that hurts but unless you understand the process and reasoning you cant deal with it properly)

 

showing the council that this time you mean business may well persuade them to take the debt back and manage it

 

it is always advisable at this stage to do so via CAB as this often gives credibiltiy to your offer

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