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


  • Tweets

  • Posts

    • Moomoo11
      Overdales / Lowell - Capital One? Claim Form Recieved

      By Moomoo11 · Posted

      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
    • London1971
      Overdales / Lowell - Capital One? Claim Form Recieved

      By London1971 · Posted

      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.  
    • FTMDave
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By FTMDave · Posted

      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.
    • Moomoo11
      Overdales / Lowell - Capital One? Claim Form Recieved

      By Moomoo11 · Posted

      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
    • Nicky Boy
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By Nicky Boy · Posted

      Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bristow & Suitor and Council Tax

trufflesbum
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5499 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

trufflesbum

trufflesbum

Posted
Posted

Hi all,

 

I need a bit of advice about a council tax debt with the above bailiffs.

 

My husband and I recently moved out of a rented property after financial difficulty and left a council tax debt of £450. We had no intention of ignoring the debt and wrote to B&S as soon as we moved giving them our new address, and offering a repayment plan. We followed the template letter in this forum.

 

My husband received a telephone call from B&S stating that the are unable to communicate via telephone, and we had to wait for a bailiff to call to make any payment arrangement (presumably to add fees!). Note though, that they confirmed they received the letter, which clearly stated the new address.

 

It appears that since then B&S have obtained my husbands parents address (presumably from the rental agency) as a contact address for us. they sent a bailiff to visit them. My parents-in-law share our surname, and as such initially though they had a debt. They are an elderly couple and are incredibly upset about this all.

 

We rang B&S asking them to check their contact details to make sure this didn't happen again. They confirmed that they have our current address on file, but didn't understand why the bailiff had been to his parents.

 

They went on to say that we had to contact the bailiff by mobile to find out why he went to the wrong address. The bailiff's mobile is going to voicemail and we await a call back.

 

My questions are firstly what I can do to stop the bailiff visiting our parents again. This would cause an unbelievable amount of stress, and is beginning to cause a rift between my husband and his parents and we are desperate to stop this happening again.

 

Secondly, they have charged him £24ish for the visit. Can they charge for a visit when they were clearly well aware that this was the wrong address? Is there any way we can get the fee removed?

 

Any help gratefully received as always.

 

Kind regards,

 

Wendy

Link to post
Share on other sites
Guest Happy Contrails

Guest Happy Contrails

Posted
Posted

If your parents are concerned about being visited by bailiffs or its causing them undue stress and anxiety then they should seek advice about applying for a restraining order under the Protection from Harassment Act 1997. It must be served on the firm of bailiffs or a director, not an individual bailiff unless he is also a named director.

 

If a bailiff has charged a visit fee for visiting an address that is different from the debtors address then there is no legal obligation to pay it. Its an offence to charge for visits deliberate made to impertinent addresses or charging for visits not made at all.

Link to post
Share on other sites
chris600uk

chris600uk

Posted
Posted
My husband and I recently moved out of a rented property after financial difficulty and left a council tax debt of £450. We had no intention of ignoring the debt and wrote to B&S as soon as we moved giving them our new address, and offering a repayment plan. We followed the template letter in this forum.

 

That sounds like you have already been paying B&S, have you ever let them into your home?

 

 

My husband received a telephone call from B&S stating that the are unable to communicate via telephone, and we had to wait for a bailiff to call to make any payment arrangement (presumably to add fees!). Note though, that they confirmed they received the letter, which clearly stated the new address.

 

That's all a load of BS, you should only communicate in writing - you should never ever speak to a bailiff unless you are gathering information for a complaint.

 

 

It appears that since then B&S have obtained my husbands parents address (presumably from the rental agency) as a contact address for us. they sent a bailiff to visit them. My parents-in-law share our surname, and as such initially though they had a debt. They are an elderly couple and are incredibly upset about this all.

 

We rang B&S asking them to check their contact details to make sure this didn't happen again. They confirmed that they have our current address on file, but didn't understand why the bailiff had been to his parents.

 

LOL, they would say that wouldn't they! Honestly, what did you expect them to say...

 

You should have made that contact in writing, you have no proof of what has been said.

 

They went on to say that we had to contact the bailiff by mobile to find out why he went to the wrong address. The bailiff's mobile is going to voicemail and we await a call back.

 

Please don't... you'll only cause yourselves more stress. The bailiff isn't interested in you or your parents, they are irrelevant to him, all he cares about is putting pressure on you by any means possible.

 

My questions are firstly what I can do to stop the bailiff visiting our parents again.

 

Informing the council IN WRITING of your new address would have been a good start, doing the same to the bailiffs is the second.

Then have your parents (write it for them if necessary) write to each complaining that this isn't their debt they have been needlessly harrassed and if it happens again they may very well do exactly as Happy Contrails suggested.

 

Secondly, they have charged him £24ish for the visit. Can they charge for a visit when they were clearly well aware that this was the wrong address? Is there any way we can get the fee removed?

 

Well that depends...

 

If they were informed IN WRITING before they visited, yes you should have that removed, if not, no. The council are entitled to assume you still live there unless you tell them otherwise.

Link to post
Share on other sites
trufflesbum

trufflesbum

Posted
  • Author
Posted

Hi,

 

Thank you both for your advice.

 

We haven't paid B&S anything yet. The debt was passed to them just before we moved, so as soon as we did move, we wrote to them to give them the new address and did forward a copy of this letter to the council.

 

We also offered a repayment plan in this letter.

 

B&S confirmed receipt of this letter by telephoning my husband, but they didn't reply in writing. The rang to say they'd got the letter, but wouldn't accept a payment plan by letter, but that we had to be visited by a bailiff.

 

B&S have never been in our home, and have only visited the once (to the wrong address) which was two weeks after the letter was sent with the correct address. I suppose this means we can ask for the fee to be removed?

 

On an aside, I read in another post here that if the debtor is on JSA we can ask for the debt to be sent back to the council and for deductions to be made straight from his benefits. My husband is on JSA but I work full time. Would we be able to do this?

 

Thanks again for any help

 

Wendy

Link to post
Share on other sites
chris600uk

chris600uk

Posted
Posted
We haven't paid B&S anything yet. The debt was passed to them just before we moved, so as soon as we did move, we wrote to them to give them the new address and did forward a copy of this letter to the council.

 

In that case they had no right to visit your old address or your parents address.

You must write to them challenging the fees, copy to your council tax department of course.

 

 

We also offered a repayment plan in this letter.

 

Not much point they wouldn't accept it anyway.

You can pay the council directly online, no one can stop you.

If you are able to pay it online in one go, the bailiffs are cut out of the loop and have no further right to pester you.

Doesn't mean they won't try, just that they have no right to.

 

 

B&S confirmed receipt of this letter by telephoning my husband, but they didn't reply in writing. The rang to say they'd got the letter, but wouldn't accept a payment plan by letter, but that we had to be visited by a bailiff

 

That's my point exactly, you can't prove what was or wasn't said unless it is in writing.

 

 

B&S have never been in our home, and have only visited the once (to the wrong address) which was two weeks after the letter was sent with the correct address. I suppose this means we can ask for the fee to be removed?

 

ASK? No, you demand that the unlawful fee be removed, and consider the account to be in dispute until it is removed, meanwhile make payments to the council online.

 

 

On an aside, I read in another post here that if the debtor is on JSA we can ask for the debt to be sent back to the council and for deductions to be made straight from his benefits. My husband is on JSA but I work full time. Would we be able to do this?

 

Only if his name is the only name on the Liability Order, which incidentally you should have a copy of.

Link to post
Share on other sites
cds

cds

Posted
Posted

Not got much to add to this but NEVER EVER let them in for ANY reason (toilet, chat use the phone etc)

 

They WILL do a walking possession, keep your doors and windows locked.

 

I had dealings with BS for my son, in the end I got the council to take the account back because he is on jsa. But the above company are con men. Be careful when corresponding they will try to had ££££'s to your bill

 

cds

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html:)
Link to post
Share on other sites
trufflesbum

trufflesbum

Posted
  • Author
Posted

Thanks for you help again.

 

I was a a full time student during the period of council tax and as such, my name is not on the liability order.

 

We can't afford to pay it off in full, so will now begin making payments online direct to the council.

 

We'll follow the rest of the advice here, and hopefully have it sent back to the council (and the fee removed!).

 

Thanks a million. I'm sure we'll be back if we need more help!

 

Wendy

Link to post
Share on other sites
Guest Happy Contrails

Guest Happy Contrails

Posted
Posted

If you are full time student then you are probably in full time education and exempt from council tax. If you name is not on the liability order then you are not liable to pay it.

Link to post
Share on other sites
trufflesbum

trufflesbum

Posted
  • Author
Posted

Just a bit of an update.

 

I wrote the letters suggested above and sent them recorded delivery to both the council and B&S. The letters to the council were received on the 21st. The letters to B&S are yet to be signed for.

 

I have a feeling B&S are not going to sign for them, and then argue that they never received them and thus don't have to act on the contents.

 

Any suggestions about what to do if they continue to refuse them?

 

I'm hoping the council will get back to us soon and agree to take it back into their hands, but in the meantime I'm not sure what to do!

 

Thanks in anticipation,

 

Wendy

Link to post
Share on other sites
Guest Happy Contrails

Guest Happy Contrails

Posted
Posted
The letters to the council were received on the 21st. The letters to B&S are yet to be signed for.

 

I have a feeling B&S are not going to sign for them, and then argue that they never received them and thus don't have to act on the contents.

 

Any suggestions about what to do if they continue to refuse them?

 

This is why I never advocate the use of Recorded Delivery. Send your letter using oridinary post adding the following paragraph and any subsequent court proceeding will consider your letter safely delivered.

 

This document is delivered by Royal Mail and deemed good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...