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    • When it comes to animals my heart is just shallow. Sorry to hear that.
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Thanks scatz ;)

 

If I can get all this into place then I will be paying £18.20 PM instead of the £100 even if the £4.55 has gone upto £10 PW then £40 is still better than £100

 

We are also now trying to contact our MP again, funnily enough we Just had his leaflet through for the elections :D

 

 

Dont worry if it has gone up it will be a few pence not pounds.

 

Keep on at your MP, all of this is bang out of order!

 

Also when you send a copy of the above letter (income support letter) to the council, enclose another letter stating that you have been made aware that the council can apply to have your council arrears taken direct from you benefit, and again quote the regulation at them "Council Tax (Deductions from Income Support) Regulations 1993", and that you would like for them to apply to do this.

 

Remember everything must be send recorded delivery, and keep copies of everything.

 

Hopefully all of this will be a distant bad memory in a few days, but dont let it lie, make a formal complaint to the council about their actions and when you get their fob off reply make a formal complaint to the local government ombudsman, they wont be as quick to fob you off.:D

Edited by scatz1972
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Dont worry if it has gone up it will be a few pence not pounds.

 

Keep on at your MP, all of this is bang out of order!

 

Also when you send a copy of the above letter (income support letter) to the council, enclose another letter stating that you have been made aware that the council can apply to have your council arrears taken direct from you benefit, and again quote the regulation at them "Council Tax (Deductions from Income Support) Regulations 1993", and that you would like for them to apply to do this.

 

Remember everything must be send recorded delivery, and keep copies of everything.

 

Hopefully all of this will be a distant bad memory in a few days, but dont let it lie, make a formal complaint to the council about their actions and when you get their fob off reply make a formal complaint to the local government ombudsman, they wont be as quick to fob you off.:D

 

Your a real gent Scatz :wink:

And I will be taking your advice and acting on it today, thanks you very much indeed, It gives me a little boost that a small fry like myself will be taking on the big boys and nothing gives me more pleasure.

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Im a she, but thankyou for the compliment :D it means alot.

 

All the knowledge I have gained is because of this site, its members and previous dealing with bailiffs.

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once it goes back to the council are all the bailiffs fees removed in this Case because it should never have went to bailiffs in first place because jeffo o1 has a disabled wife

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Im a she, but thankyou for the compliment :D it means alot.

 

All the knowledge I have gained is because of this site, its members and previous dealing with bailiffs.

 

Please accept my apologies then Scatz then your a real Angel ;) and thank God for the WWW

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once it goes back to the council are all the bailiffs fees removed in this Case because it should never have went to bailiffs in first place because jeffo o1 has a disabled wife

 

Good question hallowitch

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Good question hallowitch

 

I dont know for sure...but I would imagine they would be scrubbed after all the bailiff was aware that your wife was vunerable according to the National standards for Enforcement and as such he/she should of returned your case to the council, but he/she but chose to ignore it.

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a question that needs an answer because the bailiff takes there charges first so any money you have paid to the bailiff could end up being kept to pay there charges

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I dont know for sure...but I would imagine they would be scrubbed after all the bailiff was aware that your wife was vunerable according to the National standards for Enforcement and as such he/she should of returned your case to the council, but he/she but chose to ignore it.

 

Could I not push my luck in the letter you posted and ask them to refund all charges or is it best I just shut up??

 

I'm just popping up to our local shop to get a couple of photo copies of our Income support proof.

I can't get them posted tonight but I will be posting them tomorrow and they will have to sign for it but I have Just noticed on their address that it is a P.O.Box Number does this mean I can't get it signed for???

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don't push your luck just now :) as soon as its sent back to the council and you find out how much you still owe and how much you have already paid then we can hit them about the charges the main thing for now is to get the bailiffs of you back

look on the bailiffs web site send them an e-mail an exact copy of the letter and put at bottom of e-mail that you have sent them the exact same in a recorded delivery letter don't know how they sign when its a p.o. box sorry

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Could I not push my luck in the letter you posted and ask them to refund all charges or is it best I just shut up??

 

I'm just popping up to our local shop to get a couple of photo copies of our Income support proof.

I can't get them posted tonight but I will be posting them tomorrow and they will have to sign for it but I have Just noticed on their address that it is a P.O.Box Number does this mean I can't get it signed for???

 

It would be better to wait for it to get returned to the council.

 

As for the PO Box address they dont get signed for, if you google the bailiff company you will find their website and their registered address.

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Point taken and I won't push my luck until I can get it transferd back to the council, I now have my copies of my income support letter.

 

I have Just checked the small print on one of their letters and found their registered address so I'll send it to that one where they will have to sign for it.

 

One again I thank you all for you very kind help through out the day.

Just got to get my wife ready for her shower so I'll bid you all goodnight and thank you once again.

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I'm Just trying to draft a letter to hand to our local council who we owe the money to, if there is anyone out there with the know how can you please have a scan through it and tell me if its ok or Just plain rubbish??

I want to put this letter in with the copies of the baliff's letters that I'm asking to be put in with our files.

 

 

Please find enclosed copies of letter that I have sent off to Ross & Roberts the Bailiff’s acting on your behalf, to recover outstanding council tax arrears.

 

Although we have informed you in the past that my wife is registered disabled I am now putting it in writing that my wife suffers from primary progressive Multiple Sclerosis and spends a lot of her time in a wheelchair, I now believe that we fall into the category of vulnerable situations and are therefore requesting that you except this debt back and look into the matter of making direct deductions from our income support benefit as the £100 per month Ross & Roberts are demanding is causing us real hardship and their fee’s are extortionate, we paid one of our payments on the 12th the day it was requested but Ross & Roberts still added £130 extra for what they call a default because they didn’t receive it for another 2 days because they had Just had a new system fitted we can only pay it when our benefit is received so I do think this extra £130 is unjust and unfair in extorting money from the vulnerable and the poor.

 

I will be seeking help and advice from our local MP in this matter because as things stand the debt will never be cleared and it will just become larger and larger and even more stress caused to my wife.

Is it any good do I need to add or delete anything from it? Thank you everyone

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please find enclosed copies of letters i have sent to Ross & Roberts who are acting as your agents for the collection of unpaid council tax

 

i have today taken advice from various organisations and am now asking you to take this debt back from the bailiffs

 

i firmly believe that our circumstances fall within the category contained within the national standards for enforcement agents for vulnerable persons

my wife is registered disabled the condition that she has is primary progressive multiple sclerosis

 

i would like to point out that xx xx council have in the past been made aware of the fact my wife is registered disabled

 

the bailiff acting as your agent has twice been in my home when my wife was alone and on both occasions she had to sign a walking possession order this and various other fees added by your bailiff amounted to £249 (some of which i believe to be unlawful and will be asking your bailiff for a screen shot of my account to be scrutinised )

we have been making payments of £75 per month to the bailiffs

however our payment on xxxxxxx was late arriving due to the fact the bailiffs had changed there system

because of this late payment we had another visit from your bailiff on xxxx date when i had to hand over £130 there and then and £130 default payment was added to our account with an increase in payments to £100 per month

 

included in our benefits we receive income support and i want my payments taken from that as we found it a great strain on our finance's and had to do without the basics including heating (a thing my wife really cannot do without because of her illness )to pay the £75 and we simply do not have £100 per month to pay the bailiff

i will also be sending copy's of all correspondence between all parties involved to my M.P. as i believe the bailiffs have been acting unlawfully and would like to make him aware of this

Edited by hallowitch
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when i handed in my daughters letter i wrote on the envelope

to the chief of finance and performance officer xxxxx xxxx

bailiff complaint

and i made them give me receipt with the exact wording that was on the envelope got her to put the time and the date on it so there could no mistake about who the letter was for and what it was about

try and find out who it should be addressed to and if you do that they cant say they didn't get it

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Please find enclosed copies of letters I have sent to Ross & Roberts who are acting as your agents for the collection of unpaid council tax.

 

I have today taken advice from various organisations and am now asking you to take this debt back from the bailiffs.

 

I firmly believe that our circumstances fall within the category contained within the national standards for enforcement agents for vulnerable persons. My wife is registered disabled, the condition that she has is primary progressive multiple sclerosis.

 

I would like to point out that xx xx council have in the past been made aware of the fact my wife is registered disabled.

 

The bailiff acting as your agent has twice been in my home when my wife was alone and on both occasions she had to sign a walking possession order this and various other fees added by your bailiff amounted to £249 (some of which I believe to be unlawful and will be asking your bailiff for a screen shot of my account to be scrutinised ).

 

We have been making payments of £75 per month to the bailiffs however our payment on xxxxxxx was late arriving due to the fact the bailiffs had changed their system. Because of this late payment we had another visit from your bailiff on xxxx date when I had to hand over £130 there and then and £130 default payment was added to our account with an increase in payments to £100 per month.

 

Included in our benefits we receive income support and I want my payments taken from that as we found it a great strain on our finances and had to do without the basics including heating (a thing my wife really cannot do without because of her illness ) to pay the £75 and we simply do not have £100 per month to pay the bailiff

 

I will also be sending copies of all correspondence between all parties involved to my M.P. as I believe the bailiffs may have been acting unlawfully and would like to make him aware of how council appointed bailiffs and the council themselves treat the most vulnerable of his constituents.

 

 

No offence, Hallowitch, but I have tweaked the spelling and capitalisation and clarified the last bit. Hope you don't mind. ;-)

 

 

 

.

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If all this fails, perhaps you should consider approaching your local paper or news show, I am sure they would be interested to find their local council employing and allowing bully bailiffs to intimidate and force a wheelchair bound lady with MS into a walking possession agreement and how you were forced to survive with no food and electric!

 

Its disgusting and outlines whats wrong with employing private bailiff companies.

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I think a principle to bear in mind here is that Who Screws Up Pays.

 

The council should have known your wife was disabled, the bailiffs screwed up the payments all by themselves. I was talking to a QC many years ago about stuff like this - things that might or might not be specifically legislated for but that appear to be contrary to certain overriding legal principles.

 

He said that in effect you could just go to a judge, bring an 'action in tort' without even specifying what you think the specific things someone did wrong are. Tell the judge what happened and leave it up to their discretion as to what laws to apply.

 

Thats your bottom line, thats your final defence.

 

Working backwards from that, I'd say rather than battling every last little thing point by point in a courtroom - assuming you have already made a formal complaint to the council and its still not sorted out - it is time to call in the Ombudsman.

 

None of this should have happened. Its a national disgrace. By all means send your letters to the council, but soon as you've done it, assuming you have proof of the bailifs system changes screwing up the payment schedule in writing off them, and proof in writing the council already knew your wife was disabled - write out the whole sorry tale and send it to the Ombudsman.

 

You'll actually have all these people over a barrel. Then you can sit back and laugh at the sound of foot landing on ass all the way from the Town Hall. You may then wish to have a nice gloat in the press, and frame the story over your mantlepiece, for a trophy..

Edited by felicity2009
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Thank you so much everyone involved in giving me advice and help in this matter, I'm sorry for my delay but had a busy day today with 2 separate hospital appointments with the wife.

 

Anyway as things stand at the moment I copied the letter to the council this morning and printed it and a few copies out, I have now handed all these letters into the council today and obtained a receipt off them as proof of me handing it in, I went to the post office and posted all the letters needed to Ross & Roberts recorded delivery with a first class stamp, So I suppose now its a waiting game to see if any of them give in or come out guns blazing we'll Just have to wait and see but I will let you all know and keep you up to date as and when I receive any info from any of them.

 

Once again everyone I thank you from the bottom of my heart for all the kind help that you have given me, it just goes to show that there are real people out there who care.

 

Thanks to every single one of you.;)

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  • 3 weeks later...

I would just like to bring up to date those members who helped my wife and I with some very helpful info and drafted letters

That I hand delivered to our local council and registered post to the bailiff's, well since April 24th when I posted and delivered these letters I have heard

Absolutely nothing from either one of them (council or bailiff's)

Do we have to keep sitting around waiting for something to happen or are there any other steps that we can take to help get this

Matter cleared up instead of a couple of old toggers sitting around waiting for the worst to happen its becoming very stressful

Not only for my disabled wife but even myself now, are these people making us sit around and stew or are they playing games with us

Its the not knowing what's going to happen next is the worrying part about it.

I have been trying to post this since yesterday but for some reason the forum won't let me post.

 

Well an even further update was today we had a call from our local MP's office and they asked my wife if we had heard anything from our local council

Or the bailiff's and my wife answered no we haven't so now the MP has plenty of ammo to throw at the council and will now be writing to them, 10 minutes later the phone rings again and it was the CAB

And they reminded us that last year we had made an agreement with the bailiff's that £40 each month would be paid to them and they had no rights in breaking this agreement

So Now the CAB is also on the case and they are not very happy so we are now waiting to see what happens and I will again keep you posted on the out come.

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i had hoped that you were going to give us some good news

but hopefully now your M.P. and CAB been on the phone things will move a bit faster if you don't here from the council this week phone your M.P. on Monday in fact phone him every second day till he does something

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  • 3 months later...
  • 1 year later...

Well I know this is a very old post but I did try to get back in and try to reply, to give you the update but for some reason I just could not log back in to post, then I changed my PC and everything was gone, I think it may have been something on my pc stopping me, because I Just recently got back in using my new pc.

 

Anyhow, thanks to all the help I recieved from here, the council took the debt back the baliffs were never seen again and the debt dropped completely, so what ever was in the forms I printed from this forum, must have put the willies up someone at the council. So a very huge thank you to everyone that helped.

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