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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
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Hi,

 

I regularly read this board and so would like some advice to my dilemma. I have outstanding council tax arrears, which was due to me still receiving a discount for my son who was in an apprenticeship. I honestly forgot to inform them of his completion of this. There was no mention of anything until out of the blue last year, i got a letter from the council asking about when he completed his apprenticeship. The result is i am owe them thousands in back dated tax. I am at my wits end.

 

I got a letter from Scott and Co, 2 weeks ago, threatening wages arrestment. I phoned them up, and they sent out a income and expenses form, which i filled in and sent off.

 

I am barely keeping my head above water at the moment, and the best i could afford to repay them was £20 per month. Thats on top of paying my normal council tax. I got a letter back this morning rejecting this amount. They want £65 per month or else my wages will be arrested by £145 per month. I really can't afford to pay this. I told the girl that i would have to get advice on this, and she said i would have to hurry up as the arrestment was on my file ready to go. Also i would have to pay Aprils instalment up front.

 

I really would appreciate any advice. Thanks

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Hi,

 

on the i and e you sent them back what was your surplus amount? It must have been £65 per month or they wouldn't ask for that figure.

 

what I would do if i was yo make up your own income and exp sheet and send a letter of proposal and include the £20 with a postal order, advise them on the letter when and how you will be making your future payments.

 

Dear Sir/Madam

 

Re Account No/Reference No:− 4563210025897412

 

Thank you for your letter dated xx/xx/xx.

 

As per your letter I cannot afford to make a payment of £65 per month as you will see from the enclosed a full income and expenditure sheet. I filled in the previous sheet incorrectly and in haste due to the worry of receiving your previous correspondance.

 

We enclose a Personal Budget sheet which shows our total income from all sources, and the total outgoings of our household. As you can see we only have £xx to make offer of payment to yourself.

 

Please find enclosed £20 postal order as our first payment. We will make our next payment of £20 on xx/xx/xx by postal order/cheque/online and all futher payments will be made/sent on xxth of each month by xxxxxxx.

 

Should my circumstances improve we will contact you again.

 

Thank you for your assistance.

 

Yours faithfully

Mr A N Other

Have a read of this as well:

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-council-tax-arressment-attachment.html

 

ida x

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Hi mango1212, Councils really are short with notice before putting council tax arrears out to debt collection agencys, £65 per month is a lot when you are paying the on going council tax. I would suggest that you contact your local councillor on this, or / and your MSP, Citizens advice is another avenue to take. Pehaps someone on this site can advise further, keep us informed as to how you get on.

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Scott & Co have been chasing me for over a year, to up my payments, I've been paying what I can afford for about two years, have'nt heard from them for about six months.

 

Good luck with that.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Hi and thanks for your replies. I will send off another i & e form today. I must admit i did get confused when making out the other one. When i spoke to the young girl on the phone yesterday, and i told her that i could'nt afford the £65, she had a look at my form and said " i see you have sky tv". She deemed that a luxury. Its only the basic package.

 

I am worried that they will arrest my wages, as they said it would be £145 they would take off. Do you think i could e-mail in the i & e form to them, or am i better sending it by post? I would also include the letter that ida gave me, which is brilliant. Thanks again.

 

ps. Would they go ahead with the arrestment while i'm disputing the amount to repay?

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Hi Mango,

 

if they were going to go for AOE then you can apply for a time to pay order and the judge would decide how much

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-council-tax-arressment-attachment.html

 

go with the above first and jest keeping paying the amount and on time and they will tend to leave you alone but will call you every few motns to try and up the payments but you don't have to if you can't afford too

 

imagine you have been paying what you can afford and then they go for AOE, you apply for time to pay the judge wouldnlt look to favourably on them if it's all you can afford

ida

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Thanks Ida for your reply, I have printed off the time to pay form. Meanwhile i have made another i&e and this time i have written out everything i owe each month, so fingers crossed. (including sky!)

 

This is a great site and it makes you feel that you are not the only one going through this.....Thanks again

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don't speak to them on the phone. One time they phone me to up my payments and by luck i was on the computer so brought up the last i and e i sent to them and told them exactly the same, she questioned my sky tv but i told her I do not get and terristrial signal so have to pay for satellitte so can receive some form of tv, them she said what i pay for bb is to high, told her that's the only bb in the area in we need it for hubby looking for work. she wasn't amused and i could hear the steam coming out her ears :D

 

not very clever lady me thinks as she knew which media company i work for so receive perks from them as well :D

 

ida x

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  • 11 months later...

Hi Folks,

 

I am back again a year on. I eventually came to an agreement with Scott & Co to pay £50 per month towards my arrears and paid by DD. I am also paying my current years council tax by DD.

 

I received a letter this morning from Scott & Co stating that outstanding balance is £4989.83 and that the £50 is not making any inroads to the debt. They have enclosed a new i&e form for me to fill in with the view to increasing my payment. It aslo states that if i do not respond, they will cancel my DD and further action will be taken. I do realise that the debt will take forever to pay, but the £50 is maximum i can pay on top of the normal monthly payment of £119 for current year.

 

Can they refuse to let me keep paying the £50? My daughter stays with me and has helped me with the extra £50, but she will be made redundant next week, and i will really struggle to find the £50. I thought everything was fine until the letter came this morning. Any help with be great.

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No they cannot really refuse......fill in exaclty like what you dod last time (always best to keep a copy on the comp or hard copy for next time as well ;) ) what you will have to be aware of is that if you are paying by dd they can increase this, i would certainly recommend changing to standing order for scott and co so they do not have free access to the amounts.

 

my balance was roughly the same as yours and i was paying £20 per month ;)

 

what they are hoping for is that you muck up your income and expenditure so that you are left with extra that you can pay them - mine was always at least -£10

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Hi Ida,

 

Thanks for your reply. I'll send off the i&e form over the weekend. This time i'll keep a copy. I'll also get the DD changed to a standing order as well. I never thought of that. I did wonder if they were on the "chance" here. It is a year ago since i had any dealings with them, so they must be reviewing their cases and thinking this is the time to get payments upped!.

 

Thanks again

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  • 4 weeks later...

Hi Folks,

 

I'm back again. I received a letter from Scott & Co yesterday morning, threatening me with sequestration. I was worried sick, so i phoned them, and they want half of the debt (2500) up front then they would arrange a plan with me. I told them i did'nt have that amount of money, but she was adamant that was they wanted.

I phoned the local council to see if they could help, but although the woman was nice on the phone, and phoned Scott & Co for me, she said it was up to them how they recover the money. She said the letter i had received from them, was not instructed by the council, and the reason i got it was because I had cancelled the DD. I definitely did'nt cancel the DD. I checked my bank account and its still up and running.

I phoned Scott & Co back, and found out, they had cancelled the DD. I know i should have put everything in writing, but i am so worried, i wanted it sorted out now. Anyway, the girl from S & Co said, nobody had phoned from the council (duh) and all that was on my file was a possible EA. (Communication is obviously not high on their workload).

I have ended up phoning National Debtline, and they are so nice. They have told me (which i know) to put everything in writing, and send by recorded delivery. They also said they thought S & co were being very high handed, but they have given me some options to think about. One of them was a DAS. What do you think? If they refuse my new payment, i might have to go down that route.

Sorry its so long winded, but these people are the devil incarnate, i am willing to pay, but they will still go down the route of sequestration. I feel like i am banging my head against a brick wall. Any advice would be welcome. By the way, i have been paying regular for the past year, and never missed a payment.

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DAS might not be a bad idea. More info here www.moneyscotland.gov.uk - DAS Homepage

 

Although you need more than one debt to be eligable each years council tax debt is counted seperately so two years of council tax arrears would be counted as two debts.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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yeah like if you did have that kind of money you would want a payment arrangement :rolleyes:

 

I do not know what is happening but scott & co seem to be doing this alot lately - not accepting payment arrangements which is strange cause they normally accpeted them no probs - something to watch for

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Hi Ida and Rory,

 

Thanks for your replies. I am feeling a lot better today and in the fighting mood. I cannot believe the lies that these people tell you in order to scare you. First they tell me the council has instructed further action, but when talking to the council, they say they have'nt. They deny talking to the council who was phoning on my behalf, but have told them i had cancelled my DD, when in fact it was them, (so they must have talked to them)I am going to pay on-line, so that they can't say i have missed a payment.

 

I got a letter today, saying that they won't accept a higher payment, they want blood instead. I have sent off another i & e sheet, but i guess they will reject that. They said they will accept payments but it will not stop any sequestration action being taken against me. The ND line said that the courts take a dim view of this kind of action, when a customer is paying then an unreasonable demand is made on them. Will wait and see what happens next week. Thanks again.

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Hi Ida,

 

I have always paid by DD, but they have cancelled it. I don't want to give them an excuse to say i have missed a month, so i will pay on-line this month. I just can't believe that they are demanding half the balance at once. I think its because i own my own home (mortgaged). The girl said as much when i spoke to her. They knew the balance last year and accepted £50 per month, so why come so heavy handed now?, but i have the fighting spirit in me now, and i will do anything i can to protect my home. Lets hope i can keep this spirit up.

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Hi, mango1212.

 

Like Ida say's, Scott & Co are not accepting payment arrangements for some reason, I am going through the same sort of thing myself at the moment.

It is more than likely it's because you own your home, like us.

 

They have taken further action against us and like you we are trying to fight it.

I'll let you know how we get on.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 4 weeks later...

Scott and Clowns feature quite a lot on here and they are the biggest set of lying, bull****ing, scare monkeys this side of the borders and I have the following advice for dealing with this ****.

 

Personally, I'd refuse to deal with them, altogether.

 

Councils can not refuse your payment, its just easier to let the lapdogs deal with things becuase the councils can't scare in the same way Scott & Clowns can.

 

This can require quite a bit of effort but just remind the council THEY CAN NOT REFUSE PAYMENT, there system may not be able to except DD or SO with arrears but cheques work as do over payments.

 

Can they actually demand income/expenditure? English DCA's have no chance demanding this, maybe someone like RORY could confirm this.

 

If this is the case I'd tell them to get stuffed with an I/E and pay what you can afford.

 

Above all they are only threat monkeys sure they can do scary stuff like AOE but if you are paying something mostly they can't do this.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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UnmoderatetheNet,

 

I know where your coming from, but also know for a fact they do carry out the threat of sequestration, mango1212 must try and get this sorted before a charge for payment is received.

 

I hope the op comes back and lets us know what the score is.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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scott and co are not operating as a DCA for council tax in Scotland, they are sheriff officers and yes even if you are paying if they don't think it's enought they can do AOE or even file for your bankcrupcty

 

NEVER refuse to deal with sheriff officers

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I hear what you are saying but what I'm trying to get across is essentially they function in the same way DCA's, they lie and bully.

 

The main point I wanted to make is why deal them in the first place?

 

Its the council that are the OC why not pay direct to OC, after all its there debt.

 

Scott and clowns are just the threat monkey sheriffs paid to collect.

 

I do understand that sheriffs wield more power and debts to councils should be taken very seriously, but I never dealt with scott and co always with the council.

 

I'm urging people to consider this as an option remove sheriff bully boys from the equation.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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If they say they want £65.00 per month or they will arrest wages, depending on what you earn it may be cheaper to go with the arrestment.

Please note the following

Appendix 2: Deductions from monthly earnings from 6 April 2010

 

Net earnings

Deductions

Not exceeding £415

Nil

Exceeding £415 but not exceeding £1500

£15 or 19% of earnings exceeding £415, whichever is the greater

Exceeding £1500 but not exceeding £2500

£206.15 plus 23% of earnings exceeding £1500

Exceeding £2500

£436.15 plus 50% of earnings exceeding £2500

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