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    • Sweatband.com I like many of these online retailers – and also retail shops – which sell their goods, make all sorts of claims for their customer service et cetera – but when things go wrong they refer you to the manufacturer. Of course this can be a very sensible arrangement because the manufacturer is better placed to deal with the problem – but we tend to find that very often the manufacturer is pretty reluctant and of course because they are not the retailer, there really not too bothered about their customer-facing reputation. So as has been suggested by my site team colleague above, you are being fobbed off. Secondly, any attempt now to start saying that the treadmill should not be used in the garage – when this has not been referred to at all when it was being sold to you, is in effect introducing a new term into an existing contract. This means that it has no effect whatsoever and is not binding. Sweatband.com are bound by the law of contract and also by the Consumer Rights Act 2015. You are entitled to purchase a treadmill which is of satisfactory quality and remain that way for a reasonable period of time – and you are quite right, it hasn't matched up to those standards and so sweatband.com are in breach of contract. It has nothing to do with the manufacturer. If the manufacturer really want to say that it should be kept in a garage then that's between them and sweatband. It's especially telling that according to you sweatband have actually said that this is a great thing to keep in your garage. I would suggest that you go around the Internet – trust pilot et cetera putting up reviews about sweatband – who as I have said after fobbing you off and letting you down – but also you should put up separate reviews about this particular brand of treadmill and make sure everybody sees that even the manufacturer is saying that it should be kept in a garage and that they won't stand by their product when it breaks down after three months. I can imagine that the person who said this to you from the manufacturer will get a bit of a talking to. Maybe you can tell us the make and model number of this treadmill so that references to it will come up in Google hits in the future. The situation as advised by my site team colleague is that as it has failed within the first six months, the retailer is entitled to one single opportunity to carry out a repair and failing that they are obliged either to replace the item or to give your refund at your option. These are rights which have been created by the Consumer Rights Act 2015. These rights should be asserted in writing You should write to the retailer immediately and put them on notice that you are asserting your rights under the 2015 act and you are giving them a single opportunity to repair the treadmill. Tell them that given its size and its weight, it will have to be repaired at your home unless sweatband.com want to take responsibility for picking it up and selling it to whoever they want to get it repaired by. I can imagine sweatband won't be happy about this and you are going to find everybody's going to start dragging their feet. I can imagine also that sweatband would try to up the ante by saying that it is your responsibility to return the treadmill to them. That would be wrong. The treadmill is defective. Sweatband are in breach – and it is up to them to deal with the problem. I think you will need to be quite assertive and I would suggest that your letter to them should give them a seven day window to let you know what the arrangements are and that the treadmill should be repaired or replaced in any event within 14 days. Please keep us informed as to what happens. Just so you know what we will advise if sweatband don't step up to the mark – if they don't let you have a satisfactory response within the first seven days then we will be suggesting that you begin the claims process by sending them a letter of claim – which then leads to a small claim in the County Court. This is not something you should worry about. Your chances of success are much better than 95% and I can imagine that at the end of the day sweatband.com don't want this kind of trouble and once they realise that you are happy to confront them, they will buckle down. Of course you never know – maybe they are going to act brilliantly and respond correctly immediately – in which case it will be kudos to them. Let's see  
    • Simple answer to that is gambling and having borrowed way too much previous to 2018 and simply not being in a position to meet all debts so always robbing Peter to pay Paul. From last year it just began to catch up. Then covid came and made it worse. Income reduced and job changed and dealing with mental health issues. That’s really the long and short of it. 
    • The UK's inflation rate surged to 0.6% in December from 0.3% in November despite Covid curbs. View the full article
    • Fears had grown over the Alibaba founder's whereabouts because of pressure from Chinese authorities. View the full article
    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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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.

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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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have you still be paying it through this?

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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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