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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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    • 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.
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      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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helo every i to am strugglin with the annoyance of bristow an sutor!!!! for a bill a tenent left in 1999 . with there attitude as it is ...they will only get the same back from me DONT LET THEM IN i have just had no choice but to go bankrupt becouse of this bill !!! BRISTOW AND SUTOR still think they are getting paid SORRY not a chance id rather go to nick !!!the women yes women tryed all charms to gain entry[yer if i was 20 years older and had a brain the size of a peanut luv]instead put a seizer notice on my landlords van saying the neighbours think it might be my van LOL drrrr i dont drive never have! but all that done was notify my neighbours im strugglin and get my land lord to give me notice THANKS so im off to sunnyer climates !!!!! there bully tactics aint working on me !!!they dont have bullys in school no more so why do they enforce it in later years???? as allways 1rule for them 1 for us OH [DONT GAMBLE COUNCIL TAX MONEY IN THE HOPE YOU WILL GET A HIGHER RETERN] AS WEVE SEEN IT DONT WORK !!!!! LOL Thankyou for your time

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HELO ALL YOU NICE PEOPLE I HAVE A PROBLEM WITHE BRISTOW AND SUTOR They came knoking at my door yesterday trying there hardest to gain entry DONT LET THEM IN !!!!! I have just gone bankrupt for this council tax bill NOT MINE A TENENT IN 1999 but this was meant to have been sorted out 6 years ago .THEY LOST THE INFORMATION and like allways deaf ears or ar** and elbow syndrome you get know where!!!! the lady who knocked the door yes lady tryed her utmost to get in But no chance luvy u aint looked in the mirrow latly have you LOL Then decides to put a seizer notice on my landlords van saying the neighbour thinks it might be mine .THANKS my neighbours now know im strugglin and my landlord serves me notice ...good stuff you twits council will now have to find somewhere for me to live becouse no work being in building game THANKS RESSESION !!!!!Ive been bullied lied to threternd and been treated as the lowest!!! bankruptcy degrading not private!!!Oh and you can only pay CASH to be striped of ur human rights!!!![DONT GAMBLE COUCIL TAX MONEY ON THE HOPE YOU MIGHT GET A HIGHER RETURN YOU WILL LOOSE !!!] ITS JUST BEEN PROVED!! Oh and why isnt there a get out clause for us why cant we get funds from magical thin airs To zero our problems away?????when we make mistakes??? 1 rulethem 1 4 us i think!THANKYOU FOR YOUR TIME .............bailiff are bullies!!!treat them as they treat you !!!!! THEY dont allow it in schools so why do they allow it on your door step??

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Jonny-try not to hi-jack threads.

Will move your post into debt collection-although I have to admit-your post is a teeny bit confusing :confused:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Bear in mind that council tax bailiffs have no right of entry unless you give them peaceful entry, they can gain access through an Open Door or Ground Floor window.

Fees are £24.50 first visit £18.50 for 2nd visit, if you don't sign a levy then they cannot charge anything else. The onus is on you to prove it is not your van.

 

Good luck with your bankcruptcy, if you are getting benifits then you can apply to have the final fees waived. Check on the bankcruptcy board for more info.

 

I have never met a nice bailiff although alledgedly there are some that will write off your debt with no goods to levy, though I am not sure if that can happen with Council tax.

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Have a look at this thread HERE

 

I had a bill over six years old and was advised it had to be paid....but apparently it isn't really all that enforceable. If the case lands in court, its usually thrown out;)

 

Fwog

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by my calcalations im due another visit tommorow in order to seize a van that is my landlords!! as it is on his driveway wot do we do ?:(the seizeir notice was just handed to me by bailiff on last visit i havent let them in or signed anything!!?? thanks 4 your time ...........

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The bailiffs cannot take a van that does not belong to you and is registered with the DVLA under another keeper.

 

If they do take the van report it as stolen to the police.

 

Remember

 

Do not let them in your home

 

Never sighn anything

Never phone them.

 

Deal with them in writing only.

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by my calcalations im due another visit tommorow in order to seize a van that is my landlords!! as it is on his driveway wot do we do ?:(the seizeir notice was just handed to me by bailiff on last visit i havent let them in or signed anything!!?? thanks 4 your time ...........

 

 

If the bailiff has levied upon the vehicle then he would have charged you a levy fee and possibly also an visit charge. You MUST INSIST that he removes ALL CHARGES associated with this incorrect levy.

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didnt come as yet for the van !! But i did speak to my insolve officer !Who told me that becouse of a liability order i would still be liable for this debt!!!! why did i go b/c then?? I then rang reading borough council who wont talk to me and said speak to b/sutor!!Then rang cab who said that once they realise you have no valuble ,they will give it back to the council!! and it will have to be tackan in with youre b/c..... im loosing the will to live !!! my goverment is so confussed over its own STATE of affairs NODOUT I CANT SORT MY OWN OUT :confused:

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CONFFUSED!!!! i have just gone through b/c and have still got bailiffs at door BECOUSE apparently there was a liabilty order on me {sent to ex partners years ago} just found out today buy council who wont even talk to we NOW and was told to deal with BRISTO AND SUTOR direct !!! I THEN SPOKE TO MY INSOLVE AGENT WHO SAID I WOULD STILL BE LIABLE !!! wot have i gone b/c for!!! I then spoke to cab who said you have nothing to worrie about /you have nothing to levy !!! were am i at this state in my life??? THE GOVERMENT RED TAPE AND MESSYNESS !!! has got me in a state more so!! than i was in the fist place MY HEAD IS SPINNING RECOVERING ALCHOLIC OF 4 YEARS I JUST WONT PEACE !!!! DONT MAKE ME HAVE THAT BEER !!!! THANKYOU FOR YOURE TIME AND PAITENCE

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Jonny-I thought you had a thread in the Baliffs forum already with this stuff ?

You need to keep your posts in one place so that others can give you some advice to sort things.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Tell you what-I will move this thread into the legal forums maybe someone there can add something.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...

hello and help Ive been made bankrupt but b/s are still hounding me. i had another visit by them with van fees the bloke just posted his bill 180 pound this only upset my landlord even more as there van had allready been leved upon !!! witch inturn got me asked politly to leave!!! i then went to my now diufferent council who gave me the tel no of a local homeless shelter NO BEDS cold couple of days but have been let back in on understanding i sort this out!!!i rang insolv they only said CANT COMMENT CANT COMMENT then rang police they said cant help !!!i went to every solicitor and they wont help!!! this was never my bill but a tenents and i gave council info back in 02 and as far as i was aware yhis matter was risolved HOW DO i put b/s on hold and deal with council only or do i deal with them at all ???? i will not talk to insolve agency unless they take me back to court I cant be bancrupt and pay a bill recovering alcholic on jsa just wonting peace

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we really need to get all your threads on this subject merged together

then we can help a bit more

 

i'll see what i can do.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Rooster has merged 5 threads to here.

Try and keep them all together now.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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So lets start to get some clarity.

You say that this liability order is not down to your arrears ?

When did the liability order get served-where was it sent and was you aware of this beforehand-meaning have you tried to get this sorted with the Council.?

Where are you living now-and have you spoken to the Bailiffs ?

How much is the liability order for-who is the Council,and has the bailiffs given you any paperwork-if so whats on there ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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how do i get subject acccess form can i ask the council for the for the freedom of information act to give me all relevent info of when i worked for them and all my wages ,times ,o pensions payments {and wot happened to it when i left}times off sick so on and so on !!!! and allso give them a subject acc form aswell?

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You can send the Council a subject access request yes.

Much depends on exactly what you want in deciding if it will be covered under the stat £10.00 fee-organisations such as Councils will often request additional fees.

Your best bet in the first instance would be to either call into their offices or write to them asking if what you want to see will be covered under the £10.00 stat charge.

We can help you to do the letter-and I think it would be a good idea.

I did a SAR myself after experiencing quite similar issues to yours-although I only requested details of my Council Tax account,it did result not only in me getting my bill adjusted,but also cancelling of the £100 court costs.

They will be more than aware when you start talking of subject access why you want it,and perhaps will take things a little more seriously.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Can you say which Council it is ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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