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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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Hello all im sure Equita have applied loads of illegal/unlawfull levy and enforcment fees to my accounts held with them since im sorry to say 2004 (cant seem to get the hang of paying on time) anyway im in the process of complaining have gotten loads of advice from just reading the forums here i sent an email and got a sketchy note back through the post no where near what i asked for so i sent a rather impresive letter at least i think it was asking for everything from bailiff names numbers etc to screen shots to a written statement saying all charges applied are done so within the law i even popped into the local Equita office to complain and to my suprise i found out that not every one employed there can really do there job i spoke to the young lady at the front desk and she didnt have a clue couldnt tell me when a levy can be applied couldnt tell me the first and second visit fee (i could tell she was trying to google it from the pc next to her damn those multitaskers)anyway i asked how levy fees and enforcement fees can be appllied when no bailiff had ever enterd my home she had a look at the pc and said (with a smurk) do you drive i repllied (with a biger smurk) yes i do its a lovely silver astra only 2 years old but its not mine or my wifes its a lease car through my wifes employer so she may do her job (comunity nurse type of thing) oh she says this needs to be looked at then ill get on to it she says and ill send you an itemised statement of account this was all on a friday i spent the weekend gathering evidence to send my letter both to my local office and Equita head office finished it late sunday dropped it in the post monday afternoon and then get this i had a letter from Karen Fowler head of complaints at head office and a letter from my local office with two sets of completly differant charge amounts some of the charges were even applied on a sunday (thought bailiffs couldnt call on sunday) nevermind im now waiting for the reply from karen fowler to my rather impresive letter i have rang trying to speak with her im told she only works afternoons so i ring in the afternoon to be told she only works in the morning then to be told just a few mornings a week i rang the bailiff dealing with my case he says he can no longer speak to me as he has been told not to by his boss im feeling quite smug by now i think i have them on the hop however its quite obviouse to me from the sketchy notes i have been sent that all these charges are illegal guys in all honesty can some one tell me how likely it is ill get them back oh and im sorry for the long story

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send them this then sit back and let the fun begin

 

 

 

subject access request

 

 

please provide with any/all information regarding my accounts for the

collection of council tax for xxxxxxxxx council for the years 2004 through till 2009 this is not an exhausted list by any means but gives you an idea of what i require

i have enclosed the maximum statuary fee of £10 this cheque is to be used only for this purpose if you cannot/will not supply me with the information i have requested please return my cheque including the reason you cannot/will not supply this information

 

 

1. Computer screen shot relating to the conduct of my account

2. Computer screen shot relating to transactions that have gone through my account

3. Internal/external messages or notes relating to the conduct of my account

4. Internal /external messages or notes relating to transactions that have gone through my account

5. Recordings of any telephone conversations, whether internal or external, relating to my account

6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account

7. Copies of letters relating to my account

8. All information relating to litigation that has taken place on my account

9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item

10. Copies of all reviews conducted relating to my account

11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the bailiff obtained his or her certificate

12. copy's of Levy's added to my account the time date bailiffs name and the county court where the bailiff was certificated who added this levy

13. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit

14. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended and the count where he was certificated

I trust that the above is clear and should you be in any doubt as to your obligations you should consult your legal team

any unlawful charges added to my account will result in a form 4 complaint to the court

and an official complaint to the council which i will escalate to the local government ombudsman if i feel the council have not acted with due diligence to resolve this

A copy of this letter will be sent to xxxxxxxxx council and my M.P.

As detailed above, I have enclosed the statutory maximum fee of £10.

You have 40 days in which to comply.

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Thanks guys thats more or less what i sent but i did not enclose £10 fee i did mention subject access request but did not head the letter as that as far as i can tell from the people i have spoken to at Equita head office and my local office they are going to send me all the information i asked for in my letter i asked for everything in hallowitch's reply plus a bit extra now im thinking they may just give me the run around with out the £10 fee by the way can a bailiff call on a Sunday i know they have not as im allways home Sundays i think karen fowler was just pickind dates out of the air applying a fee to it from as far back as 2004 with out looking at a calender and then sent it to me Thanks guys

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no they cant call on a Sunday bailiff will lose is licence for that

 

just a thought here send subject access request to the council as i believe any action on behalf of the council by the bailiff is sent to the council

it would interesting to see if there is a difference between what the bailiff sends and what the council send you

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ok cool good plan ill do that over the weekend by the way i allso wrote in my letter that if and when i find what i believe to be illegal/unlawfull charges on my accounts i would make copys of all documentation and seek and copy the relavent laws i believe to be broken and drop a copy in at my local police station to be persued as a criminal matter i think thats what has them rilled

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Please see attached a copy of an E-mail sent to yourselves on the 8th of May 2009 this E-mail clearly states that I am formerly requesting a full and complete statement of account for accounts held with yourselves for unpaid council tax from Birmingham City Council liability order numbers 4xxxxx issued on xx/x/07 for an amount of £xxxxx plus costs of £xx also number 4xxxxx issued on xx/x/08 for an amount of £xxxxx plus costs of £xx I also made it clear that I am fully aware of the law and am aware of the charges a bailiff may make in respect of costs incurred when dealing with a council tax dept . Please now look at your records or see the attached copy and read the reply that was sent to myself through the post as you can see the reply I was sent is wholly inadequate and I could even consider this reply an insult to my intelligence and if reading the figures quoted on this sketchy note that was sent to me and I quote Levy Fees £85.50 Enforcement Fees £130.00 for liability order number 4xxxxx and Levy Fees £99.50 for liability order number 4xxxxx is in fact the fees that have been applied to my accounts I consider this again an insult to my intelligence.

I stated in my original E-mail that I was fully aware of the law and my rights around unpaid council tax and any charges that may be applied £24.50 for a first visit by a bailiff where entry to the premises is not gained and £18.00 for the second visit where entry to the premises is not gained any subsequent visits where entry is not gained is not chargeable may I add no bailiff has EVER entered my home and never will. Once again I am fully aware of the laws surrounding peaceful entry also may I bring your attention to any vehicles parked outside my home namely a silver Vauxhall Astra reg number Bxx7 xxx does not belong to myself or my wife but is in fact a vehicle leased to my wife from Appleyard auto lease subcontracted through my wife's employer Birmingham East North Primary Care Trust (NHS) and is required for my wife to go about her normal daily business to do her job please see the copy of attached documentation to prove this however if Equita Bailiffs LTD had done their job correctly in the first place they would have known this from a simple DVLA search.

Now that my suspicions have been aroused regarding charges applied to my accounts held with Equita Bailiffs I now formally request the following a complete and detailed statement of account for any and all accounts held with Equita Bailiffs this is to include any settled and unsettled account held by Equita Bailiffs since 1/1/04 please see the list of liability order numbers as supplied by Birmingham City Council [/font]

Cont......

 

 

 

liability order number xxxxxx issued xx/xx/xx amount £xxx plus £xx costs

liability order number xxxxxxx issued 22/06/05 amount £xxx.xx plus £xx costs

liability order number xxxxx issued x/xx/xx amount £xxx.xx plus £xx costs liability order number xxxxxx issued xx/xx/xx amount £xxxx.xx plus £xx costs

liability order number xxxxxx issued xx/xx/xx amount £xxxx.xx plus £xx costs

Any itemised statement of account sent to me regarding the afore mentioned accounts MUST include the following.

Dates and if possible times any bailiff visited my home address and also the name of that bailiff with his certified bailiffs number. (as issued by a county court)

A detailed breakdown of any and all payments received by Equita Bailiffs from myself or from any other person acting on my behalf this MUST include dates amounts and method of payment.

A detailed and comprehensive breakdown of all and any payment made to Birmingham City Council on behalf of myself by Equita Bailiffs in regards to the afore mentioned accounts this MUST include dates and amounts.

A detailed and DESCRPTIVE list of any and all charges applied by Equita Bailiffs or any outside body acting on your behalf to any and all accounts regarding the afore mentioned accounts this MUST include dates and if possible times the charges were applied also this MUST include the amount of the charges and EXACTLY what the charge was applied for this MUST include the name and certified number of the bailiff (as issued by a county court) who is applying that particular charge

Also please provide written confirmation your fees for whatever the total amount may be from 12/01/04 to present day are truthfully compliant with Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992.

Also be aware I am formally requesting SCREEN SHOTS of all computerised pages held on my accounts so as I may verify what is indeed being sent to me in the itemised statement of account I am again fully aware that I am entitled to such information by law no matter how much work is involved on your behalf please do not insult my intelligence any further I understand the law around Subject Access Request pursuant to section 7 of The Data Protection Act.

Cont....

 

Also please be aware I am formally requesting a copy of any and all paperwork held in my file in regards to any and all of the afore mentioned accounts this MUST include copies of any levy or walking possession agreements that I may have signed as I am 100% sure no document has ever been signed by myself or any person acting on my behalf.

Please remember all of this information is required within 14 days under statute as this information was requested on the 08/05/09 and not adequately supplied. Equita Bailiffs has less than 7 days to supply the requested information however as a gesture of good will I will allow 14 days from the receipt of this letter before I consider any further action you should also be aware if and when I find what I believe to be unlawful and or illegal charges on my accounts held with Equita Bailiffs I will be applying reasonable costs and charges in recovering the afore mentioned charges applied.

Also be aware that on receipt of the afore mentioned itemised statement of account if I find what I believe to be illegal and or unlawful charges I will be making copies of all documentation and seeking and copying the laws I believe to have been broken. All documentation will then be handed in at my local police station to be perused as a criminal matter also copies will be forwarded to my local councillor and Birmingham City Council as a recent test case has ruled Local council Authorities are indeed accountable for the actions of their contracted agents. (Bailiffs)

Please be aware a copy of this letter and all of its corresponding documents also a copy of the original E-mail along with its reply from Equita Bailiffs have been forwarded to Equita bailiffs Northampton head office and to Birmingham City Council so as it may be retained in my file held by them I hope the above meets with your approval and is dealt with in a speedy and timely manner.

Yours sincerely.

 

Mr xxxxx xxxxxx

Edited by bailiffbasher69
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good letter i cant wait to see the reply you get to this

remember there is no such thing as an enforcement fee

and there should be no V.A.T. added to your account

any levy must be on a form 7 for it to be lawful and a copy should be hand delivered at the time of the levy

good luck (watching with interest):D

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Lovin'this thread.

 

Incresingly I am realising that the Bailliffs do have certain powers, but as long as they don't get access to your house or car, then the ball is still in your park. But I am not through this yet, so will keep on with the research but don'tbe afraid to look at my other threads if you get a chance.

 

Enjoy the weather!

 

FX

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ok as promised an update after sending the above letter i get a letter back on thursday asking for a £10 fee for my subject access request so i have printed the one hallowitch has done put a couple of other things on it and will post it registerd post monday have allso included a copy of the form 4 i will send to redditch conty court to complain about £130 enforcment fee applied the day before i was due to make an agreed payment to the apointed bailiff and indeed i did pay him as agreed i have warned Equita that the 14 days that i allowed in my original letter will have passed by the time they get my subject access request.

I have told them that I will give them just 3 more days to contact me before i post it on thursday I will allso ring the bailiff in question on tuesday to inform him that I intend to complain about him ill keep you posted

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Hi all you will not believe this im just making coppies of all the stuff to send with my form 4 and i sudenly notice that not only are 4 of the visits they say they have made since 04 are on Sundays but get this 2 of them are 1 YEAR before the liability order was made how mad is that lol

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it isn't beyond the realms of possibility to have a screenshot "edited" for the purpose of "security" or whatever other reason they could come up with.

 

Since you actually have proof of their wrongdoings (visiting on a Sunday and before LO actually issued??), any other tampering or misdeeds will only reinforce your case further, at the very least you will display their complete incompetence and hopefully a lot more

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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