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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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 all can someone please advise is it possible to use a form 4 to complain about a bailiff firm rather than the individual baillifs that have applied these charges to my accounts as Equita is being rather slow in giving me there names thx guys

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I have personally seen at lest 100 Form 4 Complaints and it is ALWAYS the case that I would advise taking any complaint direct to the Bailiff Company FIRST.

 

A Form 4 Complaint is serious..not least because the bailiff can very likely have his certificate revoked and this will lead to him being unemployed.

 

You have requested a lot of information which could very well DELAY Equita responding. All that you really need is a copy of the Screen Shot of your account as this will provide ALL of the information required.

 

You first wrote to Equita 2 weeks ago requesting information going back a few years and for this reason I would strongly suggest that wait a further 2 more weeks for them to response before sending the Form 4 Complaint to the Court, in particular because the Data Protection Act provides that the bailiff company have 40 days to provide the requested info.

 

On the question of whether you can make a Complaint about the company as opposed to the individual bailiff, by coincidence, I am aware of a Form 4 Complaint against a different company that is presently before the Court where the bailiff company are refusing to provide the identity of the bailiff and the Court has instructed the person making the complaint to send the Form 4 to them and that the Court will write to the bailiff company asking for the identify the bailiff. For obvious reasons.....the bailiff company tend to respond to the Court very quickly !!!

 

Finally, are you sure that your complaint should be sent to Redditch County Court I say this because the vast majority of Equita bailiff's are certificated through Northampton County Court?

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Hi tt thx for your reply and yes im sure its redditch as one of the bailiffs in question told me he was certificated at worcester county court i rang them to see if he was indeed certificated and the court told me to ring reditch as they now deal with worcester certificated baillifs finally i rang reditch and yes he is certificated

 

However the reason i ask about the form 4 complaint against the firm rather than the bailiff is because if you could see what K Fowler from Equita has sent me you would not believe your eyes none of what she has sent me in regards to my account tally up with an e-mail sent to me from another person in her office also some of the dates of so called first and second visits were on sundays and one was even a year before the liability order was sent out there are so many errors made on the documents sent to me i feel because these facts and figures are fabricated rather than fact im sure all they can do is fabricate more lies to cover there tracks i have sent in a subject access request with its fee and i then get a letter back saying we have recived your letter and will begin an investigation and get back to you in 14 days we will then supply the subject access request after this period this is what i mean by Equita are delaying all i want is my £908 in invalid levy fees enforcement fees and card charges not to mention a little something for all the work i have put in to recover these ilegal fees thx again tt any more advise i would be gratefull for as u da man lol

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Well a small update for you all i had a telephone chat today with a very nice man from the council not going to name him but quite high up on the c/t food chain god I wish I had a recorder he told me he was aware that Equita applied card fees to process payments to be fair tho he did not know it was illegal for them to do this well we shall see what happens next will keep you posted

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Guys can any one contact tt or if this is read by tt I could do with something to print off about card charges being not legal as in a paticular case hearing or something so as I may send it to the guy at the council I spoke 2 thx much

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Guys can any one contact tt or if this is read by tt I could do with something to print off about card charges being not legal as in a paticular case hearing or something so as I may send it to the guy at the council I spoke 2 thx much

 

 

Quote the case and regulation that tt has given. If you really want to get shot of them do a subject access request on them.

So whats cooking today ?

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by the way never seen a form 7

 

did the bailiff leave

 

notice of intention to seize goods with the car on it also called a walking possession agreement or form 7

 

did the bailiff check with the DVLA when you told him it was not your car that it was a lease car for your wifes work

 

if he didn't you want to know why not

if he said he did (and he says its your wifes car) you want to see the written conformation from the DVLA

Edited by hallowitch
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  • 2 weeks later...

Hi guys just to keep every one posted as promised I have had my subject access request from Equita LOL well at least thats what Equita have called it its infact little more than a list of what I allready know from letters allready sent to me oh well I'll keep stabbing at them untill I see blood coming from the mighty beast that is Equita I have informed them that what they have sent is not good enough and by my calculation the 40 day dead line is up on this coming tuesday so geuss I'll just sit back and see what drops on the door mat I will keep every one here posted as any information given may indeed help another and I just want to say thanks to every one on here 2 or 3 in paticular they know who they are I dont think these guys realise how much they help and make things seem so much better for people like me and my wife so keep up the good work all will post again soon

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i wonder why they blacked out the inch at the bottom

perhaps its the bailiffs name or charges on that bit

 

the question is why a walking possession agreement must have the bailiffs name and the charges on it

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Guest Happy Contrails

BB69, if you havnt fixed the problem then send the bailiffs this letter by post and by email, it doesnt need a tenner & usually clears up a case quickly enough.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.00 for a first visit and £18.00 for a second visit if one is made. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

If the bailiff does not give a breakdown of his fees then he cannot show them to be "resonable costs" and you can reclaim them. The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck or a van to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00. Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

 

Phone the council, tell them their bailiff has been caught cheating with his fees and commits an offence under Section 2 and 4 of the Fraud Act 2006 and ask they take the council tax debt back into town hall administration. Remind the council they are liable for their bailiffs when they are caught defrauding a member of the public. If the council is uncooperative or vexatious then quickly contact the local government ombudsman.

 

Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for defrauding you with his fees. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate. Download the complaint form to make an official complaint against the bailiff http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the bailiffs fees he is trying to charge and any amounts paid.

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Thank you very much lots of very usefull info here for me to use however I think it may not help at this late stage as I am in all out war with Equita and I have told them that I will prove fruadulent activity over the conduct of my accounts held with them and that I will persue it as a criminal matter and they are now claming up and making it as hard for me as they can for me but thats ok I enjoy a challenge they have'nt even sent me the info I requested in my SAR they only sent me what they thought i needed or could understand (cheek) and they only have untill wednesday to do so I have prepaired my letter before action notice giving them a further 7 days and will send it this week I'll keep you all posted thanks very much again HC

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Guest Happy Contrails

Filing a criminal complaint to police is the easy bit.

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a bailiff firm [and made a threat of intending to force entry my property without a warrant to commit breaking and entering and take goods unless I pay him £AMOUNT]. His is charging me fees of £AMOUNT when legislation says the maximum fee is £AMOUNT.

 

I write to you understanding the bailiff commits an offence 2006 Fraud Act. A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

Please assign a crime reference number and I ask the police that this crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

 

YOUR NAME

Enc: copy of document

 

You will probably be foobed off with excuses and police usually say bailiff crime is a civil matter, Be prepared to escalate your complaint to the IPCC then onto the Parliamentary Ombudsman. The police are not entitled to make a factual error in their interpretation of the Fraud Act and conceal a crime, that's an offence under Section 4 of the Criminal Law Act 1967 so make lots of noise with the IPCC and Parliamentary Ombudsman.

 

If you want to recover unlawful fees then you are best to claim them from the Authority that instructed the bailiffs, the authority is always liable for them if they are caught cheating with their fees. The authority settles its differences with its bailiffs afterwards - usually by suspending their contract.

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God damn this site is simply the best thanks so much for your advise if you have any more feel free to keep it coming lol I'll be useing what you have said in the coming battles in the war with Equita again thanks so much for your help its invaluble

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Guest Happy Contrails

Is the applause directed to me? or this website?

 

If you want to have a giggle at the police and their civil matter argument, quote them this:

 

Lord Lucas sitting at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote - actual words) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006(unquote).

 

That means its official - any bailiff who cheats with his fees commit a crime. You will need the bailiffs document to give in evidence of defrauding you, or attemprting to commit fraud.

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