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    • Thank you. There are two possible routes here. You could sue DPD – and then they would probably defend and they would also counterclaim for the unpaid delivery fee. Alternatively, they could go ahead and sue you and then you could counterclaim for the expenses of the damaged items. It would be better if they would sue you and the reason for that is that you would be the defendant and therefore if there was a hearing, it will be held at your local court which would save you a lot of inconvenience. If you sue them, then they become the defendant and if there was a hearing then it would be heard at their local court which means that you would have to travel and plan the logistics of this. Normally speaking you can counterclaim without paying a fee but where the value of a counterclaim is substantially greater than the value of the substantive claim, when you might have to pay a fee. If you with the claimant then you will certainly have to pay the fee anyway. So I suggest that your best interests are served by preparing to be sued and then if that happens then to defend and counterclaim. We will help you. If eventually they don't follow through with their threat, then you will have to sue them. Whichever is the case, you will need to be well prepared and that really means that you need to seek independent assessments and evaluations of the damage which has been caused and the value of putting it right. These independent assessments may cost you money – but eventually if you win then you will get this back. So for the moment, start gathering your evidence. Make sure that you are fully prepared with your independently verified documentation and then hope that they will follow through with their threat and sue you.
    • thanks for the response   The items arrived totally damaged and our customer sent them back and we had to re make all of the items again. This cost was just over £7000. Yes we are on a creidt type account, I asked for the compensation on the problem delivery and they decided to lie and cheat and then close the complaint. we did take photos and so did my customer, DPD said they could not use them as it didnt show enough detail. this again is untrue.    The invoice we are with holding is £530  We had to remake all of the work as mentioned above.    I hope this helps a little more  
    • Hi I use Martin Lewis Credit club and if I click on the defaults they say ‘account settled’ and the dates range from December 17 to Feb 18 under each tab. It also states the name of the new debt owner now and says last updated.    Will that be the default  dates or will I find it elsewhere?         
    • Hi Andy, yes they did + another £600 for flush and repair! I was surprised that they just accepted the FOS terms without a whimper. Cheque received and cashed.     @dx100uk Agreed. I read people having similar issues with getting repairs from ASG, not sure if it was on here or another site but they seem to adopt the same line about it being the customers responsibility to keep their system fresh and clean. My system was powerflushed in 2016 and by 2018 it was similar to having 4 blocked arteries. I have my doubts as to whether it was done.
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I am worried as today i have a bailiff coming to my home, he came on friday but both me and my partner were out. he contacted us both via phone i told him that i was unable to do anything as i was on a school outing with my daughter, he then phoned my partner who said that we would not be able to pay the full amount, alot of him not ansewring calls and hanging up on my partner later he left a voicemail message that we had been lucky this time but he would be back on monday to collect the full amount. he has left a message on my partners phone today saying that he will be here today between 3-5 with a lock smith which he says will add another 200 to the 200 that he has already charged us for friday and the same amount for today. we did sign a walking posession order which we were paying but are now struggling as we have an attachment of earnings and our normal council tax bill to pay! I am a little concerned that some things do not seem to add up as the reference that was given to my partner by bristow and sutor does not match that that i have on my copy of the walking posession order and the bailiff would not give my partner his name or bailiff number please can somebody advise as to what i can do as i am pertified that my goods are going to be taken i am at home on my own with 3 young children.

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Firstly what is the debt for?

I am assuming that this bailiff has been apointed by the courts?

Do I have to pay the bailiff's fees?

The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax; for example, from 1 April 1998 fees for the first visit by a bailiff are £20 and £15 for a second visit, where no levy or seizure is made. All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this.

 

 

What should I do if a bailiff is about to visit my home?

Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees. Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.

If the debt is an unpaid county court judgment you can apply to the court to stop (''suspend'') the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based jobseeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.

Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellors Department and if it happens to you seek further advice.

If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford.

If you need help filling in forms or negotiating with creditors or bailiffs, see the 'further help' section below.

 

 

Have they entered your property previously?

If not then they are unable to force entry this includes drilling out locks, this will then become a trespass or in Police jargon 'breaking & entering'


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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we did sign a walking posession order which we were paying but are now struggling as we have an attachment of earnings and our normal council tax bill to pay!

 

Sorry just re-read your thread. So yes they will be able to force entry this time, but the Police should be in attendance? Take a look through this:Debt Basics - Bailiff Guide - know your rights


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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the debt is for council tax arears but when my partner phoned bristow and sutor as the bailiff would not give his name or number they were reluctant to give his name but did so and the girl that he spoke to said that he did not have a registered number as he was acting for them, we are confused!

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I have moved your thread to the baliffs forum where you will get more help with this.


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CODE OF PRACTISE

ON

LOCAL AUTHORITIES' USE OF BAILIFFS

IN THE ENFORCEMENT OF LOCAL TAXES

UPDATE & AMENDMENT SHEET

April 2000

The law upon the rights of bailiffs to force re-entry to premises in order to remove

goods previously seized has recently been clarified. In Khazanchi v Faircharm

Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that

bailiffs may only force re-entry where they are being deliberately excluded from

premises. It will thus be necessary in most cases for the bailiff to notify the debtor in

advance of the date and time of the visit in order to remove. If the debtor is then

absent from home, or refuses entry, force may be employed.

get on the phone to the council now tell them that the bailiff is making threats to come to your home today with a locksmith which clearly goes against the governments code of practise for enforcement

tell the council you have this threat on voicemail

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I'm sorry if it's a daft question but are you sure it's for the same order previously? Could it be for something else which would explain why the reference numbers don't add up?

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I'm sorry if it's a daft question but are you sure it's for the same order previously? Could it be for something else which would explain why the reference numbers don't add up?

 

good question

 

is the attachment of earnings for this council tax debt

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the attachment of earnings is for council tax but a previous debt and this one is for another council tax debt which we were told ther was only one other debt but the amounts just dont add up as i have been making payments and they have completely different numbers like i say it is extremely confusing as the staff at bristow and sutor do not seem to have a clue either

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and i just thought that if it was for somthing else surely they are not able to threaten us as they have been?

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the attachment of earnings is for council tax but a previous debt and this one is for another council tax debt which we were told ther was only one other debt but the amounts just dont add up as i have been making payments and they have completely different numbers like i say it is extremely confusing as the staff at bristow and sutor do not seem to have a clue either

 

Can you please confirm the following:

 

When was the Walking Possession signed?

 

What items sre on the WP.

 

Have you been making payments under the Liability order that this WP relates to?

 

What was the amount of the Liability Order?

 

How much is the bailiff requesting?

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it was signed back in february yes we have been making payments until last month when our tax credits got cut so we have had to struggle to find the money for this month. on the list was the telly, our sofas, dining table and chairs some dvds, coffee tables cupboards, computor it was for around £850 but now even after making payments totaling around £300 they want over £1000 pounds but the refernce number that was given to my partner was different from that that was on the walking posessions order yet the bailiff said that he had the lock smith with him at our home and was going to get in a take goods unless we paid in full. I have since made a complaint to bristow and sutor about the conduct of this bailiff and we have not heard from hom since (he said that he was comeing again yesterday) i did try to complain to the council but they inform me that there was nothing that they could do.

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You need to pm Tomtubby so she can advise you what to do next with this debt, I can't see them being allowed to take everything on that walking order if you have been paying and the balance is considerably lower now

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