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    • Hi All, newbie here, hope I'm doing this correctly.   Two years ago the wife was using my car and bought a ticket in a train station car park and displayed it on the dashboard. She returned to find a parking charge notice from Excel. It was a very windy day and it had evidently been blown on the the floor of the car as she left. It did not have a self adhesive part to stick to the window. I subsequently followed their online claim procedure and sent a copy of the ticket but the claim was refused. A couple of days ago I received the County Court Business Centre claim form in the post after presuming it would go away after not hearing from them for about a year (the usual threatening letters from debt recovery companies etc).   I wish I had paid the original £20 as this has been a big worry and hassle, but I just ignored most of the letters after reading stuff online. Obviously I want to dispute the whole of the claim but do I have a decent defence? I would cite the fact that the only reason the ticket was not displayed was that it could not be stuck to the window.   Any help and advice would be greatly appreciated.   Name of the Claimant : Excel Parking Services   Claimants Solicitors: Unknown   Date of issue – 08 July 2020   Date for AOS - 27 July 2020?   Date to submit Defence - 10 August?       What is the claim for – Breach of contract - parked without clearly displaying a valid parking ticket in Brewery St car park, Chesterfield on 02.07. 2018. Defendant has failed to settle the outstanding liability and Claimant seeks recovery of of the parking charge notice, costs and interest       What is the value of the claim? £185.00
    • I have had a letter from RBOS saying they have assigned my debt of £3600 to Cabot however it must be at least 6 years since i did anything with this debt, the letter was sent to my old address.   i have had a look around on the site but cant see a FAQ to do with these issues ( probably me not looking the right area)  .   can anyone advise me on what the next steps are as i assume this debt may be statute barred ? but im loath to ring Cabot and go through any details with them and would rather do it via letter.   as back ground i have other debts with other banks and currently have CCJ obtained via backdoor so im obligated to pay that debt. also did a stepchange thing that showed i have no other available funds to pay these other debts off.   any help appreciated
    • Hi all   It's been a long time since I've used this site, I used to be a frequent poster, mainly in the parking subforums.    I'll try and keep this as concise as possible, although it may get a bit confusing, so apologies in advance.  Also I hope this is the right subforum for such a matter, but I couldn't see anything more specific for divorces/family law.  So here goes..   My now ex-wife and I divorced last year, after our relationship broke down due to irreconcilable differences.  She initiated the divorce proceedings so was the petitioner, I was the respondent.  We informally agreed early on that she would stay at the family home (I moved out), and buy me out of my share of the house and contents.   We went to family mediation and hashed out an agreed settlement figure that we were mostly happy with.  A lump sum for the house and contents, plus she would give me the money to pay off several loans for goods on hire purchase that remained in the house, as the debts were solely in my name at the time.    I did not contest the divorce on any point, except she wanted me to pay the court costs of the divorce (£850) since she blamed me for the breakdown of the marriage.  I objected to this on the financial paperwork, stating that I was not the petitioner, plus the cause of the breakdown of the marriage were not due to adultery or domestic abuse.    The financial court ruled against me, meaning the £850 would be deducted from the final settlement figure.  I was looking to appeal against this decision which would have delayed the proceedings by several months, however in the meantime I was able to make an agreement with her solicitors to split the court costs 50:50, so we would in fact be paying £425 each.  They sent this offer in a letter headed "Without Prejudice", stating that if I was agreeable, they would submit an amended financial order to the courts with the amounts amended so I would only be paying £425 instead of £850 towards the costs.  I responded to this in writing and signed the form they sent me, initialling where the amount was changed on the financial order.   This is where it gets a bit tricky.  They then resubmitted the ORIGINAL financial order to the family with the £850 deduction still on it and promptly stopped responding to my calls and emails.  My ex wife has now paid the settlement figure, with the £850 deducted rather than the agreed upon £425.  It's a bit of an odd situation as my ex paid me basically exactly what it says on the court form, even though I made a different agreement with her solicitors.  I feel they've been dishonest in this case, whether intentionally or not but it's still left me over £400 out of pocket.    My question basically is this?  Do I have any legal recourse options available to me against the solicitor?  Does the fact that they headed the offer letter "Without Prejudice" mean that they can basically go back against their word and not honour an agreement that was made in good faith?  I've been doing my own research into this subject and it's a bit of a minefield, but I'm wondering whether I've got grounds for a complaint to the Solicitors Regulatory Authority, or possibly even pursuing them via the Small Claims Court?   Any thoughts?  If you need any more information or need me to clarify any particular points, please let me know.   Thanks in advance CD
    • That IS the question HB.   My literal quote isn't surrounded by additional perspective I commonly add and was shown as is.       "64% of the UK’s trade with all the countries with which the UK is seeking continuity,"   * It seems a given that Johnson is not seeking continuity with the EU HB   * Undoubtedly the reality is they just mean 64% of continuity with the handful of African nations that the reference was in despite it implying something else   In which case, a more accurate statement than that presented by Johnson the Liars representatives would be:   We've managed 64% continuity with a small group containing a small handful of African nations which are a small part of Africa as a whole and an utterly tiny part of world trade   and presumably, as they have singled that out for special mention to give their chosen implied perspective ... - that 64% continuity (a little over half we have as part of the European Union) the best 'continuity' deal they've managed so far with any county or block.   It certainly isn't 64% continuity of even JUST the external to the EU beneficial trade we have as part of the European Union let alone replicate the benefits with the rest of the EU   and Don't forget thats just continuity - carrying on what we currently have - and not any new or additional/improved deals  
    • Can I just ask only because I do panic about stuff like this.  More because of the affect it has on my husband.   In 2014 when my husband was at his worst and NatWest got the charging order on our house (which was then repossessed) we had to stop using our NatWest bank account which we did.  When we signed up for credit reports in January we noticed our NatWest bank account was being reported on a monthly basis so we decided to close it.  My husband and I went into a branch and closed it.  We had 4 accounts, 1 for everyday banking and 2 savings and 1 was the loan.  She said she could close the 3 accounts but obviously not the loan.  She said she’d transfer the money from the 2 savings into the main bank account and give us the money then shut all 3.  We were gobsmacked when she gave us over £1000.  We never thought we had money in the accounts.  Can this be used against us?  The 3 accounts are now shut and marked as settled on our credit file.
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hi wonder if you can help.on tuesday my mum got a letter through her door saying jacobs were coming to remove goods in 48 hours.

She had an arrangement to pay them 104 per fortnight which she was paying.in may she was 6 days late with 1 payment and the next thing this letter was delivered. sha has since made all payments on time. she phoned the bailiff and he said he wants 500 by 2o'clock today or he will come with police to remove. is he just threating her or can he really do this

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tell your mum to lock her doors and windows do not answer the door to him if she must speak to him tell her to do it through an upstairs window

 

has the bailiff been in your mothers house before

does the bailiff have a walking possession agreement

 

1) how much was the liability order for

2)how much has the bailiff added in charges

3) does she know how much she has already paid

4) what are your mothers circumstances does she work is she on benefits

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yes he has been in and does have a walking possesion order

 

she had lived in her flat for 3 years and never recived a council tax bill then she received one which had 3 years altogether onit she obviously couldn't pay it all at once because it was nearly £3000 she was taken to court and bailiffs were sent out. she doesn't know how much charges were put on the bills however she had calculated it would be paid in full in middle of october

 

at first she was paying them 250 a month but was struggling the agreed to lower it in to fornightly payments of 104

 

she earns 190 a fornight which is piad in to my bank account

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He cannot take all your mums goods, there are certain things bailiffs are not allowed to take. I think you need to contact Tomtubby on this site as a matter of urgency.

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by any chance was doing a WP a condition of allowing your mum to pay in installments - are popular tactic of Jacobs.

 

Plus if your mum is up to date in her payments I don't believe they can enforce anything.

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yes it was said they wouldn't accept a payment plan unless she let them in to levy goods

 

she doesn't have that much they can take anyway as she lives in a 1bed flat shes more worried that they come and break down the front door to the flats then break in hers while she is at work

she lives in private rented and is worried her land lord will then charge her for the door which she cant afford to pay.

she did ask the bailiff if he could give her a time he was coming and he said no if she s not she not in there is nothing he can do about it

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because they have a walking possession agreement they can come into your mother house

having said that they don't want your mothers goods they want to add a van charge if memory serves me correct JACOBS charge £120 for this

however if the bailiff was coming to remove your mothers goods and i very much doubt they will as she has never missed a payment (you cant call a late payment missed)

they must send her a letter first giving the time and date of the removal

 

Forcing re-entry

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

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she earns 190 a fornight which is piad in to my bank account

she earns less tha £100 per week this means she is entitled to housing and C/T benefits which I hope she is getting, and the full amount, Can I ask if she was getting this amount in the time of when the first council tax was due.

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she is also classed as being on a low income which means she shouldnt even be paying back that large amount, she should get back intouch with the council asap and explain how much the bailiffs want off her, she also needs to know how much they have charged her.

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Jacobs are notorious for that - I HATE the fact that they say only payment arrangement with a WP.

 

I refused and they still try it on with me - every few months cancel my arrangement and then say they will only let me pay monthly with a WP. Every few months I then go spare at my council who then call them off and make them reinstate it.

 

Have you tried calling the council and asking why if the account is up to date are they allowing their agents to threaten your mother?

 

The council are responsible for the bailiffs actions whilst collecting council tax.

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the bailiff is trying to frighten your mum a well known bailiff tactic

all that will happen is the bailiff will add a van charge

did the bailiff give your mum 3 separate walking possession agreements for the 3 accounts

are the same goods on the 3 agreements

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the bailiff is trying to frighten your mum a well known bailiff tactic

all that will happen is the bailiff will add a van charge

did the bailiff give your mum 3 separate walking possession agreements for the 3 accounts

are the same goods on the 3 agreements

 

no did one levy for all 3 accounts ,but while she was trying to pay them what they wanted she feel behind with last years ct payments which went also to jacobs a diffrent balff came to levy again and levied the same thing as the other had as like i said she doesn't have a lot for them to take

 

no hallowitch she live in cleveland

Edited by lochnettie80
adding tp post

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I cant understand why your mum is paying council tax on such a little wage... she should be getting council tax benefits

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not allowed to levy on same goods for more than one account

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and I bet she was charged a levy fee on all 3 accounts :mad:

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and I bet she was charged a levy fee on all 3 accounts :mad:

plus triple costs of everything else they cant charge.. i feel a form 4 coming on

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a different bailiff came to levy again and levied the same thing as the other had

is/was she still paying on the previous accounts when they levied the same goods

is it this account the bailiff is coming to collect on today

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yep 3 lots of 65 she has manged to get an appointment with cab at 2pm today they have phoned local council to get them to stop any further action un til it is dealt with

 

will let u know the out come thanks for all help

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the baillif has an unlawfull levy the charges for this must be removed

 

your mum needs to ask the council

for

 

the amount of all liability orders sent to the baillifs and the date they were sent

she also needs a screenshot (breackdown) of charges of all her accounts from the baillifs

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THE COUNCIL TAX (ADMINISTRATION AND

ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS

AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501

(SCHEDULE 5)

NOTICE OF

CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under

regulation 45(2) shall be set out in the following Table-

(1)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) –

i) where the visit is the first or only such

visit £24.50

ii) where the visit is the second such

visit:£18

 

2.—(1) In heads A and B of the Table to paragraph 1, "the relevant amount" with respect to a visit or a levy means—

  • (a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50,

  • (b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum;
  • (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount.

and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time.

 

anything you dont understand just ask

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not even another firm of bailiffs can levy on the same goods never mind the the same company doing it three times. your mother should go to housing advice as she would get it paid and they can back date it three months so this would change the first bill and take it out of the bailiffs hand full stop.

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Hi,

I'm an ex employee of jacobs.

The CAB have an arrangement with jacobs so if they call jacobs then they have to take the case back from the bailiff and stop any action and also they have to accept a payment plan, the minimum is £5 per week.

The fees seem unlawful to me. Can you tell me which bailiff it was and what council you're dealing with? I will give you some advice on exactly how to deal with jacobs. PM me if you need more help. thanks

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thats interesting to know, do they only have this aggrement with jacobs or does is apply to other bailiff firms.

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