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    • I agree, you were polite during your call about this after I had called and highlighted this issue to your wife immediately after the delivery man reversed it onto my drive, handed me the documentation and left. However, I fail to see how your other correspondence and comments on here are respectful.   You did tell me it would cost £150 for you and likely £200 for me here. I’m afraid the invoice you sent was contradictory.   I had explained that I was grocery shopping when you called. When I saw the missed call upon my return, I decided it was better not to call you back after I made the mistake of accepting £150 based upon your word of what it would cost. In hindsight, I should have checked out what it would cost first. I can initially be a little naïve when it comes to believing things I am told, as I tend to judge people based upon my own values. Rightly, or wrongly I decided it better to communicate via email from that point.   I did respond to the email instructing me the £150 had been transferred to which I stated thank you, but I have yet to get prices for it.   You did not offer me ¾ of the cost of the repair in the first email, you offered: 1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet. 2; Accept a full refund for the car and we will collect it next week 3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   I’m unsure why you feel #3 in particular is relevant or respectful.   For you to do the repair would have been a considerable inconvenience for me in terms of time and money. The £20 offered for lunch and petrol would not compensate for this. I could ill afford the time and petrol money to bring the car back to you. Whilst I understand you and your wife do not have the time to do this as you have businesses and children etc, I also have similar commitments and there is only one of me.   As mentioned in my earlier comment on this feed, you only offered me the further contribution later after I had emailed you with my Consumer Rights and sent you photos. Before this you did not wish to negotiate any further.   I had not received any further advice before I decided to accept the further £112.50 contribution if it were still an option or stated that I am happy about it. As mentioned, this is only due to the time and stress of this.   Please may I request that you formally respond via the mediation service with this offer.
    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
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What is the debt for?

 

Have you heard from the bailiffs before?

 

If you put as much info on here about the situation your in then people will beable to help you if they know something about that type of debt.

Edited by dawnwb
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The debt is unpaid council tax they called once before while I was at work they have never written to me or spoken to me directly only to my daughter and never been in my home. I work and they never call when I am @ home and I won't give them mobile number.

 

 

When is the debt from? Do they have a liabilty order against you (have you seen it). How old is your daughter this relates to what the bailiff may have said and if they've broken any rules!

 

What does the notice say on it?

 

More info = more help ;):D

 

Remember your in the right place now help will be forthcoming.:cool:

All advice offered is based purely on my own dealings and the help and support i have had from this site.

 

Copying an of my postings is perfectly fine with me but you may wish to check the spellings.:D

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Forgot to say keep all doors and windows locked and if you have a car thats not on finance might be worth parking it round the corner til we can get you a payment plan sorted.:)

All advice offered is based purely on my own dealings and the help and support i have had from this site.

 

Copying an of my postings is perfectly fine with me but you may wish to check the spellings.:D

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Forgot to say keep all doors and windows locked and if you have a car thats not on finance might be worth parking it round the corner til we can get you a payment plan sorted.:)

 

Yes remember that the bailiff cant force entry to your house unless a window or door is open, lock garage if you have anything worth taking in it.

 

They have no right to force entry.

 

As slim rabbit said they can make a levy on your car even if its in your wifes name and shes not on the liability order, if she lives with you shes liable for the council tax also. So you might need to park elsewhere.

 

If the bailiff cant make a levy" seize" on anything he cant start to charge you for stupidly large fees such as "enforcement fee" "attendence to remove fee" although they do try!

Dont speak to the bailiff on the phone put everything in writing and send recorded delivery.

 

Like slimrabbit said more info= more help ;)

 

By the way I think 14 days that they have given you is great!....I got 24hrs! But i still managed to halt it, so dont give up and stick with this site :)

Edited by dawnwb
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The bailiffs have kleft a notice through my door today requesting immediate payment of £700.00 will not negotiate and requires in 14 days any body got any suggestions :sad:

 

If you have been issued with a Liabiity Order for council tax arrears, you don't have to negotiate with Rossie's bailiffs - just start making payments to the council direct electronically - quoting your reference number, etc so that they don't set the repayments against your current year's CT bill. It is not unlawful NOT to deal with bailiffs.

 

The National Debtline have a really good income and expenditure sheet to calculate your disposal income (if any) - and its reasonably generous - work out what repayment you can make to the council and stick to it. Just remember that CT is a priority bill. I currently only pay £12,50/month for an outstanding CT balance of some £1,200. So please don't give up hope.

 

Don't forget to keep your windows shut and your doors locked, move your car well away from your home and remove everything from outside your property, eg. garden tables/chairs, etc.

 

DON'T let Rossies intimidate you - they think they're rotties but, in reality, unless they can levy on something, they're just paper toothless tigers!

 

I'm sure lots of other fellow CAGgers will give you great advice.

 

 

Impecunious! :)

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Pay something online and hand them the printed receipt and tell them to go away. You have a right to ask the council to take this back and negotiate a reasonable settlement, which they WONT get if the bailiffs are involved. You need to tell the council that if you pay the bailiffs last years amount you won't be able to pay this years amount therefore comprimising your liability again - they should listen - if not go to the CAB who might be able to help call off the bailiffs. They have a lot of deailings with the council on this subject.

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No!!! I was wrong they said they are coming back today!!!!!! daughter is 28 she tried talking to them yesterday but they were having none of it thanks for advice so far

 

Dont open the door to them. If you want to tell them something put it writing to him and give it through letter box.

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Firstly the bailiff should not even get into a discussion with your daughter regardless of her age, unless she is also on the liability order, no bailiff is allowed to discuss a debt with a third party unless they have been given permission by the debtor.

I think you really have only two choices here as this debt has to be paid, either phone the bailiff and ask for a reasonable repayment schedule to be set up or ask the council if you can pay them directly. If you can afford to pay off the amount you owe then I suggest you pay it straight to the council via their online payment methods. If you pay the bailiff you will incur charges of the two visits that he has made which is £42.50. If you are in financial hardship I suggest you contact the council and tell them about this.

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Have just paid £40.00 on line straight to council got ref no from my inbox because I was making an attempt to pay this earlier in the year. I haven't spoken to any one from the council yet and rang daughter she says no one has been yet.

 

 

AS bailiffs often add on illegal charges, it would be helpful if you could tell us how much the council-tax bill is for and how much the bailiffs have added on in charges.

 

We can then tell you how much the bailiffs are fraudulently trying to extract from you (which may well be a lot!)

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if the bailiff cant get a levy he will eventually leave you alone

keep paying the council

when the bailiff finds out you are paying the council this may cheese him of

so don't let him in hide your car don't leave things in the garden Lock garage garden shed

 

next thing you need to find out is why he has added £252.50 in bailiff fees this is defiantly wrong

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bailiff charges are very wrong here.. way way too much. If the bailiff has only visited you and not taken a WPO then all you should owe is for two visit. This is a good reason for why you should contact the council and ask them to take the debt back as the bailiff is trying to charge you illegal charges.

You can write to the council requesting that they investigate this matter and ask them to request a full break down of the bailiff charges. The council are responsible for the bailiff actions regardless of what they might say.. ie 'its in the hands of the bailiffs etc' The council are aware or should be aware of what the bailiff can and cannot do and can and cannot charge.

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Rossendales will try and say they have charged you the following

1st Visit £24.50

2nd Visit £18.00

Levy £38.00 (based on £434.04)

WPO £12.00

Van Fee £160.00

 

Total £252.50.

 

 

Have they been in the house before ever? Do you or your partner park a car outside they may have levied without you knowing it!

 

I think you need to send of for a Subject Access Request and a FULL COMPUTER SCREENSHOT of your account. Do this today via email and registered delivary.

 

If they havn't levied then they must remove the van fees and the levy fee. Until you get your breakdown do not pay the bailiffs anything.:)

All advice offered is based purely on my own dealings and the help and support i have had from this site.

 

Copying an of my postings is perfectly fine with me but you may wish to check the spellings.:D

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Please excuse my ignorance what is a levy ? and no they haven't entered my property at all and as far as I know they don't know what I look like or what car I drive:confused:

 

When a bailiff visits his intention is to get mony out of you and have the debt paid.

 

He can as you will have read be legally allowed to charge you for two visits under the Council Tax Admistration and Enforcement Regulations.

 

They will then perform a levy or seizure on your goods this then makes them the leagal ownership of the bailiff and if you do not pay the debt then they can remove them and sell them at auction to recoupe the cost of the debt. Or at least that the theory. Really its an excuse to charge you more money, the levy fee is based upon the amount you owe and with the figures you have given £38.00 seems right to me.:(

 

However this is normally only charged after the second visit so in order to maximise on the amount they can charge you. im pretty certain that they can't charge for a levy on the same day as a 1st or 2nd visit fee.

 

They can perform it on a car parked outside and its not unusual for them to pick any car in the immediate area. My advice would be to ring the bailiff or write which ever your more comfortable and ask him for a breakdown of fees and what he has levied on.

 

If the levy is unlawful and they won't remove the chages we have the basis for a serious complaint:)

Edited by Slimrabbit
Information misleading my mistake.

All advice offered is based purely on my own dealings and the help and support i have had from this site.

 

Copying an of my postings is perfectly fine with me but you may wish to check the spellings.:D

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Please excuse my ignorance what is a levy ? and no they haven't entered my property at all and as far as I know they don't know what I look like or what car I drive:confused:

 

its not ignorance

 

when a bailiff levy property they use this to secure payment if they don't get payment the goods are removed and sold if an agreement to pay is made with the bailiff and you miss payments this gives the bailiff the opportunity to add a van fee

 

a bailiff can charge a fee for this levy

 

don't be surprised if the bailiff says he has a levy on a car

believe or not it doesn't have to be your car but if there is a car in your drive or in the street parked outside your house he has the right to assume it yours

 

having said that if the bailiff has levied a car he should have left a walking possession agreement listing the car and the charges incurred

and he wouldn't be first bailiff to post a levy through your door after you complain about the fees so don't park you car in the street

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Council tax bill is £434.04 bailiffs want £686.54

 

 

 

Am I reading these fees right ? What S***e is this?

 

stressed and harassed, please write an official complaint letter to the Ministry Of Justice, Petty France, London. Check the net for their full address.

 

There is NO WAY they can legally charge you fees of this amount. Full stop. Period.

 

Also you would be doing yourself and others a big favour if you write an official letter of complaint to the council concerned too.

 

In the meantime, ignore the thieves and pay the council directly. Park your car down the road too.

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As much as i agree that the fees are excessive they are right and are set down in law, the only grey area is the van/enforcement/attending to remove (or whatever they want to call it) fee as the government legislation states that the bailiffs can charge 'reasonable fees/costs' .

 

what is deemed as reasonable is anyones guess but none the less these fees are set down in law.

 

Of course you should still play hide the car and i stress again to get a copy of your Screenshot and subject access report to se when they levied against you what dates the visits where conducted on etc etc. Only once you have these details can we look at formulating a proper complaint.

 

Until then windows and doors locked, car hidden and pay the council what you can afford and nothing more.

 

Slim

All advice offered is based purely on my own dealings and the help and support i have had from this site.

 

Copying an of my postings is perfectly fine with me but you may wish to check the spellings.:D

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What did the letter say on it when they visited?

 

Did it say notice of seizure? ( which is called a Form7)

 

If it did it should have a list of the items the bailiff seized (made levy on).

If you havent got one of those forms that means they have not made a levy and they can not charge you more than is set out in the guidelines for collecting council tax.

 

Look at the paperwork they left at your house and if in doubt scan it and cover personal details and post it here for us to look at, check the back of it also.

 

The law states that in order to charge for removal costs i.e Vans then the bailiff MUST have given you a notice of seizure with an inventory of the seized goods, or left one at your house if you were not in at the time he made the levy.

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