Jump to content


  • Tweets

  • Posts

    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5310 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

After reading through some posts on bailiff threads, i hope somebody could help with my situation, i had bailiff turn up today (6/10/09) and he gave me a bailiff removal form for C/T, i noticed him sat in his van outside before he came to door, he handed me an envelope, said he was bailiff from Rossendales and then left. The form say's payment due in full - 24hours, the form has £514.81 due but just before that there is a clear figure of £564.81 scribbled out, i went onto Rossendales website and there is a payment function there where it tells you what is owed the figures are completely different, they say - to pay = £326.31, Fees = £78.50, Bal = £404.81.

 

I owed part of last years C/T and paid that eventually after many phone calls from rossendales and to the council as i would like to deal with them direct.

 

What i dont get is the actual bill for 09/10 C/T is £482.18, a difference of £32, and according to thier web page there is a difference of £78.

 

The other wierd thing is the amount on their web page is strangely similar to 08/09 C/T which was 306.31, but as far as i am concerned that has been payed.

 

Could anyone give me any advise, i have a feeling he will turn up wed 07/10 (today, as already passed midnight), as the notice gave 24hrs and then he will seize goods.

 

Also just to add that i do have a car on the driveway but it's in my dad's name and i have the log book to prove that.

Edited by 1_dadof_2
Add info
Link to post
Share on other sites

No he didn't come in, he didn't even seem interested in getting in, nothing signed either, he just handed me the bailiff removal form (after being sat outside in his large mpv), the envelope was still wet so i am guessing he wrote it before he came to the door.

Link to post
Share on other sites

You're sorted then - should he return today make it very clear that you are not letting him in and keep the doors locked and the windows closed.

 

Notwithstanding any crap he may tell you, he has no right of entry unless allowed to enter "peaceably". Should that courtesy have been extended previously he can then force an entry to get back in later.

 

Someone posted an excellent letter to hand a bailiff through a letterbox stating this point a couple of weeks ago if you search through other posts you will find it.

 

He will know the vehicle is not registered in your name as they check with DVLA.

 

Good luck!

Link to post
Share on other sites

Cheers spit, one thing concerns me, (i may just be being paranoid but) because of differing amounts that they are asking for i have a feeling they are trying to collect on council tax already paid to them for 08/09 C/T, i feel like they are taking the p***, because i paid them last years C/T with no fight as i wasn't really aware of what they could do, and paid it in varying ways, like on thier web and phone via CC and some paid to the bloke on the door, so i am not even sure what and how much i am paying them.

 

For e.g the last thing i paid was to a guy on the doorstep and he wrote out a "Rossendales Official Reciept" with ref no which doesn't correspond with anything, how much paid (which was £25.86) and in the balance outstanding line he wrote "nil" (as in we owe nothing).

 

I have seen posts about SAR, but i would not know what to put, would this be the best course of action, my wife will be at home most of the day with our 2 yr old, and i am more fearful for her than anything.

Edited by 1_dadof_2
add info
Link to post
Share on other sites

I'd write to Rossendales asking for a breakdown of the figures they are claiming pointing out the discrepancy between the letter and their web site and check this against the latest statement from the council, or call and ask them for the outstanding balance.

 

If its a difference of between £404.81 and £514.81 that's exactly £110 which you can bet your life is some kind of extra fee the bailiff thought he would apply to line his own pocket, as they tend to think in round numbers as these obviously require less fingers to add up the total...

 

Until they actually levy they are restricted to the first and second letter charge regardless of how many times they call and bother you.

 

You need to brief your wife on today's plan of action.

Link to post
Share on other sites

Would e-mailing them suffice, i don't have access to a printer and my hand writing is crap to say the least, as requesting a breakdown i understand i don't have to pay for.

 

I noticed that the difference you worked out was £110, that worries me as when reading through other posts that is a fee for van attendance (is that correct) but i have had no levy (WP) of my knowledge (may have done on the car but nothing given to us), would they have done this (added van fee, as he turned up in a large mpv that looked like a van).

Link to post
Share on other sites

Cheers spit, i was looking for clarification because he turned up in a van and the removal form says "I have attended today with the intention of removing your goods and chattels as are necessary to discharge the above debt and any additional enforcement costs incurred" it also says "I will re-attend your address at my convenience and may remove goods even in your absence"

Link to post
Share on other sites

Spitfire is correct in his assumptions and advice. Also get on to the Council and ask for the amount on the Liability Order and also on the current amount outstanding - they have to give you these. As Spitfire has said it is important you get a breakdown of fees and charges, including a screenshot, of your account to date with Rottendales.

 

Even though the car is not yours I would imagine he will still levy/clamp it hoping to use it as a bargaining tool and extra charges.

 

You can still pay the Council direct by using their online service which allows you to make payments. Do not under any circumstances let him into your house.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

You're sorted then - should he return today make it very clear that you are not letting him in and keep the doors locked and the windows closed.

 

Notwithstanding any crap he may tell you, he has no right of entry unless allowed to enter "peaceably". Should that courtesy have been extended previously he can then force an entry to get back in later.

 

Someone posted an excellent letter to hand a bailiff through a letterbox stating this point a couple of weeks ago if you search through other posts you will find it.

 

He will know the vehicle is not registered in your name as they check with DVLA.

 

 

Don't take this last sentence as a given fact! In most cases they actually don't check with DVLA and will randomly take nearby cars and then claim the onus is on you to prove it is not your vehicle and not them to prove it is!!!! Watch out for this.

Link to post
Share on other sites

Don't take this last sentence as a given fact! In most cases they actually don't check with DVLA and will randomly take nearby cars and then claim the onus is on you to prove it is not your vehicle and not them to prove it is!!!! Watch out for this.

 

Thanks k1mmie, i can prove it's not mine as the car docs with my fathers name on it as the owner is in the glove box, i also use this car for work and i have business insurance as well as personal, which is stated on the insurance cert.

 

I am gunna draft a letter for breakdown of charges which include the C/T as well as what fees have been added, and also ask why there is a discrepancy in pounds between their website and there liability order.

 

BTW does anyone have the e-mail addy for Rossendales as i can't find it anywhere. thanks

Edited by 1_dadof_2
Link to post
Share on other sites

Ok will take them out of the car, have been trying to get through to the council to ask them for the actual owed amount but no luck just says operators are busy, will have to go by the original amount of C/T owed which is £482.18, and write to Rossendales asking for a full breakdown of C/T and fees.

 

Have just found this -

 

"Are there any goods that the bailiff cannot seize?

Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:

  • tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;"

Does this mean he cannot levy upon the car as i use it to travel between clients and have personal as well as business ins.

Edited by 1_dadof_2
Link to post
Share on other sites

 

Someone posted an excellent letter to hand a bailiff through a letterbox stating this point a couple of weeks ago if you search through other posts you will find it.

 

 

 

 

Think this may be the letter referred to above.

 

To: [NAME OF BAILIFF]

 

BY HAND

 

[DATE]

 

Dear Bailiffs,

 

Re: Your visit to [1st LINE OF ADDRESS]

 

The council appears to have instructed you to recover council tax arrears from me however, however there is an irregularity with your fees and is contrary to legislation.

 

This letter gives you notice that you are being denied peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Please be advised it is not a "criminal offence" to deny a bailiff entry to my property, if you suggest otherwise I will report you to the police under Section 25 of the Theft Act 1968 and you may receive a criminal record . Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox.

 

A bailiff 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 within 24 hours from now 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 you are certificated, a Form 4 will be filed.

 

This document has been passed to you by hand and a photograph of you standing outside reading it has just been taken as proof of delivery. I now ask that you quietly leave the property.

 

Yours Faithfully

 

 

YOUR NAME

 

 

Good luck :(

 

Link to post
Share on other sites

Ok will take them out of the car, have been trying to get through to the council to ask them for the actual owed amount but no luck just says operators are busy, will have to go by the original amount of C/T owed which is £482.18, and write to Rossendales asking for a full breakdown of C/T and fees.

 

Have just found this -

 

"Are there any goods that the bailiff cannot seize?

Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:

  • tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;"

Does this mean he cannot levy upon the car as i use it to travel between clients and have personal as well as business ins.

 

I am afraid that they will still try and make a levy on your car as its not used specifically for work purposes they can say that you can take a cab or catch the bus, how ever if your car is subject to hire purchase or lease hire then they cannot take it or if your car is used as a disabled vehicle they cannot take it

Link to post
Share on other sites

by the way and I am probebly repeating what some one else has said, but he can only charge you for one visit so far and that is £24.50, if he makes another visit then he can add a fee of £18.00 thats if no levy has been made and he can only levy if he has made a peaceful entry into your home or he has been crafty and levied on your car. he cannot charge you for a visit and a levy fee its one or the other. thats all he can charge for for now.

Link to post
Share on other sites

I am afraid that they will still try and make a levy on your car as its not used specifically for work purposes they can say that you can take a cab or catch the bus, how ever if your car is subject to hire purchase or lease hire then they cannot take it or if your car is used as a disabled vehicle they cannot take it[/quote

 

Bailiffs will tell you anything, they told us they 'could indeed' take our car even when informed it was a disability car. DON'T LISTEN TO THEM, take the advice you are being given on here, I am having similar problems myself, so I understand, but this forum is now my bible!!:) There are wonderful, well informed people on here who will help you.

Link to post
Share on other sites

I hope you put that bailiff in his place as they cannot take a disabled vehicle at all and if they did they could indeed be in a lot of trouble. If a car is registered as a disabled car it should state on the TAX disc so the bailiff dosnt even have to do a DVLA check to see or not. even with badges or no badges showing

Link to post
Share on other sites

I have spoken to a nice lady at the C/T office and have explained the situation, she informed me that Rossendales have 2 liability orders one for 08/09 which = £326.31 and one for 09/10 which = £177.86 the total being £504.17 (Rossendales trying to ask for £514.81), but here is the strange thing, a bailiff came to the house on 22nd of sept and said we owed C/T of 177.86 plus fees which was their total of £205.86, we paid this in two parts and have kept both receipts one of which says balance owing - NIL, but neither receipt reference refer to any documentation that we have. Now that means to me that we have paid 09/10 C/T and only owe 08/09 outstanding amount of £326.31, but they seem to be trying to collect on 09/10 twice.

 

I am afraid that they will still try and make a levy on your car as its not used specifically for work purposes they can say that you can take a cab or catch the bus, how ever if your car is subject to hire purchase or lease hire then they cannot take it or if your car is used as a disabled vehicle they cannot take it

 

The car is not subject to HP or LH, and the car IS used for work as i have to have business use on it as i drive to multiple locations throughout the day as i look after vulnerable children and adults, so taking a cab is hindering my work.

 

Any idea's please.

Link to post
Share on other sites

To: [NAME OF BAILIFF]

 

BY HAND

 

[DATE]

 

Dear Bailiffs,

 

Re: Your visit to [1st LINE OF ADDRESS]

 

The council appears to have instructed you to recover council tax arrears/parking ticket from me however, as I have already cleared all debts therefore no money is due.

 

This letter gives you notice that you are being denied peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Please be advised it is not a "criminal offence" to deny a bailiff entry to my property, if you suggest otherwise I will report you to the police under Section 25 of the Theft Act 1968 and you may receive a criminal record . Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox.

 

A bailiff 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 within 24 hours from now 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 you are certificated, a Form 4 will be filed.

 

This document has been passed to you by hand and a photograph of you standing outside reading it has just been taken as proof of delivery. I now ask that you quietly leave the property.

 

Yours Faithfully

 

 

YOUR NAME

 

 

Borrowed from HT:p

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

Link to post
Share on other sites

You definatley need a breakdown of fees as they can't usethe same levy for two years. Will have a look for a breakdown of costs letter.

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

Link to post
Share on other sites

Cheers slim, i am writing a breakdown of cost letter tonight when i have a bit more peace, but i was also thinking of sending SAR (purely because i don't know exactly how much has been paid to them) for all details held about us for the last 6 years (i know the records don't go back that far but i know that is what i can ask upto) i just have no idea how to write that because all the SAR's i have come across have all been geared towards bank charges or CCA.

Link to post
Share on other sites

Guest Happy Contrails
You definatley need a breakdown of fees as they can't usethe same levy for two years. Will have a look for a breakdown of costs letter.

 

 

The Bailiff Company

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 itemised breakdown 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 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 arrestable 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.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data as defined under the Data Protection Act 1998.

 

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

Copied to: [NAME OF COUNCIL]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...