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    • Did you take screenshots or anything of the descriptions that you gave? Do you have any evidence to support you say? In any event, you paid for the insurance, you declared the parts having given the descriptions and they accepted it all on that basis. You have begun the claim procedure yet so I suggest that you do so. We'll see what happens. In any event, it could be said that the various sections are contradictory. Parts relating to vehicles are containing three separate sections and it is relatively difficult to discern which section a particular part should come into. Section 69 of the consumer rights act relates to ambiguities and basically says that an ambiguity must be interpreted in favour of the consumer.  
    • I have booked a Hotel/Flights Package with the above paying a 10% deposit with the balance due a month before travel next August.   On looking at Cancellation Charges they virtually say 100% 84 days out plus.   According to the Package Travel and Linked Travel Arrangements regulations 2018 - termination fees have to be "Reasonable and Justifiable"   I find it hard to comprehend how last minutes charges could fall into the above description.   For example the hotel is available on Booking.com for our dates with no pre-payment and free cancellation up to the day before arrival.   I'm not sure of their arrangement with BA but the tickets we reserved have doubled in price in the last week and could easily be resold.   I can't find any anecdotal evidence or Court Cases relating to them trying to collect Cancellation Charges from people who have not already paid the full balance and cancel. If I were to cancel 8 months out is it likely they would pursue me for the remaining balance.    
    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
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when i got home tonight i found 1 of these cards posted through the door. i telephoned the person who had posted it and he confirmed it was for none payment of council tax,as it was too late to phone the council to find out how much is owing,about 6 weeks ago i recived a letter from the council threatening me with the bailiffs which i thought was then paid up, tonight i have found out it was only paid up till the end of october, i now understand the arrears to be in the region of £600. for various reasons at this moment i only have £100 in my bank, i need this for fuel to get to work, the next time i would be able tl pay something is on the 30th dec, although i wouldnt be able to pay it all at that time i could probably afford to pay it over 3 months, could anyone give me advise on which routeto take and which letters to send and who too

thanks

saint-luco


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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have the bailiff been in your house????if no then just pay the council direct pay what you can afford don't let them in...

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so no letters to anyone, just pay direct to the council when i can afford it and how much i can afford


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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By doing that you're showing a willingness to pay. No court will send you to prison for trying to pay up, and like I say to people, find out if you can pay via their website, as that way you can get a printable receipt which you probably can't get over the phone.

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telephoned the council this morning and spoke to a very nice lady who explained that i had to deal with the bailiffs not the council but after a while agreed to mark my account with the payment scheme i had suggested. the total owed is £515, she was actually quite sympathetic as we have allways paid on time, she wished me luck and said "whatever you do dont let them in".

so ithen fired off an email to the council and the bailiffs, printed them and sent them recorded delivery. this is the copy of the letter/mail

 

Dear Sir/Madam,

Re: Your Reference

 

I understand ***** Council has appointed you to recover my Council Tax Liability arrears for 2009 of £515.00.

 

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. Today I contacted the council and informed them that I will be making direct payments to the council of £100 on 30/12/09, £100 on 27/01/10, £160 on 01/02/10 and the remaining £155 on 01/03/10 or nearest working day after these dates

 

It should be noted that I am not at any point refusing to pay this debt..

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to receiving this within 14 days.

 

I am sending the council a copy of this letter and requesting that it be filed with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

Please ensure all future correspondence is to be by mail only.

 

Yours faithfully,

Edited by saint-luco
remove name

I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone

 

Watching this with interest as I have sent same kind of letter to our Bailiff and I imagine the response will be the same.

 

I intend to keep mithering the council to take the debt back and keep making payments. I have forwarded proof to Bailiff that council have accepted payment via online service.

 

Interesting to note that they intend to continue enforcement action when they are fully aware that you dont intend to allow a levy. Without a levy they can do naff all other than harrass you which I believe is illegal ?

 

I will be keeping doors and windows shut, wont be answering door to anyone and will be keeping my digital camera and phone at the ready. The minute they turn up at 7.30am, block the drive and start threatening me then I will record the lot, ring the police if necessary and then arrive at council offices the minute they open and provide the proof of bailiffs actions. Please note I am not saying this to scare you but to prepare you ;)

 

That letter has been sent in order to frighten you into paying them, they may never come again.

 

Good luck with it.

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have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone

 

There is nothing anywhere that says you have to deal with a Bailiff. As long as you stick with the plan you have given the Council all will be well - a note of caution though, due to delays in the banking system you should pay a few days earlier so that they receive their money on the due date.

 

As for the bailiff just totally ignore him and any demands they may make. You will already have incurred charges from them but as long as they do not obtain a levy on any goods the most they can charge you are the 2 statutory visit fees which total £42-50 - you will have to pay these. I can see they are going to tell you that they will enter by force, get a locksmith in your absence, have you arrested etc - all hot air and if you can try and record them doing this.

 

Eventually they will move on but in the meantime man the barricades.

 

PT


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have they actually told you what is now the council tax balance (after you made the last payment) and how much they think they are entitled to enforce? I think this is a "how dare you not pay my extortionate fee's" letter, ignore them and carry on making regular payments direct to the Council, keep doors and windows locked and if they turn up refuse to speak with them.

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the balance is £550 and their charges are £24.00 so far. i think there may be a problem as they have spealt my partners name wrong so am trying to contact council to see if that will make them take debt back, anyone know if this will affect the liability order?


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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the balance is £550 and their charges are £24.00 so far. i think there may be a problem as they have spealt my partners name wrong so am trying to contact council to see if that will make them take debt back, anyone know if this will affect the liability order?

 

On the basis of probabilities a slight spelling mistake will make no difference as it is assumed they have the right person eg

Partners name Mr Wright

On forms it comes as Mr Right or Mr Write, usually taken to be OK but if it comes as: Mr Smith then that is totally different.

 

PT


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

 

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be very very careful where you park your car if the bailiff cant get in to your home to levy they will levy your car so keep it well away from the house is the car on finance

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i got a bank loan for my car, i do need this for work as there is no public transport to where i work also i start at 05.00 so need it, also since i had a heart attack 2 years ago i struggle to walk any distance, so a walk to the station is out of the question


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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Are you registered as disabled and do you claim any allowances eg disability living allowance. Are you waiting to have surgery to sort out your heart condition...if so you may be classed as a "vunerable person"

wd


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no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away

 

I am sorry to hear of your illness

 

HOWEVER...it would apear that your circumsrtances are classed as "vulnerable" according to the National Standards for Enforcement Agents and accordingly consideration shoulf therefore be given for the bailiff company to return the debt back to the local authority.

 

You need to ensure that a letter is send by e-mail to the company TODAY.

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I am sorry to hear of your illness

 

HOWEVER...it would apear that your circumsrtances are classed as "vulnerable" according to the National Standards for Enforcement Agents and accordingly consideration shoulf therefore be given for the bailiff company to return the debt back to the local authority.

 

You need to ensure that a letter is send by e-mail to the company TODAY.

 

have you a link please


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away

did you know you can claim for disability allowance if you have got a heart condition and still keep working my uncle had a heart attack a few years ago and he has claimed it and is still working thought this might be of some help to you....

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Hi Saint, I would certainly expect both your heart condition and thrombosis would be classed as serious. The following is from the national Guidelines for Bailiffs [i don't have a linky thing but google if you so desire]:

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

You could write to your local council informing them of this and request that the debt is taken back. They should be aware of the guidelines and do so. [Amusingly, the Bailiff should recognise you as vulnerable and notify the court/council accordingly. I wonder if any actually do?]Alternatively, the Ministry for Justice recommends that you apply to the appropriate Magistrates Court for a re-hearing.

 

Don't be put off by the word 'Guidelines'. These are the standards Bailiffs should work to and any council seeking best practice would recognise this.

 

Rae

Edited by RaeUK
typoo

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have spoken to the senior recovery assistant at the council, he has agreed to call off the bailiffs for 20 days to allow me to get evidence of my illness to him and whyte & co. also i will try to arrange a loan with my employer to pay the bill in full. thanks everyone for their help


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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have spoken to the senior recovery assistant at the council, he has agreed to call off the bailiffs for 20 days to allow me to get evidence of my illness to him and whyte & co. also i will try to arrange a loan with my employer to pay the bill in full. thanks everyone for their help

 

Good luck and fingers crossed for you.

 

PT


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

 

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So pleased to hear that, Saint. I hope all goes well for you and do keep us posted. :)

 

Rae

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last update for you, have seen the doctor and am getting a letter to give to the council, went to see my boss, the tax will be paid tomorrow morning also when i saw the doctoor she said this has gone on long enough and has got me an appiontment with a vascular surgeon before christmas, so hopefully an operation soon after. once again thank you all for the brilliant advice and support given

 

luco


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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Good news saint - ha! Who'd have thought a brush with your friendly neighbourhood bailiff would help you get a quicker appointment for surgery? Now that's what I call a result.

Good luck

Rae

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