Jump to content
  • Tweets

  • Posts

    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
    • It follows a public backlash after stores were told they could not sell items such as clothes. View the full article
    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
    • Sian Williams from Indonesia takes us through her week during the coronavirus pandemic. View the full article
    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 3917 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Can anyone advise me of my rights? I have recieved a hand delivered letter this morning saying that the bailiff will be at my house in the morning @ 8.30am with a lock smith i was under the impression that unless i opened the door or left a window open they cannot come in. I did sign a WPO a while ago and did manage to maintain the payments, but that caused me to get behind with my next council tax bill, I feel like i'm on a merrygoround that has no stops any advice would be appreciated.

Link to post
Share on other sites

the walking possession agreement you signed for your previous account has nothing to do with this new debt each liability order is a separate issue

 

are you still paying this previous debt have you missed any payments

 

Most councils give there bailiffs written permission to re-enter a property to remove goods phone the council and ask if this is the case here

Link to post
Share on other sites

The bailiffs have added the new bills to the old ones so they are all combined and requesting £175 a month. I am on a low income and my husband has been laid off from work all i wanted them to do was reduce the payments whilst we were struggling. So one is the old bill with the WPO on and the new one has been to court. I'm not sure where i'm up to at the moment.

Link to post
Share on other sites

Hi there

Council's permission for Bailiff to enter a property is about as valid as a permission from my nice Angry Dobemann Doggies (2) . :-x

 

I've trained my dogs to really bark whenever I say the word Bailiff or DCA. They go Beserk.:p

 

However you broke rule nr 1 which is NEVER EVER let them in -- as they've got a WPO I don't know what the law is now. However for each liability order its a SEPARATE issue so they can't force their way in for Liability order nr 2 even if they've entered for liability order nr 1.

 

Cheers

jimbo

Link to post
Share on other sites
Can anyone advise me of my rights? I have recieved a hand delivered letter this morning saying that the bailiff will be at my house in the morning @ 8.30am with a lock smith i was under the impression that unless i opened the door or left a window open they cannot come in. I did sign a WPO a while ago and did manage to maintain the payments, but that caused me to get behind with my next council tax bill, I feel like i'm on a merrygoround that has no stops any advice would be appreciated.

 

How many Liability Orders do you have and which one are they claiming to be coming to see you? They have given insufficient notice of their arrival so would imagine this is just the general threat & intimidation to try to get you to cough.

 

Are you on any Benefits and if so which? You state you signed a WPO a while ago do you still have a copy - post the details of the goods - you never know they may have made a mistake.

 

If they do turn up in the morning refuse to let them in, I'm sure they need a Magistrates Order to do this, hopefully someone will qualify this.

 

PT

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Hi scorpio, as Ploddertom said, what is the benefits situation in your household? I notice you say your husband is laid off and you are on a low income. I would suggest £175 a month is far too high under the circumstances.

You may fall under the category of vulnerable as laid down in the National Standards for Enforcement Agents. If so there is a possibility of getting your case put back to the council and a workable, sustainable, AFFORDABLE payment plan put into place.

Best wishes.

Rae.

 

PT, I concur, I'm sure I've read on here they need to go back to the court regarding a locksmith. Rae.

Edited by RaeUK
addendum.
Link to post
Share on other sites

I think you need to go back to the beginning with this to try and establish if you have been charged the correct Council Tax.

 

You need to ask the Council for how much each Liability Order is for, what period they cover and how much is still outstanding. From this you should be able to establish if the totals listed take any account of any Benefits you used to receive.

 

The standard reply from the Council is that you will have to deal with the Bailiff now, this comes from those on the desk or who answer the phone. If however you have good reason as to why they should take it back - telling them about Bailiff charges is not reason - you should ask to speak to one of the higher ups.

 

You can of course start to pay the Council direct either online or automated phone but please remember that as the Bailiffs fees are deducted first you would have to add them to your Liabilty totals.

 

If you believe that the Bailiff has overcharged you then you should ask the Company for a statement of your account. You also need to post details of what goods they have levied on previously as they may have included exempt goods. They also cannot rely on that levy for a 2nd order but would need a fresh levy.

 

PT

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites
I am not on benifits (i was when i got into trouble) has any one got any advice on how i get the council to take the debt back.

 

I know, scorpio, you said in an earlier post you were on a low income. However, the point I made was that the National Standards applies to the household and you stated your husband was laid off. Hence my question. I also deliberately highlighted 'may' as your case would not be strong. BUT any avenue of help is worth exploring and this might be one more little thing you can add to other routes such as your councillor etc.

Rae.

Edited by RaeUK
tie poo
Link to post
Share on other sites

thanks for all the advice i have been given. I went see a CAB adviser and together with the advice i printed off here to show her the council have agreed to take the debt back and I now have an appointment to go and see them to discuss payments. I still have to pay all charges that the bailiffs have added on but I am happy just to have them off my back.

 

So again thankyou all for taking the time to help me.

Link to post
Share on other sites

Scorpio that is excellent news, well done!

Do make sure - I'm sure you will anyway - that you take proof of income / expenditure so you can come up with a realistic plan.

Let us know how you got on.

Rae.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...