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    • Thank you all for your help/advice/responses.   I saw the car briefly yesterday - Unfortunately while I test drive cars properly on any normal day, the dealer had a number of covid-era rules and one of them was a max 15 min drive.  From the 15 mins, the car seemed fine and still has 6 months original manufacturing warranty so I'm fairly safe.  Body/interior was also fine - I accepted the car BUT...   Today I was told the balance after the part-ex (car) + the £99 deposit (credit card) can only be payable via BACS and not card.  They (Sytner group) have a £2000 limit by chip and pin.  I vaguely remember this with my current car but while they were happy to BACS on the day, Sytner need it 2 days before/latest day before.   In response to Homer67 - is this the case? Am I being silly going for BACS or is this normal practice now?  I doubt Sytner will be folding anytime soon so no real risk of the money going into a dark hole ( I hope)
    • Ok, so do you think court will be sending me a letter next for my statement?
    • I'm sure we can help you – I don't really understand the full story and I'm afraid that I still need to ask you to set it all out in a bullet pointed fashion without too much narrative. Looks to me as if you had two fridges and you've been let down and both of them and fobbed off on each one for some reason or other. You suffered losses including loss of food and you seem generally to have been mucked around. However, you need to tell us the story concisely. It seems that there are two stories so why don't you post one story about the first freezer and what happened and then post the second one. It may well be that we can help you recover compensation in respect of both of them.
    • well it looks like people are wrong here and i am confused as why i took so long to get a simple answer (and just beating around the bush) and as per PP they normally cancel on first appeal when challange.....   From PP forum   9 (2) (a) No period of parking. Moving in front of a camera, by definition, is not parking. 9 (2) (e) Invitation to keeper is not there in the required format 9 (2) (f) Notice of keeper liability is incorrect. Here's POFA: https://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted Dear Sirs, I have just received your Notice to Keeper No. xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records. Yours etc First class post with free certificate of posting from a post office. The other POFA fails will go into the POFA appeal if required.
    • you cant raise a section 75 against a retail, you have no credit agreement with them under the said Consumer Credit Act 
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GET ADVICE FIRST, bailiffs law is very complex, and even if you think that what they have done is unfair, they may still be acting within the law.

 

  • From October 1998 bailiffs have to have a certificate granted by a court to collect council tax. A complaint from you can help get the certificate withdrawn. Ask your local county court if they have a form for making a complaint. If not, write in to the court manager with details. The court will hold a hearing and can cancel the bailiff's certificate, order compensation and order return of the goods. A bailiff can be fined for collecting without a certificate. However, even if the bailiff's certificate is cancelled, it continues to have effect for any previous possession agreement unless the judge orders otherwise.
  • You can complain to the magistrates' court, and there have been cases recently where the debt has, in effect, been written off when it has been proved that bailiffs have acted illegally. This is done by making a complaint and asking for a hearing. The court can order return of the goods or compensation.
  • You should complain to the council as the bailiffs are acting as their agent. They can ask the bailiffs to look at your complaint and change their procedures. If the council won't help you could talk to your local councillor who may be prepared to take your complaint up with the council.
  • You can ask the Local Government Ombudsman to look at your complaint if the council refuse to help you.

Taken from:

Debt Factsheets - Bailiffs and Council Tax

 

Note well what is says towards the end about the Council being responsible for the Bailiffs actions. Are you speaking to someone in authority at the Council or just on the minions? I appreciate you have been having trouble contacting your local Councillor but you must persevere, however if you are being frustrated by them you need to establish you the Leader of the Council is - usually the mayor or similar and get on to them as well.

 

PT

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hi pt my local councillor has been speaking with the head of finance the replies i have got are from a council tax officer i have written to the ceo of the council as well, so my next course of action is the courts??

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just a thought when the bailiffs turned up with a van the other day i was charged for the priveledge relating to the debt guidlines are they only allowed to charge once for the van fee meaning they wont turn up again because they cant charge twice for it am a bit confused now

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hi pt my local councillor has been speaking with the head of finance the replies i have got are from a council tax officer i have written to the ceo of the council as well, so my next course of action is the courts??

 

It would appear that the person from the Council is talking out of their proverbial and hasn't a clue about how things really are. It would appear that they need to be either removed from present post or retrained. If this stems from lack of proper training then that stems from Senior Management in which case the whole Council needs to be reported to the LGO. The Bailiffs know very well what the "vulnerable" situation is and are relying on the fact that you don't.

 

"How can I complain about Rossendales or one of their employees?

Nobody is happy when a bailiff calls; however, this in itself is not a reason to complain. We are aware that we often work with individuals, families and businesses going through difficult periods which can produce strong feelings and emotions. Rossendales staff are committed to ensuring individuals are treated properly with respect and courtesy. If we have not dealt with you in this way we want to know about it.

Anyone wishing to make a complaint may do so in person, by telephone or in writing by letter, fax or e mail. If you complain by telephone we will try to resolve your complaint on the spot. Similarly, if you complain in writing we will respond promptly and in any case within 10 days of receipt. If this is not possible we will explain why and give you a new deadline.

Please note - making a complaint will have no effect on the debt that you owe or the charges that you have incurred.

We can be contacted:-

By Phone 0845 644 4100

By Email enquiries@rossendales.com

By Mail Rossendales Ltd., Wavell House, Holcombe Road, Helmshore, Rossendale, BB4 4NB"

 

 

The above is taken from Rossendales own website, they obviously are oblivious to what they themselves say.

 

 

PT

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just a thought when the bailiffs turned up with a van the other day i was charged for the priveledge relating to the debt guidlines are they only allowed to charge once for the van fee meaning they wont turn up again because they cant charge twice for it am a bit confused now

 

If they only turned up to deliver a brochure on their procedures then I cannot see why they should be allowed to charge for that. After all I don't pay Pennine Windows or similar for all the Parc they post through my door.

 

PT

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Hi wakers7, I am so sorry you're still having so much trouble. Do follow PTs advice. Given the level of ignorance and incompetence your council is displaying, they probably thought investing in Iceland would be a good idea...

Best wishes.

Rae.

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I'm sure Ive read somewhere that they can only charge for a maximum of so many "van fees" but can't remember where I saw it - I'll have a hunt. One always sticks in my mind and I think that is Salford or Trafford in Manchester who will only allow their Bailiffs to charge for 1 "van fee". But there again that seems to be reminiscent of large Labour run inner-city authorities - and no I'm not trying to start a political debate.

 

PT

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hi thanks for the reply the amount left outstanding is around £800 the goods levied is tv laptop computer freeview box, im not in receipt of benefits because my husband works, but we have 5 kids so it doesnt stretch too far, im severely depressed and have been given anti depressents by my doctor who assesed me he gave me some options pshycitrist (bad speling soz) etc etc. the levy was made about 6 months ago also. i have contacted local council to ask to take back the debt no response, im frightnened to answer the door or even go out making my depression worse

 

could you not claim job seekers allowance?

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ahh so they can come back to remove and charge again am i right? k3nny as much as i would love to go on jobseekers i would have to be activly looking for work and in my current state of health i couldnt do that but thanks for the idea tho

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