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    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
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rossendales/Council tax pain in the rear ***WON***


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Not a prob HW.. We all have bad days ;) Bailiff's was yesterday pmsl

 

17th February 2010, 20:32 #3 (permalink)

hallowitch

Classic Account Holder

 

send him £24.50 1st visit fee tell him that under The council tax (administration and enforcement ) regulations 1992(amended )

regulation 45 charges connected with distress this is all you are legally entitled to pay

However if they want more fees to send you a screenshot of your account

after you have received this and depending on what it contains will depend on what further action you will take regarding the remainder of the fees they are trying to collect

you may have to pay a 2nd visit fee of £18

 

 

 

I listened to you .. Thanks for your help and have a beer/wine on me

 

Eggy12

 

 

I'm glad you found that post :)

 

I read the whole thread loads of times and it was bugging me i new it was wrong but i couldn't figure out why it was wrong

 

then it dawned on me they can only levy on the amount of the liability order

 

must be the vodi and irn-bru :)

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LOL Just had a call from bailiff and left message on phone, lost count of the times he said "we just want to resolve this matter" and his now... Going to reduce the bill to £84 as a gesture of good will !!!! How nice of him, and could i ring him back to make a payment to resolve this matter..

 

I will ring back when ive got the info i requested thanks

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LOL Just had a call from bailiff and left message on phone, lost count of the times he said "we just want to resolve this matter" and his now... Going to reduce the bill to £84 as a gesture of good will !!!! How nice of him, and could i ring him back to make a payment to resolve this matter..

 

I will ring back when ive got the info i requested thanks

 

:rolleyes:

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LOL Just had a call from bailiff and left message on phone, lost count of the times he said "we just want to resolve this matter" and his now... Going to reduce the bill to £84 as a gesture of good will !!!! How nice of him, and could i ring him back to make a payment to resolve this matter..

 

I will ring back when ive got the info i requested thanks

 

You'll know you've won when:

"we just want to resolve this matter" and his now... Going to pay you £18 as a gesture of good will !!!! :D

 

Noli nothi permittere te terere

 

PT

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Oh how things change lol.. Just had someone tap at the door but did not answer as playing a new PS3 game :D

 

Left Walking possession order in letter box !

 

I take it he must be trying to cover his butt ?

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His Notice of Seizure should have been left with you on the day it was done - no doubt they will find a plausible excuse for that.

 

Is it possible we can go back a few steps. Ring the Council and ask when your account was cleared - do not tell them why you want this. I believe hallowitch has already said that they cannot charge a levy fee and ATR fee the same day, so that already makes his Notice incorrect. If you can prove that he has levied on his fees alone then he will have more problems trying to enforce this.

 

If he has supposedly levied your old car:

Are the details correct

Taxed

Mot

Driveable

Value

 

PT

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Online council tax statement

 

HomeYour accountOnline balances

Balance Outstanding: £0.00

 

All Account balances were last updated on: 18/02/2010 at 13:17 pm.

 

 

 

Eggy12

 

I Owe the council nothing

 

Im going in tomorrow to stamp my feet about this, apart from the obvious what else should i complain about ?

 

Eggy12

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My armoury for tomorrow and for any future events is the letter dropped through my letter box on the 17th Feb (see post 34)

Breakdown of charges

http://i259.photobucket.com/albums/h...s/scan0005.jpg

along with

http://i259.photobucket.com/albums/hh289/eggytwelve/Rossendales/scan0001-1.jpg

Followed with todays "back dated" (3 weeks) letter posted today

Walking order 1st side

http://i259.photobucket.com/albums/hh289/eggytwelve/scan0002.jpg

Along with recorded message from bailiff wanting to come to arrangement after getting email asking for name of bailiff and what court certified at !

 

8th March 2010, 16:52 #37 (permalink)

eggy12

Basic Account Holder

 

Watch out, there are Claims Touts about!

 

Cagger since : May 2006

Posts: 124

 

Re: rossendales/Council tax pain in the rear

Will this suffice ?

 

After receiving your reply to my request for a charges breakdown and screenshot of my account, I would like to ask what goods were levied and why there was no notice of seizure of goods and inventory left at the time of the alleged levy.

I now also require the name of the baillif that caried out the levy and what court he was certificated at on what date.

 

May I remind you about the "The Council Tax (Administration and Enforcement) Regulations 1992" as you are bound by it;

 

The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

(a) an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

(b) a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.

 

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

 

I also ask for a copy of your complaints procedure as I note from your records I have paid for 2 visits when in fact the Liability order was paid 'In Full' after the first visit and before the second and I am awaiting a refund for £18 due to myself for your mis-handling of this case along with an offer of compensation for my "Distress".

 

A copy of this e-mail will be sent to XXXXX Borough Council to be held on file and will be used should it be if necessary to take this matter further.

 

Eggy12

Edited by eggy12
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Online council tax statement

 

Originally Posted by eggy12 viewpost.gif

HomeYour accountOnline balances

Balance Outstanding: £0.00

 

All Account balances were last updated on: 18/02/2010 at 13:17 pm.

 

 

 

Eggy12

 

 

 

 

I Owe the council nothing

 

Im going in tomorrow to stamp my feet about this, apart from the obvious what else should i complain about ?

 

Eggy12

 

I saw that post but that was dated after they supposedly levied on your car. You need to find out from the Council when payments were made to your account and at what status it was left in. Your Post No: 27 gives this info:

 

Summary

 

Date Type Amount Amount outstanding

Sep 8 2009 Debt 870.71 0.00

Oct 20 2009 Visit 1 24.50 0.00

Oct 26 2009 Visit 2 18.00 0.00

Feb 17 2010 Attendance/Van 110.00 110.00

Feb 17 2010 Levy fee 24.50 24.50

Feb 21 2010 Payment byD/C 0.80 0.00

 

 

Payments

 

Oct 23 2009 870.71

Feb 21 2010 43.30

 

What you need from the Council is the status of your account as of 23/10, that will give a clearer picture.

 

PT

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Thanks PT i see what your saying..

 

l Logged onto council website and paid what was said i owed

 

Email recieved

 

Dear Mr Eggy12,

 

Thank you for your online payments!

 

This email is your official Receipt of payment, so please keep this email for your records.

 

Payment Reference: xxxx

Payment Date: 22/10/2009

Payment Time: 13:09

Payment Method: Delta

Payment Breakdown:

1. Council Tax Reference: xxxxxx (870.71)

 

Payment Total: 870.71

 

Direct Debit, the easy way to pay,

Set It and Forget It,

A mandate is a mouse click away,

http://www.xxxxx.gov.uk/counciltaxdirectdebit

 

Regards,

 

xxx Borough Council

VAT No: xxxxx

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I checked afterthatas in post here and account was zero

 

In that case I would ask that they confirm that to you in writing. I know it is more questions and letter/email writing but the more you have the easier it will be.

 

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Have had another thought and can't remember if this has been asked.

 

Do you know if the Council automatically pay the Bailiff or if it is then up to you to pay yourself?

 

I appreciate what has been said previously about you paying yourself separately in Feb but do you know what the official Council position is.

 

PT

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Well at least i can pull the ace from my sleeve here.. Well ish ! My ex wife works at local council and ive sent her a text saying that bailiff knocked when our son was at my home alone.. Gave her a quick run down and seeing as ive gave her a cheque for this months maintenance she may help me out.. Asked if i need an appointment to see CEO or can i just storm in and go off on one

:D

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Well at least i can pull the ace from my sleeve here.. Well ish ! My ex wife works at local council and ive sent her a text saying that bailiff knocked when our son was at my home alone.. Gave her a quick run down and seeing as ive gave her a cheque for this months maintenance she may help me out.. Asked if i need an appointment to see CEO or can i just storm in and go off on one

:D

 

Good one - as long as she breaks no confidentialities with you and gives you the Council line then you can quote it. Have you perchance asked the Council for a copy of the Standards etc they expect of the Bailiff's. have you also asked the Bailiff to produce his actual Court Certificate not his company ID.

 

PT

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She is trust worthy/knows what not to do.. She could take me to csa or whatever its called now as when i signed on last year she 'could' see my bank statements and what i was earning and get alot more than the agreed payments per month now but as as cagger i would cause a stink like no other if she used my classified info at the council office (Im not a none paying Dad, I see my son 3 times week so pay less and pay for his xbox games.. Far more expensive lol )

Asked Rossendales numerous times now for name and court certificate and latest mail to them seems to have produced this back dated (not a copy)walking order today so he can cover his butt..

 

Will ask for and get copy's of standards from council tomorrow, Asked bailiff during a heated exchange for National Standards for Enforcement Agents (Thanks Kel) but he said he did not have a copy tp hand, said he would be in area today so i said great, post it through letter box.. Got the back dated walking order instead as mentioned

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Going to council in a while, just found a letter from Rossendale stating council have instructed them to go ahead with claiming there fee's.. Those being 42.50 dated 2nd Feb, Armed with the info stating i paid before the second visit there figures are wrong and thus this whole thing is out of control..

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