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    • The trading standards officer didn’t come back to me yesterday so I’m going to call her on Monday morning and just clarify that there is no further action she will be taking so I can proceed to submit the money claim form.    However before I do this, I just wanted your guidance on a few things please.    1.  Should I contact the trader to return his courtesy car as he has mentioned this to the Trading Standards officer?  I am not willing to drive an untaxed car, nor do I want to particularly drive to him even if he arranges the car tax, but do I contact him to arrange a suitable day / time for him to collect it from my mums address. ?    2.  Should I register my fathers car in my name? The DVLA were made aware that my father had passed but at the time, we were under the impression the car was being repaired and would eventually be returned back to us so that we could decide what we wanted to do with it (keep it vs sell it). The situation has since changed and I’m just wondering whether I should register myself as the keeper    3.  My father also had private registration plates on the which we want to keep. I know I need to fill in the relevant paperwork to retain the plates, however should I request the physical plates back from the trader? In hindsight I maybe should have included this in the letters that I sent to him, but is this something I can request via the money claim? In addition, when the keys for the car were given to the trader, they had a key ring of my son of when he was a baby. It might sound petty but I really don’t like the thought of the trader having this, so am I able to request this via the courts also?    4.  When I fill in the online money claim form, should I put my late fathers names as the claimant , i.e Mrs MY NAME as the personal representative of Mr FATHERS NAME (deceased)’.   5.  I also just wanted to have a final sense check of the wording of the particulars of claim as below.    The late Mr XXX, claimant, bought a Jaguar vehicle registration number XXXX XXX from the defendant for £10995 on 4th September 2019. Soon afterwards, the vehicle developed serious defects and despite defendant's attempts at repairs, it has continued to exhibit problems. The vehicle is in the possession of the defendant and has been with him for 21 months during the entire 22 months of the claimant's ownership. The defendant is fully aware of the nature of the defects and has been fully appraised. The defendant has supplied a vehicle which is not of satisfactory quality and the claimant has been fundamentally deprived of substantially for the whole benefit of the contract. Prior to issuing proceedings, the personal representative of the Late Mr XXX, claimant, sent a Letter of Claim to the defendant demanding payment. In the circumstances, the claimant seeks reimbursement of £10000   The one thing I am unsure of in the above  wording is the part where it says “….and has been with him for 21 months during the entire 22 months of the claimant's ownership”   Is the car still classed as the “claimant’s ownership” even though my father passed during this period and I haven’t registered the car under my name? Do I (as the personal representative/ executor) technically own the car?    I apologise for all the questions but I would really like to get this right to avoid any unnecessary delays / costs etc.    And I appreciate all your help with this   thank you 
    • Can I PM you the claim form as it has personal details? I did put in a defence. I believe it’s still open as on the government money claim website it states the claimant will be asked to go to mediation but nothing has happened. The claimant is a landlord for unpaid rent on an old tenancy.    The HCEO has already been…
    • I think there is probably a lot of confusion here. First of all it sounds to me as if there has been a judgement against you in the County Court. This judgement is for a figure greater than £600 and instead of using the County Court bailiffs who are not very effective, the claimant has had the matter transferred up to the High Court for enforcement by High Court Enforcement Officers who have a lot of teeth and will carry out a very robust enforcement. If I'm right, then there is a judgement already in place and you won't be able to get it set aside. I think you need to let us know a bit more what it is about, a copy of the claim form in PDF format would be very useful. Did you put in a defence? Why do you think the claim has still not been heard or settled? Who's the claimant? What is the value of the claim? Also you should be aware that High Court enforcement is very expensive and if the enforcement is successful then you will have the fees added as well which could be as much as £2000. There is no good news here at the moment.
    • I was reading a news article and thought that a UK Government minister looked about 65 so close to retirement.   I then read that they were only 46.    My thought for the day, is that if you want to remain youthfull looking, don't become a Government minister as the job will add 20 years to your looks.
    • All of the information you need to start dealing with this, is contained in the following link.   Income protection insurance WWW.FINANCIAL-OMBUDSMAN.ORG.UK How businesses can resolve income protection insurance complaints.     if the employer is refusing to provide information, therefore denying you opportunity to use any complaints process, you can go straight to the FOS.  Tell the employers you will involve them in a complaint, if you need to, so better they cooperate.
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Hi,

 

Any advice would be appreciated.

 

Last year, around mid-October, I my husband and myself received an "attendance of notice - the clearance of goods". Luckily we were not in and they did not enter the premises. This was for non-payment of council tax arrears, which added up to £2,072.21 because of my husbands continued redundancies and massive reduction in earnings.

 

I called national debtline, who advised because they didn't enter the premises, etc, they could not levy any goods and advised me to keep all the doors and windows locked and to park our car away from the house. They also advised me to contact the council to request that they take the debt back. I did this and the council refused. National debtline advised me to write a letter to the bailiffs requesting a note of the fees and charges, in an attempt to get the debt passed back to the council. However, in the meantime, I contacted the bailiff in question and agreed a payment plan of £346 per month over 6 months, which was more than I could afford, but this was the best he would offer me.

 

To date, I have now made 3 payments of £346, but I am increasingly finding that I cannot afford to keep this up and I am going to struggle to pay anything for February's payment. I contacted the bailiff but the best he could offer was a reduced payment of £246 by the end of February and £446 for March. I am not quite sure how I am going to meet the payment due for February and I am extremely concerned about this. This is now beginning to affect my health.

 

Any advice on what I could do would be much appreciated :Cry:

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Hi,

 

Any advice would be appreciated.

 

Last year, around mid-October, I my husband and myself received an "attendance of notice - the clearance of goods". Luckily we were not in and they did not enter the premises. This was for non-payment of council tax arrears, which added up to £2,072.21 because of my husbands continued redundancies and massive reduction in earnings.

 

I called national debtline, who advised because they didn't enter the premises, etc, they could not levy any goods and advised me to keep all the doors and windows locked and to park our car away from the house. They also advised me to contact the council to request that they take the debt back. I did this and the council refused. National debtline advised me to write a letter to the bailiffs requesting a note of the fees and charges, in an attempt to get the debt passed back to the council. However, in the meantime, I contacted the bailiff in question and agreed a payment plan of £346 per month over 6 months, which was more than I could afford, but this was the best he would offer me.

 

To date, I have now made 3 payments of £346, but I am increasingly finding that I cannot afford to keep this up and I am going to struggle to pay anything for February's payment. I contacted the bailiff but the best he could offer was a reduced payment of £246 by the end of February and £446 for March. I am not quite sure how I am going to meet the payment due for February and I am extremely concerned about this. This is now beginning to affect my health.

 

Any advice on what I could do would be much appreciated :Cry:

 

OK stop right there.

 

This is council tax arrears, so hang on in there and I will explain how you can deal with this.

 

1. Stop paying the Bailiffs as they have not gained a walking posession order.

2. Make payments to your council online.

3. Never phone the bailiff company, correspond in writing only if you have to and DO NOT sign any letters you send.

4. Write to the bailiff company requesting a screen shot of your account and a complete breakdown of their charges.

5. Lodge a formal compalint with your council addressed to chief executive and title it formal complaint. Make the complaint regarding your council's unfair treatment of you and your family and your inability to pay. make it clear you have never refused to pay.

6. Be prepared for the long haul and don't give up.

7. Keep your home secure at all times.

8. Never let a bailiff (thug in a suit) cross your doorstep.

9. Park any vehicles you own away from the house, or put them in the garage.

 

You are now in the snakepit and the vipers normally win, but sometimes us weasels actually win. I did by doing all of the above.

 

Rgds,

 

Calvi36

Edited by calvi36
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Hi madabout, and welcome.

I am not in the slightest surprised you are struggling to meet those stupidly high monthly payments. Don't feel bad about it. It's the bailiff that insisted they should be so high. I suspect he's trying to get all the money in in this financial year. I would suggest you sit down with hubby, complete a true income / outgoings list and see just how much is realistic, affordable and therefore sustainable.

I bet it isn't anywhere near what you're being forced to pay. But your figure is the one you should start paying direct to the council online. You don't have to deal with a bailiff.

Is hubby working at present or still redundant?

I am also curious about you. How is your health?

Best wishes

Rae.

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Do you know how much the Liability Order(s) is for - if not ring the Council and ask how much it is for and also how much is outstanding? As you have been paying the Bailiff do you know how much he is charging you? It doesn't matter how many times he comes to see you and providing he has not been able to levy/seize any goods he can only charge you for 2 visits maximum - 1st Visit Fee = £24-50 & 2nd Visit Fee = £18-00, Total £42-50 - any more than this and he is having a laugh.

 

PT

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Hi madabout, and welcome.

I am not in the slightest surprised you are struggling to meet those stupidly high monthly payments. Don't feel bad about it. It's the bailiff that insisted they should be so high. I suspect he's trying to get all the money in in this financial year. I would suggest you sit down with hubby, complete a true income / outgoings list and see just how much is realistic, affordable and therefore sustainable.

I bet it isn't anywhere near what you're being forced to pay. But your figure is the one you should start paying direct to the council online. You don't have to deal with a bailiff.

Is hubby working at present or still redundant?

I am also curious about you. How is your health?

Best wishes

Rae.

 

Hi Rae,

 

Thanks for the advice. We have been working on a budget sheet as we also have other debts to deal with. My husband has suffered many, many redundancies over the last 10 years or so (ever since we moved into our house together). Long story, but he was in the printing industry, which died a death, only trade he knew, had basic qualifications and has found it all a struggle. He is now an experienced fleet manager, but was even made redundance from his last secure job, last May. Although he is working at present, it is only temporary, low paid work... but better than nothing.

The advice that has been given is much appreciated, but I have to confess the bailiff terrifies me, and I don't want him to come back :Cry: !!

 

I am suffering from severe depression and now TMJ, probably caused by stress so I am in much pain. It is all very distressing. My only saving grace is that I am in a secure and fairly well paid job, and my employer is very understanding :)

 

Your advice and others is much appreciated, though I confess that not paying the bailiffs seems a rather terrifying prospect with the end result of them turning up again, despite paying the council direct. I'm still very confused by it all!! :Cry:

 

Thanks again!

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Do you know how much the Liability Order(s) is for - if not ring the Council and ask how much it is for and also how much is outstanding? As you have been paying the Bailiff do you know how much he is charging you? It doesn't matter how many times he comes to see you and providing he has not been able to levy/seize any goods he can only charge you for 2 visits maximum - 1st Visit Fee = £24-50 & 2nd Visit Fee = £18-00, Total £42-50 - any more than this and he is having a laugh.

 

PT

 

No, I have no idea. How do I find about the charges?

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Hi Rae,

 

Thanks for the advice. We have been working on a budget sheet as we also have other debts to deal with. My husband has suffered many, many redundancies over the last 10 years or so (ever since we moved into our house together). Long story, but he was in the printing industry, which died a death, only trade he knew, had basic qualifications and has found it all a struggle. He is now an experienced fleet manager, but was even made redundance from his last secure job, last May. Although he is working at present, it is only temporary, low paid work... but better than nothing.

The advice that has been given is much appreciated, but I have to confess the bailiff terrifies me, and I don't want him to come back :Cry: !!

 

I am suffering from severe depression and now TMJ, probably caused by stress so I am in much pain. It is all very distressing. My only saving grace is that I am in a secure and fairly well paid job, and my employer is very understanding :)

 

Your advice and others is much appreciated, though I confess that not paying the bailiffs seems a rather terrifying prospect with the end result of them turning up again, despite paying the council direct. I'm still very confused by it all!! :Cry:

 

Thanks again!

 

 

You have to be strong here. These parasites are not concerned about your health, your circumstances or your ability to pay. They are concerned with one aim, to take money from you. I am a tad harder hitting than most on here as I take the fight to the council, bailiffs hmmph, they aint worth jack and have very little power in the circumstances you face. So read what I have written above and act on it. You will win, trust me.

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The snakepit is your reality at the moment, so you best get prepared to fight back. I have shown you how to fight back. Once you start fighting back I bet a pound to a penny that your depression goes as you will be in control again.

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Thank you madabout.

I had to look up TMJ! I presume it is Temporomandibular Joint Disorder. It doesn't sound pleasant. That, with your severe depression, I would suggest places you in the vulnerable category of the National Standards for Enforcement Agents :

 

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

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.

 

 

Whilst not law, these guidelines form the minimum standard that bailiffs and councils should adhere to. Often as not they will forget about them. It is the duty of us, the vulnerable, to remind them.

 

 

Write to the council - head of Revenues - detailing why you feel you are vulnerable and state that you can get medical evidence for this from your GP and any other healthcare professional you may be working with. Request that the council take bake the case as it is proving to be detrimental to your health. Enclose your income / expense sheet and make a sustainable and affordable monthly payment offer. By this, I mean something not exeeding three figures! Copy all correspondence to the bailiff. Obviously, you will need to see your GP and anyone else involved in your healthcare. Don't be embarrassed, they'll be used to it!

 

 

If the council respond negatively, follow up with a Formal Complaint to the CEO.

 

 

This advice is in addition to any other advice you may get here.

 

 

Best wishes

Rae

Edited by RaeUK
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I believe health is an important issue. Particulalry when current bailiff activity can be highly detrimental to the posters health.

The National Standards are there for a reason. It is to offer a helping hand to those of us that are disadvantaged.

Whilst some councils and bailiffs may elect to ignore it, they do so at their peril. It can form a good platform for further higher level complaints.

 

Madabout, just try and relax a little. You may also choose to contact your local councillor.

Best wishes.

Rae.

Edited by RaeUK
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Thank you madabout.

I had to look up TMJ! I presume it is Temporomandibular Joint Disorder. It doesn't sound pleasant. That, with your severe depression, I would suggest places you in the vulnerable category of the National Standards for Enforcement Agents :

 

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

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.

 

 

Whilst not law, these guidelines form the minimum standard that bailiffs and councils should adhere to. Often as not they will forget about them. It is the duty of us, the vulnerable, to remind them.

 

 

Write to the council - head of Revenues - detailing why you feel you are vulnerable and state that you can get medical evidence for this from your GP and any other healthcare professional you may be working with. Request that the council take bake the case as it is proving to be detrimental to your health. Enclose your income / expense sheet and make a sustainable and affordable monthly payment offer. By this, I mean something not exeeding three figures! Copy all correspondence to the bailiff.

 

 

If the council respond negatively, follow up with a Formal Complaint to the CEO.

 

 

This advice is in addition to any other advice you may get here.

 

 

Best wishes

Rae

 

Thanks Rae,

Your advice is much appreciated. You are correct :) it is Temporomandibular Joint Disorder and I am experiencing severe pain with it, probably bought on once more by stress (I have not visited the dentist recently, so can rule that one out!). I am currently on Tremadol and voltoral to control the pain and having to have accupuncture as a form of pain relief :Cry:

 

All the advice that has been provided has been much appreciated, no fun sitting here on a Saturday night worrying about these problems, believe you me!! I will certainly try what you suggest to try and get the council to take the debt back with more realistic payments, as I am also worried about what to do when the new council tax year starts soon, as I do not want to fall behind once more.

 

Good news is hubby has an interview on Tuesday, so fingers crossed.

 

Best wishes

MadAboutTennis

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Don't spend the night worrying hunni. You have several things to do now!

I'll keep my fingers crossed for hubby...

If you need help with letters you can also get that help here.

And, as I said, my advice is only one small part of the things you can do.

Good luck and best wishes.

Rae.

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Don't spend the night worrying hunni. You have several things to do now!

I'll keep my fingers crossed for hubby...

If you need help with letters you can also get that help here.

And, as I said, my advice is only one small part of the things you can do.

Good luck and best wishes.

Rae.

 

Thanks once again, Rae!

 

Where can I find help with letters? Any starting point for templates, etc would be very useful. That would be good and then maybe they are right once I start fighing I will feel in control again which would hopefully improve my health...

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Hi, I wrote one here :

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/246824-petrified-nervous-wreck-2.html

Page 2 post 37.

Obviously you need to change a few details! If you post yours up I'm happy to check it.

Mine is based loosely on another posters letter.

Best wishes

Rae.

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Hi, I wrote one here :

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/246824-petrified-nervous-wreck-2.html

Page 2 post 37.

Obviously you need to change a few details! If you post yours up I'm happy to check it.

Mine is based loosely on another posters letter.

Best wishes

Rae.

 

Thanks, Rae. I will make the necessary amendments and post it up, if you would be good enough to check for me. I will probably do this now in the morning as I am beginning to feel in desperate need of some sleep, so look out tomorrow.

Many thanks for all the good advice and it is good to finally have some words of support from people.

All the best

MadAboutTennis

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No worries. I am, however, a bit of a night owl. I doubt if I'll be online much before early pm if not the evening, so please don't think you're being ignored.

Sleep well and may I be so bold as to suggest your dream for tonight? Don calvi's shining armour and go slay a dragon shaped bailiff...

Best wishes.

Rae.

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Hi, I wrote one here :

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/246824-petrified-nervous-wreck-2.html

Page 2 post 37.

Obviously you need to change a few details! If you post yours up I'm happy to check it.

Mine is based loosely on another posters letter.

Best wishes

Rae.

 

Hi Rae,

I took a look at the letter that you suggested and amended it as necessary. Please let me know what you think? Who should I address this to at the council, any ideas? And should it go in the post rather than an email, or both? Letter is below

 

Dear Sir

 

Reference number:

 

I am writing with regard to the above account relating council tax arrears of £X.

 

It would appear, from advice that I have received, our circumstances are classed as 'vulnerable' according to the National Standards for Enforcement Agents.

The reason for this is that I have Temporomandibular Joint Disorder (TMJ) and severe depression, both of which I am currently being treated for. TMJ disorder is a medical problem related to the temporomandibular joint (TMJ), the joint that connects the lower jaw to the skull. This can cause severe facial pain including headaches, dizziness, ear pain, pain in the facial muscles, jaw joints and dull, aching pain in the face. Stress is one of the things that can influence TMJ symptoms by making people more likely to grind their teach, clench their jaw, or tighten their jaw muscles. There is very little treatment for this other than pain relief and anti-inflammatory medicines.

I will be contacting my GP in order to obtain evidence of my medical condition for you. This evidence will be forwarded under separate cover at the earliest opportunity.

 

In the meantime, please visit the following site for further information:

 

http://www.patient.co.uk/doctor/Temporomandibular-Joint-Dysfunction-and-Pain-Syndromes.htm

As the current situation and difficulty in maintaining the payment plan is having an aggravated and detrimental affect on my health, I am requesting that it is returned to the initiating Local Authority. Doing so would allow me to address the issue rationally, without fear and further stress, whilst putting in place an affordable and sustainable payment plan.

I also believe that my husband is would be classed as ‘vulnerable’ according to the National Standards for Enforcement Agents, as he not employed on a permanent basis and as such his earnings are not guaranteed.

 

I would be grateful if you would please confirm safe receipt of this letter.

 

A copy of this letter has also been sent to XXX Council for their information.

 

Yours faithfully

Etc, etc…

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Hi madabout,

I have to confess to being a little biased as I do like that letter template. I find it clear, concise and gives the information we need to get across.

I think it's a good idea to add a web address relating to a medical problem where possible. Most people don't have a full appreciation of an illness unless, of course, they suffer from it too. I can't guarantee they'll read it though!

That letter, I should have mentioned, is one designed to go to the bailiff company. I think it's fine as is and would email and then send a hard copy by signed for.

For the council, address it to the Head of Revenues. Towards the end of the letter just change 'the initiating council' to 'yourselves' and 'XXX council' to 'CCS Enforcement Ltd'. Email and follow by signed for hard copy or drop it in personally if convenient.

If the council come back with a negative response, you will then be well placed to go higher.

Best wishes

Rae

 

[would be interested to see what other Caggers thought...]

Edited by RaeUK
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Dear Sir

 

Reference number:

 

I am writing with regard to the above account relating TO council tax arrears of £X.

 

It would appear, from advice that I have received, our circumstances are classed as 'vulnerable' according to the National Standards for Enforcement Agents.

 

The reason for this is that I have Temporomandibular Joint Disorder (TMJ) and severe depression, both of which I am currently being treated for. TMJ disorder is a medical problem related to the temporomandibular joint (TMJ), the joint that connects the lower jaw to the skull. This can cause severe facial pain including headaches, dizziness, ear pain, pain in the facial muscles, jaw joints and dull, aching pain in the face. Stress is one of the things that can influence TMJ symptoms by making people more likely to grind their teach, clench their jaw, or tighten their jaw muscles. There is very little treatment for this other than pain relief and anti-inflammatory medicines.

 

I will be contacting my GP in order to obtain evidence of my medical condition for you. This evidence will be forwarded under separate cover at the earliest opportunity.

 

In the meantime, please visit the following site for further information:

 

http://www.patient.co.uk/doctor/Temporomandibular-Joint-Dysfunction-and-Pain-Syndromes.htm

 

As the current situation and difficulty in maintaining the payment plan is having an aggravated and detrimental affect on my health, I am requesting that it is returned to the initiating Local Authority. Doing so would allow me to address the issue rationally, without fear and further stress, whilst putting in place an affordable and sustainable payment plan.

 

I also believe that my husband *is* would be classed as ‘vulnerable’ according to the National Standards for Enforcement Agents, as he not employed on a permanent basis and as such his earnings are not guaranteed.

 

I would be grateful if you would please confirm safe receipt of this letter.

 

A copy of this letter has also been sent to XXX Council for their information.

 

Yours faithfully

 

Etc, etc…

 

Just two typo's. Add the word 'to' [ignore my capitals, just wanted you to see it!] and delete 'is' - I've put *'s around it.

Rae

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Just two typo's. Add the word 'to' [ignore my capitals, just wanted you to see it!] and delete 'is' - I've put *'s around it.

Rae

 

Thank you very much Rae. I am going to get these off tomorrow to the Bailiffs and the Council. Will let you know how I get on.

 

Thank you to everyone for their advice! Any more advice from others also more than welcome.

 

Best wishes,

MadAboutTennis

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