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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi All

 

I was away for the weekend and got back last night to find a red letter on my doorstep... It was from MARSTONS GROUP...

 

Said that a Bailiff had been round and was coming back tomorrow (which is today)

 

I missed the door this morning as was in the shower... and came downstairs to find another smaller card... I ran outside and she was still there...

 

Heres where it gets complicated.... I spoke to her ( Didnt invite her in or anything like that... didnt sign anything) The actual warrent is in my partners name... and she told me that its a motoring offence from 2008... well as you can imagine i broke down as she said she had booked the locksmiths, removal vans etc to come back tomorrow morning... UNLESS i can pay her £530...

 

Ive had to start my life again and its taken me 8 months to get everything i had before... ive shopped at car boots, charity shops... been given a LOT of stuff but i dont have receipts for them...

 

So after thinking for a minute after she had gone i rang her back... she said because of the circumstances she will give me til friday... Hands down to her she was quite nice about it all really... and i know shes just doign her job... but what can i do.... I had no idea about this... obviously my partner was hiding the letters from me....

 

I asked her if i kicked him out could they still take my things and she said yes because she knows hes there now but if he had of gone 3 months ago they couldnt have!

 

So being in a bit of a state ive rung a debt line and they said basically to keep all windows and doors locked...they will give up eventually and hand it back to the original company... HMCS Wigan...

 

This just seems like im doing nothing though... Im on JSA at the minute... My fella is on DLA and only gets £75 PER MONTH... struggling as it is and we have virtually nothing but ive worked so hard...

 

 

Is there absolutly ANYTHING i can do to protect MY HOME and MY THINGS!!!

 

As you can imagine im almost on the verge of kicking out my fella... this shuld have been sorted before not left to me....

 

Id appreciate ANY help anyone can give...

 

Thanks and sorry to ramble on... just wanted to give all the facts first.

 

xx

Edited by xx_Peanut_xx
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can you be more specific on what sort of offense, it could mean a whole lot of difference. Also you need to take off her name in your post.

First off dont panic this can be sorted hopefully.

there are a few things you need to do first, and thats NOT let them in, keep ALL doors and windows locked and secured.

She can not threaten you with a warrant of arrest, she cannot come round with a lock smith, and she certainly shouldnt be discussing it with you without consent from your partner. THIS IS NOT YOUR DEBT!! ok :)

so let us know what the offense was and we can try and sort it from there.

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welcome to GAG :)

 

first thing you should do is remove your first name and the bailiffs name for your own safety (use the edit button)

 

a lot of bailiffs read these posts and it could identify you

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Hi...

 

Thanks for the extremely fast reply :)

 

from what she told me its a Driving without 3rd party insurance and parking where prohibited...

 

Sorry for putting name in.,... just get a bit carried away and im so so worried right now about everything :)

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Has your partner fessed up to this yet and has he any letters from the courts and from the bailiff company.

Does he know how much the fines were for.

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Well... Haha... hes the one who shouted at ME for "blowing things out of proportion"

 

He hasnt said anything about how much they were for and i asked him about the letters and he said he put them in the bin...

 

Sorry:(

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Well he needs to know how serious this is or the bailiff company are going to bleed him dry. You need to get in touch with the court who dealt with this and ask for all relevant paper work. Have you moved since it going to court?

You also need to let them know that you are both on benefits and that your partner is on disability benefits.

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thats just it... i dont know if its been moved or what... if it was in 2008... that would have been in lincoln .... but on the only 2 things i have last nights and todays notices... it says HMCS wigan... so does that mean its gone through court in lincoln... then been passed to court in wigan... and hes ignored ALL of the letters from courts... because usually dont they send out a means form or something... i know i havent seen ANYTHING until the two from yesterday and today...

 

She was going to clamp the car but saw on the tax disk that its registered disabled and provided by motabilty so she told me she couldnt take it ... but CAN take my stuff and even if im not in can get the locksmith and police to break in :S

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No not at this point , that is why you must get in touch with the court and explain the situation to them, you can talk to them on behalf of your partner but he has to give his consent. I would advise you seek some legal advice from a solicitor. I am surprised that he has not been summoned back to court for non payment of fine.

You can protect your things by making a statutory declaration and getting it sworn either at a court or at a solicitors, you can not just write your stuff down and hope the bailiffs wont take it thats why you must get it sworn. (Some one correct me if I am wrong on this)

Statutory Regulations state that the following items are exempt and must not be taken.

• "Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"

• "Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".

Because the above list is so vague, and not very specific, we have reviewed over 75 contracts between local authorities and their relevant bailiff companies to see what items are listed by the majority of councils as being exempt. These items are as follows:

• Goods of minimal or no resale value

• Food items, cooking utensils

• Items that would leave family unable to prepare a hot meal.

• Heating appliances

• Children’s items, toys, prams (but computers and bikes can be taken)

• Disability items to be used to care for the sick.

• Medical aids or medical equipment.

• Items purchased using money from Social Fund.

• Refrigerators.

• The main form of cooking: if you have a cooker and microwave, the bailiff could take the microwave. If you only have a microwave then this must not be seized.

• Washing machine, vacuum cleaner.

• Personal items: such as family photographs/pictures.

• Items of minimal value, and or broken items.

• Goods either rented, or hired.

Items that are actually attached are also exempt from seizure. This would include built in ovens, flat screen televisions or stereo systems attached to the wall.

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oh yes... we only just moved to Wigan June 2009.. so he was Definatly in lincoln when it was done xx

So could it be possible that all court paperwork was sent to your old address?

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I dont know... Ill ring the courts tomorrow ... BOTH of them and see if i can do anything through them... Your help so far has been AMAZING... might even sleep tonight..

I will keep you posted at what happens and will definately be donating to this site/you as soon as i have the cash to lol...

 

Thanks xx

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I dont know... Ill ring the courts tomorrow ... BOTH of them and see if i can do anything through them... Your help so far has been AMAZING... might even sleep tonight..

I will keep you posted at what happens and will definately be donating to this site/you as soon as i have the cash to lol...

 

Thanks xx

 

Can you just confirm whether the property that you live in is in your name, your partners or both?

 

Is it local authority owned or privately rented.

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Hi peanut.

 

I'll give you the bad news first, although if you've read the posts so far you'll know it already.

That nice lady bailiff is not being nice at all. She's just been spinning you lie after lie after lie in the hope you'll ring round family and friends to borrow as much as possible to give her.

I don't mean to be impolite about anyone and I'll hope you'll forgive me for saying it as I see it. Having talked to you, seen the disabled tax disc on the car, that bitch of a bailiff knows enough about your circumstances to request the case is sent back to the originator. But she'd rather try and fleece you instead.

So, please, don't be fooled by a snakes smile.

If I sound a tadge miffed, that'll be because I am. I don't like to see people who are probably vulnerable being taken advantage of.

 

The National Standards for Enforcement Agents say this:

 

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.

 

 

These standards apply to the household. Whilst not law, they are the standards bailiff, court and councils should be meeting. As a minimum in my opinion.

 

You need to email a letter to the bailiff company, hardcopy by signed for. Copy to the relevant court.

You need to make a complaint to the bailiff company about this bailiffs actions. Copy to the relevant court.

 

I'm more than happy to post up a template you may or may not find usefull. But will need to know more details particularly regarding your partners DLA. If his car is provided by motability than he'll be on higher rate DLA. Why?

 

If you're both concerned about the level of your benefits, this site has a good benefits forum here:

 

Benefits, Tax Credits and Minimum Wage - The Consumer Forums

 

Best wishes.

Rae.

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Hi

 

I would persoanlly make a complaint about them , read up as much as you can, but they are not allowed to make threats like that , only if they gained access and made a list of items to be taken, i would complain to martson and the council where the parking fine came from

 

 

Best wishes

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WOW thanks for all the replies people...

 

Unfortunatly the tenancy agreement is in both names... I actually wanted it only in mine and am having his name taken off it...

 

So if im signing on and my fella is on DLA they pretty much cant do anything and its all been threats?

 

That would make me very mad lol... i recently had to go for anger management so now i think im a little too calm... i am a big worrier though... my parent live 130 miles away and i was due to go there a week today but just cancelled because i dont want to come home to an empty house :(

 

Im about to ring a solicitor though... all i want to do is cover MY home and MY things... as far as my fella is concerned im not in the best of moods with him and he can sort the rest out... its his mess and we weren't even together when he got this ticket...

 

He has said the driving without 3rd party insurance was a motability mistake... apparently they didnt tick the box that they should have and thats why he got it... but i think its a bit late to be appealing now isnt it? 2 years later??

 

Thanks

 

xx

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Hi again all....

 

Ok ive been in touch with both courts... they said i cant do anything....

 

Ive run marstons... they couldnt do anything

 

Ive rung my solicitor who said basically because his names on the tenancy agreement i cant protect my things without receipts... even i get get everything sworn by him they can still take it because it doesnt hold up in court... The bailiffs DO have the right to come in but not break in...

 

So as a final resort i called the actual bailiff back... she said when reaslitically can i get this paid off in full so i said end of april... So shes given me til then to pay it off... I can do it... i know it has to be paid but im just a little ****** off that IM having to pay it ...

 

Anyways thank you all so much for your help and ill definately be donating in the next few days...

 

xxxxx

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YOU do not have to pay this!!

 

This debt is not in your name!

 

Your solicitor is talking rubbish, the point of a statutory declaration is if you do not have receipts! Get a stat dec done stating that everything in the property is owned solely by you or was given as a gift to YOU alone and send it to the courts and bailiffs ASAP

 

The tenancy agreement is completely irrelevant - this is not for Council Tax or rent arrears

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Peanut - I hope you haven't disappeared into the ether believing you have a result!

Listen to Fluffy Bunny and Hallowitch and others who are giving you accurate and correct advice!

I'll be on again later tonight [probably quite a lot later] and am happy to provide template letters for you to use / amend then email accordingly as well as a complaint further down the line.

But, at the end of the day, it's up to you to either follow the advice or plough your own furrow.

Best wishes.

Rae.

[i would need to know more about the reason for DLA / motability]

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Hiya....

 

Lol i havent disappeared... i was just updating everyone on here who offered advice as to whats happened this morning... The reason for DLA is Rheumatoid Arthritis... some days he can hardly move.

 

Im not in dispute over the fact it has to be paid and it IS my fellas fine... but seeing as we're still together (dunno how but we are lol) we are a team and i will help him pay it off... i didnt mean i was going to solely pay it off...

 

Hes a bit of an ass!!

 

I was only saying ive managed to buy myself a bit over a month to sort this... instead of FRIDAY lol...

 

xx

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