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    • Well if you have got crime reference number that's a good start. You should be recording your calls and you should not rely on calls which are apparently recorded by others – especially not the police who will always be very reluctant to disclose any information even under a statutory request. When you are on the phone to anybody you should make sure that if there is something you are not clear about you should ask them to repeat it so that you can make notes. Read our customer services guide. The police are correct – as I have already pointed out – the car belongs to you and so if it is sold to somebody else then it is stolen. If it is not given to you then it is stolen. You should always in all your dealings with anybody refer to the fact that your car has been stolen.
    • Incidentally, a brief word – for you, but also for anyone else who visits this thread. It's a word about insurance. By requiring you to take out insurance, they are effectively asking you to protect yourself against their own negligence, their own breach of contract or the criminality of their own employees if stuff get stolen. This is extraordinary and it is part of the culture of the removal business and I have no idea how this culture came about and it is now accepted so meekly as the natural way of things by people who use removal services. There is exactly the same culture in courier services so that companies such as DPD, DHL, UPS – and particularly Hermes require their customers to pay for additional protection in case the service that they have already contracted for and paid for is not carried out. Amazing! It doesn't stop there. Extended warranties. If you go into any Currys PC World, if you buy any computer or washing machine or fridge from them or anywhere else, some salesman will chase after you and ask you if you want to buy an extended warranty. So for extra money you can buy an insurance which will apparently cover you in case the item you have bought breaks down within a certain amount of time – normally three years or five years. Incredible! You already have perfectly good statutory rights which will cover you for most of those situations over the foreseeable reason the expected life of the item you buy. What they are all doing – whether they are removals, couriers, sellers of white goods and electronic goods, is effectively getting you to pay for rights which you already have under statute or under ordinary contract law.  
    • Thanks. How much did you pay for the insurance? AnyVan is declining responsibility because they say that the items did not go missing "in transit". They are wrong. Clearly the removal company took charge of the items and disassembled them. This must be the case because you have received part of the item and it is only part of the item which is missing and that means that they were already under the control of the removal company. In my view that puts the items squarely "in transit". I am quite certain that no judge would simply say that "in transit" refers only to the time that your items are in a removal van. This is far too limited. And in fact I notice that in the summary of terms which you have linked us to:     Clearly insurance cover applies from the moment that the collection begins right until the delivery is finished. However, even if they accepted this point, there are still other ways that they can say that the insurance does not apply to you Looking at the policy which you have linked us to, I see that first of all there is in excess of £50 and that means you have to pay the first £50 of any claim. According to you, you have only lost about £35. Are you saying that the entire book case is worth £20? It seems very little to me. The second thing is that they say that lost items are not insured unless they are listed with their value. Presumably that hasn't happened in your case. On that basis, it seems to me that the insurance doesn't cover you anyway. I do agree that I think you've been treated disgracefully and I don't think that the lack of insurance is any bar to making a claim. If you would like a bit of fun, then we can help you make a small claim in the County Court to recover all of your losses directly from them for their breach of contract/negligence. Of course they won't be used to that kind of treatment – but do you really care? The chances of succeeding if you are prepared to go to the Small Claims Court are better than 90%, in my view. You would have to play a claim fee that you would recover that when you won your case. Of course in the event that you lost, then you would lose that claim fee and also a hearing fee if it got that far. Frankly, for this kind of money I would imagine that they would put their hands up once you issue the papers and they realise that you are serious and it was going to cost them much more money to defend it then simply to pay you out. In addition to getting your money back and delivering a slap, you would acquire transferable skills so that you could confidently in the future sue anyone who got in your way. What's not to like?
    • You think I haven't emailed their CEO do you the first thing I did after putting my complaint in not for the first time either he totally ignorant he replied to my first email on the first case but had his assistant handle it not him   this company is the worst ever and they talked me into getting these very unsmart meters that are supposed to save me money yet because I m on PYG smart meters I pay more money than those who get monthly or quarterly bills yet I have already paid for my energy   yet there are hardly any other companies who will take on these meters and wont save me money at all for those who would give me an account but only online which is no good what so ever my problem with EON is their website they keep shutting down on weekends and their app only works when it wants to making it even harder to top up my meters   this has been going on since 2019 when I won my first case and still going on now and they wont help me with it yet they had the cheek to phone me yesterday but the idiot wouldn't listen to what I had to say so I hung up and wouldn't answer him calling back   besides he broke the law be phoning me as I have only allowed them to contact me through email and letter only and now they are saying I never replied to them with-in the 21 days which he is lying.  
    • I’ve been given a number that ends with a c..I didn’t get her name but she went and asked her Supervisor, the calls are recorded and she definitely said we had a case but to give him a last chance for today and see if is good to his word..then to call him and tell him that we can now report him to the police..   Because he has made so many promises to deliver and has not refunded on request then they will take action this time as he is out to deceive..   Funny today that our car has disappeared from his adverts so it’s gone somewhere..could he have sold it again?? but it wasn’t his to sell..and the police have stated that..   the plot thickens..a very expensive lesson we have learned from all this and how not to buy a car!   I will keep you all posted and so many thanks..    
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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I understand that a Trustee in bankruptcy enjoys extensive powers, certainly extending to historical bank records and statements.

 

Do the Trustee in bankruptcy powers extend to demanding historical bank records / statements of a spouse ( independent account, not a joint account )?

 

In practice might a a Trustee in bankruptcy also review the historical spending of credit card accounts? Or would the Trustee in bankruptcy more likely accept the debt figure claimed by the credit card company without further review?

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I understand that a Trustee in bankruptcy enjoys extensive powers, certainly extending to historical bank records and statements.

 

Do the Trustee in bankruptcy powers extend to demanding historical bank records / statements of a spouse ( independent account, not a joint account )?

 

If they suspect you have been concealing assets in a spouses accounts then yes they can.

In practice might a a Trustee in bankruptcy also review the historical spending of credit card accounts? Or would the Trustee in bankruptcy more likely accept the debt figure claimed by the credit card company without further review?

 

They won't dispute the figure but can still look through the accounts to see if your spending has been reckless and possibly the cause of your current situation,

 

Is it something specific you are being investigated on?

Consumer Health Forums - where you can discuss any health or relationship matters.

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No I am not being investigated ( at least not yet ) I jut want to get a better feel for 'a very new world'.

 

Reckless spending aside, it seems to me that there might be instances where a person might have made a credit card transfer in favour of a third party - possibly a family associate - so the debt ended up on the bankrupt's credit card, and I wonder whether or not that might be likely to be picked up by a trustee, and therefore potentially vulnerable to a trustee claim.

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No I am not being investigated ( at least not yet ) I jut want to get a better feel for 'a very new world'.

 

Reckless spending aside, it seems to me that there might be instances where a person might have made a credit card transfer in favour of a third party - possibly a family associate - so the debt ended up on the bankrupt's credit card, and I wonder whether or not that might be likely to be picked up by a trustee, and therefore potentially vulnerable to a trustee claim.

 

It would all depend on the size, age and nature of the transfer - £5K on what was probably a joint household debt 2 years ago, would be treated very differently to £10K, a few days or weeks before you went BR.

Consumer Health Forums - where you can discuss any health or relationship matters.

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It would all depend on the size, age and nature of the transfer - £5K on what was probably a joint household debt 2 years ago, would be treated very differently to £10K, a few days or weeks before you went BR.

 

Yes that's a good answer.

What about the chances of it falling fro review, or is this impossible to say?

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Impossible to say, but generally speaking the OR will go through all your accounts with a fine toothcomb - I've known relatively small transactions of less than £50 be questioned, and large ones for holidays of £3K to be ignored. Luck of the draw of the OR really.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Luck of the draw of the OR really.

 

For OR I am substituting 'Trustee in bankruptcy' unless I have that wrong.

 

Can it be equally noted : Luck of the draw of the Trustee in bankruptcy? Can one have any influence on this? I understand that it is in the power of a disgruntled creditor to fund a ( hard ) Trustee in bankruptcy. Is it equally in the power of ( friendly ) creditors to fund an ( easier ) Trustee in bankruptcy?

 

Does the power of influence of a disgruntled creditor extend only to funding, or might they also appoint a preferred Trustee in bankruptcy?

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Do the Trustee in bankruptcy powers extend to demanding historical bank records / statements of a spouse ( independent account, not a joint account )?

 

"If they suspect you have been concealing assets in a spouses accounts then yes they can."

 

In order to make a demand for a spouses account records is it enough for them to have a 'suspicion' or would it be necessary for them to see a link or a paper trail - such as a direct transfer?

 

Clearly just because a partner has assets, they are not necessarily the fruits of an exercise of concealment. With whom would the burden of proof lie to establish they were / were not the result of illicit transfers?

 

If there were any concerns ( of the bankrupt ) might there be some advantage in separation / divorce prior to bankruptcy?

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"If they suspect you have been concealing assets in a spouses accounts then yes they can."

 

I don't think this is true. It is my experience that they cannot look at a spouses bank account if it is not joint

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hi, The trustee is usually the Official Receiver in most cases, only where you have significant assets is an external trustee likely to be appointed, although the majority of creditors can ask for an external trustee at any time. The trustee deals with assets only, the Official Receiver deals with the conduct of the bankrupt.

 

In theory the OR can privatly examine in court any person who appears to have information pertaining to the affairs of the bankrupt

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I don't think this is true. It is my experience that they cannot look at a spouses bank account if it is not joint

 

Obviously this might be a more appealing answer, and in some ways seems more logical to me if the legal basis is that all persons are independent entities.

I would have thought such a power would be vested by specific legislation, or regulations.

 

Now we have two conflicting viewpoints in this thread.

 

How might I find out for certainty? Is there any guidebook like a trustee in bankruptcy handbook?

 

( And is there any guidebook covering early mover strategies for a potential bankrupt? )

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Hi there,

 

what exactly are your worrys,if its a transfer of an assett before going br the OR can have this reversed going back 5 yrs,they usually investigate the bankrupts statements between 2 to 5yrs if they see any what they deem to be unreasonable behaviour they can go back longer,if gambling has been involved,casinos,internet,horses,stocks and shares,they can apply a bankruptcy restictions order which will tie you into the terms of the br for anywhere betweeen 1-15yrs hope some of this helps.

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hi as i said they can get hold of the statements but if she refused they would need a court order, whether that would be granted depends on the personal circumstances

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hi as i said they can get hold of the statements but if she refused they would need a court order, whether that would be granted depends on the personal circumstances

 

Now that's got me thinking - I wonder what the sort of personal circumstances might be for a court to grant such an order. It sounds like a lot of potential trouble and cost.

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Hi

Wonder if anybody on this forum can help my friend, approx 3 years ago they had double glazing fitted to their property. which was a shambles they refused to pay and got made bankrupt by firms solicitor, glazing was £6000 which was paid into court but sol fees etc were £2800 which they didnt have ,it was then passed over to trustees who have now made the debt £54000?, as a result of this they are taking my friends house with approx £70000 equity off them , does anybody on here know how this debt can esculate to that ammount legaly , they are on the point of a nervous breakdown?.

Any advise would be app, they have tried various routes cit advise ,local sol, but they are on min wage and only 30 hours per week, council want to use gov scheme to buy and rent property back to them ...

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Hi

Wonder if anybody on this forum can help my friend, approx 3 years ago they had double glazing fitted to their property. which was a shambles they refused to pay and got made bankrupt by firms solicitor, glazing was £6000 which was paid into court but sol fees etc were £2800 which they didnt have ,it was then passed over to trustees who have now made the debt £54000?, as a result of this they are taking my friends house with approx £70000 equity off them , does anybody on here know how this debt can esculate to that ammount legaly , they are on the point of a nervous breakdown?.

Any advise would be app, they have tried various routes cit advise ,local sol, but they are on min wage and only 30 hours per week, council want to use gov scheme to buy and rent property back to them ...

 

( I am not sure how things work here but I wonder if the administrator could carve this as a separate post?? )

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Sorry but this isnt all debts , just trustees fees over 2 years?, they are pushing to get house only because my friend owns their house and works? has been told if they didnt own house this would have been written off, sad indicment this work and buy your home and this is what happens.

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Hi

Wonder if anybody on this forum can help my friend, approx 3 years ago they had double glazing fitted to their property. which was a shambles they refused to pay and got made bankrupt by firms solicitor, glazing was £6000 which was paid into court but sol fees etc were £2800 which they didnt have ,it was then passed over to trustees who have now made the debt £54000?, as a result of this they are taking my friends house with approx £70000 equity off them , does anybody on here know how this debt can esculate to that ammount legaly , they are on the point of a nervous breakdown?.

Any advise would be app, they have tried various routes cit advise ,local sol, but they are on min wage and only 30 hours per week, council want to use gov scheme to buy and rent property back to them ...

 

Sorry to hear about your friends situation. I can fully understand what they must be going through as I too went through something similar. Unfortunately there is not a lot of help around regarding Trustee in Bankruptcy and if there is I never found it. This is all a [problem] and one of the reasons why this country is where it is today.

From a 6k debt to rise to 70k is nothing but disgusting and makes my blood boil as this has bought back very bitter memories of my own. Here is a link which I hope will be helpful for your friend.

 

Bankruptcy Help: Bankruptcy Help Forum, articles, blogs, TV channel ...

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