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    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I awoke last Thursday morning to find that a company of bailiffs had been into my garden and clamped my car! They had done this while we were all sleeping. They had left a notice of removal on my car window stating if I did not pay immediately the sum of £306 they would return at 10am that day to remove my vehicle for auction. Stated also was their client name, which was my local council!

I spent many hours trying to call the bailiffs mobile number after he failed to return at 10am, but was unable to get through. I contacted my local council to see if they could shed any light onto this matter, as I knew I had no outstanding/unpaid issues with them. They were unable to help me and told me I had to take it up with the company in which the bailiff worked. I located their email address from the company web site and asked them basically what on earth was going on?

Throughout this I spoke with my solicitor. I was informed that the bailiff had in fact illigally levied my car. The vehicle in which he clamped was obtained via finance and in the eyes of the law it was the finance company who owned the car and not me. I was also told I was within my rights to remove the clamp myself as long as I did not damage it.

I sent a further email to the baliffs informing them I would remove the clamp myself if they failed to communucate with me that morning. Still nothing from then so I removed the clamp (undamaged) and stored it in my back garden.

Once again I emailed the bailiffs asking them to come and pick up their clamp as I did not want to be responsible for their device. I also contacted my local police station, just in case/if the bailiffs reported me for theft of the clamp. They were very helpful, took all the details and gave me a log number to quote should i need.

As of today I have sent the bailiffs 4 emails and 1 official letter of complaint, and still nothing at all from them. The clamp is still in my garden.

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Take a leaf out of their book and charge what you want +VAT if you are registered. They were prepared to screw you so time to get your own back. Amongst the emails you send them try putting an invoice in - ifyou need one look up "Express Invoice" - it's free to use.

 

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If the clamp is not claimed by the bailiff then claim it as yours.

 

If this is the popular "London Triangle" wheelclamp favoured by bailiffs, you can use a lobster rebar cutter (from any HSS Hire shop) to remove it, Cut the 10mm high tensile steel chains wrapped in a towel (they will shatter at high velocity) holding the chain in the lobsters jaw, pull & hold the trigger and it will snap through the chain in about 10-15 seconds when you hear a crunk sound. Never use anglegrinders, they make lots of noise and you get a lightshow of sparks. Cut the top chain and one of the two side chains then pull the clamp away from the wheel.

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Hello again, I have today recieved a letter from the bailiffs, who are by the way a company called Marston Group Limited. The letter is only to confirm receipt of my complaint, and states " once we have reached our conclusion we will notify you in writing "...... Im not sure what to make of this actually ?????

 

I still have the clamp ( the yellow triangle kind) making a rather nice feature now in my garden. Im quite tempted to paint a bit smiley face on it!

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The bailiffs came back for their clamp today. I handed over an invoice for storage fees and explained that for the release of the device i only accepted cash! "your having a laugh" said the bailiff in true meat head style. He went on to phone the police who arrived and made me hand over the clamp, without charging them i have to add :(

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Oh, that doesn't mean you can't run with this. It is certainly entertaining! Send the invoice regardless and follow up with small claims court action...

Best wishes

Rae.

 

Bailiff: 'aving a larf?

FP: Not as much as you were pal...

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Oh, that doesn't mean you can't run with this. It is certainly entertaining! Send the invoice regardless and follow up with small claims court action...

Best wishes

Rae.

 

Bailiff: 'aving a larf?

FP: Not as much as you were pal...

 

Yeah, cost yourself money with no chance of success :rolleyes:

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As far as the clamp goes, I hope you haven't forgotten anything :D

 

Storage Fee

Levy Fee

Administration Charge

Van/Transportation Charge

+ VAT

 

The bailiff's response suggests that irony is not a concept he's familiar with (or possibly even aware of). And yes, I'd go after them for compensation just for the inconvenience if nothing else.

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I still have the clamp ( the yellow triangle kind) making a rather nice feature now in my garden. Im quite tempted to paint a bit smiley face on it!

 

 

 

This guy had other ideas.

 

 

 

P6090005.jpg

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when you chasig up the money they owe you for storage and removel fee's remeber that you can charge for letters to plus if they carry on ignoring you and u do go to small claims court apply for court costs to be charged to them and make sure u forwarn them you will be doing this tho might be enough gttin them to pay ;-)

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HCE, as I mentioned in another thread, shame on you. That post reads just fine. To try and score [incredibly cheap] points at the expense of a victimised Cagger simply belittles you. I know you are capable of much better things.

Best wishes

Rae

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