Jump to content


  • Tweets

  • Posts

    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5025 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

I have a court fine for tv license of £170. (it was about 300 but i had paid some off and then lost my job). i recieved a letter from philips saying i had to phone and make an arrangement to pay. which i did but the automated line would only let me set up a plan for more than i can afford, and there was no option to speak to anyone.

 

I then recieved a letter dated 1st July, stating that despite a visit to mu property and letters i have ignored them.

 

I rang them and this time i managed to get through to someone who told me i cannot make a payment plan as i defaulted on one already. i explained that i did not make the arrangement as i put the phone down because i could not get through to an agent, but they would not budge on this.

 

I was told that they had already visited my house on the 23/6 at 8am and that my house has a for sale sign outside. this is incorrect and i know they did not visit me at this time, but they said it is their word against mine and i would have to write in to dispute it. they have gone from £170 to £445 in bailiff fees and they have not even visited! the woman told me that the bailiff would use physical force against me to get entry to my house, and that if i resisited then they would arrest me!

 

I hung up, and then rang back a bit later to see if i got through to someone human!, but this time i asked him to clarify the description they had of my house and the name of the bailiff who came to visit me for the letter i was writing and he refused, saying he is not at liberty to give me that information! also he re-itereted that they would arrest me if i did not pay and that the police would be called to help them break in.

 

I said that as far as i knew the police could only attend to keep the peace, but he said NO the police are there to back up the bailiff, not you. and refused to make an arrangement again.

 

Now i want to pay the £170 but i cannot pay all in one go. i know i owe the money and i am not disputing that fact. but they have threatened and bullied me and i cannot sleep for worrying about this.

 

What can i do????? i have done a bit of reading - can i get my husband to do a statutory decleration saying everything in the house is his?

 

I have rung the court and they have refused to take the debt back.

 

please help me i am going out og my mind worrying about this.they have now started sending me bt sms voice texts about 3-4 times a day saying they are coing to enter my house.

 

thanks for any help

vikki

Link to post
Share on other sites

write to them, telling them

-you want to make an arrangement to pay and offer an amount (whatever you can realistically afford).

- also ask for a full and complete breakdown of their costs, including dates and times

-also demand the name of the bailiff

 

save the voice texts as these are tantamount to harassment.

at a later stage you can use these as evidence when (if) you decide to put in a complaint against them.

 

if you must speak to them over the phone then you must record the conversations as further evidence.

 

dont let them scare you or bully you.

dont answer the door to them if they ever come round and make sure all your doors and windows are locked shut.

Link to post
Share on other sites

Hi

I have a court fine for tv license of £170. (it was about 300 but i had paid some off and then lost my job). i recieved a letter from philips saying i had to phone and make an arrangement to pay. which i did but the automated line would only let me set up a plan for more than i can afford, and there was no option to speak to anyone.

 

I then recieved a letter dated 1st July, stating that despite a visit to mu property and letters i have ignored them.

 

I rang them and this time i managed to get through to someone who told me i cannot make a payment plan as i defaulted on one already. i explained that i did not make the arrangement as i put the phone down because i could not get through to an agent, but they would not budge on this.

 

I was told that they had already visited my house on the 23/6 at 8am and that my house has a for sale sign outside. this is incorrect and i know they did not visit me at this time, but they said it is their word against mine and i would have to write in to dispute it. they have gone from £170 to £445 in bailiff fees and they have not even visited!

 

 

...ask for a screenshot of bailiff charges

 

the woman told me that the bailiff would use physical force against me to get entry to my house, and that if i resisited then they would arrest me!

 

oh how illegal that is.....

 

 

I hung up, and then rang back a bit later to see if i got through to someone human!, but this time i asked him to clarify the description they had of my house and the name of the bailiff who came to visit me for the letter i was writing and he refused, saying he is not at liberty to give me that information! also he re-itereted that they would arrest me if i did not pay and that the police would be called to help them break in.

 

...wrong again.

 

I said that as far as i knew the police could only attend to keep the peace, but he said NO the police are there to back up the bailiff, not you. and refused to make an arrangement again.

 

Now i want to pay the £170 but i cannot pay all in one go. i know i owe the money and i am not disputing that fact. but they have threatened and bullied me and i cannot sleep for worrying about this.

 

What can i do????? i have done a bit of reading - can i get my husband to do a statutory decleration saying everything in the house is his?

 

I have rung the court and they have refused to take the debt back.

 

 

...pay the court the money via internet banking.

 

please help me i am going out og my mind worrying about this.they have now started sending me bt sms voice texts about 3-4 times a day saying they are coing to enter my house.

 

thanks for any help

vikki

 

 

oh this is going to be good

 

keep those txt msgs they could get into alot of trouble here.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

When i rang the court they told me that if i paid a payment to them it would just get returned to me??? can i pay it in a couple of installments on the internet?

 

They told me that because it is a court distress warrant thent he rules are different and they CAN force entry they can get a locksmith and come in no matter what?

Link to post
Share on other sites

can you ask BT whether there is any way of saving the messages and tell them you are receiving malicious texts and you wish to use them as evidence. I am sure they will be able to do this for you.

 

failing that, you could use your mobile phone put it on record and hold it near the landline receiver and replay the messages so that they get recorded onto your mobile.

 

I am not too sure about the court distress warrant but i did have a look on the hmrc website. if the bailiff cannot get the payment for the debt then eventually it goes back to the originator (creditor). the court can then look at getting the money via a different route (eg attachment of earnings, instalment order, etc)

 

if the court isnt willing to take the payment and you dont want to spend the next few months hiding from the bailiff then make the offer of payment to the bailiff in WRITING. and also get the rest of the information I suggested.

 

at a future date you may be able to get compensation from the bailiff (if you keep the evidence) because of his (their) unreasonable behaviour.

 

hb

Link to post
Share on other sites

sorry for the multiple posts. they have informed me that they have charged me £75 for admin (2 letters) and £200 for an attendance visit (even though they have never been, i know that when you put my postcode in a sat nav it takes you about 6 streets away (its a new build). )

Link to post
Share on other sites

you need all this in writing as evidence otherwise its just your word against theirs.

 

try communicating with them via email, that way you get a quick response but you've also got the written evidence.

 

hb

Link to post
Share on other sites

i am not 100% sure about what bailiffs are allowed to charge as most of my dealings have been with hceos. I am sure someone will be along sooner or later to tell you exactly what bailiff charges should be.

 

hb

Link to post
Share on other sites

i can email them now but what do i say?

i dont understand how they can get away with threatening me like that. what do i send to them? but i dont want to pay the fees, especially when they have not visited, but how do i prove this when they will not give me any information??

 

As i was told by their agent "we are not here to help you, we are here to get our money!!"

 

will a stat dec saying my hubby owns everything stop them entering my house?

Edited by astraea
Link to post
Share on other sites

email them saying that you wish to make an offer of payment of £xx per month (whatever you can realistically afford). Say that you are not refusing to pay and that you do want to clear the debt but that you are not in a position to pay the whole lot in one payment. Ask that they provide you details of how to make your monthly payments.

 

ask for a breakdown of their costs along with dates.

 

ask for the name of the bailiff who was dealing with your case.

 

google "screw the bailiff". there is some information on that site.

 

although I am not 100% familiar with the tv licence type fining procedure, I think it goes to the magistrates. The bailiffs that are then instructed do not have a set fee scale. BUT the charges must be agreed with the court beforehand and must not be disproportionate. Apparently you can write to the relevant authority to get the fee tariffs to make sure the bailiffs are adding costs correctly.

 

hb

Edited by honey b
oops
Link to post
Share on other sites

your bailiff fees are correct for a magistrate court fine £75 letter fee and £200 visit fee (however they cant charge this fee if they have not attended your property)

 

I think (not 100% sure about Philips Bailiffs ) most bailiffs contracts with the court allow them to spread payments over 6months

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...