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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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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
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      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.
       
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      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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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SR7133 v Clydesdale Bank - Pre-June 2005


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Attended the Preliminary Hearing this morning and the Clydedale Bank was represented. They are lodging a defence within 14 days which I presume will be the same as they have done in other threads. However they introduced another defence motion along the lines that this current claim was identical (other than the dates) to one which had been raised previously. I cannot recall the legal terminology but I should get that with the defence notification.

 

I agreed that everything was the same except for the dates but that this action was raised because the Clydesdale Bank refused initially to provide details of charges prior to June 2005.

 

The defence solicitor was unaware of how the first action had been disposed of so I enlightened the Sheriff that the Bank had paid the charges + interest + court costs.

 

A date for a Full Hearing was set for 16th January 2007 but before I finished I advised the Sheriff that I intended to call a member of the Clydesdale Bank Management as a witness and he had no objections to this.

 

I actually intend to write to Mr Glenn King, General Manager, Operations and to request that he attends on a voluntary basis as a witness, to provide details of the Bank's policiy and procedures on charging customers. If there is an issue with him attending voluntarily then I will cite him officially as a witness.

 

Does anyone see any problems with this course of action?

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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Attended the Preliminary Hearing this morning and the Clydedale Bank was represented. They are lodging a defence within 14 days which I presume will be the same as they have done in other threads. However they introduced another defence motion along the lines that this current claim was identical (other than the dates) to one which had been raised previously. I cannot recall the legal terminology but I should get that with the defence notification.

 

I agreed that everything was the same except for the dates but that this action was raised because the Clydesdale Bank refused initially to provide details of charges prior to June 2005.

 

The defence solicitor was unaware of how the first action had been disposed of so I enlightened the Sheriff that the Bank had paid the charges + interest + court costs.

 

A date for a Full Hearing was set for 16th January 2007 but before I finished I advised the Sheriff that I intended to call a member of the Clydesdale Bank Management as a witness and he had no objections to this.

 

I actually intend to write to Mr Glenn King, General Manager, Operations and to request that he attends on a voluntary basis as a witness, to provide details of the Bank's policiy and procedures on charging customers. If there is an issue with him attending voluntarily then I will cite him officially as a witness.

 

Does anyone see any problems with this course of action?

I don't see any problems with it. I also said I was going to call a witness from Clydesdale, and the sheriff said that would be fine, so long as it isn't the Chief Executive.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Well done SR. This is excellent. I can't wait to hear Mr Kings response.:D

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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That's the letter off to Mr King , Cydesdale Bank's General Manager, Operations outlining my case and advising him that I intend to use him as a witness in my claim. He can either appear voluntarily or I will have him cited him as a witness. If he cannot make it on the day of the Hearing I have advised him that I will ask for an adjournent to a date when he is able to appear.

 

I await his response!

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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Or you could just cite him, and if he fails to appear, ask for an arrest warrant!

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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  • 2 weeks later...

Received a letter offering the full amount of charges but no court costs or expenses & had to respond by 24th November if I wished to accept. I didn't , so I then received their defence - just the usual which has been mentioned here previously - conditions etc etc. Funnily enough no response from Mr King but I have now written to them rejecting their offer and will wait & see what happens.

 

A bit disappointed really as I was looking forward to a better defence and a response from Mr King.

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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  • 5 months later...

What happened then SR?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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