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    • said it twice now - a letter of claim..click and read   fleecers leave things until near SB date so as to wrack up maximum interest they can get on the debt   as long as all your debt owner on any debt that you might have used/paid within say the last 7 yrs have in writing been told of your correct and current address, and all of your old addresses are showing on your credit file as linked addresses then you should be ok.   dx  
    • Hi thanks for your help, I’ve sent the letter. I am worried though that I won’t know what to ignore and what to not? Will the notice of claim be marked as such ans can I post back on here if I get one?  Also- how do I know I haven’t had a CCJ already ? I just can’t quite understand why they would wait this long ? thanks 
    • It's not necessary to see an invoice. You will have to figure out how much you paid for the installation part of the work which was carried out – because that is what you want to claim back. If it's not clear what proportion of the bill was in respect of the installation, then you will probably need to get some outside opinions – independent opinions – as to the cost of an installation. It would be better to understate the value then overstate it – because if the cost is not clear then that could become the subject of a dispute if you take this to court. You will be better off identifying an amount of money which you could reasonably attribute to the cost of installing the new turbo – and which will be supported by independent evidence – and which will be accepted without much question from the judge.
    • It's clear, but it's. Not correct. The 2000 was for other work also  I do understand what you're saying but it may be easier for me to show you a copy of the invoice then we can be completely correct.   I will send a copy this evening after work if you don't mind.
    • I'm not too sure what to suggest other than to keep on trying during the day and try again tomorrow. I suppose that it is just possible that they have now filed an acknowledgement and that in some way it has overlapped with the end of the 14 day period – which apparently ended on Sunday. If you are not able to enter judgement by tomorrow, then I think you should phone the court. Keep on trying throughout the day.
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi, I have made a couple of previous threads here and here about a Rossendales bailiff. The debt was for a £80 PCN which has risen to £400+ due to three attendance charges of £25, £35 and £45, a £65 levy charge and a £165 van fee added at the same time as the levy.

 

They claim to have levied on my wife's car (the debt is in her name) but no notice of seizure was left. We have complained to the Executive of the council and Rossendales. The reply from Rossendales backed up the bailiff but stated that she is adamant that she posted a distress notice when she levied on the car. This is still not a notice of seizure so have they unwittingly admitted that the levy is invalid. All that was posted was a Magistrates Liability Order/Distress Warrant which is what I believe they were referring to.

 

Im not sure what to do now as they could surely draw a notice of seizure up and add it to my paperwork if I make a complaint about not receiving one. Should I do a SAR first and see it that comes back without a notice of seizure?

 

Also the reply that we received from the council was from the parking office and not the executives office and did not take issue with any of the complaints that we had about the bailiff (ie. sitting outside the house until my wife came out with the kids, so she could levy on the car, unreasonable charges, unvalid levy). They simply contacted Rossendales for a list of charges and listed them on the letter saying we had to pay them.

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1. Council

 

Reply to them, say that you are making a formal Stage 2 complaint because their previous response was not adequate. Give full chapter and verse as to why not, and tell them you want it dealt with properly this time, otherwise you will not hesitate to take it to the Chief Executive, and if necessary the Local Government Ombudsman.

 

Top sheet to the Council's complaints unit (find out from the switchboard what they call it), copy to the Chief Executive, headline the letter "Stage 2 formal complaint".

 

2. Charges

 

They can't charge you three attendances to levy plus an actual levy -- the law says the maximum is three in all, i.e. two plus a levy. So the £65 can go.

 

The van fee is also wrong. They can only charge you at the removal stage for something they have done at the removal stage. Your bailiff hasn't done anything new - like bring in a tow truck or something, so there's no new cost that she's incurred that she can bill you for.

 

Also, per Culligan, the removal stage only starts once you've been notified, and been given a reasonable chance to pay. That hasn't happened.

 

 

As to the contested levy, you can certainly run that it never happened. In court it would end up as your word against theirs. They'd need to produce some kind of evidence at that stage that it really had happened to have it accepted as a fee. After all, you don't even know that the lady came to the right street.

 

On the other hand, whatever happens they can only charge a maximum of one fee between them for the levy and the third visit. So if they and you accept the third visit happened, to some extent that makes it academic as to whether there was a levy.

 

No harm in an S.A.R. to see what their evidence is both for the third visit, and the levy. If they're going to invent something for an S.A.R., they'd invent it for court anyway. But mostly I think it's just treated as tiresome admin: xerox the file and put it in an envelope, handled without any brain being put in gear, by the cheapest person in the office.

Edited by JH101
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