Jump to content


  • Tweets

  • Posts

    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
    • Frankly I think you should go to a hearing unless you feel especially nervous . If you have any worries then you should follow our link to find out about a county court familiarisation visit     You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive.  It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side
  • 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 5041 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

This evening, a representative of B & S arrived at my home while I was putting my daughter to bed, at approx 8.40. I spoke to him thru the window, and made it clear that I would never ever let him in.

He said he would go and do some paperwork in the car, and post it thru my letterbox. My car is on my drive, its a 51 astra, and is about to blow up. the piston heads and head gasket have virtually died, but the car is going off to be repaired v soon, by my daughters grandparents. I am using my friends car to get to work - daughter to childcare etc, which is parked over the road. Should I move my astra?? was just about to sorn it anyway..

 

Firstly, I have 2 cases outstanding for B & S for council tax.

 

Which I would like to know how i go about disputing fees on, as when they first came, they left one letter, with one ref no. on, but charged 2 1st visit fees. The same for the second visit. I have a breakdown of their fees they sent me which shows they did this, am sure this is illegal??

 

Secondly, the man that came tonite, after trying to cajole me into opening the door, has left one "Notice of seizure of goods" with one ref number, with one amount on it, with a memorandum of amounts due, with the old 2 cases lumped together as one, with a levy fee, and what I can only assume is a new case with a 1st visit fee AND a levy fee??? I am up to date with my current council tax!!!

 

Then there is an "Inventory of goods seized" where he has listed my car, with tax disc number and everything. I really don't know what to do, am a single mum and am terrified. I am working, have done all my life apart from a few months when the recession hit. Starting to earn ok money, but have serious rent arrears and trying to get my head above water on all my other debts too... (PS B & S think I am on income support ;)) The amounts just keep going up and up, no matter how much I have paid them, it all seems to be swallowed up in fees.. can anybody help me????? please????????????

Link to post
Share on other sites

Do you know how many Liability Orders you have? Do you know how much you owe on each? Don't believe what the Bailiff has said about amounts. Ring the Council in the morning and ask:

 

1 - how many Liability Orders there are

2 - what periods of time they each cover

3 - how much each one was for

4 - how much is still outstanding on each

 

If you have a breakdown of the charges the Bailiff has applied are you able to quote them here or scan - remove all personal details. Start with these and we'll tackle the levy on the car later - I'm assuming you didn't tell him it is a non-runner.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

I get child tax credits and working tax credits - and single person discount on my c-tax. I didn't tell him its a non-runner... I didnt talk to him other than to tell him I won't let him in, now or ever...

No illness or disability that I am aware of, sorry.. :o)

Will dig out the previous paperwork re: breakdown, but todays reads as follows:

 

Council Tax ref no ( one ref no) £491.36

first visit fee incurred on (no date) £24.50

levy fee £41.00

 

Council Tax ref no ( one ref no, the old one, which is actually 2 years worth) £600

 

Levy fee £44.00

 

(1st and second visit on this one were done ages ago, this is the one letter - one ref no - two 1st visit and 2nd visit fees) I made agreement to pay by the 4th of each month £30, which I have stuck to, every month, so do not understand why he has been today???)

Link to post
Share on other sites

PS it says I have 5 days. Is that 5 working days??? or just 5 days then they remove my car?? car isn't quite a non-runner, garage said it could go 2 miles, 20 miles or longer, but would blow up quite soon. it is driveable, should i move it to hide it??

Link to post
Share on other sites

I get child tax credits and working tax credits - and single person discount on my c-tax. I didn't tell him its a non-runner... I didnt talk to him other than to tell him I won't let him in, now or ever...

No illness or disability that I am aware of, sorry.. :o)

Will dig out the previous paperwork re: breakdown, but todays reads as follows:

 

Council Tax ref no ( one ref no) £491.36

first visit fee incurred on (no date) £24.50

levy fee £41.00

 

Council Tax ref no ( one ref no, the old one, which is actually 2 years worth) £600

 

Levy fee £44.00

 

(1st and second visit on this one were done ages ago, this is the one letter - one ref no - two 1st visit and 2nd visit fees) I made agreement to pay by the 4th of each month £30, which I have stuck to, every month, so do not understand why he has been today???)

 

Sounds as if they have a 3rd Order. Really they should date when charges are applied so think it may be in your best interests to chase this up - by the sounds of things it looks as if they are over the top with their charges.

 

Essentially your car is only worth scrap until repaired - possibly only worth £50 max at auction in its present state. However if they are serious about removing it, it must realise enough to pay:

Removal fees

Bailiff fees

Auction fees

Auctioneer fees

Proportion of the debt owing

 

Therefore you can ask for the levy to be removed on the above basis or you will submit a Complaint against the Council to the Magistrates Court. You will also need to make the point that in view of the circumstances of your vehicle you can argue that failure to remove the levy and associated fees leads you to think they have gained a financial advantage for the Bailiff and his Company.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

PS it says I have 5 days. Is that 5 working days??? or just 5 days then they remove my car?? car isn't quite a non-runner, garage said it could go 2 miles, 20 miles or longer, but would blow up quite soon. it is driveable, should i move it to hide it??

 

Straight 5 days, see previous post about car. Do not move it or hide it as barring the argument over its worth it is legally his now. He doesn't actually want to remove the car but uses this as a lever hoping you will cough for the cash.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

Use & adapt this for your own use, send it to the Bailiffs by both email & post using Signed For. You need to establish exactly what charges have been made.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Therefore you can ask for the levy to be removed on the above basis or you will submit a Complaint against the Council to the Magistrates Court. You will also need to make the point that in view of the circumstances of your vehicle you can argue that failure to remove the levy and associated fees leads you to think they have gained a financial advantage for the bailifflink3.gif and his Company.

 

How do i go about this?? who do i ask the levy to be removed by?? the council or B & S???

Link to post
Share on other sites

Hi staffslass,

As PT points out you're a single parent which may - under certain circumstances - help you with your bailiff infestation.

I note you're in receipt of various benefits. Could I just ask how many hours you work? Is it national minimum wage or thereabouts? And how old your child / children are? And also bear in mind that the health of the household is yourself and your children.

Best wishes

Rae

Link to post
Share on other sites

 

How do i go about this?? who do i ask the levy to be removed by?? the council or B & S???

 

 

Initially ask the Bailiffs to remove the levy and associated charges as the car only has scrap value. They'll probably refuse in which case you escalate it further - more on that after this stage.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...