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    • Is the letter headed Letter of Claim/before Claim or similar? If not, it sounds like more of the threatogram chain. If you're not sure, post up an anonymised copy of the letter and we'll check. HB
    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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i have some unpaid council tax which Equita are collecting. At the end of june i spoke with them on the phone, made arrangements to pay weekly, 1st payment by postal order, then they would send a paypoint card to make payments with. Payment was sent, then returned to sender, so was resent via signed for at start of august, signed for on 3rd august. No paypoint card turned up, so rang them today to find out why, to be told that it had been passed to a bailiff and that he is now dealing with it. So, should they have done that, bearing in mind i was under the impression we had a payment plan in place, and what can i expect to happen, i gather he wont be looking to make a payment plan, rather to seize goods.

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i have some unpaid council tax which Equita are collecting. At the end of june i spoke with them on the phone, made arrangements to pay weekly, 1st payment by postal order, then they would send a paypoint card to make payments with. Payment was sent, then returned to sender, so was resent via signed for at start of august, signed for on 3rd august. No paypoint card turned up, so rang them today to find out why, to be told that it had been passed to a bailiff and that he is now dealing with it. So, should they have done that, bearing in mind i was under the impression we had a payment plan in place, and what can i expect to happen, i gather he wont be looking to make a payment plan, rather to seize goods.

 

Sounds like a typical Bailiff trick to make you default before you even start. No good complaining to the Council as I would guess the CT department is outsourced to Capita who just happen to own Equita. Contact your local Councillor and get them to help - he has access to sources at the Council who can help.

 

PT

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the council is St Edmundsbury borough council, the debt is for the years 2002 to 2006, quite a lot of which i was unemployed. They say they wrote to me regarding ctb each time but i never replied, i honestly cant remember tho. Either way, they cant/wont retrospectively apply ctb which would knock a huge lump off the debt, despite me having the dates available for each period.

I've noticed in other threads its been mentioned that equita are collecting on the councils behalf and dont own the debt, could i therefore pay the council direct, and if so, do they have to accept it?

If not, as equita have cashed the postal order, have they therefore accepted the payment and afore mentioned payment plan, and should send me the paypoint card as requested, or am i way off track?

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the council is St Edmundsbury borough council, the debt is for the years 2002 to 2006, quite a lot of which i was unemployed. They say they wrote to me regarding ctb each time but i never replied, i honestly cant remember tho. Did you move address at all? Either way, they cant/wont retrospectively apply ctb which would knock a huge lump off the debt, despite me having the dates available for each period. I understand what they say, however if you claimed at the time they have to honour that. If you hadn't made a claim then unfortunately they are correct.

I've noticed in other threads its been mentioned that equita are collecting on the councils behalf and dont own the debt, could i therefore pay the council direct, and if so, do they have to accept it? The only way to do this is via their online or automated phone sysytems - however if the CT Ref No is the same as you have now then all that will happen is it will come off your current bill first. Although they can do it the Council will say they can't take it back and you have to deal with the Bailiff. This is one of the reasons I say contact your local Councillor.

If not, as equita have cashed the postal order, have they therefore accepted the payment and afore mentioned payment plan, and should send me the paypoint card as requested, or am i way off track?

This lot are a law unto themselves and make the rules as they go along - you can however labour the point and ask where the payment card has got to. They will no doubt point out you can still pay in the meantime by cheque or card.

 

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I have moved address since, but for the years in question i was at the same address for each year. I started the ctb claims, but they say i didnt provide the proof or forms, but they have it on their system that the claim was discontinued, so if that counts, how do i get them to honour it. As for equita, they're claiming that they passed it on to the bailiff in the month between speaking to them, and payment being received, that is between 27th june and 3rd august, and so its upto the bailiff now.

Current council tax is up to date, and with a different borough council.

Finally, there is no doubt the debt is mine, but equita persist in spelling my name wrong. Not the usual mistakes, more dropping a letter and adding another elsewhere to make a totally different name.

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where can i find anything relating to the council having to honour the retro ctb application, just so I have something to quote to them/mp when I tackle them over it.

 

The problem you may have is the Council saying you never replied or returned the forms - in which case they are justified in their actions. However if you did otherwise then you have an argument you may be able to prove. Asking for a SAR should be your first action and clear the points up.

 

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I'll be sending the sar to council soon, in the meantime, a small result. After Mr Garratt of Equita refused to answer or reply to any communication to make arrangements to pay, and decided to leave a removal notice, I spoke to the council, and am now paying them monthly instead.

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  • 2 months later...

I arrived home this morning to find a letter hand delivered thru the door, from one of Equita's foot soldiers. No time on the letter, but must have been early, as I got in from work at 5.50am, so must have just missed him. Its all to do with an unpaid pcn from Ipswich Borough Council, original charge £100, letter was demanding £308. I immediately paid the fine direct to the council online, and they have confirmed they have received this, and have have advised Equita accordingly, but that I still need to deal with Equita re the fee's.

Now, can they come back and clamp the car, as they were intending, or take goods for the payment of their fee's? I'm going to ask for a breakdown of their fee's as I don't agree 100% with the visits they claim to have made, and also having paid £25, plus £1 card handling charge, towards the debt, to be informed by the council that the debt actually stood at £79 and that they had only received £21 towards the debt, I'd like them to explain.

So, can they take goods to discharge their fee's?

Where is the missing £4 from, the card payment?

And how easy is it to get a refund from the council for the £21 overpayment made today.

 

 

Thanks,

 

Kregrs

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I arrived home this morning to find a letter hand delivered thru the door, from one of Equita's foot soldiers. No time on the letter, but must have been early, as I got in from work at 5.50am, so must have just missed him. Its all to do with an unpaid pcn from Ipswich Borough Council, original charge £100, letter was demanding £308. I immediately paid the fine direct to the council online, and they have confirmed they have received this, and have have advised Equita accordingly, but that I still need to deal with Equita re the fee's.

Now, can they come back and clamp the car, as they were intending, or take goods for the payment of their fee's? I'm going to ask for a breakdown of their fee's as I don't agree 100% with the visits they claim to have made, and also having paid £25, plus £1 card handling charge, towards the debt, to be informed by the council that the debt actually stood at £79 and that they had only received £21 towards the debt, I'd like them to explain.

So, can they take goods to discharge their fee's?No! They would have to go back to court. Make sure you get a full detailed breakdown of their fees and that the charges made are legal before you pay them a penny.

Where is the missing £4 from, the card payment?

And how easy is it to get a refund from the council for the £21 overpayment made today.As long as they can see a breakdown of fees showing your overpayment, it shouldn't be a problem.

 

 

Thanks,

 

Kregrs

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immediately paid the fine direct to the council online, and they have confirmed they have received this, and have have advised Equita accordingly, but that I still need to deal with Equita re the fee's.

 

No fees are due because they havnt recovered any money. Otherwise it would have been £24.50

Professional property investor and conveyancer

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Re: Equita Bailiff visit this morning

quote_icon.png Originally Posted by fork-it viewpost-right.png

No fees are due because they havnt recovered any money. Otherwise it would have been £24.50

 

 

 

I thought they could charge for two visits (£24.50 & £18-) without collecting any money.

 

quote_icon.png Originally Posted by Tingy viewpost-right.png

immediately paid the fine direct to the council online, and they have confirmed they have received this, and have have advised Equita accordingly, but that I still need to deal with Equita re the fee's.

No fees are due because they havnt recovered any money. Otherwise it would have been £24.50

 

I think we're getting mixed up with Council Tax visits.

 

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Well it seems Mr Bailiff is adamant he is taking goods regardless. I informed him via sms that the debt had been paid, due to getting no answer when ringing, and requesting a breakdown of the charges, in writing. I plan to write on Monday requesting them anyway, but below is his reply, word for word.

 

'You will not get in writing until the debt is paid, or after goods are removed. Pls ring me monday'

 

So what do you make of that?

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Well it seems Mr Bailiff is adamant he is taking goods regardless. I informed him via sms that the debt had been paid, due to getting no answer when ringing, and requesting a breakdown of the charges, in writing. I plan to write on Monday requesting them anyway, but below is his reply, word for word.

 

'You will not get in writing until the debt is paid, or after goods are removed. Pls ring me monday'

 

So what do you make of that?

 

If you've got that saved on your phone, I call it strong evidence for complaint!

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keep the text. he has openly admitted he will not divulge anything unless he gets some sort of payment, which to me is paramount to extortion.

you can request a full breakdown and they have to comply. If he denies sending the text, his mobile company will have it in record as will yours as received. (They DO keep your messages on record for around 3 months - been there (but that's another story) )

When you request the breakdown, you may wish to inform the company of his actions stating you have "written" evidence, the choice is yours.

:)

OK own up, who swapped the A and I on my keyboard ? :D

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