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    • dx100uk   do you think it might help if the OP went back to the dealer and argued the point about the dealer having to pay the vehicle recovery costs (in the event of a cancellation and no pre-contract info) by quoting to them the Motor Trade Ombudsman's view on the question from post #25?   I mean, the motor trade ombudsman is not generally well-known for being on the consumer's side, and yet there they are spelling out the OP's argument for her!   This could be backed up by (1) reiterating that the advertised mileage does not agree with the MOT history - at least I think that's the case; I haven't quite got my head round it yet, and (2) pointing out that the "sold for spares" bit is simply untrue.  She could wind up by suggesting that she thinks any ADR or court would find in her favour on all three of these points and ask if he wants to reconsider his position.   See if that shifts the dealer any further.   Assuming he won't move, then either go for ADR (is this binding and who does it?) as a first step or continue with legal claim.   Only contra-indications I see:  (1) I think the distance selling/extended cancellation argument is very unusual with a used car purchase and have no idea if it's likely to be successful.  BUT Advice Direct Scotland and Aberdeen TS seem to think it's possible(?) and so does the Motor Trade Ombudsman - so who knows.   (2) BankFodder did suggest several pages back that if the OP got the purchase price back that might be a result, but that would mean either writing off two sets of transportation fees or arguing separately about them.    
    • Hi. I posted on the facebook group about Hermes queries re: a parcel that Hermes said delivered but i didnt receive. It was a private sale of a mobile phone from a seller in Wales to me in Edinburgh.   The seller has stopped contact with me now so I cant get any help from them. Hermes are saying it was delivered but it wasn't.   I have got all copies of emails to and from the seller and to and from Hermes. A photo of the actual parcel that the seller sent me prior to posting.   There also seems to be a some confusion on the Hermes tracking info about which day it was actually delivered but either way I was in my house both prior and after the delivery.   There was no photo but it stated the driver got a signature. Not true cos it was a covid thing not to get signatures. No calling card to say it was left somewhere else or in a safe place. It just simply wasn't delivered.   I've been told to ask for GPS info in order to trace the delivery or driver. I cant even talk to a human or get a valid address to write to.   I sent an email to the CEO guy and still no reply. I've not reported anything to the police but I'm getting all sorts of contrasting advice to do this and not do that etc that im totally lost now.   If you read this David, please get back to me please. Much appreciated.   This happened in June/july so hope im not too late to still do something about it. It's just took this long to only get to this stage. 
    • PAC code   https://tinyurl.com/yxhxcsxf   ...
    • Noted! Hopefully there won't have to be another time though!     I did respond to the email, I just said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any involvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Upon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.     
    • hi,     Just asking for some experience or knowledge.     I purchased a puppy on the 30th of august. On numerous occasions I was in contact with breeder and asked if the puppy showed signs of entropion.    I was told no.   On the 26th of August puppy had first jabs. And apparently their vets said none of the litter showed sign of entropion.    On collection of puppy I noticed he was covered in green mucus. The pen had dog muck spread in there so assumed it was just from pups playing and maybe getting it in each others eyes (poor hygeine on breeders part)   Anyways,   Asked breeder to wipe pup and we left       With in 3 hours we realised that the puppy wasn't well. He physically couldn't open his eyes and when we attempted to clean them his eyeballs weren't visible.    We phoned an out of hour vets and contacted the breeders immediately.     The pup was taken to the vets and we were informed he had a severe eye infection which was a result to entropion.    The vet bill came to around 900 after tacking and meds etc. I asked the breeder to cover the costs. They said no because their vets said their was no issues.     The state on this puppy my vets think he's suffered from birth.     And most certainly not 5 minutes before I turned up.      I've filed a small claims for the cost of the vets and the cost of the puppy.      Where do you think ill stand?    What type of evidence will the judge want to see. Thanks
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    • Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

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Hi All,

 

Missed a monthly instalment on Council Tax so of course they demanded all outstanding for the remainder of year a total o £305, subsequently passed on to Jacobs bailiffs. Entered it to agreement to pay £116 x 3 = £348. £43 pound was explains as there fee. Made first payment unfortunately next payment was rejected for lack of funds (my fault). Got letter stating this and Jacobs wanted the remaining £232 in full in the next 4 days (couldn’t pay this). I got the £232 bout 2 weeks later, call bailiff to pay, he said didn’t have details would phone back he didn’t. Day later he is on my door issuing me a 48 hours removal of goods notice and I now owe £399!! Refused him entry, Printed off zoomans letter and gave to bailiff, he read then skulked off blurting he can charge me what he likes. I called council who didn’t want much to do with it; I paid to them the £232 which they said they couldn’t refuse. My question is where does this leave me in regards Jacobs and there cost?

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where does this leave me in regards Jacobs and there cost?
Technically you owe them £42.50 iirc - Although they are now powerless to collect it or threaten you, as you have paid your liability off in full. The only option for Jacobs is to take you to court for it, if they wish to pursue it legally. As long as the original liability order has now been paid in full, as in you owed the council £400 and you have paid the council £400 (do not count any bailiff charges for this) I would tell them to foxtrot oscar.
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Guest Cartaphilus
Missed a monthly instalment on Council Tax so of course they demanded all outstanding for the remainder of year a total o £305, subsequently passed on to Jacobs bailiffslink3.gif

 

Just a silly question, really but has the council actually taken you to court to get bailifs involved? I don't see any court action mentioned anywhere (in this thread, not looked at your other 2 posts as I've just seen the thread) but that you've had a bailifs visit. Also, which year are we talking about, this year or last?

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Guest Cartaphilus

I think this answers some of my question here, I see someone gave you some advice:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?58550-Council-Tax-and-Bailiffs.&p=3118464&highlight=#post3118464

 

I was just curious as to my knowledge (I could be totally and utterly wrong) for bailifs to show up then they have to do so on the say so of a court, can a council just 'send them?' is what I am trying to say without such prior action being initiated?

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Guest Cartaphilus

Will I get advance notice of a bailiff visit and fees?

From 1 April 1998, local authorities must send you a letter giving 14 days notice of a proposed bailiff visit to collect council tax. County court bailiffs must issue a warning notice allowing 7 days for you to pay.

 

Do I have to pay the bailiff's fees?

The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax; for example, from 1 April 1998 fees for the first visit by a bailiff are £20 and £15 for a second visit, where no levy or seizure is made. All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this.

Source: Insolvency Service section on Council Tax/Balifs

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Guest Cartaphilus
Some more:

 

Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees. Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.

If the debt is an unpaid county court judgment you can apply to the court to stop (''suspend'') the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based jobseeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.

Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellors Department and if it happens to you seek further advice.

If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford.

If you need help filling in forms or negotiating with creditors or bailiffs, see the 'further help' section below.

So, are we talking about one missed instalment from the present financial year or last year?

 

TBH, I think you'd fair better going to talk to someone in person, instead of phoning your local council, the person you spoke to may not even be trained in such matters and you will almost always meet with some 'obstruction'. Merely being honest but you are wasting your time, money phoning. You are perfectly entitled to do this, make an appointment to see someone more superior, as you have no idea the grade/status of the person you spoke with ie lack of knowledge.

 

As to the 'he can do what he likes' stuff ... Oh, no he can't and the obvious intention there was to ... sounds like he was harassing you and also making it public knowledge in that street to anyone listening you had a bailif on your doorstep, in other words causing you more embarassment and distress because you send them away.

 

I suppose if chose to you could report them for the shouting and saying that to you. Mind you, I know of a local council that ... well, their bailifs have been known to shout/yell at people in the shopping centre for no apparent reason ... saying they are 'going to get you' ... I did take this up with the council concerned at the time and was told that whilst they knew about such things, they continued to use that company. Means to an end in other words. Doesn't make it right, though.

 

Edited - Seems someone is giving you more appropriate advice on the other thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?58550-Council-Tax-and-Bailiffs.&p=3118603#post3118603

 

you initially post on, only it gets a bit confusing trying to follow a scenario in several different threads, thus can end up giving the wrong advice.

Edited by Cartaphilus
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Moved to the Bailiffs Forum

Anthrax alert at debt collectors caused by box of doughnuts

 

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My car was on the drive when they arrived, they cant take it can they?

They can levy on it, but not for their fees. Some councils will take out the fees owed to bailiffs from what you have paid, then they will state that you owe the council an outstanding amount. If your council has not done this then the bailiff will have to take you to a small claims court to get his fees.

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Well that has relaxed me some what. Thank you all for all of the advice and input. I feel like i eventually stood up to the school bully. In the interruim i have contacted my local counciller who has said she was horrified of the charges and in what manner they were attempted to be collected. She is on the case today. I will update when i hear some news. Thanks all again!

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