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    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • lookinforinfo
      ECP ANPR Lease CAr PCN - MFG Esso Cobham serv station A2 Trunk Road, Cobham DA12 3BH

      By lookinforinfo · Posted

      The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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      How Can Employers Engage with Young People Who Have Left School or Otherwise Disengaged?

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      Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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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.
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

PCN Appealed & PAID - 1.5 years later bailiff turns up! Apparently didn't pay full amount!

crocket

By crocket
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crocket

crocket

Posted
Posted

I had a ticket in Jan 08. This was informally appealed with council and lost. Went to tribunal (as the ticket wording was not legal enough) and lost. Re-appealed the tribunal decision and it was dismissed. Copy of recording etc was rejected.

I was advised to contact MPs etc but I really couldn't be bothered as the fight had already been 6 months, and I'd must of had 100 pages of letters and evidence etc...

Genuinely paid what I thought was due, everywhere it says that the amount should be frozen to the 'pre-appeal stage' and paid the £25.

The cheque was banked in October sometime.

I haven't received any letters since and today the bailiff turns up demanding £250!

Rang the council and they say the amount was not paid in full, I asked them why they didn't contact me and they said 'we don't chase payments, it's up to you to pay in full' although I thought I did at the time.

What can I do to stop the bailiffs, reading other posts a TEC or N244???

I rang the bailiff up asking if the warrant was genuine, he said yes - asked him where it was issued and date and said he didn't have it on him... sounds dodgy…

Haven't received a court warrant through the post?? do these get posted out?

Hope you can help! To at least get the cost back down to the original £50 or £80 without paying the bailiff extra money :)

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Bazooka Boo

Bazooka Boo

Posted
Posted

AFAIK any court summons WILL get posted OR delivered by hand and signed for.

It sounds like you need to get onto the LGO ASAP, as well as you LA (council) and lodge a formal complaint about this.

http://www.lgo.org.uk/

 

A point to note is that Bailiffs CANNOT force their way into your home, they first need to have gained 'peaceful' entry to have any right to break into or force entry into your home.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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crocket

crocket

Posted
  • Author
Posted

Thank you for your advice, I will make a formal complaint and see what the outcome is with the LGO!

 

Can someone tell me whether the PE2 and PE3 forms is the right action for me to be taking?

 

I've got the local court to book me in for the signing of the documents on Tuesday. (Judge was gone when I went on Friday!).

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Jamberson

Jamberson

Posted
Posted

After the tribunal hearing, the tribunal (PATAS or NPAS) should have written to you telling you the outcome of the case. This should specify what you have to do and how much needs to be paid.

 

You can challenge the bailiff warrant with a PE2/3. You do not need to make an appointment at the court. There is no summons and no court case and you do not need to see a judge. All you need to do is take the completed but unsigned forms into your local county court and at the reception desk they will witness you sign and date them, and give them a court stamp. (When you fill in the form, tick box 3 - appealed to the adjudicator but had no response.)

 

Then, post them to Northampton County Court.

 

The council in question may refuse to accept them. They can do this, unless there is a good reason why you did not settle the payment in full at the time, so make sure you explain what happened on the forms. But this is what you need to do for now, and see what happens.

 

I can't see the LGO will be of any use to you, unless the council has behaved improperly. My hunch is, you owed more than you realised, which isn't impropriety.

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green_and_mean

green_and_mean

Posted
Posted
After the tribunal hearing, the tribunal (PATAS or NPAS) should have written to you telling you the outcome of the case. This should specify what you have to do and how much needs to be paid.

 

You can challenge the bailiff warrant with a PE2/3. You do not need to make an appointment at the court. There is no summons and no court case and you do not need to see a judge. All you need to do is take the completed but unsigned forms into your local county court and at the reception desk they will witness you sign and date them, and give them a court stamp. (When you fill in the form, tick box 3 - appealed to the adjudicator but had no response.)

 

Then, post them to Northampton County Court.

 

The council in question may refuse to accept them. They can do this, unless there is a good reason why you did not settle the payment in full at the time, so make sure you explain what happened on the forms. But this is what you need to do for now, and see what happens.

 

I can't see the LGO will be of any use to you, unless the council has behaved improperly. My hunch is, you owed more than you realised, which isn't impropriety.

 

How can he possibly claim he had no response to his adjudication when in his first post he says he lost and paid £25, unless he is psychic he must have had a response.

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crocket

crocket

Posted
  • Author
Posted

I've just gone through the documentation again, I did receive a response from the tribunal but nowhere does it state the amount due.

 

At the beginning of the Traffic Penalty Tribunal decision letter it states:-

 

If payment is required, please send payment to the council, not the Traffic Penalty Tribunal.

 

This and any subsequent letters do not state a deadline or amount or even payment is required! Just says appeal is dismissed.

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green_and_mean

green_and_mean

Posted
Posted
I've just gone through the documentation again, I did receive a response from the tribunal but nowhere does it state the amount due.

 

At the beginning of the Traffic Penalty Tribunal decision letter it states:-

 

If payment is required, please send payment to the council, not the Traffic Penalty Tribunal.

 

This and any subsequent letters do not state a deadline or amount or even payment is required! Just says appeal is dismissed.

 

To get to the adjudication stage you must have got an NTO which stated the correct penalty that was due as did the penalty charge explain the discount only lasted 14 days thats why its called a 'discount'.

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green_and_mean

green_and_mean

Posted
Posted
So if I appeal at any stage I loose the right to the 50% discount? The 14 days grace period is not extended?

 

You cannot appeal until the NTO ie 28 days have passed so the discount will have expired. You can make informal representations before the discount expires and if you get rejected it will often be extended as a matter of goodwill but it is impossible to go to adjucication and still get the discount.

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green_and_mean

green_and_mean

Posted
Posted
So that clears that up then! :( Due to no paperwork with amount AFTER the adjudication I thought it was £25 not £50.

 

Sadly no, the NTO should have clearly stated the penalty charge that was due which is logical otherwise there would be no point in having a discount and full amount if at any point you could still choose to pay 50%.

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Jamberson

Jamberson

Posted
Posted

I've been to hearings where the adjudicator has obtained verbal agreement from both parties that the discount can be paid as full and final settlement. That may not have been the case here, but I am surprised if their letter did not stipulate "full charge" or some such statement, as it's not always a given. In any case, there is no appeals process for the adjudicator (as the OP found out), so I guess there's noting you can do now.

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green_and_mean

green_and_mean

Posted
Posted
I've been to hearings where the adjudicator has obtained verbal agreement from both parties that the discount can be paid as full and final settlement. That may not have been the case here, but I am surprised if their letter did not stipulate "full charge" or some such statement, as it's not always a given. In any case, there is no appeals process for the adjudicator (as the OP found out), so I guess there's noting you can do now.

 

Whilst not doubting your experiences, I cannot see why this would arise since you have to appeal the NTO which states the discount has gone, why a Council would take it all the way to adjudication and then decide to accept half the penalty is beyond me. Its also very unfair unless they do it to every appealant allowing some people to pay 50% and others not is far from being consistent.

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tomtubby

tomtubby

Posted
Posted
I had a ticket in Jan 08. This was informally appealed with council and lost. Went to tribunal (as the ticket wording was not legal enough) and lost. Re-appealed the tribunal decision and it was dismissed. Copy of recording etc was rejected.

I was advised to contact MPs etc but I really couldn't be bothered as the fight had already been 6 months, and I'd must of had 100 pages of letters and evidence etc...

Genuinely paid what I thought was due, everywhere it says that the amount should be frozen to the 'pre-appeal stage' and paid the £25.

The cheque was banked in October sometime.

I haven't received any letters since and today the bailiff turns up demanding £250!

Rang the council and they say the amount was not paid in full, I asked them why they didn't contact me and they said 'we don't chase payments, it's up to you to pay in full' although I thought I did at the time.

What can I do to stop the bailiffs, reading other posts a TEC or N244???

I rang the bailiff up asking if the warrant was genuine, he said yes - asked him where it was issued and date and said he didn't have it on him... sounds dodgy…

Haven't received a court warrant through the post?? do these get posted out?

Hope you can help! To at least get the cost back down to the original £50 or £80 without paying the bailiff extra money :)

 

You should have received a Charge Certificate and an Order for Recovery. Did you receive these statutory notices? Have you moved address since the PCN was issued to you?

 

You need to telephone the Traffic Enforcement Centre on Monday ( on 08457 045 007) to ask for confirmation of the ADDRESS and THE DATE of the warrant. You need to ask them whether you would need to file a PE 2 & PE3 or the TE7 &TE9. Whichever form that you use you need to ENSURE that it is sent back to TEC by either email or FAX. Do NOT rely upon the post.

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  • 4 weeks later...
crocket

crocket

Posted
  • Author
Posted

OK, so before christmas I filled out forms TE7 & TE9.

 

I've received a response back from a court officer saying the application has been rejected.

 

There is a letter attached from the council stating they posted out letters with dates.

 

Do I fill out form N244 (£40 hearing) or do I just give up and pay the bailiffs?

 

I posted out a cheque for £25 and £50 to the council but they returned them saying pay the bailiffs!

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crocket

crocket

Posted
  • Author
Posted

On the letter from the council to TEC it says:

 

Charge Certificate sent 17/09/2009

 

A payment of £25 received on 30/09/2009 leaving balance of £50

 

Pre-Debt letter sent 10/12/2009

TE3/TE9 09/07/2010

 

The pre-debt letter according to them showed amount due & payment made...

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Jamberson

Jamberson

Posted
Posted

If these docs went to the correct address, you will struggle with an N244. The Charge Certificate should have advised on an amount, and then follow-up documents were sent as well. I think you're on to a loser if you go for it, but it's very much your call of course.

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crocket

crocket

Posted
  • Author
Posted

Didn't move address or anything so they were sent to the correct address by the council.

 

What's £40 is not much compared to the £250 ... think I may try it

 

Can the bailiff just charge what they like, I can't see how they have racked up say a £50 amount due and put on £200 ontop for their visit?

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Jamberson

Jamberson

Posted
Posted

Bailiffs should have a fixed scale of charges and you are entitled to a breakdown of what they are charging for, if you ask them. They will apply a fixed fee for each letter, knock on the door, etc. So far as I am aware their charging structure is not fixed by legislation, so in that sense they can charge what they like, provided they don't get ridiculous about it.

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green_and_mean

green_and_mean

Posted
Posted
Didn't move address or anything so they were sent to the correct address by the council.

 

What's £40 is not much compared to the £250 ... think I may try it

 

Can the bailiff just charge what they like, I can't see how they have racked up say a £50 amount due and put on £200 ontop for their visit?

 

Debt collection is a business with associated costs you are not just paying the wages of a baliff for the time spent at your house.

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