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    • Thank you for this. It's very helpful. You say that they have omitted their breach of duty of care. In other words they have admitted to negligence. The rest of your questions relate to quantum. Once you have established that they owed you a duty and that they have breached their duty then the only question is whether the losses they have caused you are easily foreseeable. Because they've admitted their breach of duty – and clearly it must be a duty which was owed to you, then the only question is how much are they going to pay you. The courts are not in the business of awarding more than your losses so you have to establish the extent of your losses headed variously under actual losses – ascertainable losses such as expenditure, loss of income and so forth. In all these are known as special damages – not because the special but because they are specific – you can specify them. After that it becomes more nebulous and you have to start calculating your General damages and that really is where the arguments will lie. Loss of value, loss of chance, loss of reasonable expectations and so forth. As you are already using a solicitor your solicitor will have much better access to resources for the calculation of quantum – but at the end of the day as they have already admitted negligence, it will come down to negotiation/haggle where you start it your highest and they start the lowest and you meet somewhere in between. Of course what can bring it to ahead is if you start to become very aggressive and rapid in your actions. These people are used to doing things very slowly and also they are used to stringing you along. Because they are dealing with your solicitor, that fits very much into that sort of culture because that's what your solicitor expects. On the other hand, there would be nothing to stop you leaping into action, sending them your demands for compensation – and then when they start to balk, you issue your letter of claim and then issue court proceedings. This would be unexpectedly assertive on your part and would put them on the back foot and false them to focus on the issue. Your solicitor will probably not want to go along with this approach. If you came at them with a demand for compensation, then you would have to have your figures very carefully worked out and justifiable. It must look like a money grab and if it went to court, the court would be very careful about examining your claim and making sure that you won't getting a penny more than the total of your losses. The purposes of damage in tort are to return you the position that you would have been in had the breach of duty not occurred. In other words to take you back to zero. Have you got any figure in mind for reasonable compensation? Another problem is that if the figure you want is more than £10,000, then if you sue for that figure you will find that your case is allocated to the Fast Track. The small claims track is where one sees for less than £10,000 and even if one loses, one does not pay the costs of the other side – the winner. On the fast track, if you lose the case then you will pay a fairly large contribution towards the cost of the winner. This can be very offputting and also well resourced defendants often exploit this when they know they are dealing with a litigant in person and they dragged the legal procedure out so that costs are racked up and the risk factor for the litigant in person claimant becomes even more serious so that the litigant in person realises that if they do lose the case, the cost that they will have to pay to the winner will cause them serious financial problems. What has your solicitor said about quantum? As you have engaged a solicitor then that really is the best person to be handling this although as I said, it will probably be drawn out – unless you get a Caravaggio or Christopher Marlowe -type who is prepared to kick below the belt.
    • 8/6/20 work commenced on our development land (outline permission granted in 2005) by UU to remove a leaking 4mt, 21" diameter section of damaged ACM pipe resulting in an excavation approx 8m diameter and 5mt deep.   10/6/20 Pipe broken up into smaller sections by digger bucket (2 main sections)to remove from hole, some debris was left in the hole, no PPE, RPE or adherance to COS regs (admitted by contractors)   10/6/20 Damaged pipe sections placed back into excavation at depth of 3mt and then the ACM was totally smashed up by the digger into hundreds of small pieces of debris and buried under the cover of night.  Again no PPE, RPE or adherence to COA regs.   27/7/20 Raised concerns of burial of asbestos on development land rendering it useless and valueless as believed to now be contaminated land.   28/9/20 2nd excavation commenced to remediate the land, works carried out ineffectually, ie not hand picked, but soil removed with a digger bucket and shaken and only large pieces which rose to the top removed for waste removal.  The spoil in the bucket that was left was then placed on the ground unprotected from the clean ground and then all that soil was replaced in the excavated area after large pieces removed.   11/10/20 Found 3 pieces of asbestos debris (differing sizes) lying loose on the land intimating that the excavated area is not clean based on the sizes found. UU advised and visited site but no intention to investigate further the excavated area. Requested a 'clearance' cert from UU or weight of asbestos waste removed to compare to weight of intact section of pipe. We require this  to apply for full planning permission on the site. UU will not provide although they have provided fibre tests showing no asbestos found.  We have now found approx 12 pieces of asbestos debris (without searching for it) all differing sizes.   9/11/20 Referral to Environmental Health, HSE, Ofwat and CCW.  HSE, Ofwat and CCW cannot help.   3/8/21 Envronmental Health Manager, local authority has now taken on the case and is investigating under the Environmental Protection Act and this will hopefully result in UU clearing the land under their notice.   Very brief bullet points there has much discussion between all of these dates. I have today requested an SAR from UU.   Question: What are we able to claim for against UU? (assuming the land is cleared by them under notice from Environmental Health) Breach of duty of care? (they have admitted to this) Fixed expenses we have incurred, ie, Solicitors costs (prior to case being taken on by our insurers), Civil engineer costs in locating  the pipes and marking with GPS coordinates, damages to driveway Delays to development plans? (currently we have only been to commence building one property on a site of 4 until this is rectified, the local council have advised that until we have the clearance certificate full planning permission would not be granted) Compensation for negligent actions?  Thank you
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    • I noticed that thread is sev years old. We might have moved on    Let @FTMDave advise    Monday will be fine. Don't sweat you are a litigant in person with certain leeways. Not that you need them mind.   dx        
    • Hello,    After a year and a half I have had my LBC and I am preparing the letter the forum has  advised people to send. I will post it here later today. vcs lbc.pdf
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EQUITA bAILIFF CALLED THIS MORNING REG: UNPAID COUNCIL TAX


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Here we go again.

dealing with Equita bailiffs:

 

called this morning regarding outstanding council tax of £710 from 2007-2008

have been recently paying our old city council direct weekly installments via bank transfer since april this year after being contacted by equita i still only paid council direct which was fine as had no visits from Equita but after missing a few payments they instructed bailiff to call today- which he did by nearly banging my front door down i only answered cos my children were there otherwise i would of let him bang away all morning.

after demanding £950 within 24 hours he took notes of my car on the driveway which he said is amount note paid within 24 hrs he will be back to remove my car.

contacted council they are not willing to except installments or take the debt back so contacted equita who told me to only deal direct with my appointed bailiff who is not willing to make an installment plan etc etc

 

so any ideas where i go from here? obviously not wanting him to take my car nor do i have that amount of money just sitting around : (

Edited by jenjuly82

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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Hi Jen

 

Are you a Vulnerable Person? If so you should contact the council, send an e-mail telling them to call the debt back and pay in installments. You should make

payments to the council not the bailiffs.

Make sure all doors windows are closed. Park the car somewhere else.

 

The nation standards of Enforcement agents 2002

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English

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no i dont fall into any of them catagories, the debt is in mine and my partners name for a property he owned which was repossced 2 yrs ago, my partner is a self employed scaffolder and im unable to claim any benefits but also dont work.

our out goings are £375pw but some times he doesnt earn that a week thats why sometimes i have missed an installment.

but with little to spare each week we are not likely to be seeing that amount in the very near future.

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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Have a chat with your local councillor, they may be able to get a payment set up either with the council or bailiff company at a rate you can afford. Or even your local MP. Its worth a shot. you can find your councillor on your council website.

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my partner has just spoke to bailiff and he will only except £150 a week for 6 weeks for cover the £900 my council tax bill is only £710 he wants direct payments to him weekly over the phone.

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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Hi Jen

 

If your not claiming benefits and not working then you would be a 'Vulnerable Person' also if your partner is self employed then his income isn't guaranteed.

I would contact the Council telling them that. Speak to the Council, but ask for a Manager.

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have you requested a break down of charges?

Have you let in in to levy on items and has he given you an inventory of the listed items,

I suggest you move your car pronto.. if you havnt let him in then DONT!!!

He cannot force his way in.. try and contact the a councillor.

Were you aware of this debt BTW?

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have you requested a break down of charges?

Have you let in in to levy on items and has he given you an inventory of the listed items,

I suggest you move your car pronto.. if you havnt let him in then DONT!!!

He cannot force his way in.. try and contact the a councillor.

Were you aware of this debt BTW?

 

no i didnt let him in the house, but car was parked on the drive! yes he handed me an inventory of the car listed!

i know not to let him in my property keep all windows and dorrs closed etc.

from feb 2009 - dec 2010 the debt was coming out of jsa then my partner got a full time job then became self employed april this year

payments have been regular weekly since april this yr minus a few missed payments.

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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I'm aware that the debt is in joint names and that there isn't a fixed income coming in.

 

I have to disagree with you there Rebel, the debt is in joint names and there is income coming in, the OP is not classed as vulnerable.
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I'm aware that the debt is in joint names and that there isn't a fixed income coming in.

As much as I understand where you are coming from rebel, there is still an income coming in, how ever if it was made up from benefits then they could argue the case. I think the best way for the OP to go is to contact their MP/councillor and try and get them to intervene to get payments reduced to a more affordable payment.

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he got a mortgage in his name but we were both on the council tax bill !!

even so me and my partner still live together but at different property than the one being chase for the outstanding council tax bill.

so i would still have a bailiff knocking my door regardless

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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my partner has just spoke to bailiff and he will only except £150 a week for 6 weeks for cover the £900 my council tax bill is only £710 he wants direct payments to him weekly over the phone.

 

To do this he wants your bank card details - if so he will try and take as much as he can all at once and leave you with nothing. Do not do it. Have you checked with the Council to see exactly how much you owe - do not believe the bailiffs figures as he failed his maths exams.

 

PT

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To do this he wants your bank card details - if so he will try and take as much as he can all at once and leave you with nothing. Do not do it. Have you checked with the Council to see exactly how much you owe - do not believe the bailiffs figures as he failed his maths exams.

 

PT

 

 

we owe £710

he wants £950

 

extra £240 problem is if i dont pay him direct each week then he is just going to come back to get the car - im going to try pay direct to the council as much as i can each week but soon he will be back

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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I note what you say about him coming back and for him to that something appears not to be right.

 

You can write to Equita of course thanking them for allowing their Bailiff to allow you to pay in instalments - after all he has agreed this. Their website allows you to pay by phone, online or by post.

 

PT

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Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:

 

as for your car how old is it? I.E. would the sale of it actually cover a large percentage of the bill anyway?

a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailifflink3.gif fees, , removal storages and auctioneers fees.

 

 

try and find the book value of the car the auction value will be less if it wont cover the above fees then your levy may be unlawful

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