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    • Good Evening, I received this pack yesterday its an application notice to change claimants. Will they be chasing me for this as they were successful with the first claim? many thanks Webb 1.Application Notice N244rd.pdf 2.Asset Transfer Deed r.pdf 3.Notice of Assignment Part A Letter 1 & 2rd.pdf 5.Claim Form rd.pdf 6.Draft Order rd.pdf
    • Hi, If they haven't followed the court's directions there will be little tolerance of the court. Anyway please can you upload a copy of the court paperwork
    • Yes, you should have applied for an immediate strike out as soon as the deadline expired. Without the agreement, they are stuffed Forget Barclaycard, Asset link is now the creditor, and it is down to them to provide the agreement.  That needs to go into the witness statement. They have not provided the agreement contrary to directions of the court and request the court strike out the claim as to the original court directions.
    • I did not receive a notice via post but in my claim status it shows my claim was transferred to a court I requested in my DQ, as it is closer to me.    Defense I filed:  1.       The Defendant contends that the particulars of claim are vague and 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.       The defendant paid the lead tenant a fixed sum monthly bill without fail for the extent of the rental period of the accommodation their contract was associated with who was responsible to make payments to the claimant, ending in June 2023. 3.       After moving out, a month later, the claimant wrote to state that an outstanding sum existed. Further stating, as one of the 10 tenants at the time, I now owed them the full sum instead of my 1/10 proportion of said debt, as 10 students were at the dwelling. They also intimated that they were legally allowed to charge me the full sum if the other renters were not to pay their share under some equal and joint severity rule. 4.       Despite sending numerous requests prior to the court claim being raised for copies of said bills for said utilities covered by the agreement, the claimant failed to send any clear bills. This included a CPR 31.14 on xx/xx/xxxx sent via post. 5.       The defendants stress that they acted in good faith to settle the outstanding balance, as evidenced by the confirmation received from the claimant.  Any subsequent demands for additional payments are unwarranted and contradict the claimant's previous acknowledgment of settlement. 6.       Pursuant to OFGEM code of back billing rules the alleged charges relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging. With the court’s permission the Claimant is put to strict proof to: - a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) 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.It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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hi i got sent to court over council tax at the time i was about half of a month behind , when i rang they said its because im behind and not paying to the terms not on the first of the month this was last month i said i was going to pay £100 dec and £100 jan council tax paid . Today i have recieved a letter for council tax liability order/notice of potential bailiff action and amount £248 so they have added £48 . I am not very happy , anyway the question is can they do this as ive looked at my origional council tax bill and its states first instalment due on 1/04/2011 then it says other instalments due from 01/05/2011 to 01/01/2012 so to me that doesnt state they have to be paid on the 1st also to me thats says you need to pay by the 1st of jan 2012 ?

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Council Tax is due each year to be paid in full on 1 April. As a dispensation the Council may allow you to pay in instalments usually over 10 months although more are now offering 12 months). Choosing to pay by direct debit also usually allows you a choice of dates within the month - some even offer the 28th of the month. If paying by any other means then payment is due on 1st of each month by clear funds - this means that you should pay a week in advance to allow for the funds to reach the correct amount.

 

If you pay late then the Council may send you a reminder to bring your account up to date within 7 days, if you then fail to do this they will write again and tell you that you have lost the right to pay by instalments and the whole of the year is then due in full if not brought up to date within 7 days again. Failure to do this brings you to where you are now, in receipt of extra costs added to your bill. If not paid they will pass your account to the Bailiffs for enforcement which will mean added costs again. To halt any further action you will need to pay in full ASAP.

 

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I see what your saying but on the council tax bill it doesnt state it has to be paid on the first of the month it just says installments from 1st june to 1st jan

It just pees my off how they leave the roads the way they are street light out buns emptied once a fortnight and you pay later than the first and get penilised, might as well just stop work on go on benefits and get everything paid for

 

Council Tax is due each year to be paid in full on 1 April. As a dispensation the Council may allow you to pay in instalments usually over 10 months although more are now offering 12 months). Choosing to pay by direct debit also usually allows you a choice of dates within the month - some even offer the 28th of the month. If paying by any other means then payment is due on 1st of each month by clear funds - this means that you should pay a week in advance to allow for the funds to reach the correct amount.

 

If you pay late then the Council may send you a reminder to bring your account up to date within 7 days, if you then fail to do this they will write again and tell you that you have lost the right to pay by instalments and the whole of the year is then due in full if not brought up to date within 7 days again. Failure to do this brings you to where you are now, in receipt of extra costs added to your bill. If not paid they will pass your account to the Bailiffs for enforcement which will mean added costs again. To halt any further action you will need to pay in full ASAP.

 

PT

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Hi davidoneman

 

It may not be of use but with my own council when you are sent your yearly council tax bill the envelope is packed with different leaflets and one of those actually contains the councils policy on payment of council tax and in it it states almost word for word what Ploddertom has stated.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 4 weeks later...

Wife missed dec payment so owe £56 to clear

no reminder just summons today and extra £55 charges

highway robbery

--------------

And by the way i am on benefits and do pay council tax

Edited by biglesbo
1
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Definition

In this information ‘we’ or ‘our’ means Bradford Councils’ Revenues and Benefits

Service.

1. Recovery process up to Liability Order stage

1.1

We send annual council tax bills in March or April each year. We also send

adjustment notices on a daily basis for accounts where amendments have been

made e.g. a change of address or a benefit award.

1.2

We offer the 5th, 10th, 15th and 25th of the month should you pay by our preferred

method of payment of Direct debit or we offer a number of different payment

methods and dates for you to pay your account (5th, 15th or 28th of each month)

should you chose to pay by anything other than Direct Debit. We promote

payment by direct debit, as it is the most efficient payment method. It also helps

you to avoid missing instalments and being subjected to recovery action.

1.3

All bills include a monthly instalment plan. If you want to change your instalment

due date you must contact us. If you make regular payments, but not on or before

the instalment due date, recovery action may be taken as payments are late.

1.4

First Reminder Notice – We will send a Reminder Notice that shows how much

is overdue, and you will need to pay this amount within seven days. You can then

still pay monthly as shown on your bill. If you do not pay within the seven days,

after a further seven days you may be sent a court summons that will demand for

the remaining balance of the whole year’s charge to be paid, with additional

court costs of more than £50.00.

1.5

Second Reminder Notice – Where you have previously been issued a First

Reminder Notice. If you pay the amount within seven days you can then still pay

monthly. If you do not pay within the seven days, after a further seven days you

may be sent a court summons that will demand that the remaining balance of the

whole year’s charge to be paid, with court costs of more than £50.00.

1.6

Final Notices – These are issued where there are no further instalments due on

the bill beyond the amount outstanding or where the maximum number of

reminders have already been issued. No more than two reminders are sent each

year so if you are late paying for the third time you will be sent a final notice for

the remaining balance of the whole year’s charge to be paid in one lump sum

within seven days

1.7

If payment is not made a summons will be issued from the Magistrates’ Court.

Once a summons has been issued, the full amount of council tax, together with

the summons costs will be due.

1.8

Summons - If you do not pay as your reminder, or final notice instructs, we will

ask the Magistrates’ Court to send you a summons. The summons will give you

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