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    • for more information both driving offences were on the same day 18/11/23 so currently fall inside the 6 month mark for prosecution is that correct?
    • You're a wizard with Booking.com, Dave. I'll wait to see if you have any joy talking to your buddy and hope you have a good catch up. Thank you for doing this. I'm not sure the owner of this gite knows what she's doing so I'll certainly mention what you've just said about customer services. I'll wait for the result of your conversation first, though. HB
    • Yes, I noticed that.  Too much of a coincidence methinks!  The OP says they never received a LoC and then in the CPR answer the solicitors say they hold a copy of the LoC but don't include it. I think the best thing is not to request a copy but use this against them in your WS - you never received LoC and indeed in their answer to your CPR request (included an an exhibit in the WS) they included various documents but not the LoC.
    • Frustratingly I've got a voice WhatsApp message from my friend but he's misunderstood the situation and thinks it's you who wants to cancel.  Anyway, I've answered asking if I can call him and hopefully the two of us will be free at the same time today to actually speak on the phone. In the meantime I found this on a page I think meant for people/businesses who have listings on Booking.com How can I communicate with guests to inform them about unforeseen issues at my property and initiate a cancellation? If you’re experiencing unforeseen issues and can’t accommodate your guests, you must report this to our customer service. They will support you with the cancellation request and relocation of the guests, if applicable. https://partner.booking.com/en-gb/help/reservations/changes-cancellations/handling-cancellations-and-guests-cancellation-requests#question-153182 So that's what the host should be doing.  
    • Hi ALl,    Would appreciate some advice and support. I went to insure my car with my partner last night and they refused insurance. I checked my dvla license online and it stated I have been disqualified for 6 months. This is due to 2 driving offences that I failed to identify the driver. I moved house a year ago and completely forgot about changing the registered address. This went to court on 14th May 24 and was given a fine for both and 6 points each totalling 12 points and a 6 month ban. I have read a few things online and spoken to a couple of solicitors for a quick consultation and views and opinions are so varied. Some solicitors are charging extortionate money for something that I know takes 5 mins such as the statuary declaration.    I am going to complete a statutory declaration today and get a solicitor to sign and submit this. But is this just delaying the inevitable? what's the likely hood of being able to overturn this and just pleading guilty to the original 2 offences and take the 3 points for each and a fine with no ban? Any help would be much appreciated, I have been sent the papers by the courts today so have this to hand. Looks like I'm only being charged for the failure to identify and not that and the speeding offence if that makes any difference.    R
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not a chance of that, nothing to levy on outside the house either apart from works van and i have that covered as its my means of business insured only for business so council will tell them no if they try that one on

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Ok check this out by email

 

 

Dear Mr eggy12

 

We thank you for your email, the content of which has been noted.

 

We are more than happy to supply the information requested,

but must stress to you that the balance outstanding will need to be confirmed with our Enforcement bailiff, Mr . You may contact Mr on

 

Mr [EDIT] made the first visit on Monday October 31, 2011 at 10:25am. A fee of £24.50 was rasied for this visit.

Mr EDIT] obtained his certificate at Liverpool County Court on the 6th December 2011.

 

At the time of the first visit, the bailiff concerned was not listed on the Certificated Bailiff register as he was a Trainee Bailiff whose application for a Bailiff Certificate

was due to be heard at the County Court.

 

The trainee was currently working under the direct supervision of a Certificated Bailiff and did not undertake any levy of distress thereby incurring fees illegally.

 

The requirement for a bailiff to be "Certificated" relates specifically to action of undertaking a "levy" of goods.

This was clearly not the case in your debt but should a levy have taken place this would have been conducted by a Certificated Bailiff.

 

Mr made a second visit on Thursday the 2nd Februart at 6.53am.

The fee incurred at this point was £18.00.

 

A third visit was made on Monday the 6th February 2012 at 9.07am, for which no fees were incurred.

 

Mr made a further two visits, one on the 8th of March 2012 at 13.08pm and on the 26th March 2012 at 12.14pm. Again, no fees were incurred for these visits.

 

Mr returned on the 27th March 2012 at 6.48am.

During this visit Mr levied against a Vauxhall vehicle, with the regisrtation mark *******.

The fees incurred at this point were £46.00 levy fee, £24.50 schedule 5 header H fee and £110.00 attendance fee.

 

Mr EDIT] was certificated at Liverpool County Court on the 15th March 2011.

 

Please contact Mr to verify the balance outstanding and to make payment in full.

 

Failure to do so may result in further recovery action.

 

Regards

Jacobs

 

Jacobs Certificated Bailiffs

4 Europa Boulevard

Wirral

CH41 4PE

 

Office:

Fax: 0151 650 4999

 

Just having a bite to eat, will post my thoughts in a while

 

Eggy

Edited by dx100uk
please do not publish names - dx siteteam
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Dear Sir

 

I regret to inform you your levy and associated fees made to a vauxhallxxx regxxx can be seen to be invalid as this vehicle is soley for use to my business and is insured accordingly with myself as the only named driver and therefore exempt from levy. The header H fee you make mention to is also invalid as the vehicle was not removed for sale to auction and did not incur any need to advertising. Therefore as I see it your bailiff is entitled to 1st & 2nd fees totalling £42.50

 

That you can be seen to have added fees not conducive with those laid down in statute allows me to refuse to have any further dealings with your bailiff and can advise payment will be made in full to XXX Council inclusive of your lrgitimate fees and I suggest it is to them you seek those fees.

 

Yours

 

2y's4u

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If they haven't left you with a Notice of Seizure of Goods and Inventory, but charged you a levy fee, then they are in breach of the Council Tax (Administration and Enforcement) Regulations 1992.

 

 

If your liability order is for £680.24, the levy fee (if it had lawfully been carried out) would be about £45.

 

EDIT:

 

Other possible fees additional to the £24.50 + £18 visit fees:

 

Head H fee - £24.50 (unlawful if the haven't taken goods away, or incurred advertising costs)

 

This would leave £123 for a van fee. (unlawful because unlawful levy)

 

Need a breakdown to confirm.

 

Ok, so they charged £46 for the levy and £110 for attendance/van fee. This would leave £12, which I should think is a fee for entering into a Walking possession agreement, which you haven't done, have you?

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Ok, the first visit by the uncertified one i have no record of and suggest they are trying to cover themselves some way as no mention of whom was in charge..

2nd os feb as far as i am concerned was the first visit, i remember this as it was the day before my birthday (need to find out day of liability order)

Main bailiff did returen on said dates..

The last being most important, He posted letter through box NOT A LEVY, i told him day before i have money to pay off debt, he took card details(old card details) and told me

he would process it in the morning as payments were offline, on that same night i then paid council enough and more to clear liability order, the Levy as suggested by them was done the following day, the letter was nothing to do with a levy.. I have all these letters he posted none of them showing any added charges or in fact any legal paperwork, just adding them hand written each time, I can post these if required, although i do believe the next visit i get from him will be a back dated levy and other numerous stuff !

Eggy

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Ok, so they charged £46 for the levy and £110 for attendance/van fee. This would leave £12, which I should think is a fee for entering into a Walking possession agreement, which you haven't done, have you?

 

NO

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Dear Sir

 

I regret to inform you your levy and associated fees made to a vauxhallxxx regxxx can be seen to be invalid as this vehicle is soley for use to my business and is insured accordingly with myself as the only named driver and therefore exempt from levy. The header H fee you make mention to is also invalid as the vehicle was not removed for sale to auction and did not incur any need to advertising. Therefore as I see it your bailiff is entitled to 1st & 2nd fees totalling £42.50

 

That you can be seen to have added fees not conducive with those laid down in statute allows me to refuse to have any further dealings with your bailiff and can advise payment will be made in full to XXX Council inclusive of your lrgitimate fees and I suggest it is to them you seek those fees.

 

Yours

 

2y's4u

 

 

Nice

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You will of course be asking the Council a general question - do they allow their contractors to use uncertificated Bailiffs and if they do under what circumstances.

 

PT

 

Yes PT.. I think whom ever wrote that email did not think things through properly.. What I can do is ask council for screen shots of account as from experiance from last tme the council have direct access to said account

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Dear Sir

 

I regret to inform you your levy and associated fees made to a vauxhallxxx regxxx can be seen to be invalid as this vehicle is soley for use to my business and is insured accordingly with myself as the only named driver and therefore exempt from levy. The header H fee you make mention to is also invalid as the vehicle was not removed for sale to auction and did not incur any need to advertising. Therefore as I see it your bailiff is entitled to 1st & 2nd fees totalling £42.50First visit by an un certified bailiff, please supply name of certified bailiff

 

That you can be seen to have added fees not conducive with those laid down in statute allows me to refuse to have any further dealings with your bailiff and can advise payment has already been made for full liability order before letter posted not levywill be made in full to XXX Council inclusive of your lrgitimate fees and I suggest it is to them you seek those fees.Or just train your bailiff's better and go find a high point and jump

 

Yours

 

2y's4u

 

maybe

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Dear Sir

I regret to inform you your levy and associated fees made to a vauxhallxxx regxxx can be seen to be invalid as this vehicle is soley for use to my business and is insured accordingly with myself as the only named driver and therefore exempt from levy. The header H fee you make mention to is also invalid as the vehicle was not removed for sale to auctionlink3.gif and did not incur any need to advertising. Therefore as I see it your bailifflink3.gif is entitled to 1st & 2nd fees totalling £42.50 They made 4 visits in total and that gives them the right to charge 1st & 2nd Fees. it is noted however, you fail to identify the supervising bailiff to the first visit.

 

That you can be seen to have added fees not conducive with those laid down in statute allows me to refuse to have any further dealings with your bailiff and I advise payment was made in full to xxx Council liability order some 24 hrs prior to the alleged levy being made, inclusive of your legitimate fees and I therefore suggest it is to them you seek those fees.

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Ok check this out by email

 

 

Dear Mr eggy12

 

We thank you for your email, the content of which has been noted.

 

We are more than happy to supply the information requested,

but must stress to you that the balance outstanding will need to be confirmed with our Enforcement bailiff, Mr . You may contact Mr on

 

Mr [EDIT] made the first visit on Monday October 31, 2011 at 10:25am. A fee of £24.50 was rasied for this visit.

Mr EDIT] obtained his certificate at Liverpool County Court on the 6th December 2011.

 

At the time of the first visit, the bailiff concerned was not listed on the Certificated Bailiff register as he was a Trainee Bailiff whose application for a Bailiff Certificate

was due to be heard at the County Court.

 

The trainee was currently working under the direct supervision of a Certificated Bailiff and did not undertake any levy of distress thereby incurring fees illegally.

 

The requirement for a bailiff to be "Certificated" relates specifically to action of undertaking a "levy" of goods.

This was clearly not the case in your debt but should a levy have taken place this would have been conducted by a Certificated Bailiff.

 

Mr made a second visit on Thursday the 2nd Februart at 6.53am.

The fee incurred at this point was £18.00.

 

A third visit was made on Monday the 6th February 2012 at 9.07am, for which no fees were incurred.

 

Mr made a further two visits, one on the 8th of March 2012 at 13.08pm and on the 26th March 2012 at 12.14pm. Again, no fees were incurred for these visits.

 

Mr returned on the 27th March 2012 at 6.48am.

During this visit Mr levied against a Vauxhall vehicle, with the regisrtation mark *******.

The fees incurred at this point were £46.00 levy fee, £24.50 schedule 5 header H fee and £110.00 attendance fee.

 

Mr EDIT] was certificated at Liverpool County Court on the 15th March 2011.

 

Please contact Mr to verify the balance outstanding and to make payment in full.

 

Failure to do so may result in further recovery action.

 

Regards

Jacobs

 

Jacobs Certificated Bailiffs

4 Europa Boulevard

Wirral

CH41 4PE

 

Office:

Fax: 0151 650 4999

 

Just having a bite to eat, will post my thoughts in a while

 

Eggy

 

Don't call him ignore the letter completely simple as that, the bailiff cannot take anything from you put everything in a trust pm me if you need help with forming the trust, nobody can get through a trust fund not even a judge :)

STOP PAYING YOUR LOANS THERE IS NO CONTRACT FOR YOU TO DO SO

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rather things were done on thread please .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quick update, sent mail to Jacobs, awaiting reply.. Council sent confirmation, over-payment has been credited for April/March, for council tax.. bonus

 

Eggy

 

 

 

Dear Sir

 

I regret to inform you your levy and associated fees made to a Vauxhall

Combo Van reg **** *** can be seen to be invalid as this vehicle is soley

for use to my Self-employed business and is insured accordingly with myself

as the only named driver and therefore exempt from levy, your bailiff new

this from his first visit conversation with myself on 2nd February. The

header H fee you make mention to is also invalid as the vehicle was not

removed for sale to auction and did not incur any need to advertising.

Therefore as I see it your bailiff is entitled to 1st & 2nd fees totalling

£42.50. They made 4 visits in total and that gives them the right to charge

1st & 2nd fee's only. It is noted however, you fail to identify the

supervising bailiff on the first visit.

 

That you can be seen to have added fees not conducive with those laid down

in statute allows me to refuse to have any further dealings with your

bailiff and I advise payment was made in full to ****** Borough Council's

liability order the day prior to the alleged levy being made.

 

Regards

eggy12

Edited by eggy12
added letter sent
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Thank you for your recent correspondence in respect of the above account.

We confirm that due to no response from yourself after the initial bailiff visit or to the letter sent from our office on 4th November 2011 the account was then passed to our bailiff for collection in full.

We confirm that if a vehicle is used for personal use as well as trade or work purposes we can levy upon it. The levy, therefore, remains valid as do the fees for our Enforcement Bailiff attending.

Therefore we request you contact Mr immediately on 07 to discuss this matter further.

 

Jacobs Certificated Bailiffs

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I'd say the council feels some obligation to the bailiff firm to come out with that drivel. But drivel it is.

 

I'd take it from what they've written that they're not bothered one way or another if you pay the bailiff. Maybe an idea to inform the council that these are not the bailiff's fees. They are the council's enforcement fees which they are responsible for ensuring are imposed lawfully on the debtor. Whether the council allows the bailiff to retain these fees if he collects the debt is something between the council and the bailiff firm, and nothing to do with the alleged debtor.

 

Push them on the absence of the lawfully required Notice of seizure of Goods and Inventory, and the Head H fee that they are probably systematically defrauding 1,000's of residents with.

 

EDIT:

 

Sorry, I thought the above correspondence was from the council.

 

Still! You'd probably have got a similar response from them anyway.

Edited by outlawla
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No it was response from Bailiff company, im sure the council will try to blag the same..

 

At the end of the day im still sure the levy does not stand as the liability order was paid in full the day previous and as you say not proper rules followed,

 

im still to see the levy they claim they have as nothing posted through letter box at the time,

just threat letters with the added fee's BEFORE the levy was allegedly done..

 

Still no mention of first certified bailiff

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