Jump to content


  • Tweets

  • Posts

    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court and ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all. So you really want to exhaust every possibility of avoiding them if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
    • Savings platform Raisin UK is offering a £50 bonus for new customers who sign up for an account.View the full article
    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4444 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

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
Link to post
Share on other sites

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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
Link to post
Share on other sites

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

Link to post
Share on other sites

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
Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...