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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Reply from barclays offering me half back


Please note that this topic has not had any new posts for the last 5408 days.

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Sent of a preliminarily letter about a week and a half ago, then a few days later got a letter back from Barclays saying we will reply to your complaint within 14 days. Now I have received that reply within my original 14 days saying

 

Thank you for you letter dated 23 march 2006

 

I am sorry you feel the bank charges you have incurred are unfair and represent a penalty. I note you are claiming a refund of £315 for the period of the last four years. In your correspondence of 23 March you have referred to common law, statute and recent consumer regulations, which you say supports your view. Barclays is aware off all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

 

When an account is opened with us, our customer is provided with a copy of terms and conditions relating to the use of their account including details of these charges. bla bla bla

 

Putting the above aside, on this occasion as a gesture of goodwill I confirm I am willing to refund some of the charges totalling £170. I hope you will agree this is fair and reasonable. If you would like to accept this offer please let me know in writing. I have enclosed a prepaid envelope for your use. I will then arrange for the payment to be credited directly to your account.

 

If you wish to discus this letter, or you feel there are further issues I need to consider, please contact me on my direct telephone number (London number). If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service

 

... bla bla bla

 

So they have offered me half back! But I want the full amount, any suggestions? should I ring them on the number and ask for the full amount back (which I would prefer not to do), send another letter giving another 14 days and saying that I will not settle for anything but the total amount, any one been here? What would you recommend I should do?

 

Many thanks in advance for any help

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I got exactly the same letter as you did, except they only offered me £300 of the £1K im claiming. I wrote back basically saying "not good enough, I want the full amount back, within 7 days or I will see you in court !"

 

6 Days to court action ;)

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That's the way to treat them...it's your money, you want it ALL back. Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I had exactly the same letter but this was preceeded by a phone call with the same offer. I told the chap that the clock was still ticking and they they should reconsider their offer by Monday 3rd April.

 

They haven't come back to me so their time was up on Monday this week and on Tuesday I filed my claim in court.

 

Don't let them intimidate you or call the shots. Go get 'em!

 

Baz

Halifax - Won £425.00

American Express - Won £90.00

Woolwich Bank - Won £2280.00

Barclaycard - Won £558.00

Woolwich Bank - New claim for £723.00 entered.

Barclaycard - New claim for £236.00 entered

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Same here, got 2nd letter yesterday saying, sorry you think our offer of £255 is not acceptable but we're not going to offer you anymore. I really hoped it wouldn't come to this but Moneyclaim here we come. I want ALL my charges back. £685 in total.

 

Anyone else scared???

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Don't be scared, be excited.

 

I have 2 claims waiting, am about to lauch another 2 next week, maybe 3.

On EVERY SINGLE one of them, every time I feel scared, I remind myself that I'm RIGHT, they're WRONG.

I think of all the times where I laid awake at night wondering how I was going to keep the roof over my head, how I was going to feed the kids.

 

Then I think of how could it all go wrong: I could lose, of course. I would not get my money back, and I would lose the £30 or £50, or even maybe £120 court costs. THAT'S IT.

 

Then I think of the other possibilities:

1 - They settle as soon as they get hit with court claim.

2 - They say they'll intend to defend in full, then settle.

3 - They go as far as allocation questionnaire, then settle.

4 - They go as far as the court steps, then settle.

5 - They go as far as court, and LOSE. And remember that with the new OFT decision, a charge will pretty much be deemed a penalty if it's over £12, and they'll have it twice as hard trying to convince a judge otherwise.

 

The odds are, for once, so much in our favour, that it would be daft not to embrace the opportunity. So, deep breaths all, we're all going to WIN this!!!

 

Therein ends the pep talk.:D

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well hello again they really are sending lots of standard letters out now !! I have just received my letter back today saying if i was unhappy with there (rubbish) offer of £220 then sorry i feel i have to make a claim, so i also will be seeing them in court !! Do you think it will get to court? i will keep going i need that money back !! i am so glad i am not alone or i might have bottled it by now !!

charlie

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  • 1 month later...

well today i have submitted a claim though money claim! I will let you know how I get on!

 

Has anyone actually been to court with barclays yet????

 

Hope to hear from someone soon

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I think Barclays is putting a gagging order on them. Disney did this with OH when we claimed against them. Ah happy memories of Celebrations hospital florida.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5408 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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