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    • Dont expect instant resolution of 14 years of poopulist party, personal and vipal excess .. but I do believe that starmer will quickly start significant delivery of change - and deliver in the long run   They need to deliver to prevent a massive rebound away from them.   Lets remember - it took the torys a couple of years to trash the country and its reputation although they worked hard on it from day one. I expect no less in timescales, and a lot more in effort and application in Starmers resolution to the tory poop abuses.
    • True, but all the threads we have for Wise concern hospital car park parking (except one) so it would suggest a hospital car park.
    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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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.

      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
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Hello All and thanks in advance for your anticipated advice.

 

I'll make this as short as possible.

 

I live in a block of flats with a telephone entry system.

 

I'm owing council tax (2011/2012) of about £790.50 to my local council which has gone to the bailiffs.

 

I had a letter dropped through the mailbox on the 2nd April advising that the bailiff will be visiting on the 4th April to enforce a liability order in respect of the council tax. It stated that the action will be taken in my absence if necessary. I was away from home during this period so I didn't pick up this letter myself and my wife who was at home at the time didn't open the letter.

 

The bailiff came visiting as promised on the morning of the 4th April and was allowed into the house by my wife who didn't really know better as we hadn't dealt with bailiffs before. I spoke to him on the phone and made him realise that I wasn't around and tried to come to an agreement with him to make monthly repayments. He refused this and only agreed to leave after a friend of mine called him to make a verbal agreement that I would be paying £400 of the debt in a few hours.

 

He left my home but before doing so he left a notice of distress and inventory (which also had Form of Walking Possession Agreement typed on it) listing some of my goods on there. The total for which the distress was being made was for £958.50. Calculated as £790.50 for the council tax, £120 levy fee and an additional £48 that I don't know what for.

 

Checking on here and other sites I see that he can actually charge me £24.50 for a first visit and £18 for a second visit making a total of £42.50 for the first and second visit. I'm not sure where he got the £120 levy fee from, I'm also not sure if this levy fee is valid as I was not at home when he called, also I have not signed any forms or walking possession agreements or any other documents for that matter (and my wife didn't sign anything). If the levy fee is valid as things stand, I reckon it should be about £48 by my calculations.

 

Also, I'm not sure if as a result of him entering my home peacefully the first time he can enter anytime he wants from now on, even though I have not signed anything any sort of agreement with him.

 

Also, if someone else lets him into my block of flats can he then enter my flat forcefully if I don't allow him to?

 

I received another letter from him (on 10/04/2012) stating that the full balance of £958.50 which includes £42.50 is now due.

 

I've drafted up a letter to his company stating that I won't be allowing access to my home when he calls and offering to pay them £50 per month. Do I have any legal grounds to stand on in doing this? Your advice is greatly appreciated. The letter I'm planning to send to them is pasted below;

 

 

Dear Sirs,

 

RE: XXXXXX

 

I refer to your letter dated (10/04/2012) by one of the bailiffs representing your company;Mr X, informing me that he would be coming to my house to remove goods in respect of Council Tax owed to the London Borough of XXXXXXXX.

In the letter, he stated that he will be returning to my home to remove my goods unless full payment of £958.50 is made.

The purpose of this letter is to advise your company that I am aware of my rights, and that I will not allow a bailiff to enter my home peacefully or otherwise to levy on my goods as I have not signed a Walking Possession Agreement.

I’ve noticed that a Notice of Distress and Inventory form was left for me (when Mr X called at my home on 04/04/2012) with a breakdown of charges as follows;

Council Tax:- £790.50

Levy Fee:- £120

A £48 charge (unclear what this is for)

All coming to a total of £958.50.

I am aware that under the Council Tax Administration & Enforcement Act 1993 (as amended), you can charge a first visit fee of £24.50 and a second visit fee, if necessary, of £18.00. No further visit fees can be imposed.

I am also aware of what should take place before it can be said that my goods have been validly levied and how much charges this should incur. So I’m disputing your charges of £120 as a Levy fee. If you think that my calculation is incorrect, please provide details by sending me a breakdown of your fees schedule.

I would like to make it clear that I am not refusing to pay this debt, but I am unable to pay the entire debt at this present moment. Instead, I would like to offer to repay this liability by way of monthly payments of £50 which is the maximum amount that I could afford each month as I’m not working at the moment. I would be grateful if consideration can be given to accepting this proposal.

I would be grateful if you could confirm receipt of this letter and confirmation also that payment terms have been agreed.

 

Yours Faithfully

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I personally wouldn't offer to pay the bailiffs anything, I would pay the council direct using online payment system (just make sure its regular and continuous) as when the bailiffs realise you wont pay they pass it back to council and then you can show you are paying. do you or your wife have a disability? Over 65? if so you can be classed as vulnerable and the council have to take it back from bailiffs. Others will give advice too dont worry too much. What did they levy on?

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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It would actually be interesting to know what goods were listed on the levy .... hopefully, many of them will be exempt, in which case the levy would be invalid and the charges removed. To levy for the full amount of the liability, the bailiff would probably have to list goods to the value of some £8,000.

 

One thing at a time.

 

Impecunious! :-)

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I personally wouldn't offer to pay the bailiffs anything, I would pay the council direct using online payment system (just make sure its regular and continuous) as when the bailiffs realise you wont pay they pass it back to council and then you can show you are paying. do you or your wife have a disability? Over 65? if so you can be classed as vulnerable and the council have to take it back from bailiffs. Others will give advice too dont worry too much. What did they levy on?

 

Hello Padja, thanks for the quick response. Neither me nor my wife have a disability, we're in our 30s and can't be classed as vulnerable. They levied on my 37in flat screen tv, 3 and 2 seater leather chairs. Glass centre table and a dining table set plus chairs. I'll take your advice and start making online payments. Thanks.

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It would actually be interesting to know what goods were listed on the levy .... hopefully, many of them will be exempt, in which case the levy would be invalid and the charges removed. To levy for the full amount of the liability, the bailiff would probably have to list goods to the value of some £8,000.

 

One thing at a time.

 

Impecunious! :-)

 

Hi Impecunious, thanks for the interest in my case.

They levied on my 37in flat screen tv, 3 and 2 seater leather chairs. Glass centre table and a dining table set plus chairs. I'll take your advice and start making online payments.

 

Based on the facts of my case, I take it that I'm at not at risk of them entering my house unless I give them access to?

 

Many thanks

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Hi Impecunious, thanks for the interest in my case.

They levied on my 37in flat screen tv, 3 and 2 seater leather chairs. Glass centre table and a dining table set plus chairs. I'll take your advice and start making online payments.

 

Based on the facts of my case, I take it that I'm at not at risk of them entering my house unless I give them access to?

 

Many thanks

 

If by levying on your seating as above, they haven't left you with anything to sit on - that would constitute an invalid levy. Do you have other seating available?

 

Also, they cannot charge you a First Visit charge of £24.50 plus a levy charge. It's either one or the other.

 

Even though the bailiffs have entered your house by peaceable means, it is highly unlikely that they could force entry without official approval and, from what I understand, that is very rarely given.

 

 

Impecunious! :-)

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Impecunious!, he didn't list the dining chairs amongst the items listed.

 

I'll have to look for the fire safety labels on the seating. What's the significance of the fire safety labels?

If you remove the fire safety labels, as almost eveyone does, then they cannot be legally sold at auction, as they are not compliant with the law. If the bailiff was to remove and sell them, he could be in trouble.

 

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in

1989 and 1993) and that amongst the suppliers of furniture are:

• persons who supply second-hand furniture in the course of

business or trade. This includes auctioneers and some charities

 

The labels must be intact and have been left on for the bailiff to lawfully sell them, no labels no sale, and they cannot put new labels on, as only the manufacturer can do this.

 

This is culled from post #80 by ploddertom in this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287383-Baliffs-advice-needed-regarding-council-tax-arrears/page4

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If you remove the fire safety labels, as almost eveyone does, then they cannot be legally sold at auction, as they are not compliant with the law. If the bailiff was to remove and sell them, he could be in trouble.

 

If you look for some threads from last year I think this was explained in detail

 

Ok, I'll do that. Thanks a lot for your help :-)

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Personally I would pay the Council direct, allow for the visits £42.50 and then send for a breakdown of the charges using the standard template as below.

 

If the furniture does not carry fire safety labels then they cannot remove it to sell at Auction!!!!!

 

"From:

My Name

My Address

To:

Acme Bailiff Co

Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

Ripped off customer"

 

WD

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Personally I would pay the Council direct, allow for the visits £42.50 and then send for a breakdown of the charges using the standard template as below.

 

If the furniture does not carry fire safety labels then they cannot remove it to sell at Auction!!!!!

 

"From:

My Name

My Address

To:

Acme Bailiff Co

Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

Ripped off customer"

 

WD

 

I'll check for those fire safety labels as advised. I'll also send them a letter requesting a breakdown of their fees.

 

Thanks a lot.

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Hello Padja, thanks for the quick response. Neither me nor my wife have a disability, we're in our 30s and can't be classed as vulnerable. They levied on my 37in flat screen tv, 3 and 2 seater leather chairs. Glass centre table and a dining table set plus chairs. I'll take your advice and start making online payments. Thanks.

 

Sorry givaunchy, I was only going by what you stated.

 

I'll leave you in good hands.

 

Good luck!

 

Impecunious! :-)

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