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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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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

what to claim confused!


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just been writing up my first letter to barclays to claim back my charges and intrest. total £330 + £14 interest.

now im a little confused, my account was closed 2 years ago by barclays. before they closed my accoiunt they took £354.55 to pay off a resolvancy(sp) loan. in doing this it left me with a zero balance. they had every intention of closing my account down in 14 days. but had forgot to tell me. with a now zero balance of which i knew nothing of at the time. i was expecting my incapacity benefit i was on at the time to help pay my direct debits which was due, my resolvancy(sp) loan. my mortgage. i had £254.55 saved up to pay the bills. plus i put a extra £100 in on the day they took the £354.55.

so they paid my ddr's i had coming out. and then bounced my mortgage cheque. giving me a debt of £130.26 of which £80 was charges. this all happened over a space of 7 days. a further 7 days later they finally closed the account. crediting it with £130.26 so they could close it.

so am i right in thinking not only have they charged me twice for the bank charges making £160 in the last 2 weeks. and the other £100.26 which they paid out in ddr's.

also the ddr mandate promise. with regards to wrongful and late payments and such, was this broken. when they knowingly knew they was going to close the account. shouldnt all ddr's have been stopped to stop me getting into any more debt with the bank.

im really confused now. as it will be a lot more than i thought with regards to how the bank has treated me so unfair due to the abuse of unlawful bank charges i had been given during my time banking with them.

 

hope someone can help with this.

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crikey - im confused reading that (although it is past 3am!)..

 

so i'm gonna read it again and try and make sense of it...

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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yer im well confused. as they still say i owe them £665.96 which they are trying to claim from me. headaches, headaches, but i can see a clearing at the end of the tunnel somewhere. even if this clears my debts i will be happy and not so depressed over it all. have been under the doctor for a year for depression due to rising debts, of which maybe the best part is unlawful charges.

so you will understand when i say i am really greatful for any help along the way.

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right let me get this straight...

 

Barclays correctly collected £354.55 from your account to pay off a loan and close the account.

 

this left you with a zero balance.

 

you had direct debits due to go out of that account subsequently - your mortgage direct debit, and your loan payment. As far as you were aware, you still had £254.55 in your account from your incapacity benefit (cos you weren't aware that Barclays had taken it, along with the £100 you paid in to cover your expected direct debits?)?

 

Barclays took the 354.55 which cleared your loan. But left you up the creek, cos you now couldn't cover the mortgage cheque which they then bounced. You incurred £80 of charges as a result, and were left £130 overdrawn due to the reutned cheque plus the charges.

 

Barclays then refunded the £130 in order to close your account as originally intended.

 

How much should Barclays have taken to clear the loan - was this notified/authorised?

 

all I read is that Barclays took money to clear loan, leaving you with insufficient funds... they thenpaid mortgage by DD, but returned the cheque (for which you were then charged. BUT... am I right in saying that they then effectively wrote of that charge, and the original cheque amount by refunding £130 in order to close your account?

 

Sorry - I'm still confused and wondering what charges you are attempting to recover? Sorry Im not much help..

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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thought you had it then. no it didnt clear the loan, the £130 that they paid into the account isnt a credit of good will, it was another charge to be added onto the resolvansy loan. from what i can work out.

£50 of the £130 they paid back in had been paid to, my insurance company, AOL Online and the TV Licence. all of which i got charges of £50 for 2 of them payments made.

on the same day as them charges they also charged me a big charge of £30 for the unpaid out, for the cheque to the mortgage company. which they bounced.

but had already paid out 2 DDR'S and 1 BCC that day. which had put me £50 into a unagreed overdraft.

 

so as far as i can see, they gave me £80 of charges that day, then they closed the account a week later. when closing the account, they took all charges and unauthorised overdraft amount back into the account to be closed. then added the £130 to the resolvancy loan.

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  • 12 years later...

This topic was closed on 03/08/19.

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 5439 days.

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