Jump to content


  • Tweets

  • Posts

    • Just an idea, why not have a wind turbine and some solar panels installed and produce your own energy, even get paid to put some back into the national; grid!   I'm happy to pay the water companies for providing clean drinking water direct to my house, otherwise I'd have to go down to the river, collect some water, then cart it back home and then treat it in order for it to be safe to drink.   Same goes for my gas and electric, electrickery is a dark art, I'm not even sure how I'd begin to make that least of all contain it?   And I'm far too lazy to dig into the earths crust to extract my own gas, so I'm happy to fund someone else to have that headache and provide me those resources.
    • the company is parcelbroker.co.uk  some of the problems were caused by brexit over Christmas but there were so many problems it became a comedy of errors! I really just want my phone charges repaid. i contacted EE and they have agreed to repay £30. I think its reasonable for Parcel Broker to pay the other £50. it was never made clear when calling them that it was a premium rate number. They never rang me, I ALWAYS had to ring them..
    • I wouldn't be tipping them off about anything that could be one of a very narrow range of issues with things.
    • I am being harrangued for a debt I don't owe whilst in hardship by EDF, who was given this household's supply by OFGEM when it closed down several small companies in 2019. Unbelievably, this is happening during cold months and a full strict lockdown!   I consider that this is a crime on several counts: 1) fraud by nondisclosure, as per 2006 act: that free energy exists and that patents have been suppressed to help us use it, thus giving the illusion that energy can only be supplied by for profit companies (the same is true of water), when it is a naturally occurring, God-given free resource which has been harnessed and sold back to us, and it's hard to avoid or find alternatives 2) the energy industry is a form of modern slavery as per 2015 act, holding us in lifelong custom: something we need, can't easily find an alternative from or not use. This supplier took over without consent or knowledge or warning and will not relinquish me without paying them; but the amount grows as they continue our abusive relationship 3) as utility acts such as the 1989 and 1990 clash with inalienable natural Common Law and the Universal Declaration of Human Rights of 1948 and various other laws, some to be listed anon, that the so-called powers given to energy companies to gain money and bully are not lawful 4) removal of energy takes our rights (as in the UDHR) to eat, wash, be warm, work, communicate, and have leisure and enjoyment. Particularly, it can cut those off who rely on the internet and battery operated phones, thus making them vulnerable, and causing a snowball effect 5) cutting off, or the fear and bullying around doing so and 'recovering debts', causes mental and physical suffering, as well as great inconvenience and loss. a) These are recoupable in monetary terms of the claimant (ie customer's) choosing b) this amounts to constructive demise or manslaughter  - including attempt and conspiracy to commit this serious crime (attempt and conspiracy apply for all the others below) 6) asking for money in a way which is upsetting, intimidating or distressing is another criminal offence under the Prevention From Harassment act of 1997 - and most debt demands fulfil this, and are not incidental, but designed to cause fear in the way they are worded, in the design of the 'red, urgent' envelopes, in the vagueness of who and where the collector is, offering a generic phone number; bluffing about their powers and a warrant; coming to the door with hand delivered envelopes to embarass in front of household members and neighbours; and the way they appear at your door to actually collect or tamper with supply 7) There is Aggravated Trespass under the criminal justice and public order act of 1994, where if you have given written notice that implied access to your property (I include remotely, in the case of smart meters), to enter the premises (including outside areas) without written permission and especially with ill-intent, is a further summary, ie imprisionable offence 😎 this is also exhortion and blackmail 9) it is an aggressive sales technique, no different from drugs barons and loan sharks 10) a prepayment meter is just another way of forcing debt repayment, and as the customer doesn't set the amount, if they do not have resources they are still left without power and heat 11) this is closely related to the data and surveillance and weaponised energy of 5G via smart meters, and so this is a) espionage b) mass experimentation under the Nuremburg code of 1948 c) biowarfare 12) it is also breaking and entering, if they force or pick locks 13) any physical abuse has other crimes - such as battery, grevious bodily harm, assault 14) lying or tricking to gain entry is also a crime 15) their involving your neighbours breaks confidentiality, such as asking about you, getting them to let them in. This is against their industry code and 16) during lockdowns and other restrictions related to covid, they break the coronavirus act 2020. Utility workers are only classed as keyworkers when they are keeping a supply running and safe. They are not permitted to work or travel to harass and cut off - this is especially reprehensible during an extended pandemic when so many are anxious have weakened immunity, and financial difficulties. When most of us are not meant to see loved ones, especially indoors 17) if the operatives are masked - this includes a locksmith or any enforcement with them - this heightens the offence as, despite covid guidance, it is done with criminal intent and knowingly a) makes them look sinister, thus adding to fear of the customer b) hides their identity and obfuscates justice 18) any persons involved, including administrators and the judge who created any warrant 19) to exaggerate one's legal powers is also an offence   Furthermore, utility companies send out - and sell out - debts and debt collectors who have no knowledge of the communications between the company and the customer; such as whether they are misbilled, or even the right person. I also believe that poor service, such as being ignored or bullied, means a rebate on the 'bill'.   The ombudsman have consistently exacerbated and failed to put right, and OFGEM's policies have added to this too.   We need to take the power back into our hands; to choose our energy source and provider; to harness free, safe energy.   I am putting EDF staff on notice for all these.   Has anyone else had any similar trouble for this, especially in the last year? I would like to know the extent of the problem   I am considering class action. An expression of interest in no way commits you, especially financially.      
    • No, there is no ombudsman for this kind of thing. It's a huge industry with a lack of regulation which is why it broadly speaking does what it wants without a lot of regard for customers. You haven't addressed the question which I put to you in my last post.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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

Please note that this topic has not had any new posts for the last 2998 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.

Thank you

Recommended Posts

Just a quick question.

 

Back in 2008 I was illegally evicted from a property I was renting.

 

I was in arrears with the rent, the landlord used an eviction notice from a previous dispute (had fallen into arrears before but managed to clear the arrears),

and using that, and having told the local police I hadn't been seen for a while (not true)

and that he had concerns for my welfare,

 

he used them to assist with gaining access and promptly changed the locks, while I was at work.

 

So I returned home from work to find I couldn't get in the house, and to find him waiting and harrassing me.

 

So, there's the background.

 

I've recently (today) found out I could have taken some action about this,

and may have got some compensation for his actions,

but I'm guessing there would be a time limit for such a claim?

 

The million dollar question, what is the time limit?

Link to post
Share on other sites

|You could have taken action immediately as the LL lied to the police delibrately. This can be classed as wasting police time, or making a false report.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

I think it would be hard to prove now and I highly doubt anything would happen to your old landlord imo. Did you ever settle the rent arrears? If not forget about it completely!

Work for my local CAB but my views and advice are my own. Try AdviceGuide or Adviceline (08444 111 444) for CAB help ;)

Link to post
Share on other sites

You may have had a claim had you done something right away. As previously said, he lied to the Police, but then you would have had to prove he had lied..which would have been difficult. It would probably been out down to your word against his..unless you have strict proof he had seen you in the time he said he hadn't.

 

The stronger claim would have been using an old notice to evict you. There is the statute of limitation act, which means you must make the claim within 6 years. If you have cleared the arrears, and it is less than 6 yrs ago, you may have a claim. As said previously, if you haven't cleare them, I'd leave well alone! If you have, then give CAB a ring and ask a out times allowed for making a claim against the LL, if someone on here doesn't come along and let you know more on the time span.

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

Link to post
Share on other sites

To whom would you report 'crime', and with what physical evidence? I doubt LL still has incriminating eviction Notice & I doubt Police took a file copy. You have come to terms with it over 4 yr until someone put £ signs in your eyes yesterday. You may have Statute of Limitation on your side, but pursuing could be expensive & time consuming, with no guarantee of success & the obvious question as to why you did not take advice/action when you found LL had locked you out of your home?

Without a full history of theT and subs events, my advice would be forget and get on with your life Sorry.

Link to post
Share on other sites
  • 1 month later...

I'm just looking for a few pointers and advice please.

I have received a letter from Rossendales re a liability order Forest Heasth borough council obtained back in 2008 for £918. Its not the 1st letter, I had one back in April and spoke to the council as I disputed the amount, the whole thing is a mess. I am being charged the whole year of council tax, despite being illegally evicted on 18th April 2008, I had spoken to the council and informed them of this, their reply was they had spoken to the landlord who told them I was still resident in the November, despite the property being completely empty.

I don't dispute I owe them some money, albeit for 18 days, but now it seems rossendales are back on the case, and are obviously chasing me for the whole year, what can I do?

Can I get the liability order set aside or re heard? As until April I had had no contact from either rossendales or the council about the debt, the council confirming that all original paperwork had to been sent to the property the debt is for, where I haven't been resident. The liability order is dated Sept 08.

Secondly, how do I prove I wasn't at the address when they say I was? I have an email from my current borough council to confirm that they have me registered in their area from Oct 08, although I had been living in a shared house from June 08 and staying on a friends sofa from the April to June when I then moved into the shared house. Unfortunately I have been unable to find any proof of apart from the council record for Oct 08. There maybe 1 glimmer of hope tho, the landlord used the local police to help him gain entry to the property to evict me (I was at work at the time), and I made numerous complaints in the following days, so I assume there should be a record of this somewhere.

That's the gist of it so far, I'll hop on the pc later and edit if need be, have typed this on my phone.

 

Thanks in advance,

Link to post
Share on other sites

Hi and welcome to CAG, No doubt others will be along soon to help also, as one option, print out the email that states when residence in your current area commenced, along with any details you had from the police about your complaint into the illegal eviction, and send it to both Dossendales and the old council along with a statement and proof of being on benefits, stating that you are therefore vulnerable due to limited income, quote from the National standards for enforcement agencies to which the council and dossers should be signed up to. You should also issue a Formal complaint to the CEO and leader of the old council regarding them hounding you for a wrongful Liability Order, copy it to your MP

 

Remember that there is NO LAW that compels you to deal with a bailiff, and you do not have to let him in, deny him a levy and he is powerless, so keep him out, all doors and windows locked, move any car a good walk away.

 

for reference, here is the part about vulnerability from the National Standards:

Vulnerable situations

 

 Enforcement agents/agencies and creditors must recognise that

they each have a role in ensuring that the vulnerable and socially

excluded are protected and that the recovery process includes

procedures agreed between the agent/agency and creditor about

how such situations should be dealt with. The appropriate use of

discretion is essential in every case and no amount of guidance

could cover every situation, therefore the agent has a duty to

contact the creditor and report the circumstances in situations

where there is evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

action is appropriate. The exercise of appropriate discretion is

needed, not only to protect the debtor, but also the enforcement

agent who should avoid taking action which could lead to

accusations of inappropriate behaviour.

 

 Enforcement agents must withdraw from domestic premises if the

only person present is, or appears to be, under the age of 18; they

can ask when the debtor will be home - if appropriate.

 

 Enforcement agents must withdraw without making enquiries if the

only persons present are children who appear to be under the age

of 12.

 

 Wherever possible, enforcement agents should have

arrangements in place for rapidly accessing translation services

when these are needed, and provide on request information in

large print or in Braille for debtors with impaired sight.

 

 Those who might be potentially vulnerable include:

 the elderly;

 people with a disability;

 the seriously ill;

 the recently bereaved;

 single parent families;

 pregnant women;

 unemployed people; and,

 those who have obvious difficulty in understanding, speaking or

reading English.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

No, I have nothing, there was no letting agent involved, I rented direct from the landlord, he evicted on the back of a previous notice which had been settled 4 months previous. I'm hoping the police may still have a record of the events, otherwise I'm at a loss as to how I prove I wasn't resident when they say I was.

Link to post
Share on other sites

I moved to a friends, I was staying on his sofa, for 6 weeks, then I moved into a bedsit at the beginning of June. Unfortunately I can't remember the name of the landlord of the bedsit, I was working at the time so no involvement with the DWP. If I can use absolutely anything as proof, I changed the address on my licence at some point in July or August, along with applying for my digital tachograph card so hopefully the lovely people at the DVLA could provide some proof?

Link to post
Share on other sites

The most important point right now is to ensure that you do not allow the bailiff to entry into you present property and you must ENSURE that you do not have a car outside of your home.

 

Next try to get through to the police to see if there are any records with them regarding assisting the landlord to gain entry. I would be most surprised if they said that there is no record.

 

The ex landlord will not be at all helpful because, if you can prove that you had moved then the landlord would be liable for payment ( unless of course he had another tenant in occupation).

 

It is important to ensure that you put a detailed letter together for the council and DO NOT rely upon phone conversations. Mark your letter as Formal Complaint. If possible, hand delivery a copy to the council.

Link to post
Share on other sites
  • 1 month later...

I have some issues relating to a council tax debt from 4yrs ago. I was illegally evicted from the property on 18th April 2008, and subsequently moved to a different property. A few months ago I started receiving letters from a debt collector about some unpaid council tax on the property, to the tune of £900. The council in question have a liability order for that amount, having been told by the landlord that I was still resident in the property until 1/2009. I've been able to get some proof that I was living elsewhere dated 10/2008, and am working on getting more proof to show I did leave the property in the April, and the council have agreed to reduce the amount owed once proof has been shown.

So, this liability order, does it need to be changed? And if so, how? The first I knew about it was when the debt collector letters started arriving, any correspondance, including letters from the council, had been sent to the propery I was evicted from, so I didn't receive them, but if all goes to plan and I can prove I left the property on 18th April 2008, then my liability drops considerably.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...