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    • Proportional representation would be a start, but I can't see the Conservatives voting for that now they've redrawn the constituency boundaries to suit themselves. Turkeys, Christmas and all that.
    • Sorry to hear about your problem, it's horrible when people take advantage like that.   I don't want to add to your woes, but road tax is not transferrable to a new owner so when he said 'road tax is paid so I have not to worry', he was wrong. See here:   https://www.gov.uk/sold-bought-vehicle   The last thing you need right now is another problem, so I'd either take the car off the road and make a SORN declaration or tax it as soon as possible. If you are planning on making life difficult for the seller then don't be surprised if he reports you for no tax!   I hope it all works out for you.
    • I recently purchased some wheels on eBay which were located at the other end of the country. The seller was happy for me to arrange a courier to collect them and I paid him for them.   I put a request for some quotes on Shiply and accepted one from a company with plenty of positive feedback, who claimed to be insured and would only take payment once the item was delivered. I paid a deposit of £8 immediately via PayPal.   Shortly after this, I recieved a message from the courier saying that because of Coronavirus they were no longer accepting payment at the door on delivery and would instead require payment by bank transfer two days before delivery. I paid the remaining fee of £44 as requested.   The day before delivery, I get a message from the seller say that he thinks the courier has collected the wrong items. I contact them immediately, and yes, they have collected the wrong items. They tell me that the seller was not present when they collected but had left a message at his works reception directing them to collect those items (the wrong ones). After I point out that they are wrong, they stop texting back.   I then get a message from the seller asking for my phone number so that we can figure out what to do. I send it, but have heard nothing from him since.   Today, while I was out, the courier has delivered the wrong items to my house an hour earlier than expected and my son has accepted them.   So, I wonder how to sort this out...   No doubt the courier will argue that they have done as directed and are not to blame. The seller will argue that he did not leave such a message/the courier misunderstood and he is not to blame either. So I get the sinking feeling that I will end up having to foot the bill for the wrong items to be returned AND the right ones to be delivered - only tripling the delivery cost!   Any suggestions??
    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
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      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Making Payments to Local Authorities


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Hi

 

Is there any known legal regulation that states that once a debt has been passed on to a collection agency you no longer have a right to pay the creditor direct?

 

I have seen many collection and enforcement agencies state you no longer hold the right to make payment direct but where is this legally set in stone and can the Local Authority/Creditor state any reasonable grounds for refusing to accept the payment if you make it direct to them?

 

Thanks

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Anyone?

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The only reasonable ground would be if the debt had been sold, or ownership had been transferred to a third party.

The OC would then have no right to your money.

 

In any other circumstances, I would have though that refusal to accept payment would look VERY bad on the original creditor if it ever went to court.

I'm assuming this is a council tax/bailiff issue - SOP seems to be for the council to refuse payment, and tell you to pay the bailiff.

You should be able to make a payment direct to the council by an automated payment line, online, via a paying-in slip, or (by preference) a cheque accompanied by letter - basically any way except by card to one of the phone monkeys.

Carpe Jugulum

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Only if the debt has been sold must you deal with the DCA. However you can still SAR the previous owner, and in some cases the new owner can be advised that they have bought a debt in deep dispute.

 

If the DCA is only acting on behalf of the OC, then you can tell them to go skydiving with a cement block tied to their feet.

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

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Thank you, no the ebt has not been sold on the company in question is just collecting on their behalf.

 

Both the LA and the Collectors are saying i have lost my right to pay the OC direct although i didnt quite get how they worked that out.

 

Thanks for the answers guys was just wanting to know if the OC can reject the payment if i made it direct, which i will now do

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And yes BigEgg it is Council/Bailiffs!

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Also a little off topic i made a form 4 complaint regarding the bailiff in question(over the same issue).

 

I have received a summary from the Judge who has requested a hearing due to him not been overally happy with the bailiffs actions.

 

Detailed in the summary the Judge states the bailff has not complied with the Distress for Rent Rules 1988 requirement in that he did not apply for the required amended certificate and that he did not pay for produce the bond upon request from the court. As these are legal requirements set out in the act and he has not complied with them then any levy placed would be unlawful would it not?

 

Thanks

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Thanks for the reply

 

It was for a PCN that the council passed on to the collection company who in turn instructed a bailiff to attend my property.

 

He placed a levy on my car which is subject to outstanding finance and is essential for me to get to work. I made numerous complaints to the company but they were just ignored. Thinking that i was going to have my car taken and the fact i received no answer to my complaints i proceeded with a form 4 complaint as it was my belief the company had been informed enough times it had outstanding finance and i needed it for work.

 

The judge summarised stating a hearing would be held, but then went on to the fact the bailiff himself had not met with the courts requests to have is certificate amended neitehr had he bothered to provide the bond needed to be legally certified.

 

As these are requirements of the Distress for Rent Rules and he has not met them i am asking would any work he did whilst not conforming to them be lawful as surely if he is not correctly certified he should not be carrying out actions of a legally certified bailiff?

 

Thanks

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does the "distress for rent" rules have anything to do with PCN enforcement?

Are you wanting to pay the PCN in full now? - just phone the automated line, or send a cheque.

If you want to pay by installments, it's quite possible (I don't know) that the Council can refuse, and then

you'll have to make arrangements with the bailiff.

 

You may get better answers to the bailiff question in the bailiff forum

Carpe Jugulum

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If his Certificate was "invalid" for whatever reason he was actually breaking the law and could be fined as it is illegal for a Bailiff to levy distress without it. Any work that he has done is all unlawful and both him & his Company could also be guilty of trespass. Even if his Certificate was in order then the fact he levied on a vehicle that is not yours would have rendered it invalid, however you would have had to produce proof of this.

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What an INTERESTING thread !!

 

I am VERY interested indeed to hear of the Form 4 Complaint.

 

The Judge has picked up on an extremely important area where the bailiff has failed to amend his certificate etc. This requirement is made very clear to bailiffs from reading paragraph 12 (7A) (2) of the following statutory regulations:

 

http://www.legislation.gov.uk/uksi/1999/2360/pdfs/uksi_19992360_en.pdf

 

A serious point that should be known is that when the bailiff leaves his previous employer...the bailiff bond is CANCELLED.

 

Even though this bailiff was enforcing an unpaid PCN, the regulations covering the requirement of a bailiff certificate are outlined under the Distress for Rent Rules.

 

In the past 2 days at work, we have come across 3 bailiffs who have also failed to apply to the court to have the bailiff certificate amended. This is a subject that is of GREAT interest to me.

 

When is the Form 4 Hearing and are you intending to go ( you really ought to).

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Hi Tomtubby

 

Thank you for replying.

 

Well basically he left Rossendales and asked for his bond to be cancelled he then went to work for Newlyns.

 

The initial judges summary clearly states no amendment was applied for neither had the court itself received the security bond required. Newlyns sent the court his certificate but as stated by the judge it was innacurate.

 

I have now received documents from the solicitor basically stating if i follow through with the claim they will be seeking a costs order. They also state that i am to be under no misunderstanding that the bailiff was covered by a bond at all times. So if the judge was saying he wasn't, what do the solicitors know that i dont?

 

The initial complaint was made due to them trying to seize the car which has outstanding finance to it. They have a report from a barrister detailing he can find nothing in law which specifically states that goods on finance cannot be seized.

 

My argument is that i am not the legal owner of the goods therefore they are exempt, there is also the fact i told Newlyns previous to the Levy that my car was essential to my employment to ehich that is clearly exempt in law.

 

He could argue the fact he was not aware of this but as a part of process should he not have reviewed my file? Also there are the charges applied! A bailiff should have knowledge of the law that covers him! Should he not be then aware that if the figures on which he are enforcing are not correct then his levy figure will not be correct? Although i am not that naive to believe they would give a flying toss about that!

 

Id like to see it through but it is at a court 90 miles away from my home address and then their is the risk of possibly incurring the costs if it didn't go my way! I would not be able to afford that kind of money.

 

Unfortunately going alone means that, i have no legal advice and am simply acting on what i believe to be right and my interpretations of law. I believe my biggest plus is the certification issue but his solicitor has thrown doubt on whether i can even use that!

 

Thanks

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How many times are we going to hear this SAME situation where solicitors REPRESENTING the EMPLOYER threaten a complainant with a cost order. This is yet another way in which this awful industry is shown to be simply out of control.

 

If I was the one making this complaint I would be sending a letter to the court to advise them of the pressure that you are receiving.

 

I hope that nobody minds, but I have sent you a PM.

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As some people may be aware, I work for a commercial business advising the public regarding a bailiff visit and by coincidence this morning received a message from a lady in Kent who has a serious complaint with a bailiff and she has made a formal complaint to the relevant local authority.

 

A part of her complaint had been that the bailiff was not shown as being certificated to work for the particular bailiff company. The bailiff "claimed" that his application to "amend" his certificate is "in the pipeline" as he only left his previous employer a month ago.

 

NOT TRUE!!!!

 

The lady decided to telephone the ex employer and was told that Mr xxxx had not in fact left " a month ago" but that he was DISMISSED by the previous employer in FEBRUARY!!!

 

And furthermore, the ex employer apparently WROTE to the "issuing court" to advise them that they had cancelled his "bailiff bond".

 

If that particular bailiff had applied to the court to "amend his certificate" the court may well have refused to grant a renewal.

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