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    • Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
    • You can easily argue your case with no sign on the nearest parking sign
    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi.

Could someone help me..we have been charged all these fees for our council tax debt..

Debt £1,217.24

statutory visit fees £42.50

levy fee £54.00

attendance charges £167.00

card payment fee £4.00

 

first of all the levy fee dont know what he levied on because we were out at work.

Attendance fee he never came in a van, only a car. Because my daughter was in but she never answered the door. He has been twice.

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Hello and Welcome, tracy.

 

I've moved this thread to the appropriate Forum, hopefully you'll get some help shortly.

 

Regards.

 

Scott.

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You need to ask the council

How many liability Orders they have for you

Wnat year(s) they apply to

When were they obtained

When were they passed to the bailiffs for enforcement,

 

Then send this to Equita: edited to suit

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 Breakdownlink3.gif 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 certificatedlink3.gif at.

e - the date of the Certification.

This is not a Subject access requestlink3.gif 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

 

It is quite likely they have levied on a random car, so that could be challenged and some fees removed if they have done that. They could be hoping you are ignorant of how relatively powerless a bailiff is and have frontloaded fees, a no no under the Regulations.

 

What council is this, as some councils have outsourced their revenue back office to a company called Capita who own two bailiff companies, one of which is Equita, see where this is going?

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thankyou..well let me start from the beginning..did not pay this years council tax to sefton council then we got letter off equita saying that they have taken the debt over..so we made a paymen plan to pay each month..paid first instalment then the next month we where late by 2 weeks so we got a letter through the door demanding the whole lot..my husband rang him and the baliffe said we had to pay £600 in the next week..so we did cos we was getting paid then.then two weeks after that he rang my husband up and said he wanted the rest of the money asap..my husband said listen mate we have already paid you £6oo we are living on beans on toast now because of it!! the baliff replied on no mr .....h.the reason i i gave you a week to pay the £600 was a bit of leaway so that you could get the rest of the £667.00 right away to me..my husband replied well ive got no more money to give you until the end of the month...but the baliff was not having it so he put the phone down on him.. then 3 days later i came home to see a car outside my house with a man in it on his phone and i knew it was a baliff.so i pretended that it was a friends house and knocked then rode my bicycle around the corner..then i came back half an hour later to find a letter on the floor saying REMOVAL NOTICE ETC....So i rang my husband and he rang the baliff and he wanted the money asap so we had to borrow the money off my mum and i had tp put it in my bank and pay it to the baliff..then i sent EQUITA a email asking a breakdown of charges and thats what they sent me.from the first tthread..oh and i also sent an email to sefton counciil but they did not want to know..so thats the whole story..oh and ive just emailed EQUITA again asking what they had levied on.

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Equita automatically add a levy fee and enforcement fee to letters before visits take place and expect the bailiff to find something to add to the levy to justify the fee, even if its next doors car. They rely on your ignorance not to know what the law is regarding fees to make money.

This is why they make record profits every year BUT also the reason why so many councils are cottoning on to this and equita are beginning to loose contracts.

I would suggest finding out whats been levied on, you should have a levy (SHOULD doesnt mean they have done one!) if you have the envolopes the letters came in and they are not hand delivered and have a stamp on then the fees cant stand for the first and second either. If so get onto the council and complain

None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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Hi,

only a liability date 07/06/2012

and the removal letter thats dated 11/09/2012..the statement they have sent me with the list of things they have put on.. No

 

In that case I would class them as being obstructive when asked to define their charges. You should therefore ask the Council to provide the said information - you may well have to remind them of their responsibility in the matter though.

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thankyou everyone.. much appreciative of your help...but can i ask...the attendance fee what does that mean does it mean that they came with a van because if so they never my daughter was in but she never answered the door...and been on that website to see if he is a certified bailiff and i cannot find his name.

Edited by tracyjn44
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If a bailiff has a levy on goods it gives them the right to return at a later date to allegedly remove the levied goods they can then charge an attendance to remove fee

 

I say allegedly because the bailiff should attend with the intention of removing the goods so if he levied a load of furniture he should be in a vehicle fit for the purpose of removing the good

 

 

this fee cant be charged the same day as a levy fee

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does the bailiff have a levy on your goods ?

 

 

just read your first post again and you say you don't know what he levied

 

when a bailiff levies goods he must at the time of the levy leave you a notice of distress/seizure of goods and inventory listing the goods levied

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Deffo Formal Complaint then, and beware that the bailiff may cruise by and levy a random motor, then post the seizure through the letterbox. This will be challengeable however, and as pointed out by hallow, the other fees don't stack up anyway.

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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!

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If the bailiff is NOT certificated, he CANNOT lawfully levy distress andseize goods.

We could do with some help from you.

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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!

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Im informed that the register is now updated on a weekly basis, so he should be on there.

 

The register may well indeed be updated but it is only a central repositry. Unless the rules have changed the Courts are only obliged to update twice per year although I think some do more regularly. In my view the most current information should always come from the Court where the Certificate is allegedly provided.

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phone

Ministry of Justice Public Register of bailiffslink3.gif on 020 3334 6355 to confirm

I usually call them HW and they stated to me that they get the same info as what is on the register and they update that weekly. I was told that only a few months back.

 

However its worth a call to them for peace of mind.

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ok guys i finally got a copy of the form 7 seizure form through the post today after sending them numerous emails. They have levied on some random car which does not belong to us..i think its next doors..so could i ask why have they charged me an attendance fee..

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