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    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
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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
      • 31 replies

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hi everyone well looks like im not the only person who got a visit from a rosendales baliff today but what happened with us was wen had moved in june n owed money from the previous year so had 3 bills i rang council after getting a letter from rosendales and the lady i spoke to said there were 2 outstanding i was sent forms set up standing orders for weekly payments i done this on 24/08/2012 and on de same day recieved another letter from rosendales just pressumed it was for 1 of the 2 i had sorted wasnt actually aware there was 3 till today wen i got an unwelcome knock my 2 year old ran out in front of me and opened the door so i gad no choice but to talk he anded me a piece of paper with my partners name on it sayin 24hrs notice before returning for £1004.31 or goods to that amount if i had that sort of money laying around i obviously wouldnt be owing on my council tax ha my partner rang him n told him we were paying it by the week baliff said he would ring council to find out rang back and thats when we found out there actually was another bill we wern't aware of n said to my partner ill be back tomorrow for money or goods and hung up im now panicking as ive got a 2yo and 9mnt old n not working i rang the council they said if its not paid tomorrow it eventually comes back to them but she doesnt know how long that takes do i just take the kids out for the day tomorrow n hope he doesnt knock when i get back or can he keep calling everyday i really dont know what to do about this n dont want to be telling a 2 yo to be quiet and hid everytime someone knocks :sad:any advice would be greatly appreciated

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Bailiffs rely on fear and intimidation

 

if the bailiff returns you do not have to answer the door to him he cannot break in kidnap the dog and take the cat

 

he has no right of entry he cannot break in keep doors and windows secure (its too cold to have them open anyway!)

 

deny him a levy hide car away anything of value in garden hide away

 

making payments direct to the council is the way forwards as you do not have to pay the bailiffs

 

eventually bailiffs will hand the case back to the council if you don't play ball with them

 

get on to council and find out how many liability orders they have

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thank you i hate baliffs, can he go into the garden shed the lawnmower n lil lads bike and some toys are in there or can he not touch until ive agreed with it?? if i go onto the council website now and make a payment would that go in my favour the council has said we owe less than 600 but baliffs has it at jus over 1000 its so frustrating:mad2:

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do not agree with anything the bailiffs come out with do not let them have any levy

 

they do NOT need to come into your house at all not to use the toilet or any excuse he may come out with

 

Bailiffs like to charge made up fees they should be with no levy £24.50 first visit £18.00 second visit nothing more without a levy

 

bypass the bailiffs

 

sounds like a formal complaint to council needed if council and bailiffs have such different ammounts

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Think ill head for the council office first thing in the morning to complain before hes due to call n visit some friends for the rest of the day at least that way i cant fall for any of the bull he comes out with thanks a million i dont fell as worried now ive had youre advice :-D

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Find out exactly what you owe as confirmed by the Council. You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

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As he appears to be charging so much you also need to know what his fees are. here's an example of what to send, use & adapt at will. Send initially by email followed by a copy in the post.

 

"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"

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well my council were not very helpfull but ive jus read this article below on thisismoney.co.uk can anyone tell me if the last line is true???

 

Should I let them in?

You do not have to let a bailiff into your home and (apart from special circumstances involving the Inland Revenue) and they cannot force their way in. They can only use 'peaceable means' to gain entry, such as through an unlocked door or an open window, so watch out for tricks such asking to discuss the matter indoors.

Once a bailiff has gained entry into the property, they have the right to entry if they need to visit again and also to forcibly open locked doors or cupboards. If a bailiff visits when person under the age of 18 is alone in the property they must leave. They cannot enter if a child under the age of 12 is in the house, regardless of whether an adult is present.

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Aww thats such a pity would of made this alot less stressful if it was true it would of made my day to gave been able to stand at my door with the 2 lil ones n tell him to go away:lol: Thanks for the quick replies its much appreciated:-D

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Councils are very rarely helpful when it comes to bailiffs, as far as they are concerned bailiffs know everything and are never wrong. So will, most of the time, believe what the bailiff says and very rarely help you out or state they wont help you because it is in the hands of the bailiff.

 

Ask the council how much they do know and see them squirm.

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Hi ploddertom well the woman i spoke to couldnt figure out what was goin on when she put in the account details so sat there for 20 mins clicking a pen dont get me wrong she was nice and tryed to help i found counciltax bill 2012/2013 i have 3 in total first says im on benifits(im not) so no payment needed second i owe 173 and third is up to date one for new house we moved here in june LO is for 2011 she did tell me this was sent to rosendales in 2011 and ive noticed on paper given by bailiff its dated 10/08/2011 am not sure why we only start getting them a year later i asked her the list of question e.g how many LO's etc... looked at me blankly i said about the fee's which are almost 400 she said oh they have there own fee's i really think she knew the answers but felt she couldnt say incase it went against her.

I agree seanamarts think ill have to gain some more knowledge on this over the weekend and go back on monday i felt fobbed off in a way. I did say i wasnt refusing to pay my council tax i was refusing to pay it through a bailiff i also asked if i was to pay the arrears online what would happen she said they would be cleared but the bailiff wouldnt know tis so i would advise against it so i dont know what to do now!!

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From what you have posted regarding the council yesterday triskit, it would appear they have messed up your account completely. you can pay directly into the council using their online sysyem, and i would offer payment at the counter, if they refuse get the apparatchik on 5the counter to sign a refusal, as that will help with any Formal Complaint later. keep dossendales out ant keep any motor out of their sight and they are relatively powerless. you certainly don't have to let a bailiff in no matter what he threatens. I would follow what ploddertom has advised regarding the Acme letter to rossers and the request for information to the council in writing. Once the figures are back, Caggers can help further.

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I think you must consider involving your local Councillor(s) over this as they can intervene at the highest level within the Council. I would be very surprised if the Council do not advise their Bailiffs of any payments made as in most cases this is updated on a weekly basis - the Council should have access to your account via Rossendales system anyway. Another way of trying to sort this is to submit a Subject Access Request on the Council but this does give them 40 days in which to reply & my other argument would be why should you have to pay if they have messed it up.

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I had a reply from my Council, after 3 requests asking my Local Councillor to reply to my email and to contact me, saying that my Councillor does not deal with individual cases!

 

I think you must consider involving your local Councillor(s) over this as they can intervene at the highest level within the Council. I would be very surprised if the Council do not advise their Bailiffs of any payments made as in most cases this is updated on a weekly basis - the Council should have access to your account via Rossendales system anyway. Another way of trying to sort this is to submit a Subject Access Request on the Council but this does give them 40 days in which to reply & my other argument would be why should you have to pay if they have messed it up.
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From looking at the council tax bills ive come to the conclusion the amount owing is from april "11 to maybe november "11 i dont dispute this as there was alot going on at that time i more than likely did forget about it but as i said when i set up the standing orders i thought it was all sorted foolish mistake on my part as this was the first time dealing with bailiffs there one sheet of paper doesnt give much info i speed read most of my post with 2 kids under 3 i dont have the time to sit and scoure for info i just read council tax arrears and rang the council straight away only they said 2 amounts on the first call which are now almost finished and didnt mention rosendales i do take blame for this as i should of mentioned the rosendale letters when i rang the council.

I have checked my bill again

Date of issue:14 march 2012

charge for period 01 april 12- 31 march 13 £1038.57

Benifit 01 april 12-31 march 13 -£1038.57

for infomation only. no payment is required in respect of current year

as at 23 feb 12 your 2011/12 council tax account balance is £569.52 subject to court proceedings

 

We did claim income support from dec11 to feb 12 as my partner lost his job and i was pregnant but baby was born 5 feb and he gad new job by middle of feb

next bill is dated 09 june 2012

balance brought forward £569.52

charge for period 01 april 12 -31 march 12 £173.57

Benifit 05 march 12 -31 march12 76.29

645.81 of total is subject to court proceedings

Last bill is dated same as above but for new property and all seems fine on that one.

I know benifits work in arrears so i can only think that if we stopped in feb it wouldnt of taken affect on there system till march the 2 different totals subject to court proceedings £569.52 +£645.81 are the same period of charges just with added court fees i pressume not 2 seperate bills i 100% didnt recieve a letter from rosendales till august 12 but if i -£645.81 from bailiffs made up amount of £1004.31 they have added on fees of £358.50 yet they said they dropped off 4 letters in total i can only find 1 plus the one handed to me on wednesday can they even charge that much without ever being in the house or even speaking to someone. I read there agreement with the coucil found a file online and it does state that cases are discussed regularly so therefore the bailiff would know i have been paying and also the fees are 24.50 first visit 18.00 second but that obviously isnt the case.

Sorry for goin on and on its just so annoying all your replies are greatly appreciated my lessons learnt are never take a bailiffs word as the truth and stop speed reading the post it gets you in trouble ha

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I had a reply from my Council, after 3 requests asking my Local Councillor to reply to my email and to contact me, saying that my Councillor does not deal with individual cases!

 

I would suggest your Councillor is not fit for the job and complaint should be made to his "boss" - Leader of the Council or opposite number dependent on the political persuasion within the Council.

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I will do that, thanks

 

I would suggest your Councillor is not fit for the job and complaint should be made to his "boss" - Leader of the Council or opposite number dependent on the political persuasion within the Council.
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Originally you could have complained to the Standards Board but this was scrapped when the Localism Act came into being. Each Council should publish a Code of Conduct for their Councillors and while this in the main may deal with Register of Interest I believe what you have is neglect of duty. If he doesn't want to deal with constituents then this should be reported and would make a good story in the press.

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Sounds better and better!

 

Originally you could have complained to the Standards Board but this was scrapped when the Localism Act came into being. Each Council should publish a Code of Conduct for their Councillors and while this in the main may deal with Register of Interest I believe what you have is neglect of duty. If he doesn't want to deal with constituents then this should be reported and would make a good story in the press.
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Also forward the reply to your MP, as that is what local councillors are for they are there to deal with complaints and issues for electors in their wards. has the muppet that replied saying that councillors do not deal with individuals been on a Common Purpose act beyond authority course? As a local community councillor myself i am disgusted with this, and complaints as per ploddertom, and as I suggested MP also.

We could do with some help from you.

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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!

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