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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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Equita Bailiffs - Can I pay council directly and get rid of them??

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I have an outstanding debt of £214 in unpaid Council Tax which I need to clear by January 1st. Carelessly forgot to reinstate a cancelled direct debit when I got made redundant earlier in the year - have not had any reminders and just overlooked it.

 

I had a letter today from Equita - they have put a Form 7 through the door relating to my car (owned outright and for personal use only as far as insurance is concerned although I am to all intents and purposes now self employed, just not earning anything yet and therefore claiming working tax credit at highest level).

 

I can pay the Council Tax debt in full, and offered to do so today but they said no I had to pay the Bailiff. There is also a charge for £73.50 in Bailiff Costs.

 

I stupidly called the Bailiff before looking online and she said something else about their being another much smaller debt that wasnt included on the form and that she would be calling back seperately about that as "that is the way its done". She told me that I had to pay in full or they would take the car.

 

I didnt commit to paying anything, but said that I would call back on Monday.

 

Having read some initial advice online I feel that the following is what I want to do:

 

- Pay the amount direct to the Council so that I know it's clear. Do they have to accept payment from me directly?

- If absolutely necessary pay the Bailiffs fees.

 

Where does this leave me though? Can they take my car still? If there is another smaller amount which the Council didnt mention to me will the Bailiffs come and do the same thing again, and just incurr me more costs? Should I ask my friend if I can keep my car in her garage? If so, how long for??

 

Any advice very gratefully received...

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there is nowt to stop you paying the council

directly via YOUR internet banking site

 

details are on the reverse of the bill

 

or by their automated payment line?

 

either way they cannot refuse it.

 

as for the other 'debt'

 

you need to phone the council and ask:

 

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

 

as for the bailiff fees

if he has only been ONCE its £24.50

 

and HE CANNOT use a 'paid' LO to gain his fees.

 

dx


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Thank you SO much dx100uk for taking the time to reply that helps massively, I'll be making that call this morning...

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£73.50 bailiffs costs something not right

 

how many visits/times has the bailiff been to your property

 

costs should be 24.50 first visit with no levy

 

£18 second visit with no levy

 

then a levy fee b ut that cant be charged on the same time as a visit fee

 

Pay the council directly make a complaint about the made up bailiff fees to the council


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On the Form 7 there should be a list of the charges they have applied not just a lump sum? I suspect the "other small charge" will be an Attending to Remove fee of approx £175, they are being economical with the truth. Was this the first and only visit you have had from the Bailiff?


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Looking at what they are claiming to have charged makes it seem as if they are trying for a 1st & 2nd Visit Charge + a Levy Fee? To me that makes 3 visits.


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I have had one visit only...this was the first letter yesterday. Nothing previously.

 

I agree with what you say but in your place I would find out definitely what was owing as confirmed by the Council. As the fees to date are so low I would - if you have the money - pay what is owing as confirmed with the Council + the fees they are claiming - £73-50 and make sure you get a receipt or print a receipt. You may do this in person by cash at the Council - if they refuse this method you politely ask for the name & position of the person as this will then form the basis of a complaint against the Council. You may also pay using online banking, Council website or automated phone line.

 

It does go against the grain doing it this way but it ends all Bailiff action. You may then set about finding about the fees and put them to strict proof of any "claimed" visits. Any payment you have made that is unlawful or overcharged is reclaimable and the Council are 100% responsible for this.


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Just called the council who have agreed to take payment which is great.

 

But the bailiff insists that I owe £73.50 even though she admits it was her first visit.

 

She said that other bailiffs may have called before.

.(I have only had one letter, from her, yesterday).

 

Does the fact that she noted my car reg mean that she can charge more for that first visit?

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If she has admitted it is her first visit and she made a levy on your car then the only charge she may make is for the levy alone.

 

That is worked out at 24.5% of the first £100 owed plus 4% on the remainder and any part of a pound is rounded up to the next whole pound.

 

Therefore the only fees she can have charged is £24-50 + £4-56 = £29-06 rounded to the next £ = £30.

 

She can not add fees for "maybe" visits by others as if there were then they shoudl have left their own documentation.

 

If she tries to charge you any more than this ask her politely what Court her Certificate was issued at as you would be making a complaint about her overcharging.

 

Incidentally have you checked to see if she is indeed Certificated?


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Thankyou!! How do I check if she is certificated?? Also, I didnt receive a final notice reminder from the Council

...does this make a difference?

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Oh, and when I spoke to her, she said if I didnt pay the full amount of fees, she WOULD be coming to get my car...should I keep it in my friends garage?

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If the bailiff has admitted that no previous visits have been made then the levy fee according to the statutory fee scale should be £29.06.

 

I would ssuggest sending a text to the bailiff to advise that you will only pay fees that have been legally incurred and that as confirmation has been given that this was a 1st visit the only fees that can be charged is £29.06 for the cost of levying upon the car.

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Oh, and when I spoke to her, she said if I didnt pay the full amount of fees, she WOULD be coming to get my car...should I keep it in my friends garage?

 

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

 

It may be a good idea to have it elsewhere temporarily.

 

If she asks then your great Aunt Nellie who was passing broke down and you've lent her your car but she has gone to the Isle of Skye for a 3 weeks.

 

Seriously though she is telling you porkies and knows she has cocked up as she was obviously hoping to charge an "Attendance Fee" to garner more fees.

 

She needs to provide more proof of her fees.

 

Tell her you will contemplate a Form 4 complaint should she overcharge you

- this is a complaint that can be made to the County Court that granted her Certificate and in cases of serious complaint, including overcharging,

can basically remove her from her employment.


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I sent her this text;

 

Thank you for confirming that your visit and letter yesterday was the first to my address. As I explained I have had no previous letter to my address from any other bailiff.

 

According to statute, your fee for first visit and levy should be £29.06. I will settle this, along with the amount that I owe to the council of £241.05 as per your paperwork, on Monday.

 

If yu believe that you are entitled to charge me further fees kindly put this in writing, along with the name of the instructing court, so that I can check with them.

 

The council have informed me today that there is one other outstanding amount of £11.50 (ref number xxx) which I have settled with them. They have informed me that you were not entitled to charge for this amount in any case.

 

Thank you.

 

Is that ok?? She is certified! Thank again...

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Immediate response from her reads:

 

You are correct that the amount of £11.50 is not to incur any fees and can be settled at that amount.

 

As a court certified bailiff I am fully trained on what we can and cant charge.

 

If you require a breakdown of said charges this must be requested from our head office in wrirting.

 

As advised our action is ongoing until the full balance including our costs, is settled.

 

The matter is now in our hands and as the council have advised you, all payments are to be made to Equita ltd.

 

Well, the Council informed me otherwise..should I tell her this?

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How interesting that the bailiff has CHOSEN to ignore the main part of your text. Most revealing indeed.

 

I really would NOT wait to pay the £29.06 until next Monday. If you can pay this today that would be far better. If Equita refuse, pay the council.

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If you have paid what is owed to the Council to both outstanding amounts (£214 & £11.50) direct to them along with the £29.06 legitimate bailiff fees, then there is no debt outstanding and her 'levy' is dead in the making.

 

You can for peace of mind, tell her the debt was offered in full and accepted by xxxCouncil inclusive of legitimate fees, then confirm the same in writing to Equita advising them you therefore see the matter closed.

 

WD

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Immediate response from her reads:

 

You are correct that the amount of £11.50 is not to incur any fees and can be settled at that amount. As a court certified bailiff - she doesn't even realise this is wrong as she is a Certificated bailiff - I am fully trained on what we can and cant charge - in that case she should have known she can't claim for "visits that might have been". If you require a breakdown of said charges this must be requested from our head office in wrirting. As advised our action is ongoing until the full balance including our costs, is settled. The matter is now in our hands and as the council have advised you, all payments are to be made to Equita ltd.

Well, the Council informed me otherwise..should I tell her this?

 

I wonder if your Council outsources it admin functions to Capita only this time the usual stitch up has failed.


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Just beware of retribution! I think you have got off very lightly.


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What do you mean by retribution?? Scared now! I did write to Equita by email asking for a breakdown of their fees but so far no response...

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You may get another visit and them denying they know anything of the debt being paid, not necessarily by the same Bailiff.


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Council, Capita and Equita are all connected. In that the Council own Capita and Capita employ Equita to collect their debts, hence...they all earn a lump. Never risk debt with council, they will usually say "it's out of our hands now, you must pay bailiff". This also makes government employment statistics look better, when the council (as in your case) allowed you to pay them direct. You have gotten off lightly, pay the £29 and well done!

I had a 4 yr old CT tax debt for £100 go to wrong address. Equita took over and in the space of 3 weeks talking to the brick wall of a council re resolution. Equita (at first visit, after initial letter, I too made the mistake of ringing them) blocked me in my driveway, police were on their side and it cost me £600 on the spot, to keep my car!

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Time that the Capquita stitch up was killed.


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Hi guys just needing an additional piece of advice from you. I had a visit a month ago from an Equita bailiff re some Council Tax arrears. I paid £120 straight away but was disputing the full amount and had requested in writing a breakdown. It has taken them until this week to get them to me.

 

This was based on ONE visit in which she levied my car...

 

 

Debt: £241.05

Statutory Visit Fees: £24.50

Levy Fees: £31.00

 

TOTAL: £296.55

 

Does that look right to you guys? I want to know if it's lawful before I pay the remainder...

 

Cheers!

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