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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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Andrew James enforcement trouble! Will not accept payments will only collect fulll


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I am currently having trouble with the firm Andrew James enforcement.

 

baliffs are knocking on my door at all hours and I am refusing to open the door to them, I have intact end them though too try to arrange a payment plan as I am only currently receiving job seekers allowance and child tax credit!

 

I have too children ages 11 and 13 I offered them 5 pound a week as that's all I can afford the total bill is 728 the actual amount I owe the council is 356!! The reSt is baliff charges which is ridiculous anyway they refused my offer staing I needed to pay in full I informed them I was not in a position to do this and I was told in so many word oh well recovery action will go ahead !

 

I have never let them in and they have certainly not levied on any of my goods.

 

I rang the council to ask if they could have the debt back and was told as I have baliff charges outstanding they cannot take the debt back Untill they are cleared! So I'm stuck!

 

What I need to know is if I keep ignoring the baliff will they eventually send it back to the council and is there a maximum amount that baliffs can charge!

 

Any help on how I can deal with this will be greatly appreciated I am going to pay the council direct 5 a week Untill Xmas then I will up it to 20 but I'm not paying the baliffs anything am I within my rights to do this?

 

Thanks in advance

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are you a single parent? if so then it shouldn't be with a bailiff as you are classed as vulnerable. bailiff charges are £24:50 for first visit then £18:00 for 2nd visit so total of £42:50 so we need if possible a breakdown of fees if you have them. Yes if you ignore them they eventually pass it back to council, however the council can go for a committal to prison (remember they could not they will) what you need to do is speak to council and ask them to take it back, explaining you offered a reasonable amount to bailiff who refused payment (do you have any letters refusing payment) I would also be bringing in your local councillor too explaining situation and getting his/her help. So I would contact council ask them to take it back as their own agent will not accept the payment plan.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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I thought for Council Tax they can only charge £24.50 for a first visit and then £18 for two further visits. They can only charge an attendance fee if they have actually made a levy. If they have made a levy, they should have given you paperwork for this.

 

Suggest contacting the council to make a complaint that the bailiff is refusing any payment and trying to overcharge on fees. If they fail to take on the complaint, you will report this to the Local Government Ombudsman.

 

You don't have to deal with the bailiff and can deal direct with the council, if the bailff is not acting properly. The council are responsible for the behaviour of their bailiffs.

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are you a single parent? if so then it shouldn't be with a bailiff as you are classed as vulnerable. bailiff charges are £24:50 for first visit then £18:00 for 2nd visit so total of £42:50 so we need if possible a breakdown of fees if you have them. Yes if you ignore them they eventually pass it back to council, however the council can go for a committal to prison (remember they could not they will) what you need to do is speak to council and ask them to take it back, explaining you offered a reasonable amount to bailiff who refused payment (do you have any letters refusing payment) I would also be bringing in your local councillor too explaining situation and getting his/her help. So I would contact council ask them to take it back as their own agent will not accept the payment plan.

Thanks for the reply I have asked the council to take the debt back and they have said that as there are bailiff charges they can't take it back Untill they are cleared! They want 300 odd for charges!! Yea I am a single parent and already have a attachment from my benefit for previous years so I know this can be done but neither if them are budging bailiff wants parent in full council said I got to pay the charges before they take it bak because I was in work when the bailiffs got involved which was sep and I was laid off oct I really don't know what to so and am so stressed at the moment !

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[quote

What I need to know is if I keep ignoring the baliff will they eventually send it back to the council and is there a maximum amount that baliffs can charge!

 

I have in the past ignored the bailiffs and it did get handed back to the council given time they will give up with you and hand it back to council

 

 

They can charge £24.50 first visit fee with no levy and £18.00 second visit fee with no levy

they can return as much ass they like and charge no more as long as you keep them out and deny them a levy

 

Any repayments do it direct to the council online using correct reference numbers

It is important you deny bailiffs a levy and keep them out of your property otherwise fees will go up lots

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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I thought for Council Tax they can only charge £24.50 for a first visit and then £18 for two further visits. They can only charge an attendance fee if they have actually made a levy. If they have made a levy, they should have given you paperwork for this.

 

Suggest contacting the council to make a complaint that the bailiff is refusing any payment and trying to overcharge on fees. If they fail to take on the complaint, you will report this to the Local Government Ombudsman.

 

You don't have to deal with the bailiff and can deal direct with the council, if the bailff is not acting properly. The council are responsible for the behaviour of their bailiffs.

They have made no levy I have never spoken to them only rang them today after they where hammering on my door at7.45 my children were terrified! How can I find out what I have been charged? And so you know how long it will take before they send it back to the council? If they even do this?

Thanks

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[quote

What I need to know is if I keep ignoring the baliff will they eventually send it back to the council and is there a maximum amount that baliffs can charge!

 

I have in the past ignored the bailiffs and it did get handed back to the council given time they will give up with you and hand it back to council

 

 

They can charge £24.50 first visit fee with no levy and £18.00 second visit fee with no levy

they can return as much ass they like and charge no more as long as you keep them out and deny them a levy

 

Any repayments do it direct to the council online using correct reference numbers

It is important you deny bailiffs a levy and keep them out of your property otherwise fees will go up lots

 

Brilliant thanks how do I find out how my charges are up in the 300 mark?

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are you a single parent? if so then it shouldn't be with a bailiff as you are classed as vulnerable. bailiff charges are £24:50 for first visit then £18:00 for 2nd visit so total of £42:50 so we need if possible a breakdown of fees if you have them. Yes if you ignore them they eventually pass it back to council, however the council can go for a committal to prison (remember they could not they will) what you need to do is speak to council and ask them to take it back, explaining you offered a reasonable amount to bailiff who refused payment (do you have any letters refusing payment) I would also be bringing in your local councillor too explaining situation and getting his/her help. So I would contact council ask them to take it back as their own agent will not accept the payment plan.

 

Hi

I have no breakdown of fees that's all I know when I spoke to the council was my bill outstanding was 356 pound the baliffs want 728. The council have said they cannot take it back Untill these charges have been paid in full do you know if this is correct? They are saying because I was employed when the bailiff got involved in sep there is nothing they can do now! I was laid off in oct so probably was a maximum of two weeks in work !!

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you can write to the bailiffs asking for a break down of fees there is a template letter somewhere(cant find it at the moment)

 

You need to do a formal complaint to council about there agents fees copy in your local MP

Bailiffs are trying it on

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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Try this...............

 

As for the bailiffs, you need a Breakdown of the fees they are charging, here's an example of what to use, 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"

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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you can write to the bailiffs asking for a break down of fees there is a template letter somewhere(cant find it at the moment)

 

You need to do a formal complaint to council about there agents fees copy in your local MP

Bailiffs are trying it on

 

I had a funny feeling they were too be honest the woman I spoke to today was the most arrogant *bleep* iv ever encountered!! So I can ask for a breakdown of fees and is it correct they can only charge for two visits? I'm gonna pay the council weekly and hope tht they get fed up and leave me alone the way they were hammering on the door this morning though at 7.45 I can't see this happening anytime soon !

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I rang the council to ask if they could have the debt back and was told as I have baliff charges outstanding they cannot take the debt back Untill they are cleared! So I'm stuck!

 

 

The Council are talking rubbish. If you do speak to them again remind them they are 100% liable for the actions & charges their contractor makes - in this case the Bailiffs. I would suggest you contact your local Councillor(s) and ask they intervene on your behalf. Councillors in my view are contactable 7 days per week up until 9pm so still time this evening, details of who can be found on the Council website.

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On top of the breakdown of fees you need you also need to establish exactly what you owe. 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

 

Have you paid Bailiffs in the past?

 

If memory serves me right Andrew James operate in Wales, therefore the charges are slightly different £22-50 for a 1st Visit & £16-00 for a 2nd Visit. I would suspect they will claim to have levied on someones car in the street, doesn't matter whether you own it or not to them.

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Follow ploddertoms advice,and be ready to issue a Formal Complaint once you have the breakdown of charges, I suspect like PT that the bailiffs will claim to have a levy on a car, so if it isn't your car levy and all associated fees are invalid so it goes ibn the complaint along with them ignoring the vulnerability. You then say that you will pay them an amount you can afford regularly on the same day weekly or whatever. Copy complaint to council CEO, elected leader and MP

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

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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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