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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Hi all.

 

I'm posting this on behalf of a friend/neighbour. I'm afraid that the details are going to be patchy, because her paperwork isn't great and she seems to have done most of this on the phone.

 

She has two liability orders from her local council for unpaid CT. The first is for £179.00, and the second is for £560.00. At initial bailiff attendance, he took down her current circumstances (two adults, one child, both adults currently unemployed) and told her to contact B&S offices.

 

She contacted the offices and agreed to pay £104 a month (!) which would be coming out of her child benefit of £80 topped up by £24 from her JSA. This is barking, she clearly can't afford it. Unsurprisingly, the first payment, which was due beginning of last month by standing order, bounced. She hasn't contacted them by phone since then (and can't - her phone is on incoming calls only and the only number given on the paperwork is an 0871 number which she definitely can't call from a mobile or payphone) but has written to them with no response.

 

She had another bailiff visit on 29/11 while they were out. As far as I can tell from the paperwork she has, she's been charged £42.50 per visit.

 

Can someone please give me an outline of what she should do in this situation? I understand that the council won't take the debt back in order to take payment direct from her benefits due to there being two liability orders?

 

There's no levy in place, and she has no car.

 

Additionally, there's no email address on any of the paperwork, although there is an online account option - this doesn't work, when she tries to log in it just says that due to the type of debt she's not able to make an online payment arrangement.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

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has the bailiffs ever been into the property?

 

Bailiff fees should by £24.50 first visit and £18.00 second visit where no levy taken place

bailiffs have lumped the two together charging multiple fees for a single visit

 

being unemployed may fall into vulnerable category

 

If bailiffs have no levy they are powerless keep them out deny any levy and not a lot they can do

 

payments direct to the council online using correct reference number do so weekly so a payment history stacks up

 

council make there own rules up there is no blood in a stone so i would pay them a little amount until things improve

Edited by i hate bailiffs

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

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Definitely hasn't had access to the property, 100% certain of that - that's why I know he hasn't levied.

 

Also, she's never received a 'final notice', which I always thought was required before a bailiff attends. The only thing that she's had that could be related to this is a postcard from the Royal Mail saying that they had a letter with insufficient postage and she'd have to pay £1.50 to have it released to her. This arrived after the bailiff anyway.

 

What can she do regards the 'vulnerable' situation? Is there any way she can get the Council to take the debt back based on this? She's too scared to open her door at the minute - I had to text her when I was outside last night.

 

Fees are definitely as I stated - 2 x 42.50.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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ok the 2 x £42.50 will be first and second visit lumped together

how many visits have bailiffs made

 

it would be worth contacting your local MP explain to them the situation of no work if the council refuse to take it back

 

keep the bailiffs out given time they will give up


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

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They've made two visits only.

 

O.K - so, as a beginning point, do you reckon I should draft a letter for her to give to the council requesting that they take the account back, then if that's a 'no' tell her to go down the MP route?

 

If they don't give up soon, she really will be vulnerable in the mental health sense of the word vulnerable. The atmosphere in that house was horrible last night. She won't even open the curtains.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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write to the council and copy in MP will be a good start

 

Any and all payments from now direct to council

Keep bailiffs out deny any levy and they will hand it back to the council given time

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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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Email for B&S is enquiries@bristowsutor.co.uk

 

As start she should get the exact figures from 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

 

There is no law that says she has to speak to or deal with a Bailiff, and as said above definitely do not allow him entry. Have you checked the Bailiff Register to see if he is suitably Cerificated http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/ . To claim vulnerability they should write to both Bailiffs & Council outlining their claim & provide proof of same. One other person who should be able to help is the local Councillor(s) who in my view are available 7 days per week up until 9pm, if met by reluctance or refusal go straight to the Leader of the Council & his opposite number.

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They may make regular payments direct to the Council in the meantime via online banking, Council website or automated phone. Cash payments may also be made at the Council offices and if met by refusal for this the name & position of the person refusing should be politely requested, this will then form the basis of a Formal Complaint to the Council. Paying in any of these manners shows a willingness to pay and quickly builds a payment history, therefore defeating the Council should they decide to take matters further,


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Guys, thank you for all of this. PlodderTom, I'll send her a Facebook message in a minute asking her to call the council in the morning so I can answer your questions.

 

Just out of curiosity, would it be out of the question for her to ask for an attachment order for the £3.55 (or whatever it is) to come directly out of her benefits?

 

From what she said to me, she's just paying the people who shout the loudest first at the minute, and I'm a bit concerned that she won't keep to a payment plan if she's left to her own devices.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Just out of curiosity, would it be out of the question for her to ask for an attachment order for the £3.55 (or whatever it is) to come directly out of her benefits?

 

 

That will rely on 2 things:

1 - the Council taking the debt back because of "vulnerability"

2 - they have a Benefit that this can be taken from - not too up on Benefits so don't more


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That's a shame. Being on benefits doesn't make you automatically vulnerable, does it?

 

There's really a lot of things she needs to sort out before she even looks at paying back more than the bare minimum - she's not even getting tax credits at the minute, so I don't know how she's managing at all. I'm in the exact same situation as her (minus the CT problems), and I couldn't live without tax credits. She is sorting that out now, but I don't see it being resolved before Christmas.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Have they thought about ringing the Council or local CAB and asking if they have a Welfare Rights Adviser who can check to make sure they are claiming everything they should be?


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They're claiming everything that they are entitled to bar the Tax Credits, which has been a bit of a cock up but to her credit she is sorting that out now.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Quick update on this thread, because I have an ear infection and being upright doesn't agree with me at the minute.

 

I happened to be at this neighbour's house when a B&S Bailiff attended today. I'm shocked to say this, but he was genuinely very decent. He took one look at her account and said that her payments were set at a ridiculously high level, and went on to say 'I'm not even leaving you a letter - it would just rack up more charges and that's not getting you anywhere. I'm going to send your account back to the council, and you can come to a sensible arrangement with them rather than having to worry about us knocking on your door all the time', wished her luck and told her not to worry too much as there are people with far higher arrears than her!

 

So there you go, that's the Annual Decent Bailiff Story. Normal service can now resume. :)


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Lets hope he wasn't wearing two faces and spoke with forked tongue...only time will tell?

 

IMHO there has to be good in a least 1 bailiff and I truly hopr this was him.

 

WD

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Quick update on this thread, because I have an ear infection and being upright doesn't agree with me at the minute.

 

I happened to be at this neighbour's house when a B&S Bailiff attended today. I'm shocked to say this, but he was genuinely very decent. He took one look at her account and said that her payments were set at a ridiculously high level, and went on to say 'I'm not even leaving you a letter - it would just rack up more charges and that's not getting you anywhere. I'm going to send your account back to the council, and you can come to a sensible arrangement with them rather than having to worry about us knocking on your door all the time', wished her luck and told her not to worry too much as there are people with far higher arrears than her!

 

So there you go, that's the Annual Decent Bailiff Story. Normal service can now resume. :)

 

:faint:

 

A bailiff that does the right thing, Im impressed, Way to go mr Bailiff. Its a pity we dont hear more stories like this :)

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I shall edit the thread if thats ok with you

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We are the first to kick off and fire rockets when they get it wrong, so hats off and well done that bailiff. praise where praise is due. now a few more like him, and things may just get better.


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Thanks Seanamarts. I shall be back with bells on if there's any mischief, but I think it's down to her sorting herself out and making sure she keeps up with any arrangement she makes.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Thanks Seanamarts. I shall be back with bells on if there's any mischief, but I think it's down to her sorting herself out and making sure she keeps up with any arrangement she makes.

:thumb:

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If one can do it why can't the rest!


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I'd love to know how much she's clocked up in fees between me posting here and that particular bailiff turning up, though. She said he wasn't the usual Bailiff, which tells me that she's had a few visits before now.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Doesnt matter how many visits. They can only charge for 2.


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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If the account is passed back to the Council then all the Bailiff fees will be wiped. There is a danger however that once back at the B&S office it could be given to someone else who might not be quite so forgiving. Did you ever get an answer to the questions posed in Post 7?


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