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    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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In that case the fees they have added have not legally been applied, as they need to come to your house and you let them in to levy, something which you should not do, pay the council direct using their online system, tell the council you will not deal with the bailiff as they have already added fees to which they are not yet entitled, and won't be as you will not let them in to list goods .

Edited by brassnecked

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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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I would take that as an admission to not yet having had access to carry out the levy they have already charged you for.......pay the Council direct and them the first visit fee and invite them to claim any further fees they see to be owed through the courts????

 

WD

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Deny them a levy and they are powerless, there is no law that says you MUST deal with a bailiff.

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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 they have NOT been in the property and listed goods, then the distraint fee and levy fee are invalid. Have they seized a car?

No they have not seized my car.

 

Also I spoke to the council and they have informed that once a debt has gone to the bailiff they will ask for the debt to be returned to them. Only the baliffs can return the debt back to the council.

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Deny them a levy and they are powerless, there is no law that says you MUST deal with a bailiff.

 

This is what I emailed Whyte & co (the bailiffs):

 

Dear XXXX

 

Thank you for your email.

 

Gathering from the legal advice I have obtained, I am not obligated or obliged to enter into an walking possession agreement with your company.

 

Whyte & Co can agree to a payment arrangement without a need to levy distress at this stage. As stated in my letter dated 22 January 2013 (attached), I can agree to pay £50 per month and am happy to review that payment arrangement in the next 3 or 6 months.

 

I am and want to pay off this debt but can only do so by making the payment agreement above my first payment will be made on 28 January 2013. This will be paid by bank transfer into your account.

 

If you are not happy to accept my offer, I would expect for the monies to be refunded back to me.

 

Also I have noticed that you have added a distraint and walking possession fee to my account, could you explain why this has been added?

 

I look forward to hearing from you.

 

Kind regards

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No they have not seized my car.

 

Also I spoke to the council and they have informed that once a debt has gone to the bailiff they will ask for the debt to be returned to them. Only the baliffs can return the debt back to the council Who says thata numpty in the council?, as the council are wholly responsible and own the debt, they cannot sell it or otherwise transfer it, they remain in control at all times, and can pull it back off bailiffs any time they want it's just they usually choose not to. .

 

BN

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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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I would start paying the council.

 

Exactly, is the only way to go.

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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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Exactly, is the only way to go.

 

Please note that I have made a payment to WC of £50 today.

 

This the email response I just received from Whyte & co.

What do you think I should do from here?

 

Thank you for your email of 25/01/2013.

 

As this debt is subject to a court liability order full payment is required and we are not obliged to set any repayment plans. We never refuse payments but we are unable to hold action on the basis of an offer of £50.00 monthly.

 

There are bailiff charges of £24.50 on the account xxxx, Case ID: xxxxx in respect of a bailiff visit on 22/01/2013.

 

The Levy and Walking Possession given is a potential amount.

 

Regards,

Whyte & Co.

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'The levylink3.gif and Walking Possession given is a potential amount' this in my eyes is admission they have attempted to front load their fees.

Pay the Council direct and write to advise them the reason for doing so....1. their appointed agent will not accept a payment plan without your agreeing them access to your home..you are not prepared to expose your family to strangers poking through personal possessions. 2. they have attempted to front load fees...3. you have no confidence in their ability to abide by the national standards of enforcement. 4. the amount offered as a payment plan is the maximum affordable to you........send a copy of an I & E with your letter.

 

WD

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The Levy and Walking Possession given is a potential amount.

 

Regards,

Whyte & Co.

 

I'm just consulting my latest Hans Christian Anderson & Brothers Grimm to see if they mention this.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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Just my two penny's worth. Have nothing to do with the Bailiffs. When this happened to me I simply ignored them. Never responded, certainly never let them in the house.

 

Eventually it went back to the Council and I have been paying them.

 

I think Council's are very lazy/unreasonable in appointing bailiffs, who are nothing more than bully boys. They should deal with the issues themselves, not hand out debts to these thugs.

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"The levylink3.gif and Walking Possession given is a potential amount." they know you are on to them so are backtracking, do as WD and PT suggest, pay the council and tell them you cannot deal with Whyte & Co as it is evident from their communications and charges quoted they have openly attempted to defraud you with unlawful front loading of speculative fees.

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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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  • 1 month later...

Hello.....update...

I have been making direct payments from my bank account to Whyte & Co, £50 monthly. So far I have made 2 payments, despite them not agreeing to my email request to arrange a payment plan without a walking possession order. I just ignored their response and have continued to pay them.

Today, I received a letter informing me of their intention to remove goods on or after 21/3/2013 unless I contact their office and make immediate arrangements to pay the debt.

 

I intend to email them as the telephone number listed on the letter is a recorded message only and results in you being cut off once the message is relayed.

 

Also, I am a car owner, however I intend to park my car a few streets away from house.

 

Please can you offer any advice or template as to what I should say in my email response to the removal warning letter?

 

Many thanks in advance.

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Why have you been appeasing the crocodile? why not the council directly, Whyte & Co will have taken the two payments as fees, and the council will have had diddly, the pack drill is to pay THE COUNCIL directly

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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Personally I would now ignore the bailiffs. They have lied to you about the fees they charge, they compound it by saying that the fees were potential charges and they will continue to lie about

removing goods, getting locksmiths and calling the Police to your home.

 

Tell the Council that the bailiffs have confirmed that their charges are £24.50 and that as you have paid them £100, they are due the Council the balance. Ask if they have been paid and say that

you will now pay the Council the outstanding amount [less the £75.50 of course ]at a rate of £50 per month until settled.

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