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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
  • Our picks

    • 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.

      Please can you advise what I need to do today to get this done. 
       

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

 

I am after some advice!

 

My sister has had a bit of trouble paying her council tax and it appears that the arrears was sent to Andrew James Enforcement Limited who are a bailiff.

 

She has not received any communication from this company until she had a knock on the door yesterday. She wasn't at home at the time, and they posted a red removal notice through her door. The notice says that they had attended to Remove her goods and take them to auction. The amount due on the notice is £367.

 

Are the bailiffs allowed to issue a red final notice without prior communication?

 

I have spoken to the council today on her behalf, who have confirmed that the initial arrears was only for £153. I have paid this off directly with the council. Does this now mean that the Bailiff are no longer entitled to remove goods from the house?

 

I don't know what to do now with this Bailiff company!! I assume that she will only owe them the difference?

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if this was their 1st visit she owes them £24,50 I suggest you/she pays this to the council asap

 

if they refuse to accept this payment because its bailiff fees remind them of there legal obligation to accept schedule 5 charges

 

quote this to them

The Council Tax (Administration and Enforcement) Regulations 1992

 

Distress

 

 

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

 

(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

 

(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

 

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

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if this was their 1st visit she owes them £24,50 I suggest you/she pays this to the council asap

 

if they refuse to accept this payment because its bailiff fees remind them of there legal obligation to accept schedule 5 charges

 

quote this to them

The Council Tax (Administration and Enforcement) Regulations 1992

 

Distress

 

 

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

 

(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

 

(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

 

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

Hi,

 

Thank you for your reply.

 

I have made a payment to the council directly for the original amount £153.59. She told me that they would inform Andrew James that I had paid this off.

 

Is there anything else I need to do to stop them from being able to remove items from the home?

 

This is 100% the first communication we have ever had from this company, so I am not sure why they are asking for a whopping £214 extra?! I have no official paper work that shows they have only been the once, so how do I prove this?

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Is there anything else I need to do to stop them from being able to remove items from the home?

 

keep the door locked windows closed hide any vehicles

 

pay the £24.50 then make a FORMAL COMPLAINT to the ceo of the council

 

your complaint is that you have had one bailiffs visit where no levy took place therefore according to legislation seclude 5 of The Council Tax (Administration and Enforcement) Regulations 1992 the fees charged should be £24.50 not £214 ask them to put all further bailiff action on hold until the council can establish why this bailiff mr xxxxx has charged such extortionate fees for a 1st visit inform them you have paid the liability amount of £153.59 plus a first visit fee of £24,50 to the council on (date )

 

PS if this is wales then a 1st visit fee is £22.50

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AFAIK as the actual liability order has been settled, the Bailiff can no longer use his "powers"

 

if he wanted to enforce his fees, he cannot, except by going to court for a CCJ which they never do for some reason ;)

 

Also, if he has only made the 1 visit the most he could charge is about £24, so would be very interesting to see where the extra near £200 has come from! Might be worth making an official complaint.

 

Tell your sister to keep doors and windows locked for the time being until Council confirms the Order has been paid though.

[sIGPIC][/sIGPIC]

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Thanks everyone for your help. I have paid £24.50 to the council as mentioned above. I will ask the council to send written confirmation.

 

What happens if they do now visit again? Will she be charged for another visit even though I have paid it?

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I would not advise anyone not to pay legitimate bailiff fees the council should/could pay the bailiff fees from the payment made I believe bailiff fees are paid first from any payment made to the council

 

we all spout the nation standards for enforcement agents however they work both ways

http://www.debtfreeme.co.uk/assets/dfm/national-standards-enforcement-agents.pdf

page 3

Creditors agreeing the suspension of a warrant or making direct payment arrangements with debtors must give appropriate notification to and should pay appropriate fees due to the enforcement agent.

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Thanks everyone for your help. I have paid £24.50 to the council as mentioned above. I will ask the council to send written confirmation.

 

What happens if they do now visit again? Will she be charged for another visit even though I have paid it?

 

you cant be charged for further visits (they may try it on) as their is no outstanding debt

send the FORMAL COMPLAINT this can be done by e-mail to the CEO of the council (you should be able to find out who he/she is and the e-mail address on the councils website)

 

did you check the bailiff is certificated

http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated

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I have sent an email off to the CEO email that was on the council website. I will wait and see what the outcome of that is. I haven't checked to see if they are certificated, but I will be now!

 

Thanks for your help

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