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    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

If i pay Council Tax direct will my bill get paid or will Rossendales bailiffs receive money?


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I received a letter from Rossendales bailiffs yesterday t say they're coming to my house in 24 hours t levy goods for an old council tax bill. Ive received no other letters from them and was unaware i owed the money. They are saying i owe them over £600 but when i rang the council the bill is only £280.

Ive asked the council if i can deal direct with them but they said i have t take it up with the bailiffs.

Ive rang the bailiff t set up a payment plan but he said they're unable to do that as he is a removal bailiff and its his job to levy goods.

I will have sufficient funds t pay the £280 on the 15th and i'm wondering if i pay the council direct and not the bailiffs will the council tax bill get paid or will it go to Rossendales?

I understand i will still owe Rossendales money if the council receives it but surely they wont be able to gain lawful access as i wont owe them for council tax?

Edited by Charlene2580
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If you pay the council direct, they are unlikely to pass this on to Rossendales (I doubt whether it would be legal anyway).

 

It would be best to ask the council for written confirmation that your liability has been settled once you've paid.

 

They will of course say that you still owe the bailiff, but that would be between you and Rossendales – nothing to do with the council.

 

EDIT:

 

If you pay Rossendales, they will take their fees first, leaving you over £320 short on your CTAX bill.

Edited by outlawla
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Did the letter come via Royal Mail or was it delivered by hand?

 

Im unsure. It was in a postage paid envelope but when i rang the Rossendales number the automated service said if i have received a hand delivered letter to ring the bailiffs mobile number direct.

When i looked at the letter the bailiffs mobile number was there but couldnt say if it was hand delivered or not.

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Thats what i was hoping. Just want to make sure before i hand any money over.

If rossendales weren't trying to charge such a ridiculous amount i would sort it out with them but they're not trying to help me or themselves at all!

I hadn't even received any other letters from them. They said they visited my property last year which i find hard to believe or they would still be harassing me for the cash.

And even so.... over £300 for 1 visit and a letter is clearly unlawful!

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I would strongly suspect that a bailiff will "claim " that a visit has been made and that he has therefore added a "levy fee" and almost certainly and "attending to remove fee".

 

Neither fee can be applied UNLESS a bailiff has PREVIOUSLY levied upon goods.

 

You need to ensure that you do NOT have a vehicle outside of your home and that you do NOT allow the bailiff entry into your home. Unless a "levy" is made, the fees that can legally be charged are CAPPED at £24.50

 

Call the bailiff company right now and say to them that you have received confirmation from the council that the debt passed to them is xxx and that they are demanding xxxx and ask why there is such a difference !!!

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If you pay the council direct, they are unlikely to pass this on to Rossendales (I doubt whether it would be legal anyway).

 

It would be best to ask the council for written confirmation that your liability has been settled once you've paid.

 

They will of course say that you still owe the bailiff, but that would be between you and Rossendales – nothing to do with the council.

 

EDIT:

 

If you pay Rossendales, they will take their fees first, leaving you over £320 short on your CTAX bill.

 

Thats what i was hoping. Just want to make sure before i hand any money over.

If rossendales weren't trying to charge such a ridiculous amount i would sort it out with them but they're not trying to help me or themselves at all!

I hadn't even received any other letters from them. They said they visited my property last year which i find hard to believe or they would still be harassing me for the cash.

And even so.... over £300 for 1 visit and a letter is clearly unlawful!

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The council are likely to continue saying you have to deal with the bailiff firm (including payment). You can however, pay the council regardless of any of this nonsense. Ask for them to put it in writing that they are refusing payment if they continue to.

 

In any event, payment direct (agreement or no agreement) through internet banking or via the council's website always trumps their refusal to accept payment once the account is with the bailiff. However, be cautious as payments made on-line may be allocated to the wrong account if you have more than one year's CTAX outstanding. If any doubt, specify which account your payment is allocated.

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I would strongly suspect that a bailiff will "claim " that a visit has been made and that he has therefore added a "levy fee" and almost certainly and "attending to remove fee".

 

Neither fee can be applied UNLESS a bailiff has PREVIOUSLY levied upon goods.

 

You need to ensure that you do NOT have a vehicle outside of your home and that you do NOT allow the bailiff entry into your home. Unless a "levy" is made, the fees that can legally be charged are CAPPED at £24.50

 

Call the bailiff company right now and say to them that you have received confirmation from the council that the debt passed to them is xxx and that they are demanding xxxx and ask why there is such a difference !!!

 

Was just looking this up online :) Ill pay the council and the most i can owe the bailiffs is £50. Thats a massive weight off my mind! Been crying all morning thinking the contents of my house are going to get taken away from me! lol.

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One point that needs to be made clear is that the statutory regulations regarding enforcement of a Liability Order specifically provide that from any payment made bailiff fees are FIRST deducted.

 

It is for this reason that I ALWAYS advise of the danger of paying the council direct UNLESS you have first established the PRECISE amount of the fees charged and why.

 

If Rossendales are "claiming" that a visit was made last year then they MUST provide details of the date. Also, unless a levy was made the fees that can be charged are CAPPED at £24.50 (for attending to levy where no levy was made).

 

If there is doubt that this particular visit was made, I would still suggest paying the fee of £24.50 and then making enquiries afterwards.

 

ALWAYS put your complaint in writing to the council and send a copy to Rossendales.

 

PS: If (which is doubtful) .. a levy was made last year then frankly...given the time that has elapsed, the bailiff has almost certainly abandoned the levy and the only fee payable is the fee of £24.50 as indicated.

 

Sorry...last point, with council tax the local authority are wholly responsible for a levy and any fees charged by their agents (Rossendales).

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The council are likely to continue saying you have to deal with the bailiff firm (including payment). You can however, pay the council regardless of any of this nonsense. Ask for them to put it in writing that they are refusing payment if they continue to.

 

In any event, payment direct (agreement or no agreement) through internet banking or via the council's website always trumps their refusal to accept payment once the account is with the bailiff. However, be cautious as payments made on-line may be allocated to the wrong account if you have more than one year's CTAX outstanding. If any doubt, specify which account your payment is allocated.

 

Thanks very much. Seemed a bit odd to me that they would try and refuse money! Ive looked at bailiff charges and the most they can charge before a levy of goods is £42.50 for Council Tax so ill pay the council and can tell Rossendales to suck eggs :-D

Cant believe they are allowed to get away with trying to con people in such a way!! Im a housewife right now and if we were better off id of probably paid them the lot without dispute! So many peope must get conned by them in such a way! Makes me sick!! Thanks very much for your help :)

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