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    • So today I received two claim forms. Interesting how tm legal are keen to rush into this as they didn't respond to my paploc response and my requests for all the information including cca agreement etc. Guess they probably lost this in the pile and think this will result in a backdoor ccj
    • OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required? 
    • BF do you know where the instruction for skeleton has come from? Its just WX + docs. Do you think a skeleton is needed if the only issue in dispute is the legality of the exclusion terms. it seems excessive as well as wx no?   ah yes good point with LIP wx format i didnt think about the LIP judge softhand 
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      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.  

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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.
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      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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We are paying a charge of £3054.06 at £100 per week agreed.

Charges of bailiff are £25 per £100 - also charged us walking possession fee, enforcements under fee 5 disbursements under fee 12 etc totalling bill of £1255.40.

 

This is a business rent debt that went to court and landlord agreed above terms.

 

No possessions were taken,

no letter sent to indicate court proceedings,

no seizures; nothing.

 

Can bailiffs charge on these terms and this amount?

 

Thank you!!!

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Think so..contact bailiff, bailiff contact solicitor and solicitor says £100 per week acceptable to claimant, although we have paid £200 6 times and they have taken £50 on that occasion - thank you!

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The feesthe HCEO can charge are set by their Regulations, there is a provision under Rule 13 to charge miscellaneous fees and it is these that will rack up the charges, but they are challengeable. Have you asked for a breakdown of the fee they have charged?

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Yes

Percentage fee 78.85

Mileage Fee 24.82

Seizure Fee 2.00

Enquiry fee 4.00

Walking possession fee 5 (2) 56.30

Enforcements under Fee 5 (3) 475.00

Disbursements under fe 5 (3)

No sale inventory fee 6 (2) (b) 152.70

Disbursements under fee 12 252.50

VAT 209.23

Total enforcement fee 1255.40

 

Sounds like the chuffing shipping forecast!

 

Thank you again for your time

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You say it went to court, did you end up with a CCJ for this? If so did you defend the action, can you comfortably afford the payments demanded? Were any goods seized? If so can you list them exactly as described on the Notice of Seizure?

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No. We never received notification - we were in a depot and the business was not doing well. We had missed some rental but had come to an arrangement with landlords, then we moved to a better site and now business is thriving. We owed about £2300 in rent but they owed us £1600 bond of which they have said they will return once we have paid this..we are still paying - did not defend action because we did owe them but do now think this is excessive..no goods were seized - we just moved and this was initiated but did not have any warning - nothing. We can pay comfortably now but feel increasingly as though we are been taken for a muppet.....also the bailiff came to the house and threatened to take the car but we were still paying and they said it was a mistake and very sorry so just left it - bit traumatic really when he wrote on that he would take the car.....

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From wghat you say it appears you may have been overcharged. Is it possible you can scan & upload some of your paperwork - remove all personal identifiers and best done as a PDF file. It will pay to submit a Subject Access Request - costs a tenner but worthwhile as we can probably marry the charges to the events then. Be back later.

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No. We never received notification - we were in a depot and the business was not doing well. We had missed some rental but had come to an arrangement with landlords, then we moved to a better site and now business is thriving. We owed about £2300 in rent but they owed us £1600 bond of which they have said they will return once we have paid this..we are still paying - did not defend action because we did owe them but do now think this is excessive..no goods were seized - we just moved and this was initiated but did not have any warning - nothing. We can pay comfortably now but feel increasingly as though we are been taken for a muppet.....also the bailiff came to the house and threatened to take the car but we were still paying and they said it was a mistake and very sorry so just left it - bit traumatic really when he wrote on that he would take the car.....

Are you a sole trader or a limited company?

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Are you really sure that this company are charging £25 fee for administering payment of £100 ??

 

By coincidence, I am just looking at a copy of a Bill of Costs from a well know firm of High Court Enforcement Officers and they charged a figure of 2.5% commission on all payments received. The company that you are dealing with appears to be charging 25% !!! This cannot possible be right......

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  • 5 weeks later...

SIMPLY

 

Been served with writ for £3000

- bailiff charges £1200

 

last July 2012 - claimant agreed on installments

- paid debt off

- bailiff has charged for walking possession fee,

disbursements,

enforcements,

seizures

- nothing was taken, seized, signed, auctioned etc

- took ages to get financial statement

 

- bailiff has taken his fees alongside claimant and added VAT eg

every £100 claimant

£70 Bailiff

£25 bailiff

VAT £5

 

- written three letters with detailed assessment from ourselves ref 2004 regs

- NOTHING BACK

 

- sent SAR

 

- just paying their fees now

 

- are these fees legal if nothing is taken?

 

Thank you!!

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We paid the instalments on a voluntary basis but the solicitor/creditor/bailiff dictated how much they were willing to accept - ironic thing is that the creditor now owes us £1600 bond that he won't pay unless all charges (inc bailiff) are complete!! Anyway that is a separate matter but as for original debt - all paid now except for bailiff charges...thank you

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Some HCEO charges can only be charged as per the Regulations but the main bone of contention are those that come under Misc and it is these that can be challenged either by writing and complaining or taking it to a costs hearing - which can have adverse implications if it goes against you. As said previously look at Post 6, as if it is approaching the 40 days you may need to send them a reminder to jog their memory.

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We will take action if it goes beyond the 40 days...if the charges are justified and legal we will pay and fair enough but there are so many people saying they have been mis-charged that it started the questions in my mind...the majority of costs were for enforcement citing 5 (3) in the fees - if they have taken anything then i am absolutely intrigued..will see..thanks anyway - Night

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