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    • Please take note: I got 2 tickets for 32  miles in a 30 zone on different days.  The police said its their policy to ticket anything over 30!!   I had to pay £100 for one and do the course as well.  Even as a disabled driver there was no give on the tickets. Please stop saying that it has to be 35+ it really does not. West Midlands police in Nuneaton so definitely dont go 1 mile over in that area.  
    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Urgent advice required - Bailiff letter delivered today (Parking ticket)


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A Bailiff hand delivered a letter today giving me 24 hours to pay £265 for an outstanding parking ticket. The thing is, I have written to the Local Authority twice about this, as I had used their automated telephone system a couple of days after receiving the fine and believed it paid.

 

The first I knew it was overdue was when I received a letter advising me that the fee had increased from £35 to £70. I wrote and told them that I thought this had been paid by telephone and asked that under the circumstances (i.e the apparent failure of their system) would I be expected to pay the additional £35?

 

I received no response to this letter until I received another notice taking the total to £105. I wrote again, enclosing the first letter asking for an immediate, urgent response as I did not feel that I should be liable for any charge over the £70, which I would have paid (under protest) had they responded to my initial correspondence. I also said that I felt that I was being used as a cash resource due to an innocent mistake on my part. Again, I have received nothing from the Local Authority until today.

 

I explained the above to the Bailiff over the telephone this afternoon, but he told me I have 24 hours to find £265 and if I don't pay it will go up to £320 then £380, etc. until I pay or he'll take my property.

 

I can scrape the money together, but I'm furious that it's come this far. What are my rights and do I have any recourse to claim some of the money back (I accept the first £35, possibly even £70, but no more) if I pay it out tomorrow afternoon?

 

Please can you advise?

 

Thanks.

 

Lynette

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Dont pay a penny until u find out why the council are ignoring you, plus can u prove u paid it on their automated line?

What the bailiff is failing to tell you is he cannot take any of your property without a levy, this would mean gaining access to your house( only if you let him in, DONT!!!) u are well within your right to ask him to leave, if he refuses or try's putting his foot in the door call the police and have him removed.

 

Make sure any cars or outside property is well hidden or moved away from your house so he cannot levy on it.

 

Dont let him bully you either, any threats of arrest or police, forced entry or I'm gunna take your neighbours cat can be ignored as he can do none of it and does not have the authority.

 

Get onto the council go down there if need be and get to the bottom of it as if u have paid it this should of never come

About, take any proof with you, i.e., bank statement.

 

Hope this helps.

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@ploddertom - I wasn't aware the council were ignoring me until my husband rang me at work today to tell me about the letter that had been shoved through the door.

 

@wisejak - The problem is that the payment failed to go through their telephone payment system - I didn't realise until I received the first letter and checked my bank statement. I don't dispute that I owe money - I initially asked if I would still be liable for the extra £35 given that I wasn't aware the payment had failed. Had I received a negative response, I would have paid the £70 on receipt. It's the fact that I've been waiting for a response that never arrived and now I have to pay £265 by tomorrow lunchtime to stop the charges from mounting up further.

 

I can telephone the council in the morning and ask them why they've failed to respond to my letters, but I had a similar situation a few years ago where they claimed they'd never received my correspondence - my husband thinks this will be their excuse again, and I wouldn't bet against him!

 

If I pay the initial £35 to the council in the first instance, can I then put the bailiff off and tell him I'm dealing directly with the local authority? I can tell my husband not to let him into the house and my car is parked at work so he won't find that. He's welcome to take the broken toilet that's in the garden waiting to go to the tip - it's about the only thing outside the house that's removable except our wheelie bins! :-) I just don't want to be liable for even more charges though if I don't pay this demand that he stuck through the door today.

 

EDIT:

 

I'm concerned that the letter posted through the door today states that they haven't received responses to their previous correspondence as this is the first I've heard of Jacobs - or are they referring to the letters from the council?

 

I also forgot to ask about the advice the bailiff gave when I told him I did not have £200 - he advised me to apply to my bank for an overdraft or a small loan. Is it legal to advise somebody to take out more debt to clear a debt?

Edited by LynetteC
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when was the court case?

for bailiffs to be involved there must have been a summons and a court case, if not then the "bailiff" must only be a debt collector, and as such has no powers. You should really go to the council in person, and not talk to them on the phone. Whatever happens do not let the debt collector/bailiff into your house.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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when was the court case?

for bailiffs to be involved there must have been a summons and a court case, if not then the "bailiff" must only be a debt collector, and as such has no powers. You should really go to the council in person, and not talk to them on the phone. Whatever happens do not let the debt collector/bailiff into your house.

 

I have no idea about a Court case. The last correspondence I had was dated 21 June giving me 7 days to pay £105 (by cheque or postal order only!) before the case was transferred to the County Court. The 21 June was a Friday, I received the letter the following Wednesday, 26 June, thus leaving me with only one day's notice - a fact that I raised in my last letter to the council when I requested that they withdraw my case from the County Court and reply to my query regarding whether or not I was liable for the additional £35 due to what could only have been a failure of their payment system. I advised in this letter that I would pay the full £70 if necessary (under protest) but given my previous correspondence that had been ignored, I disputed being responsible for any other additional fees. That was the last I heard and to be honest, it completely slipped my mind when I didn't receive a response.

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when was the court case?

for bailiffs to be involved there must have been a summons and a court case, if not then the "bailiff" must only be a debt collector, and as such has no powers. You should really go to the council in person, and not talk to them on the phone. Whatever happens do not let the debt collector/bailiff into your house.

 

It is largely an automated system. You receive a ticket, it goes unpaid, & eventually is sent to the Traffic Enforcement Centre where a Distress Warrant may be issued to the Council & they in turn pass on to Bailiffs for enforcement.

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UPDATE:

 

I've been in touch with the council and surprise, surprise - they haven't received ANY correspondence from me! I actually found three letters on my computer in respect of this farce, (not two as stated in my original post) dated 15 May, 18 June and 26 June respectively.

 

I've been advised to contact the Traffic Enforcement Centre at Northampton County Court. I was told that I would be asked to provide a Witness Statement and that they would be able to put a hold on the bailiff - is this correct?

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Yes. Usual procedure is that they can email you the relevant forms, you send them back and if received prior to 4pm can be dealt with same day.

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Yes. Usual procedure is that they can email you the relevant forms, you send them back and if received prior to 4pm can be dealt with same day.

 

Thanks ploddertom. You're right - I received an email from them, completed the forms and sent it back with scans of the letters I sent to Hull City Council that were somehow never received. I've also sent a text message to the Bailiff giving notice that I have submitted an Out of Time Witness Statement to Northampton Coint Court and therefore consider the proceedings suspended until further notice. I asked that he confirm receipt but so far have not received anything.

 

My main concern now is that he comes around to my house this evening and slaps a levy on my car. Can he do this?

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I dont know for certain but if proceedings are halted then no i dont think he can but it stop him trying yo bump up his fees. Move ur car away from you house just to be safe .

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Your Bailiff acts on instructions, he will have to wait until TEC contacts your Council, who in turn contact the Bailiff Co, who in turn contact the Bailiff. By having let him know what you have done he may plead ignorance to having received any message and attend just to be bloody minded. As said above move the car etc for 24 hours.

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By having let him know what you have done he may plead ignorance to having received any message and attend just to be bloody minded. As said above move the car etc for 24 hours.

 

This is exactly why I sent a text message instead of telephoning him - I have the evidence on my phone that the message was sent at 12.44 today - right after the email was sent to Northampton Court.

 

How far away do I need to park? He has my registration so what's to stop him walking up and down the street looking for the car if it's not on my driveway?

 

Now I'm getting paranoid! :x

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Dont Panic! Yea u have proof of a text

But he Will still deny it. Move ur car to a relatives or at least 10 mins away if u can. That way he has little chance of finding it.

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Dont Panic! Yea u have proof of a text

But he Will still deny it. Move ur car to a relatives or at least 10 mins away if u can. That way he has little chance of finding it.

 

Better still lock it in a garage - your own, a neighbours or a friend.

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Thanks guys. :-)

 

The car is parked away from home tonight, although I won't say in which direction in case of prying eyes!

 

However, I was thinking on the walk home;

 

1. Wouldn't sticking a levy on a 2009 plate VW Golf estate (worth at least £7k) be considered over-excessive in lieu of a £265 debt? and

2. Could the car be subject of a levy when strictly speaking it belongs to the finance company for another three and a half years or until I make a Final Payment, whichever comes first?

 

Either way, it's not here to be seen tonight. Thanks again for your support and advice.

 

Lynette

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Thanks guys. :-)

 

The car is parked away from home tonight, although I won't say in which direction in case of prying eyes!

 

However, I was thinking on the walk home;

 

1. Wouldn't sticking a levy on a 2009 plate VW Golf estate (worth at least £7k) be considered over-excessive in lieu of a £265 debt? and

2. Could the car be subject of a levy when strictly speaking it belongs to the finance company for another three and a half years or until I make a Final Payment, whichever comes first?

 

Either way, it's not here to be seen tonight. Thanks again for your support and advice.

 

Lynette

 

1 - not if it is the only item that may be seized if you have refused them peaceful entry to your home.

2 - if it is still subject to finance - as long as it is not a bank loan - then you could have left it in place as it is exempt from seizure - however you would have had to have had a copy of the agreement handy to give him as proof.

 

Done the right thing by playing better safe than sorry.

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  • 1 month later...

Following on from my post regarding Hull City Council sending Bailiffs for an unpaid parking ticket and my providing a Witness Statement to Northampton County Court :

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404544-Urgent-advice-required-Bailiff-letter-delivered-today-%28Parking-ticket%29&p=4355752&viewfull=1#post4355752

 

A couple of days ago I received a copy of an Order made on 11 November 2013 addressed to Hull City Council stating:

 

The respondent filed a statutory declaration/witness statement on 1 October 2013.

It is ordered that the order for recovery of unpaid penalty charge be revoked.

It is further ordered that the charge certificate be cancelled.

 

Important note to respondent:

This order does NOT cancel the original Penalty Charge Notice. The Local Authority may well take further action on it. The Local Authority should inform you as soon as possible if it intends to do so.

 

RESULT - This is exactly what I had been asking for in the first place - I had queried being liable for additional charges when I had believed the initial fine paid by automated telephone line.

 

EXCEPT - today I received a further Order made on 18 November 2013, this time addressed to me with a covering letter advising that my application for leave to file a statement has been refused.

 

The wording on the Order is:

 

1. Under Rule 23.8 of the Civil Procedure Rules the Court will deal with the application for leave to file a Statutory Declaration/Witness Statement out of time without an appropriate hearing because the Court does not consider a hearing at Northampton Court would be appropriate.

 

2. The applicaion for leave to file a Statutory Declaration/Witness Statement to be REFUSED

 

Incidentally, the Local Authority objected to my Statement as they claimed to have sent letters that I never received - ironic, considering they claim not to have received any of the three letters I sent to them!

 

So, my question now is - does the fact that my statement has been refused affect the Order revoking the unpaid penalty charge and the charge certificate? Or is this just referring to listing a hearing at Northampton County Court?

 

Any help/advice would be much appreciated, as always.

 

Many thanks.

 

LynetteC

Edited by LynetteC
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better to keep the threads together

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks Jamberson, but it's Northampton Court that have sent these Orders and the covering letter states that they will not be able to advise on why the statement has been refused as the reason is not written into the Court record.

 

I wonder if they accept the statement, would they then have to list a hearing at the Court which the Order states is not considered appropriate?

Edited by LynetteC
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I've been trying to ring the Council from work but

 

 

haven't been able to hold long enough to get through to their Call Centre.

 

 

I'm off work tomorrow, so planned to call in the morning.

 

 

I have attempted to pay the ticket using their online payment facility (it wasn't listed as an option on the back of the original ticket,

which is why I used the telephone line originally) but the ticket number isn't recognised.

 

I've received a letter today from Jacobs Bailiffs advising that they have been instructed by their client to continue action on my my account

and demanding £167.44 in full within 7 days

 

 

- the date of the letter is 26 November,

today is 28 November

theoretically I now have until Tuesday to find this sum.

 

 

However, I have an Order in my posession that states the order for recovery of the unpaid penalty is revoked

and the charge certificate is cancelled.

 

 

Surely that means that all that was outstanding on my account was the original £35?

 

The Order also states

- and I quote -

 

 

"This order does NOT cancel the original Penalty Charge Notice.

The Local Authority may well take further action on it.

The Local Authority should inform you as soon as possible if it intends to do so. (Emphasis is mine).

 

I have received no communication from Hull City Council. This Bailiff's letter is the first instruction I have received.

 

I will be calling the Council in the morning as I'm not at work and cann hold on for as long as it takes to get through.

In the meantime, can anyone advise on the Bailiff's letter, pleasse?

 

Many thanks,

 

LynetteC

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