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    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
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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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