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    • Hi Guys,   Looking for some advice - Lowell claimed against me for old mobile debt - I stupidly thought that I had 33 days after Acknowledgment, as you know this is not right - after recovering from Covid I thought I start my defence today only to read that I might be too late I've just checked on line to find the below - is there anything I can do?   Kind regards   Lushni   Your acknowledgment of service was submitted on 04/01/2021 at 10:48:10 Your acknowledgment of service was received on 04/01/2021 at 12:05:37 A judgment was issued against you on 22/01/2021 at 19:16:12
    • ideally we like to get these fleecing DCA's on the hop when threatened with a set aside and N244 fee payment clawback , some do when confronted immediately do it FOC there and then. but as you've already phoned you might have tipped them off, but then you had no idea when you were talking about now you do.   your call   dob't forget also the damage done to your credit reputation by them raising the claim on an SB debt when they know they shouldn't.   just remember, if you read a good few erudio threads here, they only went for the CCJ as they knew they'd get a guaranteed backdoor one if you'd known about it and defended they would have run away as they always do on these SB'd SLC loan 
    • with regards the card, did you send hoist a CCA request? as for the defaulted date, if a creditor took several months from last payment date to register it, there is most certainly objections to that that can be made should they raise a court claim and these have been successful for us.   as for the OD, again if months or even years have been allowed to elapse before it gets a calling in notice, then again there are objections we've seen and used to very good effect.   send lloyds an SAR and prepared.   the OC would have defaulted these not the DCA debt buyer on or before sale.   where was the Letter of claim and was that simply for the Card debt.    
    • I have the last ever deferment acknowledgement letter from SL ever made and received if that helps.    Rather than call, would it be better in writing? I find them very intimidating on the phone and went to pieces last time after waiting in the queue so long.
    • yes all i know some court fees might be due ie they did take you to court , but it failed did it not..so..
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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

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Just a little extra, if you film him through the letterbox even with a phone to capture any outlandish threats or attempts to exaggerate what he can do, it often comes in handy and it is entirely lawful for a householder to film any visitor to their home.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Outstanding c/tax from last year is £750 plus charges £200, less £450 paid.

 

Estimated auction value of goods levied before auctioneers fees is around £250.

 

even without a breakdown of charges you can see you have been overcharged (what they have charged you will be on breakdown you receive) however at this stage of enforcement the most you bailiff fees can be

 

1st visit £24,50

2nd visit £18

levy fee £47 (on debt of £750)

walking possession fee £12 (if the walking possession is signed )

 

total bailiffs at this stage of enforcement can be no more than £101.50

 

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I can see our account online and can see none of the excess money over the bailiff fees has been paid to the council (yet). However, if I allow the bailiff to call this will be another £180? they can claim (and already have!!).

 

Appreciate any advice as I am ready to call the council now.

Edited by ruth101
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Follow the advice given and do not be fobbed off if they tell you that you have to speak to the bailiff. If they say that, then make sure you get the employeed name and id so you can quote them in a full complaint.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I rang the council who confirmed they had not received any payments from the bailiffs and said they would often put it through as the full amount when it has been fully paid.

 

I said I would prefer to pay them directly and he answered that this could incur charges from the bailiff.

 

It is the only liability order against me and the balance is still showing as £750.

 

When I asked if I could quote he gave me his full name without any problem.

 

I will pay the council directly as everyone suggests and not open the door to anyone I don't know, but what really annoys me is that the balance that should have been paid to the council will be eaten up in creative bailiff charging.

Edited by ruth101
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The charges they make are enshrined in a new book called "Make that another fee" by the Brothers Grimm where each fee is superseded by the the expression "once upon a time". Not sure if it is available on Amazon yet but likely price will be £99-99.

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I did try to ring the bailiff (but took Tom's advice to set the call to record) to see if he would agree a late payment and buy myself some time, but his mobile keeps switching to voicemail - not sure if this is a default setting on witheld numbers, but I'm not giving the little bugger any of my telephone numbers.

 

So I expect a white Bedford or Transit will turn up soon. How much of a nuisance can they make to let all the neighbours know what's happening?

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even without a breakdown of charges you can see you have been overcharged (what they have charged you will be on breakdown you receive) however at this stage of enforcement the most you bailiff fees can be

 

1st visit £24,50

2nd visit £18

levy fee £47 (on debt of £750)

walking possession fee £12 (if the walking possession is signed )

 

total bailiffs at this stage of enforcement can be no more than £101.50

 

 

 

I was charged £47 stat levy, £12 walking possession and £175 enforcement costs, first/second letter fees - £0 no letters sent. Do they have to write first?

 

 

How much are they allowed to charge to attempt to seize goods without gaining entry?

Edited by ruth101
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I was charged £47 stat levy, £12 walking possession and £175 enforcement costs, first/second letter fees - £0 no letters sent. Do they have to write first?

 

 

How much are they allowed to charge to attempt to seize goods without gaining entry?

At the First visit if they get no levy £22.50

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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£175 enforcement costs

 

That unlawful charge seems to be cropping up more and more.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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OK, just thought I'd ask.

 

What charges are now likely to compound and how much are they allowed to charge? Once they've sent a van out can they make further visits/charges ad infinitum?

 

I will write the letter for the breakdown of charges today.

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when your missed payment is flagged up they will send a bailiff (he should be in a vehicle fit for purpose ) to remove goods

they will charge you £180 for this

 

they don't want your goods

 

they want your money its at this stage

 

they will either agree to another payment agreement or tell you they want the reaming balance in full

and if you have to flog your gran or the kids to raise money they don't care they want their money

 

no further charges can be added to your account unless they actually remove goods

did you check to see if he is certificated

 

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

 

I notice you can record calls don't speak to anyone including the council and especially the bailiff firm or the bailiff without recording the calls

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Thanks hallowitch, can they visit when it's got darker, not sure if it's a myth they can't. Is Subday a day off for them/us?

 

Plan A is to not to speak to them when they visit. Do they keep knocking/shouting through the letterbox for ages if they believe someone is in? What's the best way to deal with their visit? I am ready for them since yesterday and I appreciate it will vary greatly, but what is the average time they take to arrange the van etc. They must have their own vans so presumably fairly quickly.

 

So far attempted 9 calls to bailiff using a call recording app and this automatically switches to send a text, which I fear may reveal my number, however, no more attempts as I appreciate it make no difference.

Edited by ruth101
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I wouldn't bother to much about revelling your phone number what's he going to do with it send you some nasty texts make some nasty phone calls any calls or txts of that nature could be sent to the council

 

Bailiffs' can call between 6am and 9pm it really depends on the bailiff on what he will do if you don't answer the door to him (don't do it ) he may shout through the letterbox kick the door etc. he may just put a note through your door saying he has been and charge you the £180 van attendance fee (try and get a recording of everything even the vehicle he comes in )

 

Believe me this really is a paper exercise for the bailiff to get more fees it may not be the same bailiff

 

bailiff firms like to give their bailiffs special titles as in 1st call bailiff ,levy bailiff, enforcement bailiffs they are all the same certificated bailiffs

 

if he comes in a car he wont sent for a van (he doesn't want your goods ) if he comes in a van chances are its the vehicle he normally drives its the fee that important to him at this time

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if the bailiff kicks off as Hallowitch has suggested film his shouting and bawling, as it will be good to prove his unreasonable behaviour later

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Just a thought, but they have levied on a 25 year old three piece suite that's not exactly small. If they turn up in a van that's obviously too small, and we have it on film, can we challenge the validity of the charge?

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Just a thought, but they have levied on a 25 year old three piece suite that's not exactly small. If they turn up in a van that's obviously too small, and we have it on film, can we challenge the validity of the charge?

 

Exactly so, also if you have a smartphone they shoot ok video these days,so you could use that rather than a camcorder, also take a picture of the suite, as if it shows it of little value, then also another nail in the bailiffs coffin as far as his levy is concerned.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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In all honesty I personally would send an e-mail to the leader CEO , MP and every local councillor informing them of whats going on in your area

 

Dear Sir ,

 

It was my misfortune to fall behind with my council tax resulting in bailiffs being sent I understand the use of bailiffs is necessary

However I would expect any Bailiff sent to a property by my local authority to levy distress to have a clear understanding of what currant legislation allows a bailiff to levy and fees to charge

Please find attached a copy of the Notice of seizure left at my property by Bailiff Mr xxx as you can see my sofa has been levied I believe this to be exempt from seizure as its needed to satisfy the basic needs of my family the reaming 2 items are a 20 year old dvd player that cost £30 new the TV again is 20 yrs old therefore of little or no value

and would not cover the cost of bailiff fees let alone the principle debt

I can only assume the levy was made to garnish fees

 

Having said the above regarding the levy on debtors goods the charging of fees not in legislation is of great concern to me as it should be to yourself unlike most debtors I am fully aware of The council tax (Administration and Enforcement) regulations 1992 (Amended) Regulation 45(b) Schedule 5 charges connected with distress therefore know legislation does not allow for an enforcement fee as you can see this has been charged at £175 an extortionate amount of money by any ones standard's and more so if you are in debt already

 

I will be/have made a complaint to the CEO and full expect the fees to be removed however this does not remove the fact that this bailiff is charging fees outside legislation and it would be foolish to think I am the only debtor that has been charged this fee

As a local councillor (MP) I would expect you to take this up with the authority and insist that all debts that are or have been enforced by said bailiff be scrutinised and any fees charged not in legislation (therefore unlawfully charged) be returned to the constituents' you were elected to represent

 

If said bailiff is prolific in charging fees outside legislation I would also expect you to insist that the council either issue a form 5 to his court of certificating or involve the police as outlined by Eric Pickles in his resent Guidance to local councils on the Good practice in collection of council tax arrears

 

A very disgruntled but well informed debtor

Mrs xxxxx

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Slight confession to make.

 

In case my bailiff is an avid follower of CAG (I would be if I was a bailiff), I changed some of the figures to keep anonymous, however, as hallowitch says, what can he do.

 

I have paid £190 so far and as HW says his charge to date should be no more than £101.50 plus another £180 for the van. should I just write to the bailiffs and local councillor (cc the bailiffs or send direct) today with the letter in post 47 and sit it out waiting for it to go back to the council?

Edited by ruth101
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Slight confession to make.

 

In case my bailiff is an avid follower of CAG (I would be if I was a bailiff), I changed some of the figures to keep anonymous, however, as hallowitch says, what can he do.

 

I have paid £190 so far and as HW says his charge to date should be no more than £101.50 plus another £180 for the van. should I just write to the bailiffs and local councillor (cc the bailiffs or send direct) today with the letter in post 47 and sit it out waiting for it to go back to the council?

 

If indeed the bailiff follows CAG then he will know the game is up and should slope off quioetly, as he surely knows it will not end well for him. Incidentally one of the provisions of the Taking control Of goods Act will allow bailiffs to call on Sunday as well.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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