Jump to content



  • Tweets

  • Posts

    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
  • Our picks

    • 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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Please note that this topic has not had any new posts for the last 2340 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites
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

 

Link to post
Share on other sites

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
update
Link to post
Share on other sites

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..

 

 

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

:D

Link to post
Share on other sites

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
Link to post
Share on other sites

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.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

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?

Link to post
Share on other sites
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
add notes
Link to post
Share on other sites
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.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites
£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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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
addition
Link to post
Share on other sites

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

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites

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?

Link to post
Share on other sites
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.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites

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

Link to post
Share on other sites

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
add
Link to post
Share on other sites
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.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...