Jump to content


  • Tweets

  • Posts

    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?  
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

I have paid the bailiffs over £2400 - council still asks for it though?!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3743 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Okay so this is a bit messy! Basically (after 3 years) a baliff company send me their breakdown - my payments their charges - they show I did pay them all of my debt AND charges of over £400!!!

However, council still asks for the money and even has set up a commital hearing!!!

 

But I try to explain it quickly:

 

Basically I owe the council a sum of £4019 for council tax 10/11, 11/12, 12/13.

 

I was shocked when I found out the sum!

I had one bailiff company coming to me in 10/11 and the same in 11/12. I used to pay them a lot of money - after paying them all together over 2400£ I stopped as the more I paid the more I owed!

They never provided me with a breakdown nor did the council help me out in this case.

I got into debt for 11-12 and 12-13 , because I was to say at least confused about what is happening with my payments! However I did try to set up a payment plan for 12/13 with a new bailiff company who called me horrible names.

 

I was devasted when I found out that I have 2 commital hearings and that I owe the council over £4000 (well now I know I only owe them max 2000£! but they do not seem to know). My partner however said something cannot be right and so we called the council so they can send us their breakdown of what I owe them and what I pay.

My partner saw then that I made almost no payments according to their papers, however had proof of paying them at least 400£ in 2012/13 which did not show.

 

So I emailed them and they said these payments were calculated in my 2010/11 payments simply because they are the oldest outstanding debts. Fair enough .But that would mean I paid £0 in 3 years!:!: impossible! Thank God I also asked them to ask the bailiff company to send me a breakdown of their charges as they never did and was surprised to see that this time I did receive one! And what did I see there?!!! I paid MY FULL DEBT for 2010/11 and crazy charges of £400!!!:mad2::-x

So my question is:

WHY DO THE COUNCIL DOES NOT KNOW THAT?!?!?!

They must know because Phoenix has the breakdown as they have send it to me!

Plus how can I get those charges back? They charged me stuff like: 250£ van costs and the again 50£ van costs and never picked anything up! and other crazy charges!!

 

The biggest problem is that because of their mistakes I owe the council for 11/12 and 12/13 because at one point I stopped paying as my debt was growing the more I paid whch was ridicioulous!

 

I was advised to write the CEO of the council - which I will do and I have attached the breakdown and evidenve of my payments. But I will be still left with a courts hearing and bailiffs on my neck for this year. So I want him to call all actions off and let me pay my debt off to the council withing 10months with monthly direct debit payments. I think I am quite reasonable here?! They made a fool out of me, messed up my finances, let me miss days of work, stress etc! DO you think he will accpet my offer and cancel my hearing and call of the bailiffs from 2012/2013?

 

Please help me guys! I feel totally confused - but as well happy to be able to proof that I do not owe a penny for 2010/11! Cant undertsand why they still ask me for it and want me to go to court....

So I do own them 2000£ instead of 4000! Which is quite a difference....

Edited by dankat
Link to post
Share on other sites

Do not pay the bailiffs anything, only make payments to the council even if the council says they can't accept the payments because it is in the hands of bailiffs.

 

The council has to accept payments.

 

Now list out properly what the bailiff has charged you with the dates and what the amount is for.

 

It can be a bit quiet on the weekends, but someone will be along to help you.

Link to post
Share on other sites

Thanks for the help!

Here are the charges:

 

Visit fee 1: 24.50 13.09.2010

 

Visit fee 2: 18.00 23.09.2010

Broken arrangement fee: 10 29.12.2010

Payment by D/C: 1 24.12.2010

Payment by DC:1 07.01.2011

Attendance/Van: 250 16.02.2011 (not sure if I ever saw a van!)

Levy fee: 76 16.02.2011

Broken Arrangment 2: 10 25.03.2011

Attandance Van: 50 23.05.2011

Payment by D/C: 1 22.06.2011

Broken Arrangement 2: 10 02.09.2011

 

Total: £ 443.5

 

Total owed: 1883£

Total paid: 2340,5 £

 

Tax year 2010/11

 

Council tax says no payments received. They do not know that I have the full breakdown now that shows that I did pay more than I even should!

Link to post
Share on other sites

Send a copy of that breakdown to the council and tell them that their best mate the bailiff seems to be diddling them as obviously they have taken all the money for themselves

 

What bailiff company is this?

 

Do as Conniff says pay council direct, if they did go for committal that breakdown and proof of payment would hang the council and bailiffs as you are obviously not a refuse to pay

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

Does the bailiff have a levy? have you ever let him in your house to list hoods? Did he leave a Notice of Seizure?

 

I would suspect a Broken Arrangement fee is straight out of the Brothers Grimm Bailiff Fee Guide as amended by Lewiss Caroll, and is unlawful. Other Caggers will no doubt help. If he has a levy list what he has seized to assess what is kosher or halal so to speak.

 

Again what firm of charlatans are you dealing with?

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

I have never let him in to my house!

SO he never made any kind of list.

 

Plus I do not think he ever attended with a van! And I have never heard of a van that costs you 250£ !

 

I would like to have those fees taken off my outstanding council tax - is this even possible?

Link to post
Share on other sites

Visit fee 1: 24.50 13.09.2010 OK valid visit fee

 

Visit fee 2: 18.00 23.09.2010 OK valid visit fee

Broken arrangement fee: 10 29.12.2010 Even if you defaulted no such fee

Payment by D/C: 1 24.12.2010

Payment by DC:1 07.01.2011

Attendance/Van: 250 16.02.2011 (not sure if I ever saw a van!) No levy so no goods to remove with the van so no fee

levylink3.gif fee: 76 16.02.2011 you say he has no levy, so strict proof of what he has seized, it is probably a car yours or a random one, did he leave a Notice of Seizure at the time?

Broken Arrangment 2: 10 25.03.2011 No such fee

Attandance Van: 50 23.05.2011 As above no levy no fee

Payment by D/C: 1 22.06.2011

Broken Arrangement 2: 10 02.09.2011 No such fee

 

Total: £ 443.5

 

you need to put them on strict proof as to levy and fees, then once you have full disclosure a Formal Complaint to Head of Revenues, Council CEO, Leader and MP

 

Again what bailiffs are these? it would help Caggers if you identify which speices of vultures are dealing with you

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

I do not owe a car and he was never inside my flat...and my doormat is still there so no idea what he apparently has taken...

 

Thanks for the breakdown! That is over 300£ that I can claim back I suppose.

 

Will I have to write the council to claim these? Or the bailiff company?

Link to post
Share on other sites

It was Phoenix!

Now I am with Equita - the bailiff at Equita called me names super bad names and told me to get lost (and that is nicely said)

I was however prepeared and recorded the conversation!

So now I have filled in a Form 4 and send it to court regarding this bailiff.

I feel that all those bailiff companies totally got out of hand. I just have enough of being called names and miss out work...

Link to post
Share on other sites

It was Phoenix!

Now I am with Equita - the bailiff at Equita called me names super bad names and told me to get lost (and that is nicely said)

I was however prepeared and recorded the conversation!

So now I have filled in a Form 4 and send it to court regarding this bailiff.

I feel that all those bailiff companies totally got out of hand. I just have enough of being called names and miss out work...

 

Hang fire on that Form 4 for now, the bailiff company will pervert the hearing into litigation, better to let other Caggers have a look and advise further options first.

 

send a transcript of the recording in a Formal Complaint to CEO and leader and your MP keep the original recording safe.

 

Equita are known for upfront fee fraud.

Edited by brassnecked

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

Regarding my previous question:

Shall I write the council and demand the unlawfull fees to be taken off my current debt?

Or do I need to talk to Phoenix?

You need to put Phoenix on strict proof of what they have levied, if they haven't been in your flat, and you don't HAVE A CAR, thy will probably claim to have a levy on a car unknown to you, in which case the levy a nd all associated fees are void, you then do that Formal Complaint to the council;and incluse ib it you are aggrieved that the council are going for a commital when you have paid their agent the bailiff wpo obviously has taken ALL the payments for their by now proven dodgy unlawful fees, reminf the council they are 100% liable jointly and severally for and with the bailiff for any unlawful actions, and ccopy to MP

 

Hopefully tomtubby and ploddertom will look in as they know much more.

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

okay! thanks for this!

So I guess I will write Phoenix now and ask them what they have levied in this case and wait for an answer.

Already found the MPs email and the CEOs of the council - will send them the recordings I made when being called all those wonderful names.

Link to post
Share on other sites

I guess I will write Phoenix now and ask them what they have levied in this case and wait for an answer.

 

 

 

 

NO you e-mail/write (recoded deliver) to the council and ask them to provide a copy of the notice of seizure listing the goods there agents (Phoenix bailiff) levied on there behalf against this debt

 

 

you send a copy of the e-mail/ letter to Phoenix

Link to post
Share on other sites

I think the first thing you need to do is sit down and have a cup of tea and take a few deep breaths.

You're running on adrenaline at the moment and quite likely to fire off emails and do letters that don't make sense send them and may b**ger up the situation. I know I've done it and made everything worse.

 

Get everything down on paper or on a spreadsheet if you're computer literate to see exactly where you are. Write draft letters and emails and then with the help from the brilliant people here they'll guide you in which order to proceed.

 

As the saying goes :- More Haste, Less Speed. The faster you try to do something, the more likely you are to make mistakes that make you take longer than it would had you planned it.

Link to post
Share on other sites

You also need other information so we can look at the bigger picture. You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

:smile: the cup of tea helped!

I will take it step by step:

 

When sending the email to the Council about a listing of seizured items, should I mention that Phoenix has overcharged me and that they never took any of my belongigs?

 

Or just ask for the listing without giving them a reason why I need it? (for now)

 

Many Many Many Thanks!:-):oops:

Link to post
Share on other sites

The cup of tea helped but you;re still on the run before walk. You're not taking anything in,

 

Now flipping forget about sending anything until at least Tuesday.

 

Spend the rest of the weekend sorting out all the paperwork you have and start marrying them all up.

 

Ploddertom has asked some very relevant questions so on Monday the first thing you do is get every one of those answered and then come back on here and let us all know what the answers are.

 

Until you know them you are to put it politely effed.

 

Answer any questions you are asked on here fully and then the picture is finished with all the delicacy needed.

x

NM

Link to post
Share on other sites

Do as ploddertom suggests, bailiffs will not call on Sunday, and the information he has asked you to get from the council is what I meant by strict proof, once you have that things can be moved forward. it is possible Phoenix had money and neglected to pay the council, then they were kicked off and Equita replaced them.

 

The threat of committal was it from Equita or the council? Equita have no legal authority to apply for a commital to prison. Step back chill over Sunday then look again.

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...