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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
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      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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Please advice needed - urgent! Multiple unpaid pcns!


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Hi,

 

I am really hoping someone may be able to help me understand what I should be doing.

 

I'll try and be concise ...

 

I currently have 5 local authority PCNS that have now gone to the bailiffs at a cost of £187 each (originally £35)

+ the threatened bailiff charge of £235 on top should they call.

 

Early in the year I was diagnosed with acute depression and anxiety by my GP brought on by a combination of events

, some of which are still continuing today, that ultimately ended up with me being signed off work and eventually having to resign.

 

I don't dispute the fact that these tickets were given for genuine reasons.

 

 

The problem I have/had is that I wasn't able to manage my affairs during this period

and, in turn, did not make representations within the allocated time.

 

I have contacted the council since and explained my predicament and even offered a token payment

but they simply say it is beyond their remit now.

 

 

I tried to explain that when applying for housing benefit, after losing my job,

I was able to backdate my claim for the same very reason that I haven't been able to address these PCNS,

because I wasn't able to manage my affairs

- this is an actual example the council use on their HB forms as to why a person would be able to successfully backdate their claim.

 

They did not really advise me what I could do and then the next thing is that the bailiffs' letters start arriving.

 

If anyone could advise it would be much appreciated as I really don't need this!

 

Thanks

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What you can do is file an Out of Time Witness Statement for each of the PCNs. This is an application to Northampton County Court (also known as TEC) to contest liability for the bailiff charges. You can get the forms from TEC, and I think they can be downloaded from their website.

 

Make sure you use Out of Time forms.

 

On them, you will need to explain why the applications are out of time - which is for the reasons you outlined here. Make sure you explain clearly and enclose whatever evidence you can to back up what you say, eg doctor's notes, employment correspondence or whatever - so they can't fail to understand that you were unable to deal with these (stressful) debts sooner.

 

If this succeeds, you will be back with five PCNs to deal with, just between you and the council, and that throws up either agreements of payment plans or the right to contest them. No bailiff fees will be owing though, which will reduce the amount considerably.

 

Please keep in touch on this forum, or on the bailiff section. Feel free to post up any questions or to check your wordings before you send things off. This process is common, and entirely routine. The challenge is getting the council to understand and believe you - which you can hopefully do. If they reject your applications, then you can take things further, but one step at a time.

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Cool. The forms you need are TE7 and TE9 - one of each for each PCN. I think you can download them and print them out yourself, but have a look at TEC's website.

 

The TE7 is the one where you have to explain why the application is out of time (which it is, since things have got to the bailiff stage). It's very important you spell it out to them so they understand about your condition and so on.

 

The TE9 is just straight-forward filling in of details on the form.

 

Remember, one of each for every PCN.

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  • 4 weeks later...

Hi there,

 

Just an update.

 

 

I downloaded forms as suggested,

posted them recorded delivery (all with the same statement and all in the same envelope).

 

 

One week later I received a letter from the TEC saying that actions on one of the five tickets were to be revoked and cancelled

- also received a letter from the local council the same day demanding the original £70 charge within 28 days.

 

However,

three weeks later I received four letters from the TEC relating to the other tickets.

They point blank refused my appeal on these and also stated that no reason has to be given and that I cannot ask for one!

 

 

The following day, four letters from Jacob's bailiffs on behalf of the council demanding £187 for each ticket within 7 days

or collection activities would commence and cost an extra £235!

How can this make sense!?

 

on the day before Christmas eve I was that angry about this situation that I decided to fire off an email to my local MP

(not the sort of thing that I would normally do or even think of for that matter).

 

 

All of 9 minutes later I received a reply to my amazement.

To cut a long story short I was contacted by phone later that day

and then received an email on Christmas eve from the MP

saying that she was concerned about the issues my email had raised

and she had written to the Chief Executive of the council

and requested that all actions regarding these tickets to be put on hold immediately

until a proper investigation has taken place.

 

 

Wow! I was immensely impressed with the swiftness of her responses and actions, especially considering the time of year.

 

So now I wait again .....

 

Will keep you posted :)

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