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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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So, got home this evening to be told by my wife the council have instructed Bailiffs for unpaid council tax.

 

The background to this is we were claiming housing and council tax benefit from 2010-2013.

 

 

The council decided we weren't entitled to what they had paid us for the period 2011-13 last year,

even though we supplied them with evidence of income each year we claimed and they approved our claim.

 

 

So, they demanded £25k from us in unpaid council tax and benefits paid.

This is in dispute, we were on our arses and entitled IMHO and I sent them over 100 pages of evidence to this effect around August last year.

 

We have, as yet, heard nothing about this.

We were contacted about the outstanding council tax last Oct and

I rang the council and explained it was in dispute.

 

 

They explained that the benefits is a separate issue but they would put the matter on hold until such time as it was resolved, we have heard nothing since.

 

Today, my wife thought maybe she should ring the council to find out what was happening.

She was directed to ring another number which turned out to be the Bailiffs.

They have reviewed our income and expenditure form, which I sent to the council,

which showed we could afford £100 a month, but they insist on £300 a month, no less.

 

We have been charged over £1000 for the privilege of having this referred to the Bailiffs.

 

Any help/advice massively appreciated!!

 

The council is Dorset County Council

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Are you classed as vulnerable under the national standards, if so, tell the council this and supply them and the bailiffs with evidence. Until then under the LO that was granted, the bailiffs will still continue to call. Just make sur eyou keep any cars parked a good 5-10 min walk away and hidden, and keep all windows and doors locked.

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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moved to the bailiff forum.

 

 

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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Are you classed as vulnerable under the national standards, if so, tell the council this and supply them and the bailiffs with evidence. Until then under the LO that was granted, the bailiffs will still continue to call. Just make sur eyou keep any cars parked a good 5-10 min walk away and hidden, and keep all windows and doors locked.

 

 

I've got a car that is on HP, so I don't think they can have that, and then a bit of an old classic that I will be 'selling' to my dad and will go to their house.

 

The Bailiffs haven't actually called at all, my wife called them after ringing the council to see what was happening with our case. We have had no notification from the council this was going to happen and nothing from the bailiffs.

 

I would doubt we're classed as vulnerable

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moved to the bailiff forum.

 

 

dx

 

I put it in the other forum because the original problem was with council tax.

 

 

I am just astonished and appalled that a council can behave like this and not even tell you.

 

 

The last I heard they told me the matter was on hold until they had looked into our benefits case.

 

 

To use a well worn phrase, it's like living in a police state,

I just can't believe a Government body can be allowed to do this to people and not even tell them.

 

 

I at least expected it to go to court and have my chance to put my argument forward.

As it is their seems to be no recourse, no complaint, just take it.

 

 

I've served my country for 25 years and this is how they repay me.

What was it all for?

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I put it in the other forum because the original problem was with council tax. I am just astonished and appalled that a council can behave like this and not even tell you. The last I heard they told me the matter was on hold until they had looked into our benefits case. To use a well worn phrase, it's like living in a police state, I just can't believe a Government body can be allowed to do this to people and not even tell them. I at least expected it to go to court and have my chance to put my argument forward. As it is their seems to be no recourse, no complaint, just take it. I've served my country for 25 years and this is how they repay me. What was it all for?

 

This debt is for overpayment of council tax and HB and you will need to take the matter up with the council as to why you had not received prior notification.

 

On the matter of bailiffs you say that you have not received anything from the bailiff company. You also state in the opening line of your initial post that you wife advised you that bailiffs has been instructed. Did you wife receive a letter or maybe a phone call?

 

You should have received a Notice of Enforcement. I note that the bailiff rejected your offer of £100 per month and instead require £300 per month. The fact of the matter is that if you had provided an Income & Expenditure then you can pay what you can afford. You need to email the company to advise them that you cannot afford to pay any more and in your email you must advise them that you have a car but that this is subject to Hire Purchase.

 

Have you received a breakdown of the fees that are being charged?

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Thanks for the quick responses

 

as above, my wife happened to ring the council to find out why we had heard nothing. She was given another number to ring, which she did, and it turned out that was the Bailiffs. That's the first we had heard of it going to them.

 

We have received nothing from them in writing. I have a day off tuesday so will ring them and one of the things I will be asking for is a written breakdown of the costs because at the moment the amount doesn't even add up to being the same as anything we are aware of.

 

Are there any other pertinent questions I should be asking when I ring them?

 

TBH filing for banktrupcy is starting to look an attractive option!!

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can they take the kids toys?

 

random question I know, but it's one of the things that really bothers me. I can stand losing my stuff, but seeing the kids as their toys are taken away will be pretty upsetting

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no they cant.

 

 

don't be too afraid of what the bailiffs can do.

 

 

they've no right of forced entry or anything

you don't 'have' to let them in at all no matter what they say.

 

 

might be an idea to plead to the council to take it back in house

but I doubt that

unless there are any vulnerability issues within the household?

 

 

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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They wont take the kids toys.

 

Whatever happens never let them into your home. If they can't get in they can't list goods.

 

Simply deal with the Council only. Never let the bailiffs into your home, ever.

 

Read the guidelines i gave in an earlier post.

 

Don't be bullied. The Council must accept a reasonable payment plan, and must deal with you fairly. And they must take the matter back from the bailiffs if you can make a reasonable offer, but you will have to keep to it, so make sure it is affordable.

 

Use the councils complaints procedures, and quote the relevant sections of the guidelines i have supplied. You will be surprised that many council officers are not aware of the latest guidelines.

 

Remind the Council that, should you have to forward your complaint to the local authority ombudsman, they will take the guidelines into consideration when dealing with the complaint.

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I actually think the officer concerned has started to take it personally.

 

They sent me a letter asking me for a full sent of accounts and proof that I was a director, of my Army regiment!! I then rang up and spoke to an extraordinarily obstructive and useless individual. This was on top of the over 70 letters they had sent over a three year period, most of which contradicted each other and most of which were largely unitelligeable, so the next time I wrote in to the chief, I told him his department was a shambles and a disgrace. That was when the trouble started!

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Have just read through the whole thread.

 

Ask the council for their complaints procedure. You may be able to download one from their website, but not always.

 

 

Make a formal complaint to the council, if you get no joy go to the local authority ombudsman.

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I'm thinking about my MP as well, he was surprisingly useful when we had problems with my wife's visa (she's from outside the EU) and saved us an awful lot of trouble and expense. Never thought I would say a good thing about an MP, but he was bloody good!!

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cant you get one of the forces charities involved in this.

 

 

they have lots of clout

 

 

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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You say that there have been around 70 letters between you and the council regarding this matter so clearly there is a lot of background and dispute. It has now come to the position where bailiffs are involved.

 

The truth of the matter is given the amount of the debt, a bailiff would not be interested in your household items. In fact, the new regulations that came into effect on 6th April made better provision for 'exempt' items (and most certainly toys and children's goods are exempt). What the bailiff will be looking to take control of is a motor vehicle. Alternatively the bailiff would be wanting to set up a payment plan.

 

Do either of you own a car and are they subject to finance?

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my own car has been dealt with. the other is on finance so they should be ok. we live in a rented house, so in essence, other than my telly, there doesn't seem to be much going for the bailiffs trying to sell my stuff!

 

the 70 letters goes back to since before the claim started and are details of what we are entitled to and then latterly (the last year) saying we weren't entitled after all. This despite the fact hat at the end of every tax year I sent them copies of my personal accounts and each year they sent me extra money because I had deliberately underestimated my income, on the basis that I would rather they owed me money than the other way round.

 

In Oct I sent them all that information again, and a covering letter. In total there was over 100 pages of information I sent to them, so they can hardly say I haven't entered into a dialogue with them!

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what actions can the council take? they have told my wife they can inform our employer and take money direct from pay. I believe they can only do this with a court order and as a last resort.

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They can use an AOE as part of collecting money, and as part of the LO. it isnt a last resort and some councils actually use this before bailiffs if they know you are employed.

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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what actions can the council take? they have told my wife they can inform our employer and take money direct from pay. I believe they can only do this with a court order and as a last resort.

 

The council do not need a court order for an Attachment of Earnings Order for council tax arrears. The statutory regulations allow the local authority to apply for an attachment of earnings order. Depending on your wife's net pay an AEO is very likely to be the most sensible solution to this large debt.

 

Have the local authority or bailiff company requested details of your wife's employment? This would be the first step and this would be followed by the local authority completing a statutory form that is then formally served on your wife's employer.

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Have had similar issue myself in the past.

 

Raise a formal complaint against the Council for their actions.

 

Read this document on the new guidelines for the council it may be of some help.

 

The Local Authority Guidance is excellent but sadly is very much ignored.

 

The Taking Control of Goods: National Standards 2014 carries more authority but is in the course of being amended and various workshops and meetings are currently taking place regarding suggested changes. The revised Standards should hopefully be released in Feb/March and a major improvement is that they will carry an endorsement from all Stakeholder (and others).

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