Jump to content


  • Tweets

  • Posts

    • What is the name of the window cleaning business? Have you taken photographs of the dirty windows et cetera?
    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 33 replies

Please note that this topic has not had any new posts for the last 2232 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

Hi all,

I hope you can help with situation that I find myself in within the last 48 hours

and of course I can try and support with what I have learnt in recent days if it helps. Sorry for the long mail!

I had a call from HCEO on Tuesday identifying himself and asking if I knew a particular person.

He caught me on the back foot and I did not know the name.

He proceeded by saying next steps would be taken, I had no idea what he was talking about,

the name and what next steps meant even though I asked several times.

I immediately googled the name and it is someone I recognize, a consultant who operated on me 7 years ago.

 

I contacted her and spoke to the consultants secretary who outlined that since my operation fees have not been paid by Bupa.

They had tried to get ahold of me a while after their invoices were rejected by Bupa

but I had moved home and I have a different contact number.

 

They proceeded with action and the company they instructed (Control Accounts) did the same,

try and contact me by post and calls but obviously got the same response as the consultant.

They then passed my debt through to the County Court who once again did the same and

as of last July issued a CCJ against me.

The case was then taken to the High Cour tand this brings me up to this week and the HCEO.

 

I have contacted the consultants and explained and said I would call Bupa and understand what has happened.

The consultants are actually sorry it has got this far but my issue is to contain and manage the HCEO right now.

 

Bupa are not taking any responsibility and referred me to my old company

TBH I can take it up with them after I contain the current process I face.

I had a authorization number from Bupa,

my procedure took place a month after I was made redundant from my old job

at no stage was I notified my cover would stop as well as the consultants not being notified by Bupa.

My policy was supposed to run from April - April but the company cut it in Dec.

this has become a separate issue.

 

I spoke with the HCEO and I have given them my new contact details inc address which they now have anyway.

They said they would resend the letter of execution within the next couple of days and of course start the process from there.

I am faced with a bill that was c£900 + to a bill which is now c£1800.

 

Having read advice,

spoke with National debt line and CAB

hey have advised I seek a N244 or N245 as I do not have the cash to pay this.

I have also spoken with the court that has the writ and they explained that the N244 form is what I need????

The CCJ is another matter and is with Salford court.

I am a little confused having spoken to many people within the last 48 hours.

I guess what I want to do is stop the Writ and therefore stop the HCEO action arriving at my door.

Be given the chance to explain that the process has got so far down the line with me only being looped in now.

Pay the money but outlay over instalments whilst I argue the case with Bupa and my old company.

And finally take the CCJ off as this is something that I was unaware of until this week on

this really concerns me as I will be taking steps to start a family and eventually have savings for a house!This will ruin it all!

 

It is stressful and anybody that has been in a similar situation will know and hopefully be able to advice

and help me manage and contain this matter.

PS I am trying to work with the Consultants and I do understand their perspective

so hence I shall pay for the operation but it is a lot of money to outlay in 1 hit.

 

Thank you all

Edited by Andyorch
Paragraphs added
Link to post
Share on other sites

Thread moved to the appropriate forum

 

Regards

 

Andy

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 The National Consumer Service

 

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

Link to post
Share on other sites

I'm a little confused.

 

From what you say it sounds like the HCEO will issue a new Notice of Enforcement which will give you 7 clear days to make a payment arrangement with them. I would imagine the HCEO fees will be reduced back to the Compliance Stage which is just £90. If you are in a position to pay by instalments it would make sense to try and arrange that now.

 

Did they visit an address that you no longer live at?

Link to post
Share on other sites

Hi thanks for your reply ;-)

 

You are correct they have taken back to the stage of issuing a new HCEO. However I have offered to pay in instalments but they will only discuss once the HCEO arrives and discusses with me 121 in my property which I have been advised to not let them enter. I want to stop the action and deal with the courts in terms of payments and discuss the CCJ. Hope that helps to understand the situation better. thank you again

Link to post
Share on other sites

Sorry I skim read your post. As you weren't aware of the CCJ you could apply to have it set aside using the form N244 but this costs £155 so you should consider the costs if you do owe the money.

 

You will need to act fast though.

 

The reason the HCEO will visit is to take control of goods and secure them against the debt. This is his duty under the Writ that has been issued. Unfortunately, it will add a further fee of £190 plus VAT and 7.5% of the debt above £1000 plus VAT.

Link to post
Share on other sites

I also note that you have posted on another bailiff help forum.

 

Whilst the owner Jxxxn Bxxxxxxn may warn of advice on here, he is incorrect in many of the points he has stated as usual and will no doubt ask you to pay him via his wife's Paypal account to write letters for you.

 

As I have already mentioned, if you did not know about the judgment due to an address change you can apply to have it set aside.

Edited by ploddertom
Name edited
Link to post
Share on other sites
Hi thanks for your reply ;-)

 

You are correct they have taken back to the stage of issuing a new HCEO. However I have offered to pay in instalments but they will only discuss once the HCEO arrives and discusses with me 121 in my property which I have been advised to not let them enter. I want to stop the action and deal with the courts in terms of payments and discuss the CCJ. Hope that helps to understand the situation better. thank you again

 

Taking aside whether or not you want to go through as set aside application ...you need to be aware that the reason why the enforcement agent is stating that he will only consider a repayment proposal if he comes to your property is because the new bailiff regulations provide that if you fail to pay the amount owed in full during the time period outlined in the Notice of Enforcement or you have requested to pay by instalments then in every case the Enforcement Agent is obliged to attend the premises personally on behalf of the creditor in order to ‘secure’ the debt.

 

This attendance is charged at £190 plus 7.5% of the sums to be recovered over £1,000, plus VAT. For example, if the outstanding debt was £2,000, the 7.5% would only be charged on £1,000.

 

PS: If I was in the same position as you I would be applying for a set aside as I would not want to have an adverse entry on my credit rating.

Link to post
Share on other sites

That's a good point that Bailiff Advice raises regarding the adverse credit rating. Given this it would make sense to make an application to set aside the judgment to avoid credit issues in future. The application should be on the grounds that you were not aware of the proceedings issued against you.

 

If judgment is set aside but it turns out that you do owe the sums demanded then you should be able to make a payment arrangement directly with the creditor.

Link to post
Share on other sites

Indeed the way forward for you is an application to set aside using the N244 but MOST IMPORTANT is to make an application for an interim stay of execution pending a decision to the set aside application. We always suggest you take the N244 to your local Court if they are a High Court District Registry, some Courts will take a duel application, others will ask for two applications (1 for stay + 1 for set aside) Either way, by taking the application in person you can explain the urgency of the stay, often it is the case there is a 'spare' Judge who can hear the application there and then which gets it rubber stamped and the HCEO once advised the stay is in place will have to bow down until the set aside is heard and a decision is reached.

 

Where you go and from whom you take guidance is of course your decision, however, that said you really do need to pay heed to HCEO's advice.

 

If the ccj is in dispute, then by setting that judgment aside it gives you the opportunity to enter into dialogue with the creditor or through the mediation service (which is exactly where a Court would be likely to direct it) to try and resolve the matter without the Courts intervention.

 

If you need any help with the N244 then please ask, Cag has members who are extremely well versed in High Court matters and will be able to guide you through all the various stages to get your problem sorted.

Link to post
Share on other sites

Have to say I actually disagree with some of the advice offered above providing my interpretation of events is correct. From what I read the OP had an operation that BUPA were going to pay but unfortunately before this took place they ceased working for the Company who provided medical cover. To me this says that the OP is the one responsible for payment of the bill. If Set Aside was to be applied for I suspect they would just be substituting one CCJ for another, lost the £155 application fee & run the risk of incurring costs from the Creditor for attending on the day.

 

However this still leaves the HCEO to deal with and in this case may be better submitting N245 (£50) to obtain a Variation Order & N244 (£155) to apply for a Stay of Execution which if granted halts all further Enforcement action & charges.

 

When was the CCJ obtained?

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

surely yes this has got to be a variation order etc

 

 

serving claimforms etc to the wrong address

when the debtor did not inform their creditors of the correct address

rarely succeeds as a set aside reason alone.

esp as theres no defence to the org claim that appears available.

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... 

Link to post
Share on other sites

Surely he would be able to get a set aside as he was not responsible for the bill at the time of the operation,

as he had an authorisation code from Bupa!

so surely it should have been Bupa or his old company in the dock for the ccj, an not the OP

 

Leakie

Link to post
Share on other sites
Surely he would be able to get a set aside as he was not responsible for the bill at the time of the operation,

as he had an authorisation code from Bupa!

so surely it should have been Bupa or his old company in the dock for the ccj, an not the OP

 

Leakie

 

Not quite as clear cut as that as at the time the op was carried out the OP no longer worked for the company that paid the medical cover.

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites
Not quite as clear cut as that as at the time the op was carried out the OP no longer worked for the company that paid the medical cover.

 

I understand,

but surely Bupa or his old company should have informed the consultants or the Op that the authorisation had been cancelled,

just playing devils advocact here

Link to post
Share on other sites
I understand,

but surely Bupa or his old company should have informed the consultants or the Op that the authorisation had been cancelled,

just playing devils advocact here

 

Depends on when the authorisation was originally given & what for. There does appear to be a lot we don't know here not helped by the OP disappearing both here & elsewhere.

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

 

[sIGPIC][/sIGPIC]

 

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...