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    • 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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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
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Wyre Council using solicitors to pursue debtors for council tax debts


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An interesting story that featured on SCOOP today has caught my attention.

 

The link to the story is below and the article says the following:

 

Council tax dodgers in Wyre could be targeted by a team of specialist lawyers under plans drawn up by town hall bosses.

 

Law firm Greenhalgh Keer has been lined up for a six-month pilot scheme that could see residents who refuse to pay up pursued more aggressively.

 

A report published by Wyre Council’s resources portfolio holder Coun Alan Vincent (pictured), who will make a decision on the plans next week, said chasing up the most persistent offenders is too “time-consuming and costly”.

 

He added: “Unfortunately, the council does not have the in-house resources for anything more than the occasional case.”

 

Wigan-based Greenhalgh, which currently has arrangements with 35 local authorities, specialises in chasing up council tax and business rate debts.

 

The trial scheme, which would cost the council nothing, will “test the water” with a dozen pre-selected cases.

 

http://www.fleetwoodtoday.co.uk/news/law-firm-set-to-chase-council-tax-1-7055615

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The following page from their website is interesting:

 

 

http://www.greenhalghkerr.com/what-we-do/local-authority-debt-collection/nulla-bona-now-what/

"Otherwise known as a “conditional fee agreement”, we charge an hourly rate for work carried out. If we “succeed” on a particular matter, in that a recovery is made, the costs are normally added to the debt and recovered from the debtor. If we are “unsuccessful” in that no recovery is made from the debtor, the costs are written off.

 

Any disbursements incurred are payable no matter what the outcome of the case. Typical disbursements might include court fees, official receivers deposit, process server fees, and advertisement of winding up petitions.

 

All disbursements are recoverable from the debtor and in all cases we will seek to recover disbursements (in addition to costs) from the debtor so that the net result to the authority is that there have been no costs to pay"

 

PS: Taking the 'Attachment of Earnings' debate into consideration (whereby it is 'supposedly' the case that if an account is returned to the local authority by the enforcement agent there is no provision at all for any charges to be applied) it does beg the question....what disbursements and costs are companies like this charging to debtors...and more importantly....which part of the regulations allow these charges????

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Would I be wrong in thinking that if it is deemed necessary to authorise by Law the use of bailiffs to collect debts for CT. then the use of Solicitors should also require a legal framework, not least to establish hourly charges and all their other fees.

 

Also do I understand that they are only using solicitors for the worst non payers [which could include the poorest and/or most vulnerable] and that EAs will continue with the others?

 

At least when bailiffs call at the door, they are more in a position perhaps to notice vulnerability though it seems that some

ignore it.

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Would I be wrong in thinking that if it is deemed necessary to authorise by Law the use of bailiffs to collect debts for CT. then the use of Solicitors should also require a legal framework, not least to establish hourly charges and all their other fees.

 

 

 

It is certainly an interesting scenario and in particular, given the subject of Attachment of Earnings and the 'debt avoidance' contingent who 'believe' that if a person is self employed (and thereby exempt from an AOEO) they can refuse to deal with bailiffs and wait for the debt to be returned to the council and there can be no fees charged.

 

Taking the above press story from this firm of solicitors it would 'appear' that if a debt is returned the local council can simply send the account straight to lawyers and all their charges in attempting to get a Charging Order on the property are payable by the debtor !!!

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