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    • Thanks for your advice. They didn't really reduce her bill when putting her on the rolling contract. She's emailed BT to complain as well about £800 fee. She will have to check where she stands with her mobile contract given she is still paying each month as she still needs to have a mobile phone for emergencies. A lesson on how careful you have to be when changing providers
    • forget CAB you might as well phone bt back as thats about as useless as they'll be.   you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means.   what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new 24mts contract.   she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the raining months of the contract.   the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do.   rock and a hard place if she wants to keep the same mobile number.   Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it.   as for the £800 bill simply ignore them. they'll sell the debt on  and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.        
    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • 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
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    • 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
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I had a visit from a Bristow & Sutor Bailiff this morning regarding outstanding Council Tax.

 

 

He said he wanted me to come up with £200 by tomorrow morning or he would remove my goods.

 

 

I said I could not afford that amount and

 

 

he said that I should borrow it from someone.

 

 

I politely told him he would not be allowed entry to my home

to which his reply was he does not need my permission to enter my house a

s the law has changed and it is a criminal offence to obstruct a bailiff and

 

 

I would be arrested if I did not let him come in to remove goods.

 

 

What I would like to know is, is this true?

 

 

I have small Children in the house which he was aware of.

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Hello welcome to CAG, others with plenty more knowledge in this area will be able to give you

better constructive advice on this.

 

However, DO NOT open the door to them again!

 

Which LA (council) is this?

 

Whilst it is an offence to obstruct a bailiff, or court officer, I strongly doubt by not allowing them peaceful entry into you home would warrant you

committing obstruction, after all I've never met an honest bailiff yet!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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OK this is not my area of expertise, in fact I'm not an expert in anything really!

So there will be plenty of others who will see this throughout the day/weekend who will give you better advice.

 

Have you spoken to your LA to have them take this back off the bailiffs and set up a payment plan?

Do you pay over 10 or 12 months?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They refused to take it back from the bailiffs when I previously asked. I'm going to ask them again in writing and keep copies and logs of all correspondence. I pay Council Tax in 10 monthly installments.

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You know you can spread it over twelve months?

 

Get onto your local MP, councillors and inform them that the council is unwilling to assist you in paying them.

Not only that, they have added to your financial difficulties by using these bailiffs who will have added their extortionate fees.

 

https://www.writetothem.com/

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Do you know how the Liability Order was for? Did you receive a Notice of Enforcement from B&S before they visited? What are your current circumstances?

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It is in both mine and my Husbands name.

I do not work due to having small Children and my Husband is Self Employed so his wages are never the same.

I did receive a notice of enforcement before they visited but I explained to them we could not afford what they were asking which was £240 per week.

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well they certainly CANNOT force entry nor arrest you.

 

 

usual B&S from B&S

 

 

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 will probably need to write a letter of complaint to the Council pointing out the ridiculous demands from their Bailiffs and that because of this you will not deal with them. You make an offer of £xxx per week or month once the matter has been returned to the Council. Whatever figure you decide on I would suggest you put to one side each period so that you then have a lump sum that can be paid. If Bailiffs are going to demand impossible sums then I do not see why you have to deal with them, some of this is of course the Councils fault as they will be dictating how long they have to collect. This may well be dictated from central government but of course as we all know they do live in the real world. It may be worth contacting your local Councillor(s) to reinforce your points.

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Thank you everyone for the great advice.

The Bailiff said he would be back tomorrow to collect payment or remove goods. I shall not answer the door to him and also write to the Council and go there in person. I take full responsibility and accept the debt has to be paid but like normal people we sometimes struggle. His attitude was disgraceful from the start and also his intimidation tactics did not work with me.

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He has no automatic right of entry & it would be a seriously bad idea to let him in. Speak to him through the letter box or an upstairs window and try to record the conversation. If you have a vehicle outside make sure it is moved as it will become a target & even if on finance he will try it on.

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I would never let any bailiff in he was just trying his luck and soon realised I do not take kindly to being bullied.

I was concerned that he said he didn't need my permission to enter my house as I have 3 young Children and would hate for them to witness a complete stranger coming in and seizing goods.

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Andrew Rose, the MD of Bristols & Stupid also reads these threads. Yet another tale of Bull & Bluster from one of his 'Enforcement Agents'. Bristols & Stupid's training really can't be up to much, if there's any training at all. chinny.gif

 

 

The Enforcement agent lied by stating that he had...

 

A) A right of entry to the property. And

B) Had a right to force entry if necessary.

 

Which is a clear breach of the Taking Control Of Goods: National Standards 2014 Section 20.

 

Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to;

 

Falsely implying or stating that action can or will be taken when legally it cannot be taken by that agent

Falsely implying or stating that a particular course of action will ensue before it is possible to know whether such action would be permissible .

 

While the EA does have a right of peaceful entry, this can only be through an open or unlocked door. They are no longer allowed to climb over fences etc or in through open windows. And most certainly do not (if peaceful entry has not already been gained) have a right to use any manner of force (or a locksmith) to gain entry to your property. (Different options are available to the EA for fines).

 

If the police do attend, they will attend only to ensure that there is not a breach of the peace and won't be there to arrest you for not letting a liar into your house. If you do not answer your door, you have committed no offences and the peace cannot be breached by you.

 

 

Come on Andy.... Sort out your training and your EA's. Allowing them to lie to people (or at least attempt to hoodwink them) doesn't do you, your company or your industry any favours at all.

  • Confused 1

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Further to this, it probably wouldn't hurt to remind the council (when you ask them again to take the debt back) that they are wholly responsible for the actions of their agents. So if the EA breaches the law or regulations, then by extension, so to do the council.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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If he returns issuing the same threats film hium through the letterbox, and show the footage to your local councillor, and tell the councillor their bailiffs are breaking the rules in a very serious way, and the council are 100% liable jointly and severally with the bailiff foir any unlawful act or claim.

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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!

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