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    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CATALOGUE   When did you enter into the original agreement before or after April 2007 ? AFTER 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
    • So many memories of listening to his tracks when I was younger, also making me feel rather old as well
    • whoever said send an sar to the fleecers or their dogs, waste of time, thats what CCA/CPR does.   you should NEVER EVER be sending ANY covering letter to anyone that tips them off how you might later defend a claim you've been here far to long to now be making such schoolboy mistakes ALWAYS check with us before you do anything!.   can you get that link done please?   WHEN you have done that we will advise your next steps.   your defence will be our generic one slightly adapted which is in just about every 'CAT claimform' thread here.   use our enhanced google search box.   you dont file anything with a defence disclosure come at the witness statement stage IF IF IF it ever gets that far.   i strongly suggest you go read a few 10's of cat claimform threads here so you know what is to come, how to react, and the various stages of the court claim. please other than filing out our link, dont ever do anything more without checking here FIRST but DO NOT ever miss your defence filing date which we dont even know yet!!          
    • @dx100uk   I have filled everything  I can online against the claim apart from my defence yet. I still have a few weeks for this. I am defending the whole claim.   I filled out another CCA form and a CPR 31.14 to Overdales and sent this recorded last week with a covering letter. I also did a SAR to Lowells which haven't even signed for the letter looking at the RM tracker.   Overdales wrote to me today sending me copies of the same S78 as shown in #6 post above. (if you wouldn't mind taking another look and seeing if they have sent enough or is something missing?)   In the covering letter I told them that the only information they have supplied is copies of a digitally signed agreement with Very and a copy of the T&C relating to that. I am missing things like notice of assignment, default notice and any copies of statements relating to the account. I also mentioned that they claim over £3000 on a littlewoods account and haven't supplied any information relating to this account at all.   So they ignored all that and just sent me the same files as last time and have told me they won't discuss the account anymore only to arrange payment or take it to court.   So it looks like the court route.   I can defend the claim online upto 1000 words can you submit documentation to the court as evidence e.g attachments or would this be done in person on the day or write to them with the documentation?
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Equita -- pre-loaded charges in 2012 CTAX LO - can I reclaim???


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Looking through old papers ........

 

Back in 2013, council passed liability order of £642 to equita. I paid Equita £1039 within 3 months. I understand this was when they pre-loaded costs to the account.

 

The repayments were arranged and paid for over the phone. By they did say they MAY Send someone out to do what was then the walking possession order ...... But that never happened.

 

Ilooking back, I paid almost £400 in fees/charges 😱😱😱 I just wanted the debt cleared.

 

Would I be able to challenge those charges .... Or is it best just forgotten ...... As always any thoughts / comments most welcome

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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In my view you can still pursue this. You are going to have to ask them for a complete breakdown of the fees on the account. They may well try & argue there is a Data protection issue but there is not. Here's an example of a letter you could send them - adjust to your own needs.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

You can probably delete the references to the Bailiffs' Certification.

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Knowing Equita - they are very evasive - I wouldn't put it passed them to say they no longer have any records, but we'll cross that bridge when or if it happens. The Council are also responsible for the actions & charges their contractors take. You can also ask them similar questions. - like these:

 

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

Do you happen to know if your Council use Capita for some of their back office functions. You can always send your communications initially by email to both Bailiffs & Council backed up with a hard copy sent by post.

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thanks Ploddertom.

 

 

I will write as suggested and see what they come back with.. It was only the one .. As detailed above, but when looking back at how much I paid .. It was extortionate 😱

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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The charges should have been:

1st Visit - £24-50

2nd Visit - £18-00

The game changes however when they could have seized some goods - possibly a car. Chances are they will have been claiming this. But lets wait & see what they come back with.

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thanks Ploddertom, I now have reference number and date the council passed to equita so will write to them and update post when I receive a response.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Ok, reply received this morning from Equita

 

Fees are.

1st visit. £24.50

2nd visit. £18.00

Levy fee. £45.00

Enforcement fee. £100.00

Giro book fee. £11.64

Card payment fee. £3.00

 

back in 2013, under the old fee regime, am I correct in thinking the levy could only be charged if they actually visited your home and entered and did a walking possession order?.

 

Also what would the enforcement fee have been for back in 2013.. Could they charge an enforcement fee if they hadn't done a levy??

 

That certainly never happened. I think the £45 and £100 were "pre-loaded" charges??

 

They go on to say for any further queries need to be directed back to their client, ie the council?

 

any thoughts?????

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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They are correct in that the Council are indeed responsible for the actions of their contractors but it sounds as if they are trying to wriggle out of their own responsibilities.

 

Have they given you dates on which the above fees were made? You will need these to go further. In the meantime you need to know from them what goods were levied for them to charge the Levy Fee - you should have been given a copy of the form which should list exactly the goods seized. You also need to know what exactly the Enforcement Fee was that they have charged. Lastly ask them which Regulation permits them to charge a Giro Book Fee & Card Payment Fee.

 

Please note Equita had form for pre-loading all charges prior to anyone calling at your door.

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Hi Ploddertom

 

Thank you for your reply.

 

I've certainly never seen any copy of any levy, nor have I ever signed anything and confirm that they never set foot in the house to perform a levy.

 

I will write again .. As no dates were given. I'll also ask the question regarding the other fees and post back again when I get another reply.

 

i got a breakdown from the council of the payments Equita made to them and they are a good time after I made the payments to Equita ... They obviously hold onto your money as long as possible😱

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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They go on to say for any further queries need to be directed back to their client, ie the council?

 

Just a word of caution, quite a few local authorities outsource their entire council tax recovery department to a firm called Capita. It would be wise to find out if they administer your local authorities council tax department . The reason being that that Capita own Equita !!

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Just proves again how broken Equita/Capita Abacus is. From your initial post you say you paid nearly £400 in charges to the Bailiff yet even their alleged table of fees only comes to approx £200 so another question must be where did the extra go to? Do you still have any or preferably all the receipts you were given?

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Giro book fee. £11.64

Card payment fee. £3.00

 

Cheeky buggers, deffo unlawful.

 

Ask them to provide a copy of the Notice of Seizure regarding goods they claim to have levied, and follow the advice of PT and BA,

 

About time Capita PLC and their subsidiaries Equita & Ross 'n Robbers were investogated again, as no doubt they wmight try preloading the Compliance, Enforcement, and Sale Stage fees as they did with the fees pre April 2014 if they think they can get away with it,

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Giro book fee. £11.64

Card payment fee. £3.00

 

Cheeky buggers, deffo unlawful.

 

Ask them to provide a copy of the Notice of Seizure regarding goods they claim to have levied, and follow the advice of PT and BA,

 

About time Capita PLC and their subsidiaries Equita & Ross 'n Robbers were investogated again, as no doubt they wmight try preloading the Compliance, Enforcement, and Sale Stage fees as they did with the fees pre April 2014 if they think they can get away with it,

 

That's the words I was looking for NOTICE OF SEIZURE. I knew if they'd ever levied anything that I should've had some paperwork .... I've nothing, and as they've not done a levy, I'd be interested to see their paperwork 😛

 

Looking forward to getting my teeth into this one ..... ... I'll update as soon as I get a response 😀

 

II'd counted up payments wrong and was actually charged approx £200 in extra fees not £400 as I typed😱 but even so, a lot of money to pull out for the sake of lining their pockets!!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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  • 1 month later...

40 days almost up, and still no reply from Equita ....... let's see what the post brings in the next few days........

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Just proves again how broken Equita/Capita Abacus is.

 

At a conference that I attended last week, there was an excellent series of presentations regarding setting up of "in house' bailiff teams and a small number of local authorities spoke of their own plans to bring bailiff enforcement in house with others being very cautious indeed.There are are lot of difficulties in this area.

 

The largest 'in house' bailiff operation is that of Capita and Equita which I have been very troubled about for a number of years and even more so recently. When the new regs came into effect all CIVEA members agreed that in order to resolve the interpretation of 'seven clear days' on the Notice of Enforcement that each company would agree to provide a period of 14 days.

 

Equita have now cut that time period to 8 days and I receive endless enquiries that the Notice of Enforcement arrives on the same day as the compliance period ends.

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40 days almost up, and still no reply from Equita ....... let's see what the post brings in the next few days........

 

 

 

Have you reminded them of their obligation to provide what you want? Have they admitted receiving your request?

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Equita have now cut that time period to 8 days and I receive endless enquiries that the Notice of Enforcement arrives on the same day as the compliance period ends.

 

 

I do hope that a complaint is made each time this happens. Capita/Equita/Ross & Roberts have long since had the attitude Regulations do not apply to them & it must be time they were brought to book or kicked out.

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At a conference that I attended last week, there was an excellent series of presentations regarding setting up of "in house' bailiff teams and a small number of local authorities spoke of their own plans to bring bailiff enforcement in house with others being very cautious indeed.There are are lot of difficulties in this area.

 

The largest 'in house' bailiff operation is that of Capita and Equita which I have been very troubled about for a number of years and even more so recently. When the new regs came into effect all CIVEA members agreed that in order to resolve the interpretation of 'seven clear days' on the Notice of Enforcement that each company would agree to provide a period of 14 days.

 

Equita have now cut that time period to 8 days and I receive endless enquiries that the Notice of Enforcement arrives on the same day as the compliance period ends.

 

 

Bailiff, under what legal authority does the council (or any other public authority) have to use bailiffs in house. Under the Human Rights Act, any power a public authority has must be compatible with any Convention Article. Notwithstanding this, there must a legitimate aim and a principle or proportionality at common law (or as it were constitutional common law). Where do to these people think they live, in England we have to subscribe to the legal principle of the 'rule of law.'

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Hi Ploddertom, I've not reminded them. I do have proof that letter was signed for by them on 20 October. Is it worth just reminding them that I expect a full reply by 29 November?

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Hi Ploddertom, I've not reminded them. I do have proof that letter was signed for by them on 20 October. Is it worth just reminding them that I expect a full reply by 29 November?

 

I certainly would and point out they acknowledged receipt by signing for delivery on xxx date. Gives them less wriggle room.

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Sent off further letter reminding them that their 40 days are up on 29 November .......

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Update, no surprise .... 40 days up and no response to my (paid for) subject access request. 😱

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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What should I do if they haven't responded to the subject access request ?? Is it worth writing to them - again??

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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No great surprise not have received what you are rightfully due. Have you checked to make sure the payment you sent has been cashed? To be on the safe side you must also allow them a few more days in case it is snarled up in the post - end of next week perhaps.

 

If still no answer then there are still things you can do to try & force their hand.

 

1 - make a complaint to the ICO - slow process with no guarantee of success, may take a year or more.

2 - issue a claim for non-compliance via the Small Claims Court - unfortunately you have to pay the fees upfront unless you are exempt - again can be a slow process but they must this time do as they are told.

3 - make a formal complaint to the Council CEO - they were the people who instructed them so bear the responsibility for the actions & charges of their contractors.

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