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    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 196951198     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
    • I will just keep quiet. Hopefully it is something she has seen on a credit file. No ones pursued me yet so I will keep fingers crossed.   I feel after 12 years of being divorced these things should have been settled by banks and companies by now.   Like I said it has been so long I have no recollection of it.
    • Hey - thanks for the reply.   So yes they have entered the 6k claim, and I have chosen to defend it.  I think I have a solid case to argue it.   So if I argue successfully and say the judge does side me with the 2k option and I pay it within 28 days it will clear?   Alternatively.  If I fight it and lose, the full 6k will obviously be due....  Again, if I pay that will it be removed within 28 days?
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Refusing to deal with enforcement agents - Off Topic Posts

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Well done for posting this, it highlights what we have been saying on this forum for the last eighteen months.

 

Namely that:

 

There is no such thing as a vulnerable household, as shown above, if someone is there who can deal with the bailiff, he can enforce.

 

That guidelines are just that, they point out what should be considered, they do not instruct anyone on what they must do. All cases are different.

 

Councils do not have to take accounts back, again it is down to the LA and the individual circumstances of the case.

 

Finally that the best course of action is to contact the EA if there are any issues regarding the enforcment in the first instance.

 

The best course of action is to contact the local authority, so I disagree!

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The best course of action is to contact the local authority, so I disagree!

 

Who with me the LGO the LA, or the EA ?

"

Paragraph 20:

Once the account was with the bailiffs, the Council advised Ms N to contact the bailiffs directly. My view is this was a reasonable position to adopt. "


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Who with me the LGO the LA, or the EA ?

"

Paragraph 20:

Once the account was with the bailiffs, the Council advised Ms N to contact the bailiffs directly. My view is this was a reasonable position to adopt. "

 

Dodgeball, this may be the case in this complaint,

 

Nearly every situation is different,

 

I personal do not wish to deal with the EA's, I have not met a trustworthy one yet, or one that was reasonable,

 

The council can take it back, if they want too, there is nothing in the regs to say they can not.

 

Most people who end up with LO's are not the won't pays they are the can not pays in the time scale required, so how is this going to get the Council tax repaid quicker, by adding more costs.

 

Leakie

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Hi Leakie

 

No one wants to deal with the Bailiff, but sadly the debt is in their hands, there is little option, if you get no joy then you can approach the LA, if you go to the council first they will just ,quite rightly tell you to go to the EA.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I recently helped a member of my family with an EA regarding Council Tax.

 

I point blank refused to deal with the EA and dealt with the Council and set up a payment plan myself - the Council tried to make us go back to the EA but we just asked by which law we had to follow to make us do this - they were not forthcoming with this!!

 

Now the Council are accepting the payments and the EA have written and said they are sending our case back to the Council.

 

We just refused and stood firm - I have also done this myself and this has worked for me.

 

I have also helped other people in a similar situation and it worked for them. Stand firm, stand tall and refuse. The Council cannot refuse your payment. The Council are in cahoots with the EA's anyway and its all a [problem] - dont play along is my advice.

 

EA's are just wannabe Court Bailiffs I think and no better than Debt Collectors....

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I think the point of this thread is the LGO report which states that debtors should go to the LA first.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Incidentally for the sake of anyone else reading, if you do pay the LA they will send the payment to the bailiff, so you will still have to pay ther fees.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I haven't seen any reports - but in our case for ages the Council/Local Authority refused to deal with us - I think I have about 8 letters here where they were trying to force us to deal with the EA.

 

I simply kept stating that No we would not, and that they couldn't force us to and therefore they backed down - I suspect others don't do this but more should.

 

If its not in law why should anyone take any notice of the EA I say. :)

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Lots of reports both in here and other forums, perhaps you are referring to the situation before the new rues came into place.

 

Bailiffs are not part of the LA anymore they are a separate entity. If the LA accepts payment and does not pass fees along to the bailiff they are in breach of a contract between them(as well as the applicable law)


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I haven't seen any reports - but in our case for ages the Council/Local Authority refused to deal with us - I think I have about 8 letters here where they were trying to force us to deal with the EA.

 

I simply kept stating that No we would not, and that they couldn't force us to and therefore they backed down - I suspect others don't do this but more should.

 

If its not in law why should anyone take any notice of the EA I say. :)

 

Because it is the law


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Anyway this is off topic we are talking about going to the ea if there is a problem with enforcment and the LGO ruling.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi

 

All this happened to us in the last 3 weeks - so have things changed recently?

 

I asked the Council to state which law they can force us to deal with the EA - they couldnt say.

I asked the EA - they also couldn't and wouldn't tell me the law.....

 

As you said 'it is the law' please can you tell me which law states a person HAS TO deal with an EA. i cannot find anything and neither could the Council or EA...?

 

This is all very confusing.

 

You say bailiffs are not part of the LA anymore - when were they? Also the EA wrote to us and got very funny when we said they were Bailiffs and requested their Bailiff numbers etc - they clearly stated they were Enforcement Agents. This is no better than debt collector then.

 

Please can you clarify?

Thanks :)

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YOu need to read the tribunals courts and enforcment act and associated regulations , there are lots of threads on this subject on here, not this one though :)


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I would like to start a new thread as I feel my questions are valid and simple - as is my approach.......I don't think it's fluke as I have used it and have helped others do the same.

 

As you stated it was the law I would be interested to know how you can state this so surely - whereabouts on the other threads shall I look for this information as you cannot give it....also please could you answer my other questions regarding the LA/bailiffs etc? I am only asking you to clarify what you have said - not being awkward, but am genuinely interested in what you have to say.

 

Cheers

:)

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I would like to start a new thread as I feel my questions are valid and simple - as is my approach.......I don't think it's fluke as I have used it and have helped others do the same.

 

As you stated it was the law I would be interested to know how you can state this so surely - whereabouts on the other threads shall I look for this information as you cannot give it....also please could you answer my other questions regarding the LA/bailiffs etc? I am only asking you to clarify what you have said - not being awkward, but am genuinely interested in what you have to say.

 

Cheers

:)

 

Good idea. Discussion is what this part of the forum is for, it may be helpful if you read some of the legislation first though because some may not want to go over so much old ground.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi

 

Please can I ask Dodgeball here to answer my previous questions - started this new thread for this.

 

Thank you :)

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Hi again,

 

I have started a new thread - so you can reply to me there now and clarify what you mean in your replies.

 

Thank you very much. :)

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Default Re: Bailiff enforcement re Council Tax: Local Government Ombudsman (LGO) decisions

 

Quote Originally Posted by BUTTERCUP7 View Post

 

I would like to start a new thread as I feel my questions are valid and simple - as is my approach.......I don't think it's fluke as I have used it and have helped others do the same.

 

As you stated it was the law I would be interested to know how you can state this so surely

- whereabouts on the other threads shall I look for this information as you cannot give it..

..also please could you answer my other questions regarding the LA/bailiffs etc?

 

 

I am only asking you to clarify what you have said

- not being awkward, but am genuinely interested in what you have to say.

 

Cheers

 

Good idea.

Discussion is what this part of the forum is for,

it may be helpful if you read some of the legislation first though

because some may not want to go over so much old ground.

Edited by citizenB
removed irrelevant profile

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When i get a minute , although i assume others may want to help you.

also :)


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BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I am not quite sure what you are doing Buttercup. I am assuming you have copied a post from another thread and want Dodgeball to comment on it.

 

I will move your thread to the discussion area and mark for DB's attention. If you want to quote a post in a different thread in future. You should click on the little box at the very end of the post you want to quote (after the "Reply with quote link) and then scoot over to where you want to start your thread. Click on Post new thread and then on the "Go advanced" link when the new box opens and then you will see at the bottom of the new screen "you have one quoted post from another thread select/deselect" Just click on select and the post from the other thread will magically appear :)

 

Although to be honest, I dont understand why you simply didnt ask DB to respond to your question on the original thread ?

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am not quite sure what you are doing Buttercup. I am assuming you have copied a post from another thread and want Dodgeball to comment on it.

 

I will move your thread to the discussion area and mark for DB's attention. If you want to quote a post in a different thread in future. You should click on the little box at the very end of the post you want to quote (after the "Reply with quote link) and then scoot over to where you want to start your thread. Click on Post new thread and then on the "Go advanced" link when the new box opens and then you will see at the bottom of the new screen "you have one quoted post from another thread select/deselect" Just click on select and the post from the other thread will magically appear :)

 

Although to be honest, I dont understand why you simply didnt ask DB to respond to your question on the original thread ?

 

Hi CB ther were a number of points and I didnt want the other thread to go 0ff topic.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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What do you want to know :)


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hmm. I am not taking this on as a full time job you know CB.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1236 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
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