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    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
    • So who cleaned it and are they prepared to give a report of the state of the place as they found it?
    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt.   The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. F   rom your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon.   One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 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

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Many of you will know and may have been helped by our site team member – citizenB.

 

I'm sure many of you would like to know that citizenB has decided to leave the team.

 

CitizenB has been our great friend and great colleague for over eight years on the site team and over nine years as a member of the CAG.

 

She has been with us and helped us through the difficult times and all of the good times which we have experienced during that period.

 

She has made a great contribution to all of us on the CAG and on the Team. In addition to providing direct help to the thousands of people who come onto the forum, she has also been the editor in chief of the monthly newsletter which she has managed to make sure has been published regularly and without fail for several years.

 

I think we will all miss her.

 

I certainly shall

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So will I. CB has recently been added as a friend. Although they may have stepped down I hope they continue their great work here on CAG.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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I can only echo the above sentiments .....in view of the exceptional commitment and loyalty you have shown over the past 9 years in shaping the CAG to what it is today.

 

You will be sadly missed

 

All our best wishes and love CB to you and your family for the future.

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

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When I was in two minds about stopping posting on CAG it was CB that changed my mind.

 

I have spoken to them lots over the past few months and have learnt just how warm kind and extremely considerate they are and their words of wisdom changed my mind.

 

So I am still here on CAG

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Always a fair moderating force for good on this site.

 

Good luck. Do come back to visit.

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

 

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

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oh no, I did not know this, am sad CB has gone :(

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Very sad news indeed, now who am i going to pester?

 

Hope you remain active here CB, your help and guidance will be sadly missed by many 😢

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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I will try not to be a stranger and visit regularly. There is just too much going on in my private life at the moment. It wouldn't be fair of me to stay on the site team in name only.

 

 

I would like to think that I have given good advice and where I haven't been able to, at least been supportive. CAG is a very special place and its membership even more special.

 

 

I am very sad that I no longer have the time to spare.

 

 

I will be seeing the March newsletter out and will be MIA from April 1st.

 

 

Michael Browne will continue with the Newsletter for the foreseeable future.

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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Ohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh! NOOOOOOOOOOOOOOOOOOOOOOOOOOOOO! CitB you cant go.... Whos going to approve my PDL work haha :)

You will be missed...

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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I will try not to be a stranger and visit regularly. There is just too much going on in my private life at the moment. It wouldn't be fair of me to stay on the site team in name only.

 

I would like to think that I have given good advice and where I haven't been able to, at least been supportive. CAG is a very special place and its membership even more special.

 

You and I have been CAG supporters since shortly after the site began nine years ago. Having spoken to you many times over the past couple of years, I know how difficult it has been trying to find the time to dedicate to your private life and at the same time, moderate this forum.

 

Please try to keep in touch. I will miss you

 

xx

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I've seen CitizenB round here loads, while I have been asking for help over the years. CB - Well done, thank you, and I hope the future brings you every happiness and your heart's desires!

 

Keep popping in, I love that dancing cat!

 

BlurredFX

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Seen the news & wanted to say thanks for the help you offered when my financial life was in a mess. The advice & suggestions of CB (as well as Ellen & AndyOrch) have helped me enormously & I know for sure I'm not alone in that.

 

CAG is losing a gem but all the best for the future CB :kiss:

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CB you have been a great asset to Cag and have always been prepared to go the extra mile to get caggers the best possible advice to their problem. I wish you well for the future, take care and God Bless.

 

WD

Edited by honeybee13
Editing out name.
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CitizenB, thank you for all the help and support you provided back in 2010 when I fell foul of MBNA's foulness! Bizarre that I read your news 6 years to the day the (illegal) MBNA default came off my credit record!! Lol! Hope to see you around the board when things calm down a little for you. All the best, CM x

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CitizenB, thank you for all the help and support you provided back in 2010 when I fell foul of MBNA's foulness! Bizarre that I read your news 6 years to the day the (illegal) MBNA default came off my credit record!! Lol! Hope to see you around the board when things calm down a little for you. All the best, CM x

 

 

That is excellent news you are now free of MBNA :)

 

 

Thank you and everyone else who has commented, it is really appreciated.

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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Thank you citizenB for your help over the years. This site changed my life and you are one of the main reasons why CAG is so wonderful. You will be missed.

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Thanks CB, your concise and helpful advice will be missed.

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

 

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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