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    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
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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
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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'm assuming there is a precedent to this.

 

I have a debt to the Council for back Council Tax which I have been paying back as and when I can afford it.

 

Today Bristow and Sutor sent an enforcement agent (who told them he was a bailiff) while I was out and luckily they did not let him in.

 

Nothing, apart from a few items such as my bed and an old stereo which is worth pretty much nothing, on these premises belongs to me as I am just a lodger here and the room is furnished by the landlords.

 

I have never denied that I owe something but the amount is in dispute

I have told B&S this previously but they have ignored all my letters.

 

The bloke cleared off when it became clear he wasn't being allowed in

but I suspect he will be back.

 

Apparently he was eyeing up their car and I would obviously hate for them to become involved when it is nothing of their doing.

 

Do these people have any claim to anything on the premises

and where do we stand if they return in the future?

 

I have spoken to the Council but they say it's out of their hands now

although I suspect they could do something about it if they wanted to.

 

Thanks in advance for any help and advice

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Busted & Stupor can only have your goods, although they will try to assume the car is yours, you should provide the council and B & S a copy of the tenancy agreement or any paperwork that supports your status as a lodger in a furnished room.

We could do with some help from you.

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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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You mention in your initial post that you dispute the amount that B & S are enforcing and that you have advised them of this. If it is the amount of the Liability Order that you dispute, then it is the council and not Bristow & Sutor that you need to be complaining to. The enforcement company cannot 'go behind' (or challenge) the court order (Liability Order).

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Thank you. I can't remember if I challenged the Council or not but I will do that now. does anyone know if B&S can continue enforcing any of it, including their 'fees' while the matter is being disputed?

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I have done that too but in my experience half the time they don't either bother to read them or certainly not reply or acknowledge. trying to cover all bases

 

This may seem a bit naive but I want to gather as much information as I can before I take my next step.

 

B&S are trying to collect an old debt for Shropshire Council.

i have been making payments direct to the Council but they say it's out of their hands now and they can't call them off.

 

 

I've written to them telling them I dispute the amount claimed in the hope it will buy me a bit of time but not holding my breath.

 

There are a few points I would like to raise:

 

1) Do their 'Enforcement Agents' actually have the same powers as a Bailiff or can I just tell them to clear off?

 

2) Are their 'charges' enforceable or can I just clear the original debt and then stop paying?

 

3) Can they,

as they claim,

break into the house when no one is here

(I am a lodger and none of the property on the premises belongs to me, and I have told them this, and the Council, in writing)

and what recourse do I and my landlord have if they take property that belongs to the landlord, including their car which is parked outside the house?

 

4) Are they allowed to take my motorcycle, which I need for getting to work because there is no public transport available due to the hours I work?

 

Thanks for any help anyone can give me.

 

 

I am thoroughly fed up with these people and I refuse to phone them, requiring everything in writing. besides, I have no phone and no access to one

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The EA is a bailiff the terminology changed from Bailiff to EA in April 2014

 

You DO NOT have to let them in indeed it would be a bad idea to do so, they cannot break in, or climb through a window

 

How much is still owing and are you still paying anything to the council directly?

 

They might try to Take Control of a car parked outside so if they did the Landlord would have to use the TCG procedure to put in a third party claim

 

Yes the motorcycle might be taken, how much is it worth and it would be a good idea to hide it for now. They would say you could walk or cycle to work if the motorcycle is taken unless your commute is stupid distance like 20 - 30 or more miles.

 

other Caggers will be along with better advice soon.

 

One for Grumpy, if the debtor uses a cycle to go to work, has no car, and distance is 10 miles would a bailiff take a pedal cycle? (I know some are worth upwards of £2k)

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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Thank you.

Yes, I live fifteen plus miles from work and work a four in the afternoon to midnight shift so there is no public transport and a taxi, if I could even get one, would cost pretty much everything I earned.

 

I am paying the Council direct,

although they have said they can't accept payments which is clearly rubbish as they are showing up on B&S's site as paid 'Direct To Council'.

 

I have written to B&S telling them that the vehicles parked outside do not belong to me so they are aware of this.

 

 

What they do with that knowledge is up to them but I have a copy of the letter and will use it in evidence if it becomes necessary.

 

The motorcycle is worth far more than the debt which, before their ludicrous charges, is now less than three hundred quid.

I would pay it off in one if I had it but I simply don't.

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Further to the above, I have made payments to B&S but as the direct to council payments are showing on their site I'm going to make all future payments to the Council

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Threads merged

Please keep to one thread

Or it makes a mockery of past helpers time

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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I think,

on reflection,

and against every emotion taking hold of me,

I am going to try and pay this off.

 

 

Not because I agree with it and their ludicrous 'charges' but simply because I don't want my landlords bothered by something that is not of their doing.

 

 

If I was living in my own place I would run the beggars ragged until my dying day.

 

 

I had a most patronising email from them yesterday,

which I won't bother you with,

that was lies wrapped in the truth.

 

 

Before I go,

I would very much appreciate opinions,

if anyone has them,

as to whether or not the entire balance is enforceable,

including B&S's fees,

or just the outstanding amount owed to the Council.

 

 

That would be interesting to know.

Thank you all for your previous replies.

This site is a Godsend to so many people

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Can anyone on here shed light on something that's been puzzling me for some time?

 

I'm a little unclear on what,

exactly,

an 'Enforcement Officer,

is legally allowed to seize goods in respect of.

 

 

If, as in my case,

there is a Court ruling that the outstanding amount on my Council Tax bill is £340-odd pounds

are they entitled just to remove goods to cover that or,

if I pay that,

can they still enter the premises to take items to cover their own fees,

which were NOT included in the Court ruling,

or do they have to pursue that matter separately.

 

 

It will make a huge difference to how I proceed.

Thank you

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They have no right to enter your home. Keep doors locked and any vehicles a good 10 mins walk away. They can add statutory fees, so its in your best interests to arrange repayments if the total plus fee's are correct.

 

If you arent considered vulnerable, then they will eventually hand it back to the council, but you'll still be liable for fee's, the council could take you to court and apply for a warrant to get you to attend ( more fee's), or they could get another bailiff to call.

 

Then theres attachment of earnings etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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threads merged yet again

 

 

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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If you've decided to try to pay it off now, it's going to include fees. If you pay the council, they'll pass them on as you have seen, and any payments after the first £75, are split pro rata, so the debt isn't paid off to either the council or the EA's until your final payment.

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Ah, I thought there might be some surreptitious little clause skulking about somewhere in the ether. Thank you for that. I will pay this all off at some point but I'll be blowed if they're going to get the almost two hundred quid a month they are demanding

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  • 3 weeks later...

It's noteworthy that I paid them a hundred quid this month which is about two thirds of the 'agreeement' (which I never agreed to anyway) and instead of conducting another visit they just sent me a letter with a revised 'agreement'. Basically, they don't care, do they? They just want to get as much money as they can from people for the least possible effort

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It's noteworthy that I paid them a hundred quid this month which is about two thirds of the 'agreeement' (which I never agreed to anyway) and instead of conducting another visit they just sent me a letter with a revised 'agreement'. Basically, they don't care, do they? They just want to get as much money as they can from people for the least possible effort

 

I am sorry Bilgeman but you are not correct.

 

The enforcement agent has already made one personal visit and a payment arrangement has been set up. You have already incurred an 'enforcement fee' of £235. The regulations do not provide for another 'enforcement fee' and that is why you will now receive a letter (as opposed to a visit).

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I am sorry Bilgeman but you are not correct.

 

The enforcement agent has already made one personal visit and a payment arrangement has been set up. You have already incurred an 'enforcement fee' of £235. The regulations do not provide for another 'enforcement fee' and that is why you will now receive a letter (as opposed to a visit).

 

Where does he say he has set up a payment arrangement? Bilgeman is paying the debt, but I'm not sure there's a formal arrangement for £xxx.xx per month to be paid, unless I've missed it reading through.

 

Is you motorbike owned outright, or is it on HP? Are you ensuring that cannot be seized or clamped?

 

Yes Bilgeman, the bailiffs will get every penny out of you they can. Fortunately they are far more restricted since the 'new' regulations came in than they were before.

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  • 1 month later...

Further to this, I never agreed to a payment arrangement. That was just their take on it. I've been paying a hundred quid a month and got it down to 300 so now they are getting fifty quid a month until it's paid. Thanks for all the advice everyone. Much appreciated

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Glad you have it sorted. The thing now is not to default on this, miss by a little as one day on your allotted payment, and they are very likely to continue any enforcement and pursue for the full balance.

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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