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    • I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture. I suspect if anything a replacement will be offered although I would prefer a refund. Few photos of the wear in the material, this is how it was delivered.  
    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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    • Well done.   Please let us know how it goes or come back with any questions. HB
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Surprisingly (considering how bad they were at other basic things) the local authority I worked for managed to account for the enforcement agent fees correctly.

 

Craig

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Thank you Craig for your input. Although it has taken three years, the vast majority of councils understand about the 'pro rata' distribution of payments and more importantly, the reason WHY Parliament provided that the Compliance fee must first be accounted for.

 

As outlined in the recent judgment, the debtor plainly knew when receiving the Notice of Enforcement who he should be making payment to (the enforcement company) and he should have done so.

Edited by dx100uk
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Hi

 

From what I know regarding Bailiffs and what they can and can't do, I was under the impression that unless a Bailiff had been granted entry to your property they couldn't force entry?

 

I'm currently looking at a letter from Penham Excel, which has a paragraph stating - "I have attended today to take control of goods and remove for sale. If you do not pay immediately (and we have taken control of your goods) forcible entry to your property may be made.....blah blah blah"

 

Now the Bailiff in question who turned up on my doorstep was told to go away and sisn't have any access to my house, so why are they threatening to force entry?

 

This is for an old council tax debt from 7 years ago for a different prpeorty to where I live now.

 

Thanks for any advice

Lisa

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No forced entry allowed for council tax. Only items outside or in garages/sheds not attached to house could be taken control of, with a view to taking them to sell.

 

They are just giving you false information, which is a bit naughty.

We could do with some help from you.

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Thread moved to the correct forum.

 

Regards

 

Andy

We could do with some help from you.

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Forced entry may be made in extremis by an application to the court and is very very rare but is a long way down the road for council tax, as I think the council rather than the bailiff applies for the warrant ( others will know for sure) so keep him out and hide any car. A bailiff collecting for Magistrates Court fine CAN force entry, and the bailiffs like to make a debtor think it applies to other debts as a frightener. The take control in your absence is stuff lying around outside, like expensive garden furniture, power tools etc, and most of all a car, motorcycle, expensive cycle. a scooter.

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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Here is something to be getting on with.

.

First of all establish from the Council how much was owing etc

.

You need to speak to someone at the Council and ask the following questions:

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

...........................

.

Next you need to send off for a breakdown of the charges the Bailiff applied.

.

Here's an example,

use and ADAPT at will and best sent initially by email backed up by a copy in the post.

.

"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

uest 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"

.

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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oh and read the letter properly

it DOESNT say they can force entry..it says IF they have a list of controlled goods

well hes not been inside your house and done that so he cant...

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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Share on other sites

Yes, as in this case, can only force entry forthwith with a Magistrates criminal fine like TV Tax

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

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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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I'm currently looking at a letter from Penham Excel, which has a paragraph stating - "I have attended today to take control of goods and remove for sale. If you do not pay immediately (and we have taken control of your goods) forcible entry to your property may be made.....blah blah blah"

 

Would you mind copying the exact words.

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A one time work colleague of mine had a similar problem as his late father owed some councul tax and it all seemed to be forgotten about until 11 years later when the council applied to court to set the bailiffs on my friend and his brother as the beneficiaries of the late father's estate. It was chucked out as they had no way of knowing about the debt and they were told that it would anyway be unenforceable after that time. That seemed to impy that there is a limit akin to mortgage debt rather than the usual SB 6 years.

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A council should not go to the magistrates’ court and ask for a liability order for council tax more than six years after the council tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.

 

Once the council has obtained a liability order, there is no time limit for enforcing it. There may be limits on how the council can enforce old liability orders.

 

The cause of action (when the limitation period starts running) for council tax, is when the council first sent a bill to you. Unreasonable delays in sending bills could be grounds for making a complaint to the council and, if unresolved, the Local Government Ombudsman.

We could do with some help from you.

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Interesting, when my Mum died I advised the local council that the property was unoccupied and I had removed the furniture, they then suspended all council tax payments for 6 months and even extended it beyond that when it took a while for the property to sell.

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Interesting, when my Mum died I advised the local council that the property was unoccupied and I had removed the furniture, they then suspended all council tax payments for 6 months and even extended it beyond that when it took a while for the property to sell.

 

Normal on empty property..but the CTAX kicks back in on empty property after 8 months.

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 OTHER

 

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I've just dealt with the council tax department in North Somerset after my mother died. They allowed us 6 months from the date of getting probate with no council tax, plus all the time before that because my mother was in a care home. We just managed to sell the house in time not to start paying again.

 

HB

Illegitimi non carborundum

 

 

 

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  • 4 months later...

Hi

 

I have an outstanding liability order for old council tax owing from about 7 years ago.

I fell behind with my repayments to the local authority who issued it so they set the bailiffs on me!

He has only ever knocked on my door once

 

 

somehow claimed that he's visited three times now to bump up the charges,

 

 

when he did knock I told him he wasn't coming in and and I had nothing to give him.

 

He pointed to my 14 year old Picasso on the drive and said he was taking that

(he would be lucky if it fetched £100 at auction)

 

 

i pointed out that it's needed to get my two Autistic sons to and from school safely.

He mumbled something and walked away.

Both my boys are in receipt of DLA, Mobility element and care element.

 

I called him later on and offered a monthly repayment of £20 which is all I can afford as we're on a low income and receive benefits to help with rent, council tax etc, but he said that's not acceptable and I have to pay in full (£3000+).

 

I've now received a letter stating their vehicles with ANPR camera are out and about and will take my car whenever or wheever they see it.

 

As I explained to them before this is a lifeline for my boys to get to school and go out, surely it's not allowed for them to take this from me, do they have to take into consideration that it's used for children with disabilities?

 

Any advice appreciated as I intend to call Penham tomorrow but want to know where I stand

 

Thanks

Lisa

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Empty threat as car is not of sufficient value to be taken. It would incur costs to be taken away. So won't happen. Rule is that the value of goods must go substantially towards debt owed and the bailiff fees.

 

You need to write a letter noting income/expenses, as well as your full circumstances. Send it to Penham Excel and the council the tax is owed to. You don't have to pay what you cannot afford. Offer the £20 a month. Do not allow anyone into your house. Keep doors locked. Don't open if they attend again. Keep everything in writing. Don't get into conversations on the phone or at the door.

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

 

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I would follow the advice given by Uncle Bulgaria. It really is important to ensure that you write to Penahm and copy the council in the correspondence (email is fine).

 

You really do need to emphasis the importance of the vehicle to your family whilst at the same time ensuring that you make clear that the vehicle is almost worthless.

 

Although it not that important at present, do you have details of the fees that you have been charged?

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are the council CTAX dept aware of your two childrens issues?

this could be classed as a vulnerable household

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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Share on other sites

are the council CTAX dept aware of your two childrens issues?

this could be classed as a vulnerable household

 

I did tell them when I phoned to try and get my payments back on track but the woman I spoke was completely disinterested and said there was nothing she could do as it was with the Bailiffs now.

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I would be writing to the head of CTAX dept not the phone staff.

inform them of your families issues..

 

 

also stay off that phone to the bailiff follow this:

.

Here is something to be getting on with.

First of all establish from the Council how much was owing etc

You need to speak to someone at the Council and ask the following questions:

.

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

.

.

Next you need to send off for a breakdown of the charges the Bailiff applied.

Here's an example, use and ADAPT at will and best sent initially by email

backed up by a copy in the post.

..

"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 certificatedicon at.

e - the date of the Certification.

.

This is not a Subject access requesticon 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"

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... 

Link to post
Share on other sites

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