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    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructs me from defending this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx     dx    
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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superjoe19

Walker Love Huge CTAX Debt

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Hi there,

had a terrifying experience this morning.

 

My mum has received an official letter from Walker Love, hand posted through her door, saying she has 14 days to pay roughly 15 thousand pounds in council tax arrears or she will be subject to the usual procedures, bank account arrested, made bankrupt etc etc.

 

This is terrifying, but also confusing.

 

1) this is supposedly unpaid council tax for a property dating back to 2001

 

2) the property was vacated in 2005

 

3) my dad died in 2005 and his considerable debts were handled by a lawyer at the time.

 

There has been no mention of any monies still owed, since 2006 - until today.

 

4) My mum is 71, flat broke with no savings and only has her modest state pension.

 

5) She is currently being assessed for possible Alzheimer's Disease - but is still 'with it' enough to be able to read the letter and have a breakdown, which she did this morning.

 

6) How is she liable for this, and how have the costs continues to accrue for all these years?

 

7) WHY has there been no mention of this until now, when the debt has reached a frankly laughable and unplayable amount?

 

8) Where do I start in terms of tackling this for her, as she neither mentally, emotionally or financially capable of dealing with any of this?

 

I have read bits and bobs about not communicating with Walker Love, not letting them access her property etc etc

 

she can't realistically afford to repay anything of this money and she can't handle someone turning up to her door.

 

I live 40 miles away and work 12 hour shifts so it's hard for me to deal with any doorstep harassment.

 

At present, my mum lives in a council property and has very little by way of possessions, no savings, and lives week to week on her meagre pension.

 

Any advice would be really helpful guys

- my poor mum is frantic and we don't know what to do.

 

She went through absolute hell after my dad died, due to all his debts which she knew nothing about

 

. She lost everything and had a massive mental breakdown.

I can't let this happen again.

 

I just don't understand where this has come from.

 

No mention of it for years and years and then whack!

 

"You have two weeks to pay us 15 grand."

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First important thing to note. There is no forced entry for council tax, therefore no door should be opened to anyone attending your mothers home. Never invite anyone into a home to discuss any council tax liability. If bailiffs have enforcement powers, then if they cannot access someones home, they are restriced to goods outside e.g. car, items in a shed, items in a separate garage.

 

You say vacated. Was it sold at some point or let to tenants ? What happened betweem 2001 and when it was sold or let out.

 

A council tax liability order (LO) from 2001 or other date may still be valid. They don't expire. So provided a LO was obtained the council can try to enforce the debt.

 

Given your mothers health, perhaps a power of attorney needs to be obtained by you now, so you can deal with this io her behalf. As that will take awhile, type out a letter headed letter of authority for your mum to sign, just stating that I Mrs A Jones of X address authorise my Son Mr A Brown of X address to deal with all communcations from Walker Love and X council authority in regard to an alleged Council Tax liability. Then get her to sign and date it. Then add your signature and date.

 

Once you have authority to deal with, then send the letter of authority or power of attorney to Walker Love and the Council concerned, with a covering letter explaining the position. It might be an idea to phone Walker Love just to explain and say you are writing to them and the council. Make sure they are aware your Mum is vulnerable through a health condition.

 

When you have the authority, also send the council a Data Protection subject access request, with a copy of the letter of authority. Ask them for all council tax records for the period your Mum owned the house.

 

I note you live 40 miles away, but I think you will need to deal with this somehow, unless someone lives nearer to her that can help. It needs to be dealt with.

 

Nb. Your Mum would be jointly responsible for Council tax and it would not have been written off when your Dad died. Would not matter if only your Dads name was shown on the bills.


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Thanks for your reply, UB67.

 

My parents lived in the house from 1994 until 2005.

 

Dad died in January of that year and my mum moved out in the June.

 

She went into Council Housing and the house was sold around the January of 2006.

 

Lawyers acting on behalf of my mum handled the sale of the property and subsequent debts left by my father.

 

My poor mum had nothing to do with this.

My dad took responsibility for the mortgage and council tax.

 

He was in over his head and my mum didn't know a thing about it until after his death.

 

It's a very upsetting predicament for my mum to be facing at this stage of her life.

 

What's puzzling me is why has it taken until 2017 for Sheriff Officers to show up at her door.

 

I'm acting on the little information I have at the moment.

 

This debt looks enforceable, but is absolutely unpayable.

 

She has nothing but the state pension she lives on.

 

I will act upon your advice and post any updates as and when the situation progresses.

 

Thanks for your advice.

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Hello there, I'm sorry to hear about your Mum's problems.

 

You mention sheriffs, are we talking about Scotland please?

 

HB


Illegitimi non carborundum

 

 

 

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I think it is, as Walker Love deal with Scotish cases.

 

Council Tax issues same in Scotland or very similar ?


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Yes this is Scottish

And yes they can do all they say

 

Scotland is totally different to E&W

Ignore the previous advice

 

They can and WILL Arrest bank account freeze assets and go for sequestration of any property.

 

I would contact the council concerned first thing Monday

 

Moving to to the Scottish forum


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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They can and WILL Arrest bank account freeze assets and go for sequestration of any property.

 

I would contact the council concerned first thing Monday

 

Moving to to the Scottish forum

 

The lady being chased lives in a council house, with no assets and just state pension income.

 

Is there an application process to wipe this debt ?


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yes through the council


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that's down to them to sort out

but you MUST contact them and tell them what you have told us here.

 

they instigated the action

 

they are the people that can sort it.

 

walker love are only acting upon their instructions.

 

the council are the ones to deal with

most are very understanding .

 

its simply that no contact has been made

and they are trying to offset the budget cuts/losses from central govt.

 

I know this seems strange

but its not as big-a -deal as it appears to be.


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This gives me a glimmer of hope,but I'm not going to get carried away. Will contact the council asap and see how it goes.

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Contact the elected head of her local council, and her local councillors. Call and email them, they will quite possibly be able to sort this for you rapidly.

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Local Councillor happens to sit on the Scottish Forum Against Poverty. He was annoyed to hear of the situation and has vowed to fight it "every step of the way."

 

This is a positive start, let's see what he comes up with over the next week.

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Excellent news, follow them up, you would be amazed how much influence they have on these matters. I would also recommend contacting the actual head of the council too. It's quite possible they will be able to put an end to this problem.

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Also one other thing,

 

Either search on line for your local council's code of practice, around collecting ctax debts, or if you can't find it give them a call, asking them to send a copy.

 

Without a shadow of a doubt you will find a clause listing vulnerable people who Bailiffs are not as a solution for collecting a debt, such as pregnant women, chronic illness sufferers etc.

 

I would say a single, elderly, possibly ill/disabled lady would fall into that category. Be prepared to send the council a doctors / consultant's note if necessary.

 

This will get the bailiffs of her case, at least.

 

I got busted and stupid (Bristow & Sutor ) of our backs because my wife was off work chronically ill at the time. Any questions on this, let me know!

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no such thing as bailiffs in scotland


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no but they do have some ****ty property laws of their own.

no such thing as bailiffs in scotland

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Hey guys great news,

local councillor got the debt wiped!!

 

I don't know the ins and outs yet as my sister took up the fight

- she stays in that area

- but she just messaged me to say the case has been closed.

 

I can barely wrap my head around it, but if this is indeed the case, I'm absolutely dumbfounded, and really relieved for my mum.

 

I won't believe it until I have it in writing, but that really is fantastic news!

 

Thanks to all for feedback and advice, we're all very grateful.

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lets us know the ins and outs

I would expect as post 11

 

dx


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Just on this thread.

Where legally does someone stand with council tax?

 

I assume from reading that it's enforceable, under all methods and that no-one in Scotland has any defence against denial, dispute or other, i.e. if they say you owe it, they are going to take it from you, one way or another?

 

I have obtained a demand for a large sum of money, not even owed, in my belief, nor any evidence to prove, just a piece of paper and some shady people collecting for them. Rather intimidating, but what are the routes of resolution if an amount is in dispute or a method to postpone action until dialogue is established to mutually provide a solution to the alleged debt?

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start your own thread and tell us wht it is about. People dont get demands out of the blue without the council having a belief that their is a liability, even if they are wrong about that. A belief that it isnt owed is just as vague and all of the comments about proof are immaterial if the law has been followed, even erroneously so tell us all

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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