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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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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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