Jump to content


  • Tweets

  • Posts

    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • 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.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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

Please note that this topic has not had any new posts for the last 1145 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hey there guys.....

 

I hope im posting in the right place and that maybe somebody can help me, im kinda going out my mind now.

 

I wont bore you with a full history but i will sumarize briefly,

 

January 2017 my wife and I where taken to court for non payment of council tax,

we was given a liability order and it was passed on to rundles enforcement agency for collection of payment.

We made a payment agreement with them but due to being made homeless and a situation beyond out control we never kept up with the payment.

 

In November 2017 rundles made contact again by sending us a "PRIOR NOTICE OF INTENDED PROCEEDINGS" letter,

we made contact and agreed to a weekly payment plan,

we made the first 3 weeks payments.

 

On December 18th we called them and asked if we could defer payment for 2 weeks as i was receiving no wages and start payment again on the 4th January, they told us we couldn't and it was tough luck.

 

Unfortunately we couldn't make the 2 payments like we told them but did do as we promised and made a payment last Thursday 4th january.

The day after my wife and I received a text from rundles asking us to contact their agent urgently and provided us with a mobile number for him,

 

we called immediately

he advised he was on annual leave until today (8th January) and to call back then.

We also contacted rundles head office but they would not talk to us as it had been passed to an agent and said we would need to call him monday.

 

We called the agent

he has said that unless we pay the full £426 by tomorrow (9th January) 12:00 he will have to come round and seize goods,

i advised him we dont have that money upfront but can reinstate the original weekly payment

he said no,

 

we told him that due to being in temporary emergency accommodation we don't have any of our own goods in the property that he could take.

He has said that if he cant get in or seize goods then we will be getting a commital referral tomorrow,

something like that,

he is using a lot of big confusing words and i dont know what to think.

 

Can anyone advise what my next steps should be

how to handle tomorrow,

is it possible my wife and I could be arrested tomorrow or is he trying to scare us?

 

If i contact my local council tomorrow is there anyway i could get them to stop this and take back debt?

 

Any advice at all would be great guys.

Link to post
Share on other sites

of course you do know he is bluffing.

he cant force entry nor put anyone 'in prison'

 

best idea is ring the council concerned.

were they the ones that put you in the emergency home..do they know?

as this sounds like you are extremely vulnerable too.

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

 

We called the agent he has said that unless we pay the full £426 by tomorrow (9th January) 12:00 he will have to come round and seize goods.

I advised him we dont have that money upfront but can reinstate the original weekly payment he said no,

 

We told him that due to being in temporary emergency accommodation we don't have any of our own goods in the property that he could take.

 

He has said that if he cant get in or seize goods then we will be getting a commital referral tomorrow, something like that,

 

Can anyone advise what my next steps should be, how to handle tomorrow, is it possible my wife and I could be arrested tomorrow or is he trying to scare us?

 

If i contact my local council tomorrow is there anyway i could get them to stop this and take back debt?

 

What you were told is not right at all. Neither of you will be arrested and there will not be any committal referral. I will respond in more detail later this evening.

Link to post
Share on other sites

Typical Rundles, Contact the council and a local councillor tell them that you are homeless and being threatened with prison for a Council Tax LO by a bailiff who is uttering threats of actions he cannot lawfully carry out.

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!

Link to post
Share on other sites

As above,

 

See how may threads there have been in the last month, where the local councillor has stopped this dead in it's tracks. I always say contact the local head of the council too for good measure.

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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...