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    • Well done on your victory!  👏   You must have a magic touch, it's extremely rare that the PPCs accept an appeal.
    • Court hearing today. WON on all counts of claim. The win though is not the interesting bit, but the ‘why’ is really useful. We were allocated 90 minutes but it took two hours by telephone . The defense were represented but I failed to note whether by a solicitor, barrister or other advocate.   As soon as the judge finished the introductions and before he had time to pass the time over to me to explain my case, the defense interrupted and asked the claim be struck out. He then spent the next 40 minutes discussing with the judge that I had failed to properly serve my bundle upon which I intended to rely. The judge asked me to explain and I said I had served the bundle to them and the court 3 days before the deadline, by signed for post with a tracking number to the address named in the summons being the Royal Mail Head Office in London. I said it was a bit rich that they were making this request when they had failed to serve me and the court with their bundle within the deadline and that I had only just received it. They quoted a certain principle of law (which I failed to write down) which explained that service of documents must be made to the address which either party may request service to be made. They claimed that six months earlier when they lodged their defense to my summons, the covering letter had been sent from their Sheffield office and it constituted the address for future service of documents. I of course had no idea of such a requirement and said that a simple letter heading on a piece of correspondence was not the same as a formal sentence in a letter requesting such future service. It gave the judge some concern but he decided to park the issue and allow the hearing to continue.   I was able to explain my case for the £50 compensation for the lost parcel using the evidence from the defense bundle referencing the Overseas Post Scheme. It was all straight forward. I explained the facts and let them speak for themselves. I then moved on to the delayed Special Delivery items. This is where the fun began because I had to argue against their terms and conditions. I used the defense bundle referencing the UK Post Scheme. I quoted from various clauses which explained the rules relating to claims. That ALL delay claims must be made within 3 months, then that Special Delivery was actually 14 days so not 3 months after all, then another clause which confirmed the deadline was 3 months for all delay claims. I quoted further that these were “common terms” and that some services (Special Delivery was one) had additional terms which were called “specific terms”. Another clause stated that where a conflict arises between common and specific terms, then specific terms took priority. So I turned to the Special Delivery section to quote the specific terms as these would have priority. There was only one term that referenced claims. It simply said If we do not succeed in attempting to deliver by this time (being the next day) we will refund your postage. I used this single phrase to take priority over the 3 months  or 14 day deadline mentioned in the common terms. I discussed how the various clauses conflicted with themselves as if the clauses themselves did not know what the deadlines were and how ambiguous and confusing it was.   The time was then past to the defense and he started to argue there was no contract nor liability in tort (a substantial portion of their written defense document and bundle discussed this argument). It made me smile because I was ready for that. The judge though was ahead of the game and (especially because 40 minutes had been wasted at the beginning) he did not want to hear of it. After about one minute, he stopped the defense by saying exactly what I was preparing to say. Simply that I was not suing under contract or tort but under the conditions of the various postal schemes for which they were liable. He asked the defense to answer my claims. The defense then prevaricated trying to argue the clause that distinctly mentioned the 14 day time limit within which to make a claim for delay (which of course it did) ( as an aside, most people might accept that deadline and not bother to pursue a claim). He had nothing to add about the lost parcel.   Time had run out, we had no questioning and the judge said he was summing up. He was quite happy I had served my documents sufficiently well and took the view that the defense had fallen foul of the court order so he was cancelling out the question about valid service. He had no difficulty in accepting the claim that the lost parcel was valid and awarded me the £50 compensation. He then spoke at longer length about the delay claims and the conflict in the clauses. (at this point I had no idea which way this bit would go). Then, he spoke of how a business such as Royal Mail should not be accepting clauses in their contracts which were clearly inconsistant. (that’s when I started to relax), (and then the best takeaway of the hearing), He said that common law provides in the event of a standard contract if there is any ambiguity, the interpretation should be judged against the person drafting the contract. He called it Contra Proferendem. (I had no idea of that concept but had effectively explained it anyway). I was awarded the whole claim plus costs. The defense asked for permission to appeal which was refused.    Remember the phrase “Contra Proferendem” . I shall be looking more into it. I am sure it will come in handy against any institution that have drafted contracts that cannot be individually negotiated. And will certainly be useful for a long while yet against Royal Mail et al.
    • The White House highlights the upcoming offer of free trips in the US by the ride-hailing firms. View the full article
    • Original loan was £5000 unsecured over 5 years, 28 payments remaining, he wanted to extend it back up to 5 year.........the bank offered him £6700 to clear his credit card and the bank loan, £135 per month from the original figure of £121    One debt of two years old and one debt of 15 months        
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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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Hi It's been a long time since I was last in debt and had to deal with bailiffs' and debt collection companies so i'm not sure if things have changed so i'm looking for a bit of advice ?

 

I Went home this lunchtime and a bailiff had left a letter threatening to get a locksmith to break into my house to remove goods with the police possibly present.

 

..in fact the letter was quite threatening

I thought that this was illegal as the debt owed was a personal debt through a county court CCJ not a magistrates fine or debt to any other governmental department,

 

what I need to know is are they allowed to do this.

 

The debt collection company who pursuing this debt is lowells and they have bought a lot of my debts and are trying for CCJ's on all of them and is this how they operate now ?

 

 

Thanks in advance for any replies

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No forced entry to the house. But separate garage or shed can be forced entry to. Also vehicles near house can be seized, if they think you own them.

 

You mean Lowell finance have the CCJ's. What is the total value of CCJ's ? Remember bankruptcy threshold is £5k.

We could do with some help from you.

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so they've already got a CCJ then and these are court bailiffs

they are your friends

nothing to worry about.

 

 

I will guess you ran away from all your debts and did not inform your creditors you have moved

and they are now getting CCJ's at old addresses

that would fit

 

 

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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Lowell MO is to gain default CCJ at previous address if it can. Was the last payment more than six years ago?

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 Went home this lunchtime and a bailiff had left a letter threatening to get a locksmith to break into my house to remove goods with the police possibly present.

 

Was the letter from a County Court bailiff?

 

Instead of posting a copy of the letter, could you copy the actual wording regarding locksmiths etc.

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I think i owe around 10 k in total over about 8 different accounts and my wife whos also named on todays notice owes about 4 k on 1 account.

 

I have 3 CCJ's at the moment with lowells trying for another and they have 2 of the others.

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The letter was a unfilled out removal/ take notice with the local courts address on it which named both myself and my wifes separate debts owed to lowells and read like this...

 

Enough time has been wasted with this matter and failure to respond.

 

As you have failed to contact me in reference to the above warrant issued.

 

You leave the court no option to enforce the warrrant by removing goods to the value of the warrrant plus added court costs

this may be done in the presence of local police.

( then theres a hand written part " locksmith £250")

 

then theres the option to contact him to pay immediately to avoid enforcement of the warrant and the n threatening to come back in 7 days to remove goods..

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lowells not lavals.

 

 

somethings not right here

no bailiff would mention all you and your wives debts on a warrant.

its for one CCJ

and it says Court bailiffs ..yes?

not High Court Enforcement Officer?

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 im confusing things here i have about 8 accounts that i owe but this is for one of mine and my wifes one.

 

it looks like a blank generic notice with both my case number then my wifes case number handwritten on the top of it.

 

I think its for one of my CCJ's and also my wifes CCJ..

 

I think its from my local county court even through both CCJ's were gained from Northampton bulk.

 

The notice has the local county court header on it and it just states the guys name and his title -Baliff/enforcement officer and his mobile number

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If you don't enter into repayment of CCJ's, with debts over £5k, you are risking being made bankrupt. If you own any assets such as a house, that would then be at risk. The various costs added in bankruptcy would be horrendous.

 

Suggest you deal with the CCJ's by offering a payment arrangement that you can afford.

We could do with some help from you.

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i have a 12 year old banger outside with a dodgy gearbox and an even older car on the drive that we bought for our son as his first car which doesn't run either ..

 

 

i live in council housing so theres nothing really to take apart from household items ..

. we're not rich we just got into a load of debt that we couldnt pay back...

 

If you don't enter into repayment of CCJ's, with debts over £5k, you are risking being made bankrupt. If you own any assets such as a house, that would then be at risk. The various costs added in bankruptcy would be horrendous.

 

Suggest you deal with the CCJ's by offering a payment arrangement that you can afford.

 

As i said i don't own my house and we're only just managing as we are so i couldn't afford to pay them back even if i wanted to.

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he can only inc your wife if its a joint debt and you BOTH got CCJ by default because you didn't each respond to the claim

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
i have a 12 year old banger outside with a dodgy gearbox and an even older car on the drive that we bought for our son as his first car which doesn't run either ..

 

 

i live in council housing so theres nothing really to take apart from household items ..

. we're not rich we just got into a load of debt that we couldnt pay back...

 

 

 

As i said i don't own my house and we're only just managing as we are so i couldn't afford to pay them back even if i wanted to.

 

Best to work with the court bailiff to show them you cannot afford to make payments and have no goods of value to be sold. The court bailiff will report this back and then you may be left in peace.

We could do with some help from you.

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Have you sent requests under s.77-79 of the Consumer Credit Act 1974 for all of these debts?

 

 

Too late if a CCJ has been awarded.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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he can only inc your wife if its a joint debt and you BOTH got CCJ by default because you didn't each respond to the claim

 

No we have never had a joint account we keep our finances separate... they have listed her credit card debt CCJ and my debt with a different credit card company on the same form...

 

I think he's just combined it to save chasing us both separately .

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as you already know

they cant use locksmiths on a ccj warrant.

 

 

 

 

 

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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Share on other sites
Hi It's been a long time since I was last in debt and had to deal with bailiffs' and debt collection companies so i'm not sure if things have changed so i'm looking for a bit of advice ?

 

 

I went home this lunchtime and a bailiff had left a letter threatening to get a locksmith to break into my house to remove goods with the police possibly present

 

If you challenged the letter with the court, I would think that you would receive a response advising that the letter had not threatened that locksmith would break into your home and that instead, the letter was advising you of the fee (of £250) that could be charged if the court granted permission for forced entry.

 

As you are unable to pay the judgment in full, have you considered apply to the court to vary the payment terms? This needs to be done by way of an N245 Application. There is a court fee for these applications but if you are in receipt of qualifying benefits, you may be exempt from paying (EX160).

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I thought that the court couldn't grant a forced entry ??? or am i wrong ?

 

Put the matter out of your mind and instead, concentrate your efforts on getting sensible payment arrangements in place for this judgment by way of an N245 application.

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I can't afford to pay Lowell that's the problem..

. it's not a case of won't it's just we're barely managing now and if I offered payment on this case they would just keep coming back for my other debts as well..

..it would never end..

..I just need to know exactly what are the possible outcomes??

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Best option is to speak to the court bailiff and provide details of your current situation.

If you can't pay anything and have no goods of any value that could be sold,

this would get reported back to Lowells and they would stop trying to enforce this debt.

 

You can't just do nothing hoping it goes away.

Lowells don't know your situation and think you are just wanting to avoid repaying debts.

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

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I can't afford to pay Lowell that's the problem... it's not a case of won't it's just we're barely managing now and if I offered payment on this case they would just keep coming back for my other debts as well....it would never end....I just need to know exactly what are the possible outcomes??

 

If you contact any one of the advice agencies recommended by the government (Stepchange, National Debt Line, CAB etc) you will get the help that you need. If you want to speak to someone today, then National Debt Line would be a good starting point. They will do a budget sheet for you and assist with letters to your creditors.

 

If it is the case that you cannot afford to pay even a nominal amount in repayments, it may be suggested to you to apply for a Debt Relief Order. The first step that is needed is for you to make contact. Today is as good a day as any.

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UB - The bailiff is likely to want to enter the property in order to satisfy himself that there is nothing of value to be taken. That is not something that I would personally recommend.

 

I believe that the best course of action would be to arrange an appointment with Citizens Advice and to inform the bailiff of this.

 

Citizens Advice are then in a position to help and guide the OP (on a face to face basis)

 

Moving forward, the options for Lowell are to transfer up to High Court Enforcement, apply for an attachment of earnings or apply for bankruptcy

 

What's the difference with high court enforcement and how often does it go that far ?

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What's the difference with high court enforcement and how often does it go that far ?

 

In your particular case, even if Lowell did transfer the judgment up to the High Court (which they are entitled to do in certain circumstances), it will not affect you. You have no assets of value.

 

Furthermore, as I understand it from your earlier post, this debt relates to a credit card debt. Accordingly, this type of debt is not one that can be enforced via a High Court Enforcement Officer.

 

Just getting back to basics for one moment. How much is the judgment for that the county court bailiff is currently enforcing? I'm not even persuaded that Lowells could pursue you for bankruptcy either.

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