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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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After some advice please

 

I made a payment plan with Jacobs bailiffs for council tax debt back in aug, I missed 1 payment in sept but doubled up the following week.

 

To cut a long story short after I was late paying I received a letter saying the payment plan was no longer in place.

 

I've had several bailiff visits and I've not opened the door but I have continued to make my weekly payments with fail every week.

 

I have continued to receive letters and texts saying removal action is imminent and today another text saying the removal team will attend today between 6am and 9pm.

 

I don't understand why they continue to hassle me when I am still making my weekly payments.

 

Any advice please would be great.

Edited by dx100uk
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They cant remove anything unless theyve gained entry and performed a levy on goods.

 

The reason they are chasing is because you missed a payment but didnt inform them. Doesnt matter if you make it up, you still have to tell them, as they will just think youve stopped paying.

 

Have they performed a levy on anything you own? Such as a vehicle?


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I did inform them I would double up the next week and they should be aware I am still paying as every letter I receive the price has gone down. No levy has been made on anything as they have not entered my property and we don't have a car

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Dont let them in, keep paying, and i would also inform the council as well. Youll get futher advice, but the bailiffs should not be saying theyre coming to remove when they know they cant.


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Thank you, I wondered if it was just an empty threat in order to get me to phone them? I've spoken with the council before and they just say I have to deal with Jacobs. I'm guessing the chances of them turning up today are slim then if they know they can't do anything?

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At the time you made the original agreement was this in response to a letter or a visit?


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It was in response to the first letter they sent so made over the phone

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It was in response to the first letter they sent so made over the phone

 

 

 

 

 

 

So they had only added £75 to what you owed then. By missing a payment - for whatever reason - they then class this as a broken arrangement whether you pay or not - this in turn triggers a visit fee of £235 which will now be added to what you owe. Fighting it with the enforcement co will be like hitting your head off a brick wall & would hazard a guess the Councils attitude will be "tough". Try getting your local Councillor involved and in particular remind him/her that the Council are very much responsible for the actions of their contractors. http://www.writetothem.com


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Yes both those costs have already been added which those alone more than doubled what we originally owed to the council. I have continued to make my payments that I'd agreed to initially and they can see that so why the constant threats of attending again? I've I'd have stopped paying completely it's understandable but I haven't and have never missed a payment since

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How much was the Liability Order the Council obtained? What they are hoping for is that they can gain access or Take Control of Goods outside - car perhaps, so that next time they can remove it and then add extra charges.


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Original amount owed to the council was £222.0. we now owe £190.01 so clearly they can see we've nearby paid it off.

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Original amount owed to the council was £222.0. we now owe £190.01 so clearly they can see we've nearby paid it off.

 

 

 

 

 

 

 

 

Thank you for that. Do you know how much you have paid to date? When the arrangement was originally set up did they confirm it in writing? How much do you pay per week?


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To date we have paid them £342.00 which is more than the original debt to the council. The council tell me they haven't received all of the money yet as Jacobs take out their fees first before sending any money over to council. We pay £30 a week. Yes I believe they did but can't lay may my hands on it just yet to confirm

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Many thanks for providing that. Taking their fees out first - £310 - shows you have only paid some £32 towards the debt, each payment you make will probably take 2 weeks to be forwarded to the Council which is why it always show as lagging.


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And that's crazy and we've already paid more than the original debt. Just frustrating that we still pay every week and they're still harassing us even when they know they can't come and remove any goods as they haven't taken control of any

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Just make sure nothing of value outside especially a car or motorbike


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That's the system I'm afraid, penalise those further who have not been able to pay in the first place.


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In the meantime I have asked someone else to have a look in case they can help further.


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Many thanks I have just spoken with the council and they've given me a list of all the payments they have received so far which totals £161.57. originally order was for 267.01.

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After some advice please

 

I made a payment plan with Jacobs bailiffs for council tax debt back in aug, I missed 1 payment in sept but doubled up the following week.

 

To cut a long story short after I was late paying I received a letter saying the payment plan was no longer in place.

 

I've had several bailiff visits and I've not opened the door but I have continued to make my weekly payments with fail every week.

 

I have continued to receive letters and texts saying removal action is imminent and today another text saying the removal team will attend today between 6am and 9pm.

 

I don't understand why they continue to hassle me when I am still making my weekly payments. .

 

I have never liked weekly payment arrangements for exactly the reason that you have highlighted.

 

In the first instance, we need to take on board that it was not until 2014 that bailiffs were encouraged by the government to accept payment arrangements. If a payment arrangement is agreed, then it is the responsibility of the debtor to ENSURE that their agreed payment is made by the agreed date. If it is the case that for one reason for another ,payment cannot be made on the agreed date, then the debtor should contact the enforcement company in ADVANCE. If you had done that and had paid the missing payment the following week (together with your usual weekly payment) then I would have expected the payment arrangement to continue to be in place.

 

You need to also take on board that when the regulations were overhauled in 2014, all enforcement companies had to make huge adjustments to their computer systems to manage 'payment arrangements' and deal with 'pro rata' distribution of payments. This would have included computer programmes recognising payment arrangements that had defaulted (such as yours). In this respect, the computer system would cancel the arrangement and the relevant account would automatically progress to the 'enforcement stage' (which is exactly what has happened in your case).

 

When a case progresses to the 'enforcement stage' the the position changes in that the PURPOSE of the visit will be to 'take control of goods' (usually a motor vehicle). There is also the added problem in that an 'enforcement fee' of £235 is applied.

 

As you do not have a vehicle and are not minded to let the bailiff into your home, there is actually very little that the enforcement company can do. The bailiff would still be able to make a personal visit to your home and 'reminder' letters can continue to be sent. Please be assured though that no further fees can now be added.

 

The Removal Notice is computer generated and I would not worry unduly any further.

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Many thanks I have just spoken with the council and they've given me a list of all the payments they have received so far which totals £161.57. originally order was for 267.01.

 

Hi

 

You have my sympathies, you seem to be being hindered in paying your debt rather than helped.

 

If you have the amount paid between the first notice from the bailiff and his first visit we can work out exactly what you should owe.


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