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    • ouch you really have been flying kites here and letting the claimant control things. it is worrying that the sheriff has tried several times to nail you about this (factious) payment,  but its also lucky and interesting to see he has not shut the door on your new issues . typically the situation you see yourself in, is one that we put the claimant in by our std defence (that you are reading now)    i think a bit of crawling is now in order( for want of another word) and it needs to be made 1000% clear to the sheriff ( even if by a little white lie) that it transpires there most probably never was any settlement made to HBOS by the ex   some vague explanation that he has confirmed he never did, and bring in the fact that he is a currently deployed by the UK military forces abroad we believe and communication has been to put it politely very difficult due to the nature of his deployment..it might also now be time to mention the mental issue ( with proof) , your daughter suffers from and how these obviously contributed to the situation and p'haps of being thus exploited by the EX whom if one were to be honest m'lud, is a bit of what someone would describe 'as a rouge'.   then your defence focus needs to switch to  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. © Provide a breakdown of the excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   particularly a.b.c. explaining in concise but brief detail why each if not produced , is fatal to any enforcement of an OD debt claim   have you yet included  The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   in anything to the court to date.        
    • Re a possible s75 claim - is your Amex card a credit card?  I ask because it certainly used* to be the case that some American Express cards, although commonly described as credit cards, were actually charge cards (where you had to pay the whole of the outstanding balance at the end of the month) and were not credit cards - and therefore not eligible for s75 claims.   *  I suspect that these days all AmEx are credit cards, but you might want to check to be sure.  If it isn't a credit card you might want to consider what you use it for.
    • In reply to your earlier message, the payments were made regularly to the S/C and A/C that I provided.  The payment was always made to this account for the card using the PAN number, however the error payment was made without any reference to the same. Lloyds bank changed the reference number from the PAN of the card to 2686XXXX not sure who changed it to this if it was Lloyds or Lowell or when it was changed.  Then subsequently Lowell changed the A/C number again to their one that they quoted on the POC.    All I can ascertain is that the payment was made from Santander to the A/C above in error but after Lloyds had sold the Debt and Assigned it elsewhere. However, according to Santander the payment was made with no REF number sent with the payment.   I also received the order from the court yesterday which I have attached. There are several items that the court is asking to have for the hearing but haven’t had anything from the Claimant.   What is the best next course of action as the court is asking that we attempt to resolve this before the hearing?   Court Order.pdf
    • Car value apparently £2200. ( post #3 )   Car hire possibly £3000.   Wonder why the third party Insurers Admiral are refusing liability to pay !   Not sure ths is really about who is at fault for the accident, but is more to do with AX and their expensive courtesy car.   Pretty sure this claim would have been settled by Admiral, had the Sister dealt with this claim not using AX.   Think that a complaint to AX should be made, but possibly after sending them an SAR to request all information including any phone call recording where any courtesy car was discussed.    
    • Hi again, just a quick update.   The collection has been arranged for tomorrow, 6th March, the refund will apparently be processed after collection is done and should be completed within 5 working days.   Will let you know when it's completed...    
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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
      • 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
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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.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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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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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.

 

 

 

 

 

 

 

 

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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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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BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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