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    • Done.   I wont be able to send the SAR until the end of the month for TT as I wont get paid until then and I'm a little out of pocket as its my first month working after a spell of no work. Wil that be an issue?
    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types 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 and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which 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.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
  • Our picks

    • 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 all, first time poster so please bear with me and i will do my best to make sense.

 

I moved in to my current property in October,

in December I received two letters regrding non payment of council tax for my previous property informing me that a liability order had been made against me in June 2016 and June 2017 and that all their efforts including council enforcement officers had failed and they were looking at getting an attatchment of earnings.

I ignored the letters as i was happy for them to have an attatchment of earnings.

 

After speaking with my work I discovered that an atttchment of earnings for both the letters had been obtained (and sure enough money was deducted from January so all well and good I thought)

 

However when I returned home yesterday there was a "control of goods" letter through my door (the letter is dated a week agao)

- hand delivered (plese see attatchment)

 

I called the council and this is wht i have discovered

- I have 5 liability orders against me!

 

2014 (attatchment of earnings)

2015 (attachment of earnings)

2016 (set monthly plan up)

2017 (set monthly plan up)

2018 (Newlyns) liability order June 18

 

I am told for the Newlyns I have to deal with them directly.

After doing some reading I believe I should of received some form of correspndance from Newlyns before a control of goods letter ie notice of enforcement etc

 

obviously with the letter through my door it has more than doubled the amount of the originl debt.

 

I know not to let them in and they cant take anything etc

(Only have my partners car on the driveway which is registered and owned by her fathers business)

 

I am hoping for some advice on what to do now regarding the Newlys letter

 

Sorry it was long winded,

I was trying to give as much detail as I could

 

the debt is for a property I lived at on my own and I have only lived with my partner since November 2018 in a new property

- not sure if that is relevent but thought i best add it

 

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as you've so many it might be a mute point but..

are the council aware of your correct address?

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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Newlyn posted the letter to my current address

 

the letter has my current address on it in the top left and the "property detials" for the debt are my previous address (which is where the debt is for)

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would i be right in thinking that due to them tracing me to my new address tht that proves they havent given me notice of enforcement, as in, if they found out i hve new ddress then they cnt argue they unknowingly sent it to a previous address and tht notice of enforcement is still valid?

re they not in breach of the following?

 

 

Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

 

(1)An enforcement agent may not take control of goods unless the debtor has been given notice.

 

 

 

Regulation 6(1) of the Taking Control of Goods Regulations 2013 states;

 

 

 

Minimum period of notice

 

6.—(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods

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traced you afterwards when they got no response

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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should they not have sent a notice of enforcemnt or some other form of correspondance to my new address (which they clearly have) before just turning up with a control of goods letter?

 

whats my options regrding this

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If they didn't know your new address than they are OK sending correspondence and bailiffs to your last known address.

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

 

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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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Eveidently they know my new address as they posted a control of goods letter through the door yesterday (dated 3/1/19)

So surely tracing me to my new residance means they have that address to send correspondence to given a lack of reply frok correspondence that may have sent to previous address.

Seems to me they've just rocked up and posted a control of goods letter through the door and that's all I have and the letter itself looks like a template I could knock up.

 

So I have no options as they've followed the correct procedures even though this is first contact I've had from them?

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the notice of enforcement is sent to the last known address that the council had for you.

that gives you 7 days to do 'something' else thre bailiffs think its £75 fee is added to the debt.

 

then without a response they will trace you and pers serve the above that costs £235 = total fees they can add is £310

I think they have to serve NOA to correct address?

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

The above info is incorrect.

 

The council are only obliged to send correspondance to your last known address.

 

However, the bailiff must send correspondance to your present address. Until they have served a NOE to your present address and given you seven clear days, they cannot move onto the enforcement stage.

 

Can you confirm whether a NOE letter with a £75 charge has ever been sent to your present address?

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The only correspondence I have had from Newyn is the control of goods letter through the door yesterday nothing else (except a text tonight saying "You IGNORED our Removal Notice the REMOVAL UNIT is operating in **** ***. Call NEWLYN NOW on 01604633001 to arrange. Ref: *******")

 

I had two letters in December to my present address from the council so they obviously have this address as my last known address.

 

The charges must total £353.43 as that is the difference between what the council told me the debt amount is and the total on the newlyn letter

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In that case the bailiff cannot charge the £235 enforcement fee. My suggestion is to get on to the council tomorrow, explain that the bailiff has added the enforcement stage fee without giving you a notice of enforcement. You suspect that they sent it to your previous address but legislation is clear in that it must be sent to your usual address. The legislation is the Taking Control of Goods Regulation 2013 part 8(1):

 

8.—(1) Notice of enforcement must be given—

 

(a) by post addressed to the debtor at the place, or one of the places, where the debtor usually lives or carries on a trade or business;

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Thanks, i will compose some dort of letter for the council.

I am however concerned this baliff will rock up when I am at work and my partne/kids are home.

 

Can i mke the baliffs bck off given the situation with the letters or lack of letters etc

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Hide any car, keep all doors locked and tell your wife not to let the bailiff in he might claim he as a right to force entry, not so for Council Tax.

We could do with some help from you.

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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!

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From elsewhere:

Different enforcement address

 

If after an initial attendance, the debtor is found to have moved to a different address, enforcement can take place at that address, provided a new notice of enforcement (NoE) is sent to the debtor there.

 

If the creditor has reason to believe that the debtor may have moved, it may be worthwhile undertaking a trace before starting enforcement action, so that the NoE is sent to the correct address first time round.

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yes..as I thought, thanks to RT

 

as I said..

 

With council tax enforcement, a local authority are required to use the 'last known' address.

Did you notify the local authority of your forwarding address when you moved in october?

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

the local authority which i assume is the council wrote to me at my current address at the beginnin of December.

Newlyns posted by hand a letter 8th January (dated 2nd january)

 

As i registred on the electrol role and registered the council tx for this property in October I assume that counts as informinmg them of my forwarding address.

 

I don't understand why they can claim its ok to post the NOE (IF THEY DID) to my previous address when it is clear they both have my bew address as they have both used it to deliver correspondance

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good you have proof. [assuming current and then councils are the same?]

now use it to your advantage.

poss even a complaint straight to the council ceo if your council ctax dept is run by capita .

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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forgive my naivity but a complaint about what exactly?

tbh i thought i would need to contct newlyn as a priority given tht they have said they will return and i dont wnt the kids scaring etc

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