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    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. 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. I confirm that the above facts and statements are true to the best of my knowledge and recollection.
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Hello,

 

a couple of days ago I had two HCEOs barge into our home around 7am demanding money or they would be removing goods.

Not having experienced anything like this before I just panicked and paid whatever they said.

 

I've just found this forum and have been reading the posts here.

From some of these earlier posts, it appears that this firm of HCEOs are well known for charging all the fees in one go which they did to me as well.

 

Does anyone here have any advice or suggestions as to the strength of my case?

 

This is what happened:-

 

First off, I was aware of the debt and do not dispute that I owe it.

It's not council tax or anything but a private individual that I owe the money to, I've been attempting to agree a repayment schedule with them but they declined my offers and the next thing I know the HCEOs turn up.

 

I have just made a subject access request to see exactly what data they have on me.

 

From reading the section on vulnerability I believe that I have a strong case to be described as vulnerable (I don't want to go into details as it may identify me).

 

They never sent a Notice of Enforcement.

 

When they turned up they initially demanded an amount of money that, now I have had time to read up on this, I now realise included both the Stage1 and Stage 2 enforcement fees.

 

I tried to pay this via credit card a couple of times but that was blocked (I later got a phone call from my cc company as they thought it was a possible fraud).

 

I then told them that I could contact a family member and they could get cash out of the bank when it opened.

They agreed to this but said that the fee had just gone up.

I now understand that this extra fee was the Stage Sale fee.

 

Eventually they got their money and left.

While they were in my home they just looked around the place and said that there was nothing really of value

(at that time I wasn't aware that certain goods were exempt and I thought they were going to take all my furniture).

 

I would welcome some advice on this and I also have a couple of questions.

 

My two extra questions are,

firstly,

what exactly does "taking control" actually involve?

At no time did they try to secure any of my property,

they did not write anything down,

they simply started walking around the home opening all the cupboards etc.

 

Secondly, I read on another thread here:-

 

The bailiff is also required to keep a record of the time that the notice was sent (posted).

 

With the exception of just a couple of smaller companies, all others use the same mailing firm and their software provides the time that notices are sent.

 

Is this something that will show up as part of my Subject Access Request?

Edited by tonyton

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why did you let them in?

there is no right of entry?

 

did they barge passed you?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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did they barge passed you?

 

No, I went to get my glasses to read the documents and when I stepped away from the door they just walked in

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opps 1st big mistake..

why say they barged passed you then?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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opps 1st big mistake..

why say they barged passed you then?

 

I'm a bit confused? I didn't say that. I said "they barged in"

 

Yes, I know now that I should have shut the door and locked it while I went to get my glasses, but as soon as I turned my back they simply walked into the house - that's what I meant by barging in.

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How much was your initial CCJ for and when was it granted?

How much did you end up paying them?

The good thing about paying in full is that you are not in danger from the knock at the door and can take your time collating all the info you may require.

 

If submitting a SAR then make sure you request in particular:

a - the fees that have been charged, the time they were charged for and for what reason

b - a copy of any Body Worn Video including audio

Edited by dx100uk
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How much was your initial CCJ for and when was it granted? How much did you end up paying them?

 

It's from four months ago. I don't really want to be specific about the amounts but it was slightly under £2k and the total fees came to about the same amount.

 

 

The good thing about paying in full is that you are not in danger from the knock at the door and can take your time collating all the info you may require.

 

If submitting a SAR then make sure you request in particular:

a - the fees that have been charged, the time they were charged for and for what reason

b - a copy of any Body Worn Video including audio

 

Yes, it's a small comfort.

 

I've requested details of the fees and camera footage, but I didn't ask for a break down of the times that they were charged.

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Approximations are fine. Let's see what they come back with. Were you left any documents?


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Hello,

 

This is what happened:-

 

First off, I was aware of the debt and do not dispute that I owe it.

It's not council tax or anything but a private individual that I owe the money to, I've been attempting to agree a repayment schedule with them but they declined my offers and the next thing I know the HCEOs turn up.

 

From reading the section on vulnerability I believe that I have a strong case to be described as vulnerable (I don't want to go into details as it may identify me).

 

They never sent a Notice of Enforcement.

 

If this is the company that I think it is, I cannot tell you how many times I hear the exact same comment about the lack of a Notice of Enforcement. If it is the same company, a recent High Court judgment ruled that the absence of the Notice of Enforcement was down the the fact that the company had FAILED to send the notice. Nothing can be more serious. I will copy the relevant extract from the Judgment later this afternoon.

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Were you left any documents?

 

They left two pieces of paper showing the two different amounts of money they wanted (as I mentioned above) and a receipt showing the total amount that I had paid in cash

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pieces of paper?

no document numbers or titles on them?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I will copy the relevant extract from the Judgment later this afternoon.

 

Thank you very much for that. Is the judgment available on bailii?

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pieces of paper?

no document numbers or tittles on them?

 

OK, I've just got them.

 

One says "Action Taken" and there is a tick box for "entered premises" with a time of 7am

 

The next says "Notice after entry or taking control of goods (on a highway) and inventory of goods taken into control" which shows the enforcement fees for stage 1 and stage 2 added together as one fee. There is no time on this.

 

The next says "Notice that goods have been removed for storage or sale". It then goes on to say "This is to tell you that I have removed the goods listed at the back of the notice to secure storage or for sale" but there is nothing listed on the back. This also adds the Sale Stage fee and is timed at 7:15am

 

Then there is "Payment Receipt" for the amount paid in cash.

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At any time during the visit, was an inventory of goods listed down?

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If no inventory, how can they add the Sales Fee? Is this DCBL by any chance with the supervising HCEO in absentia?


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At any time during the visit, was an inventory of goods listed down?

 

No, nothing at all. and as I say, when I looked at the forms in more detail they entered the premises at 7:00am and by 7:15am they were charging the Sales Fee after my credit card payment had been blocked.

 

 

 

Is this DCBL by any chance with the supervising HCEO in absentia?

 

I don't like to names names in case it identifies me in any way but, as the old saying goes, if it looks like a duck ...

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Well I think we all guessed who it was from Post 1 as it is the MO of that company.


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No, nothing at all. and as I say, when I looked at the forms in more detail they entered the premises at 7:00am and by 7:15am they were charging the Sales Fee after my credit card payment had been blocked

 

There can be no possibility that you could in any way be liable to be charged ALL fees at the same visit. The agent himself even went as far as to confirm that you do not appear to have sufficient goods to remove. This is clear enough evidence that the 'Sale Stage' fee should never have been applied.

 

This madness regarding the fees charged for enforcing these judgments and more importantly; the manner in which this particular company 'front load' their fees and esclate to 'sale stage' at the drop of a hat NEEDS TO STOP. If it doesn't then all other companies enforcing High Court judgments are going to be tarred with the same brush.

Edited by Andyorch
Edited

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Hello,

 

As you asked, I have outlined my experience on that link that you sent me for the Ministry of Justice. I'm happy to do my bit to help.

 

As to next steps, I'll wait until I get the reply to my SAR back. But can anyone give me advice on the next steps? Is it through the County Court or do I need to go to the High Court?

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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 The National Consumer Service

 

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If this is the company that I think it is, I cannot tell you how many times I hear the exact same comment about the lack of a Notice of Enforcement. If it is the same company, a recent High Court judgment ruled that the absence of the Notice of Enforcement was down the the fact that the company had FAILED to send the notice. Nothing can be more serious. I will copy the relevant extract from the Judgment later this afternoon.

 

The following is an extract from the above mentioned High Court judgment:

 

It is alleged that DCBL exceeded their enforcement powers by unlawfully seizing first a van and then a powerboat. Proper procedures were, it is said, not followed in respect of either seizure and, in the case of the powerboat, it is said that the boat did not even belong to the judgment debtor. It is said that these wrongful acts were compounded by the presence of a TV crew from a company called Brinkworth Films Limited, filming for the series "Can't Pay? We'll take it away".

 

On behalf of the claimants, I heard evidence from Mr S and his wife, from the third claimant, Mr H who, with the fourth claimant, Mr Davis, claims to be a co-owner of the boat. I heard from Mr W who was present when the van was seized, and I read a witness statement from Ms H who worked on the reception desk of the boat park from which the boat was seized. For the second and third defendants I heard from Ms M, who is an in-house solicitor in the employment of DCBL.

 

Remarkably, there was no evidence from the enforcement agents who carried out the seizures. Nor was there any evidence from the manager directly in charge of these agents, who I understand to have been Mr W

 

The facts

 

I will first set out the facts as they are agreed or as I find them to be. The fact-finding exercise begins with the notice of enforcement. DCBL use a software package called “Ethos” or “My Ethos”. As I understand it, this system generates the documents necessary to progress debt recovery and allows a record to be made of the steps taken, (though the complete record in this case has never been disclosed).

 

On 17 May 2017, a Notice of Enforcement addressed to xxxxx at its business address was generated. Ms M's evidence was that it was sent by first-class post. But there is no documentary evidence at all to support that. Ms Miah did not personally post the notice. Although Ethos is capable of generating reports, no report attesting to postage was produced. The evidence that it was posted was based on Ms M's understanding of how the system worked in normal practice.

 

The paucity of evidence was very surprising given that the giving of notice is, by paragraph 7 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, a prerequisite to taking control of goods and that paragraph stipulates that the enforcement agent must keep a record of the date and time when the notice is given.

 

Both Mr and Mrs S'd denied ever seeing this Notice of Enforcement and there are two reasons why I find that it was never sent.

 

The first I have already alluded to. The means to demonstrate the sending of the Notice of Enforcement lay within DCBL's power and it was indeed absolutely incumbent upon them to prove this matter. But they failed to do so. I would add that their numerous further failings in the observance of proper and lawful procedures, which I will presently come to, do not inspire me with confidence that the Notice of Enforcement was sent.

 

Second, Mr S scrupulously produced every document that they received from DCBL and their solicitor, Mr J, visited their business premises in order to satisfy himself that he had been given everything relevant.

 

If I can say this without impertinence or disrespect, the Slocombes struck me as unsophisticated and artless people who would neither have suppressed the document nor seen any advantage to themselves in doing so.

 

Given Mr S's somewhat unwise and unreasonable stance in relation to the judgment debt, it is perfectly possible that, if the Notice had arrived, he would have ignored it. But that does not demonstrate that it did arrive.

 

On the balance of probabilities, I find that it did not arrive and that is because it was never sent.

Edited by Bailiff Advice

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Interestingly looks like Ethos is a free accounting package http://www.ethosaccounting.com/


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!

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A case of a step to far by DCBL.

 

I think they were getting far to blaze about the Notice of Enforcement issue, nice to see them get bit on the bum.

 

The law said that the first part of successful "delivery" process was for the creditor/bailiff to show that the notice "was sent "on the balance of probabilities.

 

The second part, for the debtor to show the notice was not received to be able to challenge.

 

Future litigants should take heart. In that the judge may ask the creditor to justify his claim in future claims.


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Thank you very much for this. Do you happen to have the case citation by any chance?

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Thank you very much for this. Do you happen to have the case citation by any chance?

Sorry

I would love to but currently am unable, it should be publicly available soon if it isn't already.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

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

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