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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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Hi all..... I just don't know what to do... received a summons today for non payment of Council Tax.

It's in both mine and my husband's name and although we live together we also live quite separately, and don't share a bedroom or anything ... we have separate finances, but, on account that I only get a State pension of £306 a month, he pays most of the bills.

He has a State Pension, a small private pension and he works part time... he gets about £2k a month.

Years ago, we had a joint bank account, and I made sure the bills were paid on time... but now I don't even have access to his account so don't know what's been paid or what hasn't until the (unpaid) bills drop through the letterbox.

Anyway, as I said, we are jointly responsible for the council tax on our rented property, and have been summonsed to appear at court as he apparently didn't pay the last 2 installments.

He doesn't seem to worry about such things but I am at my wits end and suffer from anxiety... I don't want to be someone who is being chased for money all the time.

Do I have any defence at court if I state that I am unable to pay? It's not my fault that I receive such a small pension... I had to take part time jobs years ago so that I could look after my children. I have no other money or savings... I don't see what I can do to avoid a criminal record.

I hope someone can help, please...

 

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Its simply a liability order

you dont need to defend nor attend

get it sorted with the council before they send bailiffs

but even if they do..they have no right of forced entry

read a few ctax threads on cag..youll soon get the idea


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Thread moved to the appropriate forum...please continue to post here to your thread.

 

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Do I have any defence at court if I state that I am unable to pay?

No - the simple question that the court considers is whether or not the money has been correctly demanded, the reason why it hasn't been paid is immaterial to the court.

Quote

I don't see what I can do to avoid a criminal record.

Although dealt with by the Magistrates' court it is a civil case not a criminal case.

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tnx SS missed the bit about criminal..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Hmmm... I thought non payment of tax was criminal... my mistake!

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Thanks very much for replies to my post.

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No need to worry about a criminal record, I would ring up and try to sort it out with the council.

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9 hours ago, Dookist said:

Hmmm... I thought non payment of tax was criminal... my mistake!

It's because it's one of the few civil cases still dealt with in the Magistrates' court- from the Magistrates side it's dealt with under Part2 of the MCA 1980 (Civil Jurisdiction & Procedure). Council Tax is a strange amalgam of civil law with some aspects more akin to criminal law thrown in (i.e jail for non-payment). As an aside the fact it's civil has caused major issues in the past in respect of disputing decisions of the court as s142 of the MCA 1980 (power to re-open cases) was deemed to be only applicable to magistrate's criminal cases - it was eventually ruled that the courts have a common law power to re-open a case if needed irrespective of their being no statutory power.

 

 

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6 hours ago, ss002d6252 said:

It's because it's one of the few civil cases still dealt with in the Magistrates' court- from the Magistrates side it's dealt with under Part2 of the MCA 1980 (Civil Jurisdiction & Procedure). Council Tax is a strange amalgam of civil law with some aspects more akin to criminal law thrown in (i.e jail for non-payment). As an aside the fact it's civil has caused major issues in the past in respect of disputing decisions of the court as s142 of the MCA 1980 (power to re-open cases) was deemed to be only applicable to magistrate's criminal cases - it was eventually ruled that the courts have a common law power to re-open a case if needed irrespective of their being no statutory power.

 

Now I'm very confused... so you can still go to jail for non payment, but imprisonment doesn't result in a criminal record?

Is it the same for the TV licence... that's a tax, too, isn't it?

 

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11 hours ago, London1971 said:

No need to worry about a criminal record, I would ring up and try to sort it out with the council.

Will do... I think he is just confused... when I was in charge of our finances many years ago, everything was paid by Direct Debit... but he refuses to do this, so it gets overlooked all the time... it's not as if they send a reminder or anything...

If only he would agree to a joint bank account and let me pay the bills, we wouldn't have all this stress... It really does make me ill and causes anxiety...

I definitely don't want to go to court...

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You will not go to jail for non payment, end of story.

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Posted (edited)

It is important that you get in touch with the council before Bailiffs are instructed, as the bailiff fees can inflate the debt sometimes exponentially. The next correspondence you receive will usually be from them. This will include their first stage enforcement fee of £75.

An ideal plan would be to negotiate a small sum to repay the LO together with ongoing payments of the current liabilities. I am afraid you are going to have to tackle your husband and remind him that this is a priority debt, even if the matter does not progress to committal.  

Edited by Dodgeball
spell

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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On 3/2/2019 at 6:06 PM, Dookist said:

It's because it's one of the few civil cases still dealt with in the Magistrates' court- from the Magistrates side it's dealt with under Part2 of the MCA 1980 (Civil Jurisdiction & Procedure). Council Tax is a strange amalgam of civil law with some aspects more akin to criminal law thrown in (i.e jail for non-payment). As an aside the fact it's civil has caused major issues in the past in respect of disputing decisions of the court as s142 of the MCA 1980 (power to re-open cases) was deemed to be only applicable to magistrate's criminal cases - it was eventually ruled that the courts have a common law power to re-open a case if needed irrespective of their being no statutory power.

 

Now I'm very confused... so you can still go to jail for non payment, but imprisonment doesn't result in a criminal record?

 

One of the odd features that further confuses people - you can be jailed for an offence that isn't actually a criminal offence and doesn't give a criminal record.  It's because council tax has it's own odd amalgam of legislation.

Quote

Is it the same for the TV licence... that's a tax, too, isn't it?

TV Licence evasion is specifically legislated for as a criminal offence.

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Posted (edited)

An important point is that you cannot be committed for having insufficient funds and therefore being unable to pay. It must be that the debtor had the funds, but decided not to pay, or purposefully disregarded the courts order to pay.

The court must therefore conduct investigations into the debtors resources before any sentence can be passed. We must support the allusion that no one in this country can be incarcerated for being poor.

Edited by Dodgeball
illusion or allusion could be either i siuppose

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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Which is why only 62 people went to prison for Council tax non payment in 2016/2017. Out of all the hundreds of thousands of people in arrears.

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Conviction for non-payment requires that culpable neglect or wilful refusal be found. In real terms the OP doesn't get anywhere near meeting that with a competent bench.

 

In April 16 to July 17 there were 95 warrants of commitment issued but there had been 134 suspended orders made against those 95 people first - so some had at least 2 suspended orders. The number of people convicted and who are never jailed will be a good bit higher. Many councils are very reluctant to use committal, even against debtors owing tens of thousands of pounds. If councils decided to make full use of committal applications the number of convictions would rocket.

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Thank you very much for the posts... the law surrounding council tax arrears is quite complicated.... we only owe 3 months and will scrape together enough money to pay...

A few months ago, we were told by DWP that we were entitled to a discount on Council Tax and Housing Benefit as our income fell below that needed to cover essentials... we are both 66 and only had our pensions...but my husband, who has never missed a day's work in his life, would not agree to accepting benefits, and went out and got a part time job, so I doubt we are entitled to anything now.

Not sure if the fact that we were entitled to a discount, but chose to live on our savings, (even though we had less than £5k saved), would cut it at court, though...

We will be sofa surfing in 3 weeks time as we can no longer afford to pay the rent and have given notice.

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What help options have you explored in terms of your housing situation?

CAB?

Shelter?

Contact your local Councillor about the council tax in light of your housing situation, you might be on the priority housing list.  There must be options? Other than 2 people who have worked their whole lives, sofa surfing.

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On 3/3/2019 at 10:20 PM, Dodgeball said:

An important point is that you cannot be committed for having insufficient funds and therefore being unable to pay. It must be that the debtor had the funds, but decided not to pay, or purposefully disregarded the courts order to pay.

The court must therefore conduct investigations into the debtors resources before any sentence can be passed. We must support the allusion that no one in this country can be incarcerated for being poor.

Ahhh... well, they could look at the finances but wouldn't find any money...

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1 hour ago, London1971 said:

What help options have you explored in terms of your housing situation?

CAB?

Shelter?

Contact your local Councillor about the council tax in light of your housing situation, you might be on the priority housing list.  There must be options? Other than 2 people who have worked their whole lives, sofa surfing.

 

I contacted the DWP and they sent me a form to fill in... they said we were entitled to a large discount for rent and council tax... the problem is my husband who chose to get a job instead of signing the form... we could have stayed here in our rented home, but he has made us homeless by refusing benefits... there's nothing I can do now, unfortunately. We are unlikely to be rehoused by the council because they will say we have made ourselves homeless... I'm just sick with worry...

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I've had these letters a couple of times. I just call up and set up an installment arrangement and that's the end of it.

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