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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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whiteadder

Received a Red Letter for Council Tax but no Previous Letters Requesting Payment?

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Received a demand notice for council tax today, demanding some payment by Monday!!! or I will lose my right to pay in installments etc...

 

I am dealing with arrears and was awaiting a bill from the council regarding this years council tax so I could renogotiate with the debt collectors.

 

But I didn't receive anything!

 

So I managed to speak to someone today by phone and email and they are both say they wont accept my offer of a 12 month payment structure UNLESS I SET UP A Direct Debit.

 

I'm (probably) going to set that up next week and (probably) going to pay them an installment this weekend, however I would like to know what rights I have with regards to this; if there are any possible laws I could pull out of somewhere that I could potentially use to write off my debt to the council for this year on grounds of something?

 

I have told them by email they are in no position to demand anything from me at this point, because I never received any letter asking for payment in the first instance (which I would assume legally negates any power they can exercise through the current final demand letter they just sent me). I told them either accept my offer (pending any further arrangment for payment) or I will assume that I owe them nothing for this year.

 

I can't prove I didn'r receive the letter though, but I honestly didn't. They can't prove I did receive it either.

 

So my question is (pending any further payments and negotiations) is there a nice little legal loophole I can use to get out of paying council tax for this year on the above grounds?

 

I guess not (probably) but worth a punt anyway.

 

 

 

 

 

 

 

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Council Tax starts up again from 1st April every year and Council send out a Council Tax bill about 2 weeks before this.  

 

If you don't arrange monthly payment in April, Councils can ask for the full years amount. 

 

Just because you say you did not receive the bill does not mean that you do not owe it. If they took this to Court they would just state that it was posted on x date. They don't have to prove sending it out or it being delivered.  No point fighting this, as Councils tend to hold all of the cards. 

 

I pay my Council Tax online on my Councils website each month, as I don't like having too many Direct Debits. 

 

Suggest that you make a payment for the first month if you can and deal with any issues with the Council afterwards.


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I was waiting for the letter but wasn't sure when it would arrive because in previous years I've just ignored the letters and left them unopened.

 

I am going to deal with this, but let's just say I'm get tired of being sent threatening letters for payment of something before I even get a flipping chance to pay it, and wish to stand up to the establishment in whatever small way I can.

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I think there is some law somewhere that means that a company / authority are unable to restrict payment methods and a lot of companies make (DCAs especially)  many payment methods available. 

Why not raise a formal complaint in writing to the council and get everything clarified? 

 

 

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Posted (edited)

 

Quote

So I managed to speak to someone today by phone and email and they are both say they wont accept my offer of a 12 month payment structure UNLESS I SET UP A Direct Debit. 

Assuming you're in England then they cannot refuse the change to 12 instalments (pro rata) unless you've already lost the right to pay by instalments. Legislation does not provide for a restriction to any particular payment method -  if it was to be restricted it would have been provided for in the relevant schedule to the Admin & Enforcement Regulations.

Edited by ss002d6252

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