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    • Indeed...it was suspicously cheap though.
    • Why would they offer a Tomlin Order? Surely they would only do that if they weren't 100% it was going to be a win... They reclaim their costs from the debtor if successful?  
    • I'm struggling to see how to win this one, especially now after looking at the other thread.   Is it too late to go back to our original dispute that they kept adding late payment charges even though they was successfully taking the minimum payment by direct debit?   Reckon they would accept 50% as full and final settlement now, as opposed to £1 a month forever?
    • Okay so this is an interesting case. A lot of the current banks dont understand the indepths concepts of Cryptocurrency and most transactions are viewed as being High Risk. Its sort of like the Ebay Chargeback [problem] of yesteryear... But more up to date.    So have TSB verified 100% that you are an innocent party in all of this? My concern here is that you may end up having a black marker put against your name.  This is known as a CIFAS Marker and you must get confirmation from TSB that you will not have one put against you otherwise you will have a very bad time.   I would suggest an email to the CEO's team - They cant override the Fraud / Chargeback team but if the money is yours and it passes all of their KYC Checks then there should be no issue. Let them close your account and find another bank who do want you. Also after the complaint has been had - You should refer this to the Financial Ombudsman Service as the way the bank have treated you is unfair IMHO.    They have T&Cs that allow them to close your account at any time but it has to be fair - IE Breaching KYC Checks / Fraud / Court Action... Etc Also I wonder if reaching out to the papers might be an option.    @BankFodder - Any idea?    Legal action might also be in the question if you are shortchanged by TSB and considering their precarious situation last year with the IT Fiasco - They are on shaky ground.  
    • Difficult to say however you can most certainly attempt a chargeback with Nationwide.  Call 01793657689 and it should put you through to phone banking. They may reject the chargeback which is completely in their rights to do so.  You've spent the money on this so its not exactly unauthorised but at the same time - Paypal and Nationwide should have failsafes in place to stop this.    IF you are finding it difficult - Can I suggest Monzo as an alternative if things go south with Nationwide? I am with them full time - I dont gamble but i think it could be beneficial in your case - It will also give you a backup account if you need it   https://monzo.com/blog/2018/06/19/gambling-block-self-exclusion/
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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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so what..

you really think  a bailiff is gonna enter a front? garden where kids are playing..

you need to stop putting things that are really irrelevant and your own pers fears to the background and  deal with the issues you have with the ctax debts. and the other debts you appear to have suffered like eviction threats etc..

stop thinking there are magic bullets out there when you've never really investigated things to a conclusion..

 

dx

 

 


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Im not even sure I owe the debt anyway that is being dealt with

im sure this wouldnt of been the first time id heard about it if it was all as it seemed.

 

why has this 'council tax debt' not been chased after before now?

 

Why 12-14 years later?

 

ps: Its not front garden im talking about its the back.

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then exactly what ive said then..

back garden makes no odds.

you are seriously making all these issues 1000 times worse but bringing in your own fears about this and that ..that don't apply at all.

old wives tales.

 

as for why they are chasing 12-14yrs later ...because they can and they are short of cash as the gov't is cutting £1Ms a day to councils..but..the staff and paperwork and TIME taken far outweighs what they ever get back..as you point out in your case..debt shouldn't exist.

 

above BA hinted at what someone should have advised

 

i'll post the check list of things to do a bit later

  • Like 1

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2 hours ago, London1971 said:

I'm not so sure, especially if he pushes via the local councillor route, or even if his MP get's involved.  A note from a medical professional explaining symptoms, medications makes a huge difference, plus the OP is on income support.

 

I think if he does this he can have the debt handed back to the council, maybe on a token payment plan for 6 months.

 

Councils are very wary of pushing families over the edge, it's a hell of a lot cheaper for them to take a hit on the council tax than be forced to re house an evicted family, because they can't pay their rent.  

 

 

5

Oh, you can be sure, bailiffs only recognise the vulnerability of the debtor, and that's it.

 

Authorities can withdraw warrants of course, and in certain circumstances they do.

 

I think we are talking about different things.


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1 hour ago, mamt35 said:

Yes I know, but my house often has doors open, I really don't want all the hassle of looking over my shoulder. My house is my childrens place of education too, they go in the garden etc. As for the category, it says that unemployed people are to be considered in that category in the TCE

2

There is no categories or lists of vulnerable people in the TCE or regs.

 

There are lists of where vulnerable people are likely to be found in guidelines, but even these do not say that any category should be regarded as vulnerable.


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

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Thanks for the replies, its so daunting with all the emails etc,

 

have 2 lots going now, MP with council and Dukes.

 

Hopefully will be sorted and if owed then a reasonable payment agreement.

 

How do you find out exactly how much the original debt was, and how much is charges?

 

I thought it was to ask for a breakdown, but as I showed in my early post, when I asked Dukes it just showed what I have on bailiffs letters, and dates.

 

How do I find out the original amount?

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Your original debt will be the sum on the liability order, the council will tell you, the bailiffs should also give you a breakdown when asked, email them, you may get a better response.


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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You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

Please note they need to prove you owe the debt not just say it is outstanding.

 

Next you need to send off for a breakdown of the charges the Bailiff applied. 
.
Here's an example, 
use and ADAPT at will and best sent initially by email backed up by a copy in the post.
.
"From:
My Name
My Address
.
To:
Acme Bailiff Co
Bailiff House
.
Ref: Account No: 123456
.
Dear Sir
.
With reference to the above account, Can you please provide me with a breakdown of the charges. 
.
This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.
.
This is NOT a Subject Access Request
uest under the Data Protection Act S7 1998 
You are obliged to provide this information.
.
I require this information within 14 days.
.
Yours faithfully
.
Ripped off customer"
.


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Posted (edited)

Yup the bailiffs can't do squat, but if the OP tries (remember he has nothing to lose) and the council see him as vulnerable, then all fees will be removed too, as what happened to me.

 

It's not in any local council's interest to push someone on benefits over the edge,  and behind in their rent because they will only have to pick up a much higher bill for re housing a family.

Edited by London1971

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well did you ring the council today?

 

dx

 


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There is no point ringing the council, the debts are franchised out (probably why the council didnt answer me), I found this out from the reply from MP, they have sent request to the private company (I think its called EKservices? shortened to EKS)

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Nope.

A private co cant get a liability order

Only the council can.

The collection of the DEBTS can been franchised out but not litigation 

 

Another day wasted.


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The liability order was obtained when the debt allegedly occourred, see post #4

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they were not employed by the council when you got your LO's

ring the council...they obtained the lo's for that period.

now if the admin is globally held by them for historic times is another matter.

eitherway you must attain the info from either in WRITING. pref.

 

 


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The problem is I feel im short on time, I posted for info too late really, The MP is dealing with that side concerning the council/Ekservices.

 

I do wonder whether they should have renewed the LO as such a long time ago, but dont know much about it.

 

I have received a reply from Dukes, they have rejected my offer (as expected) and want just over £42 a week.

 

They say the extra I said to consider (as not on their I/E) for home education expense are not as important as the debt they are collecting which takes priority 😕

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what you' feel' as ive said time and again is totally irrelevant.

and no they cant..re issue a LO 


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On 20/04/2019 at 18:07, Dodgeball said:

83.2  CPR

(1)  This rule applies to—

(a) writs and warrants of control;

(b) writs of execution;

(c) warrants of delivery;

(d) warrants of possession.

(2) A writ or warrant to which this rule applies is referred to in this rule as a 'relevant writ or warrant'.

(3) A relevant writ or warrant must not be issued without the permission of the court where—

(a) six years or more have elapsed since the date of the judgment or order;

This is from the Civil procedure rules. I would ring the council in the first instance, although they may just refer you to the Bailiff. Just ask when permission from the court under section 83.2 CPR was obtained.

In regards to your last post


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In any case, they only take over the authorities part in the enforcement process, so the contact and behaviour of the EA are not affected, different law.

 

You can still ring the authority in any case, the administrator is under the same obligation to withdraw warrants if needed.

 

seems to me that you have accumulated so much information which is either inaccurate or not applicable to your situation that you are stifled under the weight of it.

 

Firstly I would like to know how the bailiff was able to acquire a LO after six years. if as you say the authority got one at the onset, I would like to know who gave them a warrant after six years from the LO being issued.CPR83


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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Local Councillor time!

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Agree London 1971. this needs unpicking and looking back to the start might be worthwhile, along with getting the local Councillor involved, they can access information the Revenue Office are wunwilling to provide.


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Hello, just thought I would update. The council have emailed saying they have asked Dukes for the files back with immediate effect, and will contact me regarding affordable payments. Thank you all for the helpful advice.

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Excellent news !

 

 

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Excellent


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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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