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    • Looking for a bit of advice on an possible malicious or fraudulent claim.   I received a letter today from my insurance company regarding an alleged incident three months ago and stating I had five days to respond or my no claims bonus could be affected if they settled the claim. It gave a date and postal code for the incident. I rung the insurance company and said I had not been involved in an incident on the day in question and was not even in the area. I am absolutely clear on this although the area is only about 15 miles from my home, it was Easter Monday and I know exactly where I was that day. I asked about the incident and was told that my vehicle had reversed into another car outside a shop. There are no shops in the area, it is purely rural farmland (so no CCTV obviously).   The insurance company said they would note my response and send to the claimants insurance company but would need to send an assessor out to take photos of my vehicle for any damage. My vehicle has no damage to the rear but does have a dent to the door from a collision with a deer that I have never done anything about.   My questions are ;   How did the claimant obtain my insurance details ? Does my insurer have to provide me with details of who the claimant is ? Could the dented door cause a problem because I didn't report it ? It is very obvious it is not damage from reversing into someone else. If I had been away on holiday and hadn't responded, would this claim just have been paid without me knowing about it resulting in loss of NCB ?  
    • It doesn’t say FINE anywhere on the documentation.    I don’t have the facility to scan the document, is there something in particular that you need to see? I can explain what is on there.    Thsnks 
    • CASE DISMISSED!!!   Thank you so much for all your help guys! Couldn't have done it without you!!! - donation on it's way (just waiting for some money to come in next week!)   That was pretty nerve wracking, I must say, but once I got into the flow of things, everything went well. Didn't help my nerves that the PRA rep was 30mins late!! Was hard to gauge the judge initially, but once I realised that she was well versed in the legislation and seemed to hold it in high esteem, I felt confident and the nerves dissipated a bit (lucked out there from what I hear from other horror stories!). She pretty much agreed with everything that I had said, and even highlighted things that I had thought about mentioning but didn't in the end, although she wasn't interested in my use of PRA v Mr Segal as it wasn't directly relevant; I knew this, but that wasn't why I was using it! I tried just once to explain my reasoning, but realised that the judge was ultimately for my case and so yielded quickly on that, rather than get her back up!   The best part was when the rep knew that case wasn't going his way, he then reverted to desperate tactics and referred to the fact that I was a day late sending the stuff to PRA and that I hadn't signed their copy; judge was not impressed with this argument at all, simply saying "Well the copy I have here was filed on time and signed". Not that that would have made a difference as by that point I had already explained my case, and she had agreed. She also had a go at them for trying to file the "response statement" without permission and disregarded it (as you thought Andy).   I felt sorry for the rep, decent bloke, very polite, asked if I had any questions for him afterwards, and kept highlighting the fact that he didn't work for PRA; think he knew it was a poor case and that he would have a hard job trying to fight it.   Something he said did concern me a lot though, and that was that he "couldn't guarantee that they wouldn't try again, either by appeal or by another claim".......not sure what this means and where it leaves me!! I questioned him about there being another claim as I don't feel that an appeal would be approved (although it could I guess!) and he seemed to think that they could come after me in a claim for arrears/interest? This threw me and ruined the feeling of joy that I momentarily had! I phoned National DebtLine to get some clarity on this and they seemed to think the same thing! Then I found this online:   "However, according to Late Payment Legislation law (see ext. link 10), a creditor is allowed to charge his debtor an interest fee, if the consumer has late payments and bad debts. I.e. a debt buyer can request an additional interest payment from his debtors as a creditor, and not as a DCA. The same late payment legislation allows such interest collection to begin after a 30-days default period." https://ecollect.co.uk/wiki/debt-collection-uk/   Found similar information on other sites and even on other threads on CAG. I know you said they couldn't add anything Andy, so now I'm confused.com!!! How can they claim for arrears or interest if the debt that said arrears/interest is based on is now deemed unenforceable by a court ruling???!!! That just seems ridiculous and means that this thing will never end!!!!!    
    • Thanks Honeybee   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement - 5/7/19   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11/7/19   3 Date received 16/7/19   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up   7 Who is the parking company? Northern Parking Services   8. Where exactly [carpark name and town] 1 Kings Manor Newcastle NE1 2ST   For either option, does it say which appeals body they operate under. BPA   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE     I do not think there is ANPR at this location but there are photos of the vehicle in a parking space The PCN has a "vehicle observed from"  date..... and time......  "to date..... time.....  
    • Hi,sorry for delay in respnse, just started a new job.   LBA here   Sports Direct 1st June 2019   Dear Sir/Madam, On 26th January 2019 I bought a pair of Phantom VSN in size 11 from Sports Direct Chingford. Please see my details of purchase below. ..... screen grab from bank statement of card payment .... On the 27th June 2019 I was surprised to see that the sole of the right boot had torn open at one of the rear studs, making the boots unusable. Please see picture below. ..... picture of torn sole of boot .... The Consumer Rights Act makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.  I do not feel that an £85 pair of boots should fail after five months of being used for nothing other than their intended purpose. As you are in breach of contract I am rejecting the boots and request that you refund the sum paid to you of approximately £85 which I trust you will be able confirm from your records. I have bought a replacement pair of the same boots from your website on the 28th June 2019 as my son needed boots almost immediately, for that reason please give me a full refund of the original purchase price. I am today returning the faulty boots along with this letter to the Chingford branch of your store. If I do not receive your satisfactory proposals for settlement of my claim within 7 days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you. Yours faithfully,   They replied by email to say this ............. Thank you for send your football boots for a further inspection.   I would like to advise you that on inspection it is our belief that the issue is due to wear and tear and not an inherent manufacturing fault. I appears that the stud had been caught on something which has caused it to rip apart from the sole.   Sadly, I am afraid for this reason we are on this occasion unable to offer a replacement or refund for your boots.   I have now returned your boots to you.   Apologies for any disappointment caused. Kind regards, ................ The boots arrived back to me today   I assume I now make a small claims claim?   Thanks Micky  
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Hi

I had a long outstanding debt with EON which left to a CCJ which then got passed on to the Court Enforcement services in Loughton.

Once this happened I immediately phoned them and we agreed a payment arrangement for a 12 month plan for £322 a month starting from March this year.

 

I made the first payment on time but the second payment was a couple of weeks late

I did phone up CES to tell them this and they informed me that it had already been passed on to an enforcement officer.

They gave me his name and number and i immediately phoned him he was very nice and he explained that he would need to visit the address but he was understanding of the fact that it was half term and the children would be at home so asked me to txt him some dates that it would be convenient which I did.

He responded saying thank you he would call me later but he never did this was on the 18th April.

 

I then receive a letter from the CES dated the 30th April informing me that an enforcement officer would be attending our home the debt on the letter is £3724.41 which is pretty much what it was before I had paid £644 off. The letter also says during this visit if I fail to make payment of the full amount or put forward an offer of repayment which is acceptable the additional fees may be incurred. 

 

Last night we had a visit from 2 very intimidating enforcement officers my boys thought that they where the police the way they where dressed.

I asked them to get into my car outside as I didn’t want to draw attention to us from the neighbours which they did.

 

I explained my current situation financially and I could still pay the £322 a month and my arrangement with the other enforcement officer and his mood changed and he said that it had been taking out of his hands now and they where there to take the debt in full and no other arrangement could be made if I didn’t they would phone the police and gain access to my house to start removing goods.

 

I questioned this and he said that why have every right to do this unless I paid the money in full.

I asked them for some time to think and went back in doors they then started to stroll around outside the house even glaring at my children indoors.

 

I quickly fumbled on my phone and I managed to see that they had no right to enter on the first visit I don’t know if this is correct ?

I took this information out to them and they suddenly became aggressive and said I was wasting there time and they would start removal right away.

 

I made a couple of calls and managed to sort out the money which I thought it would be £3000 when he took payment it was £5150.09

I said why is it that much and he just said additional charges for their visit and if I didnt pay it they would just come back with the police.

 

In the end just didn’t think I had any choice I was shaking and crying but they just didn’t seem to care.

Please could someone let me know if I have any rights I never tried to avoid paying the debt but to have to pay nearly double without any prior warning has shocked me. 

 

Thank you 

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Hello and welcome to CAG.

 

I've moved your thread to the main bailiffs forum, people should be along to advise later.

 

Best, HB


Illegitimi non carborundum

 

 

 

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Might be worthwhile asking for a written  breakdown of rhe fees cgharge, as there are fees set down in the Taking Control of Goods Regulations.  There is NO right of entry for them at that stage, the threat of the police is another tactic to force payment, but the police are not well versed in Civil Enforcement law, so often unwittingly assist the EO.  Others will be along soon with further suggestions

 

As is stands the debt is paid so no more worry of them calling again, but it could be worthwhile challenging the fees if they are not compliant with the regs, as in a Sales fee applied even though no goods were taken into Control.


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Thank you I thought as much but as soon as I challenged them there mood changed dramatically and as it states in there letter additional fees maybe incurred upon attendance in accordance with the taking of goods which they didn’t need to do. 

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I know that this is not want you want to hear but it is such a shame that you had defaulted on such an excellent  payment arrangement (spread over a 12 month period). 

 

When you made the payment arrangement, did you do so following receipt of a Notice of Enforcement? What I trying to understand is whether or not there had been a previous visit?

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Hi yes I know I’m an idiot for defaulting but I had some other issues which I won’t bore you with but I did contact them and explained my situation. Yes this arrangement was made following an enforcement notice by post I have never had a visit from any officer other than last night but I have communicated with one on phone. 

 

Thank you 

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16 minutes ago, Revala69 said:

Hi yes I know I’m an idiot for defaulting but I had some other issues which I won’t bore you with but I did contact them and explained my situation. Yes this arrangement was made following an enforcement notice by post I have never had a visit from any officer other than last night but I have communicated with one on phone. 

 

Thank you 

When the officer was inside the house, did he make a list (or inventory) of items that he intended on taking? 

You need to take the advice of Brassnecked and apply for a detailed breakdown of the fees charged asap. 

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Hi they didn’t enter the house they said that they would need to call the police to do this. 

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The Police would not have been able to assist them to gain entry into your residential property. That is a FACT. This is merely a CIVIL debt. If it had of been a criminal debt (for example; an unpaid magistrate court FINE), then entry could be gained into your property by force.

 

The only asset that the officer could possibly have seized would have been your vehicle. With no previous visit and no inventory made, it is even more important to obtain a breakdown of fees charged....and quickly.

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Ok I have just come off of the phone to CES and I am shocked to say the least.

 

£3762.69 original debt 

£77.26 interest awarded to EON

£90.00 HC fee

£228.00 agent fee

£223.98 7.5 fee as it’s over £1000.00

£594.00 Stage 2 Fee

£630.00 Sale & Disposable Fee (even though nothing was taken and the did not enter the house)

 

I had made 2 payments as agreed for £322.00 in March and April (April was late). 

 

From what the lady was saying there isn’t anything I can do about these fee’s is that correct? I am now in even more debt then when I started how can that be a fair law of the land ?

 

thank you 

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I would be tempted to challenge the Sale & Disposal Fee, as no goods were taken into control. Perhaps BA or ploddertom could also indicate if there is a reasonable course of action.


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Thank you I appreciate this advise I would really appreciate it if one of you could help me word the challenge. Also I told the lady that i would be complaining about there intimidating tactics and aggressive behaviour they where also looking through the kitchen window scowling at my 13 year old son who was having his dinner, they also noticed them taking a picture of the kitchen window from there car. 

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If this was the only visit made and no inventory taken, then only the Stage 1 fee should be charged. The stage 2 fee of £594 is highly questionable and with regards to the Sale Stage fee of £630...….needs to be removed. 

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Thank you BA have you got any advise how to word my challenge or should I get legal help ?

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I would send a Formal Complaint to the Enforcement Agency,  CES saying that the fees don't add up and as per BA the Stage 2 and sales Fees are not applicable,  so should be refunded, then take it from there, copy your MP in to that one. 


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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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An odd question you may think but an important one. The enforcement officers came into your car. How much roughly is the car worth and is it subject to finance?

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Not so odd BA if they try to claim they took i the car nto control, whether they will retrospectively create paperwork is another matter.

 


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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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Yes I did think the same actually however I did explain as soon as we got in the car that it is on finance. 

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11 hours ago, brassnecked said:

Not so odd BA if they try to claim they took the car into control,

 

You know me too well !!

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The Regulations have closed down many of their old loopholes, but they will still try it on with Fees not applicable being added hoping the debtor will roll over and pay without a whimper.  EON seem to be a particularly litigious Utility, with appalling customer service.  They do however remain liable for any acts or misdeeds by their appointed Agents  CES .

 

Are EON still your supplier, or is the debt a result of a switch and final bill?


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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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No we have since moved house and switched to another supplier who are so much less expensive and I agree with the appalling customer service. I am in the process of drafting a complaint letter to CES and copying in my local MP

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Mention that their Agents CES overcharged you with their Stage 2 and Sales Fee that weren't applicable and that they are vicariously liable joint and severally with their Agents CES. might help perk the MP up as well  regarding  ongoing issues  like overcharging with non applicable Fees by  Enforcement  Agents.


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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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Thank you Should I be writing this letter to CES or EON or both BN ? 

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Complain to CES, mentioning that the Stage 2 Fee and Sales Fee were incorrectly applied and you want them refunded. and copy EON in stating on their copy that you have been overcharged by their Agent, and also send to MP

 

CES will most likely say all was correct, but see what they come up with as a reply.


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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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Posted (edited)
47 minutes ago, Revala69 said:

 I am in the process of drafting a complaint letter to CES and copying in my local MP

If you could wait until later this evening, I should have time to provide some input. 

Edited by Bailiff Advice

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