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    • HRT process for returning British citizens can be quick, if they show evidence of now being resident in the UK and working or looking for work. So important to take all documents to Job Centre appointment confirming ID, residency at an address, evidence of work or looking for work e.g. Job applications.   if enough evidence is provided a decision can be made in a few days. And once entitlement is confirmed, then your Son can apply for an advance payment.   Under Universal Credit, once the claim is up and running, then first normal payment made after 5 weeks from start date. Work search appointments regularity can depend on Job Centre and how busy they are. Some people have appointments every fortnight and others once a month approx.  The important thing is complying with commitment and not missing appointments to avoid sanction. It is people who fail to attend work search and other mandatory appointments or fail to show sufficient evidence of looking for work, who can end up with a sanction.
    • Thanks dx100uk - response to relevant questions provided below. I will provide photos of signage at entrance and further photos of marked bays at same location in separate response.   For a windscreen ticket (Notice To Driver) please answer the following questions....  I received a Parking Charge Notice (SIP)   1 The date of infringement? 11/05/2019 @ 16:01   2 Have you yet appealed to the parking company yet? No   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide  N/A   has there been a response? N/A please post it up as well, suitably redacted. [as a PDF- follow the upload guide]   If you haven't appealed yet - ,.........   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Not yet as only 12 days since alleged infringement what date is on it Did the NTK provide photographic evidence? N/A yet   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N? ]N/A yet   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? N/A yet [it is well known that parking companies will reject any appeal whatever the circumstances]   5 Who is the parking company? Simple Intelligent Parking (SIP)   6. where exactly [Carpark name and town] did you park? Harding Street, Manchester
    • wasn't always that way changed with the spc rules of 2016. also, staple a copy of the cabot no cca letter to the courts copy. dx
    • sar to MBNA CCA request to arrows   their address means their address not YOURS!!   once they or anyone you are blindly paying fails the CCA request after 12+2 working days your option to cease payment until they comply exists.    
    • for an account from 1998 I would suspect penalty/OD charges and the interest they have caused far outweigh any outstanding sum owed now. you shoyld have stop the month after you started the same with any other debts you are blindly paying. it probably that fact alone that has given PRA the idea to PAP you, as they can see you are blindly paying and think they can easily frighten you into more free money to their drinkies/holiday staff funds  
  • Our picks

    • 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
      • 0 replies

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Be worth waiting for some pointers from BA before sending anything..


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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 both I really appreciate it 

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Hi BA

 

sorry to ask did you manage to draft something up for me?

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I have but it comes up with all the high court enforcement companies is there anything specific I should be looking for ?

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The debt has been paid the writ is no longer in force so nothing to stay and no debt to vary payments on, the focus now is to facilitate refund of the Sales Fee that was incorrectly applied, as well as possibly the Stage 2 Fee. Have you written to the company challenging the application of the fees Relava69?  Hopefully BA who is a bailiff/enforcement expert will be along again with further suggestions.


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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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The information is here on CAG

Please be wary of users trying to direct you to other sites that want fees for helping out of you

 

 

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Feel free to post elsewhere..... if you are wishing to get personal and make  accusations.....but not on this forum.

 

Andy


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On 11/05/2019 at 08:42, Revala69 said:

I have but it comes up with all the high court enforcement companies is there anything specific I should be looking for ?

 

I do apologise for not replying sooner but the nice weather is too nice to miss I'm afraid. If I am not back later, I will certainly be responding in detail tomorrow. As you have already paid, there is no actual pressure on you. 

 

 

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Thank you BA I have emailed them and I got a response telling me that I have 14 days to submit any more evidence, photos etc. If you can add anything I will send it across to them. 

 

Best Regards 

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I have been very vocal on the subject of High Court fees for at least 12 years and when  the regulations were overhauled in 2014, I also complained about the fees at the Consultation stage. What has made the position worse is the misleading wording from Item 7.3 of the statutory Explanatory Guidance that supports the fee scale (see below):

 

 The first stage fee was correctly applied. The problem arises with the second stage fee and the sale stage fee. 

As outlined under item 7.3, if the agent was 'unable to enter into a controlled goods agreement'. he can only charge the second enforcement stage fee (of £594) if he is able to 'take control of goods in another manner'. If he is able to do so, arrangements can then be put in place for the removal of those items. In which case, the Sale & Disposal fee of £630 could well apply. 

 

In your particular case, the agent was UNABLE to take control of any goods at all. Therefore, he cannot and must not charge anything more than the Stage 1 fee. 

 

I will make a further post this afternoon regarding the steps that you should now be taking. 

 

 

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Thank you BA I will hold off sending anything back to them until I have received this from you. 

 

BR

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1 hour ago, Bailiff Advice said:

 

The problem arises with the second stage fee and the sale stage fee. 

 

Given the popularity of this forum, I should perhaps mention that sadly, it is becoming more and more common to find High Court enforcement companies routinely attempting to charge either the Second Stage fee or both....and I can see why. 

 

I don't intend to mention any particular company name (as regulars on here will know precisely which company I am referring to) but there is one company in particular who are known to request ALL fees at the initial visit. And they attempt to charge such fees as soon as they arrive at the property. With the public unaware of their rights, they get away with it...and in doing so, other companies will try to follow suit. 

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That’s exactly what happened BA when i asked for some time to check my rights I went indoors and quickly Googled the information i had to hand and when I confronted them they said they are high court officers and have more rights than a normal bailiff and I was wasting there fckin time and got his phone to call the police. 

 

I knew that they couldn’t do this but I felt so intimidated and my children where getting upset and scared I just gave in.  

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If fees have been charged when they should not have been, the regulations do indeed provide for what is called 'Detailed Assessment'. This is where an application is made to the court and a Judge will examine the fees charged to establish whether or not there has been any overcharging. In the first instance, such an application is not free. There is a court fee of around £300. 

 

With the recovery of council tax arrears, magistrate court fines or unpaid parking penalties, Detailed Assessment applications are almost unheard of. This is because;  the fees chargeable are clear as day (£75 Compliance Fee and £235 Enforcement fee).

 

Detailed Assessment may be more common in cases of High Court enforcement. Such applications can also be very risky for individuals. Without exemption, High Court enforcement companies will employ  barristers to represent them at hearings.  You will not find a solicitor wishing to represent you with such an application on a 'no win, no fee basis'. 

 

In 2014, when the regulations were overhauled, a major change took place in that all High Court Enforcement Officers were required to obtain a bailiffs certificate. Accordingly, if there has been any wrongdoing (such as charging excessive fees) a complaint can be made against the individual to the County Court that grated his certificate. There is no fee to pay.

 

However, before even considering this route, it is important that you write to the enforcement company to ask them to explain in detail what steps were taken by them to justify charging the Second Stage fee and Sale Stage fee. In your letter I would suggest that you point out that you require this information because, at this present time, you are seriously considering making a formal complaint to the County Court that granted the certificate to the officer. 

 

 

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