Jump to content


  • Tweets

  • Posts

    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
  • Our picks

Bailiff Took Payment from a Couple In Their 70's Due To a Lodgers Debt


Please note that this topic has not had any new posts for the last 441 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

sorry I must have mis-read about it being a consumer credit debt...

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sorry but I was quoted.

 

The bailiff would have been the county court variety, extremely unlikely A court bailiff would behave this way, they are salaried and generally dont give a monkeys if the money is collected or not, are you sure the enforcement was for a consumer credit matter?

 

The lodger would not get a credit card unless he said he had permanent residence, so.

 

I cant understand why your ardour isn't directed at this scoundrel.

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

Link to post
Share on other sites

£3k paid on credit card...hce attended ..an HCEO

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

MasterMuggles, could you say what sort of debts they were?  and the Credit card part is that the householder paid the third party debt with the credit card, just to stop any more confusion.  Also  please post back with any further developments.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites
2 hours ago, brassnecked said:

MasterMuggles, could you say what sort of debts they were?  and the Credit card part is that the householder paid the third party debt with the credit card, just to stop any more confusion.  Also  please post back with any further developments.

 

The debts were in relation to unpaid legal fees owed by the lodger who had used the property address for correspondence.

 

A third party (being my family) were forced to pay the (now ex) lodgers debt. This payment amounted to over £3,000.

They paid this amount to stop the bailiff taking their own possessions.

They were scared and the bailiff apparently told them people would be there to do so in 30 minutes!

My family made this payment via a credit card.

 

Everything indicates to me this payment was made under duress.

Link to post
Share on other sites

So the family knew all about the debt?

Just to be clear. The legal fees you mention, were they for a criminal judgement Magistrates or crown court?

There is a good reason for asking

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

Link to post
Share on other sites

No, the lodger only disclosed information upon leaving my family's property.

The first they knew of the debt was the bailiff at the door.

 

They were informed the debt was for unpaid legal fee's in relation to the settlement of estate of a family member of the lodger.

The client name on the receipt ties in with this

Link to post
Share on other sites

Could the lodgers bedroom be taken as his office by the bailiff?

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

Link to post
Share on other sites
2 hours ago, Dodgeball said:

Could the lodgers bedroom be taken as his office by the bailiff?

 

As in:

Could the bailiff have taken it as his office?

or

Theoretically could it be taken as his office?

 

It's very simple rented room in a residential house so I'd suspect no to both the above, but very interested to know the angle on this none the less

Link to post
Share on other sites

I've spoken to the husband this evening who spoke to the bank (Natwest) in question earlier to try to initiate clawing back the payment and they have advised him that they are unable to assist.

They've said that the payment wasn't fraudulent hence they cannot help and also that he (the card holder) was the one who entered the payment.

 

The payment was apparently made on the bailiffs tablet so I presume via the web payments page for the Enforcement agency

 

It's really quite sickening things like this can happen to a couple in their 70's!!!

Link to post
Share on other sites

Oh god..couldn't have a worse bank to try and do a section 75 with.

natwest have never understood section 75.

They are useless.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Under Section 75 of the Consumer Credit Act 1974, the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the retailer or trader.You can do a chargeback on the grounds the merchant placed you under duress to coerced you to make payment.

 

Start a section 75 claim and ignore Nastyvest.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • 2 weeks later...

I have just come across this site and thread,

 

I also had this happen to myself and my wife, I am in my 70's and had HCEO's arrived to claim money from my son who does not live with us.

 

The company was also Court Enforcement Services Limited.

Managed to get £4308.11 out of us.

 

I sent a very lengthy complaint to them,

After a month they replied with a fairly short very dismissive reply to all my points,

this followed several letters going back and forth to get "permission" to complain from our son to them..

 

I sent a signed for letter over two weeks ago asking for the bodycam footage from both HCEO's, Gone in to track progress this morning as no reply from them, Letter has "got lost" in post. I believe they are hiding behind a PO Box number.

I am sending a registered request on Monday with a copy to the ICO.

 

looks like I am going to sue the original creditor for duress as they disconnected all our electronics and put them outside.

 

Don't bother to complain to Court Enforcement Services Limited, I believe they and others have had thousands of complaints and I know of none that were successful

 

Good luck with your claim

 

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...