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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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Hi there,

I'm in a similar situation. Are you definitely sure regarding your last point? If so, this is very informative. Thanks and kind regards.

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Yes. FCA debt collection rules. Also likely to breach data protection.


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Hi Uncle Bulgaria,

 

Is there a specific template one could use to highlight the two points you raised? The point about the matter now being under the English statute of limitations and that the FCA does not allow communications through a third party. I recently received a letter out of the blue by one of these crafty DCAs acting on behalf of a foreign bank regarding a debt well over 6 years ago. They're obviously hoping that I know nothing about the 6-year rule, so a well drafted letter would help in dealing with these underground criminals:-)

Thanks for your help.

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No template. You just need to state that under English statute of limitations enforcement of debt is limited to 6 years and as the matter is more than 6 years old, under UK financial conduct authority rules that apply to all debt collection activity in the UK, you do not wish to be conducted again.

 

They will give up eventually.


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Hi again UncleBulgaria,

 

Despite sending the debt collector agency a letter stating that the alleged debt from the Middle East is statute barred, and that any further correspondence from them will be considered as harassment, they have insisted on sending me another letter warning me of the possibility of legal action taken against me in the UK should their client decide to transfer the case to a UK court. They have warned that this will affect my credit rating for 6 years if the judgement were to go against me.

They have not acknowledged my initial letter which I sent by recorded mail and there is evidence that it was delivered. I now wish to take action against this agency since they have chosen to ignore my warning and attempted to escalate the matter. Should I now inform the Ombudsman of this agency and if so, what template can I use to do so?

 

Many thanks in advance.

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You can only really complain about UK based companies contacting you. Do they have a UK office address ?

 

If not, just ignore. They will go away eventually.


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Yes I do have their UK office address.

They are representing a client in the Middle East who I have never ever dealt with before.

Their client has apparently taken on a case for another company in a different Middle Eastern country.

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If you write back, they might think you are getting fed up enough to pay them. Perhaps ignoring them now would be the best option.

 

If this company writing to you is not registered or authorised by an official UK authority, i am not sure who you would complain to. if you are that bothered by it, check to see whether this company based in the UK are registered with the FCA to carry out debt collection activities in the UK.


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I've checked and it appears that they are registered by the FCA and have been 'granted interim permission to run consumer credit business'. Their correspondence is bothering me, so should I now proceed with the next step of reporting them?

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You could report them to the FOS, saying that they are failing to obide by FCA Debt collection rules and have failed to deal with a complaint made. Say that the FCA require Debt collection to cease on statute barred debt due to limitations act, once they have received a complaint about continuing communications.


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I'm not sure how far the FOS will be willing to go on this one. However, I'll give it a try anyway. Thanks for the advice.

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