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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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Hiya

 

First time poster, but hopefully I can help you to resolve your matter.

 

I really empathise with your position. I received a visit from an equita baliff on 10 May 2019. The feeling was horrible and they were exceedingly polite but also inflexible and threatening. I was informed that they would clamp and remove my car.

 

The rationale behind this is that the Baliffs are not employees, they are sub-contractors paid based on the fees that they can generate. Taking a vehicle creates more fees. Unfortunately for them, there is a very quick process to get the matter resolved:

 

1) Phone the Traffic Enforcement Centre in Northampton - it is crucial to do this first thing in the morning.

2) Request permission to file an out of time witness statement (forms TE7 and TE9). Upon correct completion, the forms will be passed to the local authority and enforcement action will cease at that point. The TEC will inform you that the forms have been correctly filed and the action will cease.

3) Forward a copy of this email to equita

4) Contact the local authority directly and explain your circumstances. The local authority will be more sympathetic than the baliffs - especially if you are a vulnerable person. A manager within the local authority will have the authority (as the prosecuting party) to instruct the Baliffs not to continue and instruct them to waive their enforcement fees

5) To ensure that this goes smoothly, make sure you offer to pay the council what you owe and also cover the cost of the court filing fee. At this stage, it will be worth complying with the council and paying the c. £80.

 

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Hi LePatron thanks for the reply , what do I say to them in regards to an out of time witness statement ? I am really trying to make sense of your post , thanks

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53 minutes ago, Cosmicdancer said:

Hi LePatron thanks for the reply , what do I say to them in regards to an out of time witness statement ? I am really trying to make sense of your post , thanks

 

For the traffic enforcement centre, just ask to file an out of time witness statement - this is a standard form that they will have to hand for you and will email over.

 

Upon completion of the form, and recognition from the TEC that the form has been correctly filed, email the TEC's recognition to equita which will suspend any enforcement action.

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Thanks for the reply , I was just researching this and I have seen on the gov.uk website about the fees involved , seeing as they are 8 separate letters does this mean it’s a fee for each ticket ? Or will it only be the actual one and only pcn notice I received in the post ?

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18 minutes ago, Cosmicdancer said:

Thanks for the reply , I was just researching this and I have seen on the gov.uk website about the fees involved , seeing as they are 8 separate letters does this mean it’s a fee for each ticket ? Or will it only be the actual one and only pcn notice I received in the post ?

I'm not too sure sorry

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Posted (edited)
On 19/05/2019 at 17:06, LePatron87 said:

 

Unfortunately for them, there is a very quick process to get the matter resolved:

 

1) Phone the Traffic Enforcement Centre in Northampton - it is crucial to do this first thing in the morning.

2) Request permission to file an out of time witness statement (forms TE7 and TE9). Upon correct completion, the forms will be passed to the local authority and enforcement action will cease at that point. The TEC will inform you that the forms have been correctly filed and the action will cease.

3) Forward a copy of this email to equita

 

 

Welcome to the Consumer Action Group forum. 

The application that you are referring to is called an Out of Time witness statement (or; depending on the actual type of contravention; an Out of Time Statutory Declaration). 

 

Crucially, before being able to submit such an application, our poster; Cosmicdancer would need to know what type of contravention the Penalty Charge Notice relates to. I have asked him to contact the council for this information. He hasn't as yet responded. If the debt is for 'parking', Dart Charge or Merseyflow penalties, the forms required would be TE7 & TE9. 

 

If on the other hand the penalties relate to 'moving traffic offences' (bus lane, box junctions etc), then forms PE2 & PE3 would be required. There is a significant difference between both applications. Forms TE7 and TE9 can be submitted to the Traffic Enforcement Centre by email and as long as they are received at TEC by 4pm, will be PROCESSED that day and bailiff enforcement would be placed 'on hold' by early the following weekday.  Forms PE2 and PE3 would need to be printed off and taken to either a County Court or local solicitors to have the signature witnessed. The sworn forms would then need to be scanned and emailed to the Traffic Enforcement Centre. 

 

Secondly, there is actually no need at all to telephone the Traffic Enforcement Centre. The forms are available to download from their website. 

 

When calling TEC you do NOT ask THEM  for permission to file an Out of Time application. It is the LOCAL AUTHORITY who make the decision whether or not they are wiling to accept the witness statement being submitted late. 

 

If the completed forms are submitted to the Traffic Enforcement Centre by 4pm, the motorist will receive an email from TEC as confirmation of safe receipt. 

 

A letter outlining the decision (on whether the council are willing to allow you to file your witness statement LATE) should be received around 4 weeks after submitting the forms. 

 

Lastly, as Cosmicdancer has 8 penalty charge notices, he would be required to submit a separate Out of Time application (Forms TE7 and TE9) for EACH penalty. Furthermore, each application MUST be sent by individual email to TEC. 

Edited by Bailiff Advice

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On 19/05/2019 at 17:06, LePatron87 said:

 

4) Contact the local authority directly and explain your circumstances. The local authority will be more sympathetic than the baliffs - especially if you are a vulnerable person. A manager within the local authority will have the authority (as the prosecuting party) to instruct the Baliffs not to continue and instruct them to waive their enforcement fees

 

5) To ensure that this goes smoothly, make sure you offer to pay the council what you owe and also cover the cost of the court filing fee. At this stage, it will be worth complying with the council and paying the c. £80.

Although the advice that you have provided is helpful, the fact is; once a warrant has been issued and passed to bailiffs, it is extremely rare for any local authority to agree to 'waive' enforcement fees and accepted payment direct. 

 

In your particular case, you mention that you have submitted an Out of Time witness statement. Did you contact the council and ask if they would accept payment direct (minus bailiff fees?)

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