Jump to content


  • Tweets

  • Posts

    • Hi, Please can you tell me if this is the correct place toa dd my story? We to have been ripped off by this man. Thank you
    • This is on AgeUK's website, Sandy.   It only takes one phone call and you won’t have to fill in a form. Call the Pension Credit claim line on 0800 99 1234 (textphone: 0800 169 0133). They will fill in the application for you over the phone. It’ll be quicker if you have the following details to hand:   https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/pension-credit/
    • Firstly – stand your ground. This is such a small amount that there is no reason to give way on it. Even if you have to go to court hearing – stand your ground. The hearing will not be face-to-face. It will be a telephone or video hearing. Secondly, their whole defence is based on the fact that you didn't take out their insurance – which they call "compensation". This question of compensation insurance and whether it is enforceable is so fundamental to what Hermes are doing, that for this kind of money there is no way that they will risk going to a County Court and having a judgement against them on it. If it went to County Court and you won the case – which is highly likely – then we would make sure that this judgement is published in the press and all over the Internet. Although it would not set a binding precedent, it would be hugely influential and it would begin a spate of claims against Hermes and also all the other courier companies which have the same system in place. Of course it is a disreputable system. Firstly Hermes say that you "took out compensation" – not true. You have no option. Their so-called insurance requirement is obligatory and simply changes according to different levels. So that it is untrue for them to say that you took anything out.   Secondly, it is unfair that you should be required to protect yourself against their negligence. Any prudent company should ensure itself against errors and claims by its customers. This happened throughout all industries but for some reason rather the courier industry has developed a different culture which has come to be accepted – although there is no legal rule which says that it must be this way.   Thirdly, you have no option because all the other courier companies operate the same system so this does not mean that you deliberately chose Hermes or that you could have deliberately avoided Hermes and go to somewhere else where this compensation requirement would not apply. In that respect you are captive.   Fourthly, it is completely open to Hermes to restructure their pricing system so that they alter their delivery fees according to a tariff of parcel values. This would be clear and transparent and would probably be a reasonable approach. Hermes have chosen not to do this. In alignment with the rest of the industry, there attempt to force their customers to buy some kind of insurance against Hermes own negligence or the dishonesty of their own employees.   Fifthly, this insurance is needed even if it is not a question of Hermes negligence – but it is needed as a result of Hermes employee criminality. This means that Hermes distances itself from all wrongdoing whether it is by its own employees or by Hermes itself.   Sixthly, the term of the contract which limits the liability of Hermes in respect of his contractual breaches or its negligent acts is unfair under the Consumer Rights Act and if Hermes insist on it going to court then the judge will be invited to exercise his/her duty to consider the fairness of the term as he/she is required to do under the 2015 act.   Seventh by limiting compensation for damage or loss, Hermes is attempting by its contract to limit the power of the court to make awards of damages.   Because this is telephone mediation, you will be able to have a list of these points in front of you. I suggest that you understand them and you are able to save them in your own words said that you sound as if you know what you're doing and you are confident. Don't forget that Hermes probably monitors this thread – but who cares. Don't forget also that you are only talking about £120 and Hermes would be thoroughly stupid to take the risk of this going to court and succeeding. Stand your ground. They will try to reduce you down by 20 or 30 quid – I suggest you refuse. Make sure you insist on your costs being paid. I can't remember if you claimed interest – but if you did then insist on it. Insist on every penny. Hermes have already spent more than the claim is worth trying to resist this. They're completely stupid and bullying and are incapable of making sensible business decisions.  
    • Thanks. Let me refresh my memory and I'll come back to you with maybe a few suggestions – in case they might be helpful
  • Our picks

    • Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
      • 2 replies
    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 6 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

CTAX Debt - Council got LO and sent AOE to old employer - Data protection breach?


Recommended Posts

Had a liability order today from June which we knew nothing about ,

 

the issue is the council sent the attachment of earnings to an ex employer ,

surely they should have checked what current employment is?

 

It’s a local small company and everyone knows everyone etc

Link to post
Share on other sites
  • dx100uk changed the title to CTAX Debt - Council got LO and sent AOE to old employer - Data protection breach?

is this your current CTAX council or an old one at an old address and you've moved since then?

 

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

and you didn't get any letters about it before it happened?

as for the employment, so you've not worked since leaving that employer?

seems strange i must admit but they do check with HMRC ofcourse first.

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

It’s my husband , I don’t recall any letters in June but post was all over the place due to COVID , he was working for Iceland in June and getting top up universal credit ... it’s been a difficult time as I know it has for lots of people .. so they clearly can’t have checked, plus we were having some ct benefit for this year so they must have known

Link to post
Share on other sites

If the ex-employer tells irrelevant people about the attachment of earnings order, that is a data protection breach. The council can argue that your husband appeared to be employed by his ex-employer;

 

The Council Tax (Administration and Enforcement) Regulations 37(3):

 

(3) The authority may serve a copy of the order on a person who appears to the authority to have the debtor in his employment; and a person on whom it is so served who has the debtor in his employment shall comply with it.

 

https://www.legislation.gov.uk/uksi/1992/613/regulation/37/made

 

 

Link to post
Share on other sites

you say the debt is from last years CTAX period?

have you not been paying this off as well as this years ctax bills?

are you/were you getting all the benefits you are entitled too as well as CTAX benefit?

 

im not concerned with the data issue

more that you are/were getting all the benefits you should be

 

 

 

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

Hi

 

I would also recommend that he needs to send a Subject Access Request (SAR) to the Council asking for "ALL DATA from XX/XX/20XX to date". (that simple phrase 'ALL DATA' means exactly what it say whether it be letters, emails, recorded calls etc)

 

They then have 30 Calendar Days only once they have acknowledged reciept of your SAR Request (normally a letter from council confirming receipt of request). (note it may be extended at this time due to COVID-19)

 

At the same time you write to them also request a copy of their policy on Council Tax Arrears (look at their website it may be available to download).

 

You need the above information to be able to assist you in challenging the Council and when you get the information read it very carefully especially their Poilcy on Arrears and just think to yourself as you are reading it 'DID THEY DO THAT' if not mark it as you are building evidence to challenge them.

 

Questions:

 

Have they received any letters at all from the Council initially saying that they were in Council Tax Arrears?

 

If YES to above was a payment plan in place with the Council for the Arrears? (were any payments missed?)


 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites
38 minutes ago, Smileylou said:

How can he appear to be employed when he hadn’t been for 3 months? And it’s documented with HMRC ? 

 

You're putting a lot of faith in the council having up to date infomation. Three months or more is fairly normal for any council to process information. If there was information available to the council showing he was employed by his ex-employer, that can be used. The main issue you should be focusing on is the fact that there is a liability order for council tax which you are likely to have joint and several liability for.

Link to post
Share on other sites

I think we were getting all the benefits ,

you have to understand that he was working on a 0 hour basis , so benefits and ctb would differ month to month, it’s very confusing !  

 

We would get letters sometimes days apart with amount of ctb changing .  

I thought the 210 owing from last year was added to this years , maybe I’m just dumb .

 

I don’t have any faith in the council , far from it and I am concerned about the debt but I’m also concerned about our business being divulged to people we know , considering you practically have to sign the official secrets act just to pick up your partners prescription! 🙄

 

ty for all the help 

Link to post
Share on other sites

sadly any previous years outstanding balance wont be added to a commencing new year

its a sep debt under a sep a/c number.

 

so you've only been paying this year since april hence the LO i expect.

 

 

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

Councils are really bad at keeping up to date. It's happened to me before. Personally i'd take it up with my local councillor, or the head of the council.  They will be able to tell you what is what, and if you are in difficulty , set up an affordable arrangement.

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

Link to post
Share on other sites

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

For a council tax AOE they just have to send it to whoever appears to be the employer, there's no requirement in council tax legislation for them to take extra steps to confirm that a person is still employed. They do not have the ability to verify employment with HMRC for council tax attachment of earnings.

 

Quote

(3)     The authority may serve a copy of the order on a person who appears to the authority to have the debtor in his employment; and a person on whom it is so served who has the debtor in his employment shall comply with it.

 

The N56 form does not apply for council tax purposes.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...