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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence


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My aged uncle had been paying for his TV licence by auto renewing monthly direct debits despite (despite turning 75 years old 7 years ago). My request for a refund was ignored for over a month, so I made a Direct Debit Indemnity claim and received a full refund for 7 years overpayment within the day from my bank.  It was very simple.

 

I then asked TV licensing for a compensation payment for the interest and they have refused on the grounds they did nothing wrong. It seems they do not take customer dates of birth. This is why  they have no idea whether their customers should be charged or whether they have reached the age for a free license.

 

It seems to me (especially for the benefit of old people), it would be simple to include a date of birth in the application process and therefore automatically cancel direct debits or even reject applications once they become eligible for a free license.

 

My question is, can I insist on interest? I understand statutory 8% interest is only an award if a judge  (at a county court etc) allows it. As I received the refund without going to court, I guess I cannot insist on that interest. However, I hope to proceed to make this scandal more public and seek the interest on his behalf.

 

Any ideas gratefully received.

Its WAR

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Any chance we can see a copy of your particulars of claim ?

 

Andy

We could do with some help from you.

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  • 4 weeks later...

£247 judgement today against BBC in default of acknowledging the claim, based on 8% interest.

 

Claim details: 

1. I am xxxxxxxxxx   and hold Power of

Attorney for my uncle Mr xxxxxxxxx of xxxxxxxx

2. Mr xxxxxxx turned 75 on xxxxxx 2014 and was

entitled to a free TV license

3. For the following 7 years, the Defendant

continued to take money by auto renewing direct debits for

Mr xxxxxx TV license.

4. The Defendant ignored my formal demands

dated 16 July 2020 requesting a refund.

5. On 4 September 2020 I claimed the money

back under the Direct Debit Indemnity

guarantee from xxxxxxxxxx Bank.

6. Having received the refund from Mr xxxxxx

bank, I wrote to the Defendant on 14

September 2020 requesting a payment of

interest.

7. On 19 October 2020 the Defendants refused

to make any interest refund.

 

Lets see if they settle or apply to set aside.

Its WAR

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I don't think you should hang around. I think you should put in for immediate enforcement. It will cost you 50 quid – but you might as well put the county court bailiffs in.

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  • 4 weeks later...

Update:

 

A few days after obtaining judgement by default, I receive a letter from MCOL saying the claim form had been returned to the court unserved. But they deemed it as served as long as the address was correct. If the address was correct I can proceed with the case. I decided the address was correct and have paid £77 to instruct the courts bailiffs.

 

Of course, the address might be wrong. But having checked, I can still only find the BBC is at Peel Wing and therefore nothing to suggest the address is wrong. I wonder therefore, whether I may have sued the wrong people? The claim is for interest on 7 years of license fees. Capita are the organisation that deal with the TV license..........Maybe I should have sued Capita (the people who send inspectors to your house and prosecute you if you haven't bought a license).

 

However, in that case, as the BBC were issued with the summons, I would have expected them to issue a defense stating they have been sued in error.  Anyway, for now, I expect the bailiffs will have visited by Christmas and come back with payment in full........................... Unless you guys think differently.

 

Its WAR

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  • 1 month later...
  • BankFodder changed the title to Bailiffs in at BBC obtain 7 years overpayment of TV licence

I've sent an email to a press contact

And one to a journalist at the BBC!

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  • BankFodder changed the title to Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence

:rockon:

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... 

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@Its WAR please could you email your contact details to us at our admin email address. Email address and telephone number please.

There is a journalist in the national press who would be interested in talking to you.

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On 25/01/2021 at 01:58, Its WAR said:

I sent in the bailiffs to the BBC. They collected £350. It made me smile.

you do realise that the BBC will now have to serve their presenters SPAM instead of sirloin steak.

 

 

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