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    • Hi Honeybee Yes that's the one - many thanks. I did try and update it late last night but it said I had to contact site owners so I gave up and went to bed! In the end after no contact/updates from the solicitors the sale went through very quickly so I presume that didn't give the council sufficient time to swing into action.   Thanks
    • I tried to post an update on an earlier thread without success. Long story short. The house sale has taken place [title deeds had a charge against property] Restriction said 'No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to [name of council]. Exchange and completion within a couple of days. I've not heard anything from either solicitors involved on this point nor the council so not sure of the purpose / effectiveness of the charge as it doesn't seem to have held up the sale. Perhaps I'll get a bill next month?? Has anyone had a similar experience?  
    • Hi Hammy1962,    You make a fair point.  Yes, I made a mistake. I fully accept that.    As noted, this was an honest mistake - the DD was coming out of a joint account and I (mistakenly) assumed this was set up by my wife.    What concerns me - and I want to flag to others - is that when I was sold this policy it was not made clear that there is no obligation for D&G to get approval to continue this each year, no need for me to approve any increase to the premium they deduct (which has tripled over the period) or for them to change the policy. I was in effect (with one phone call) writing them a blank cheque when I agreed to this. If I had been clear on that I would have not taken on the policy.    From a business perspective, if one of my customers had presented me with these facts I would have handled it differently too.    Cheers!           
    • So the latest is I have agreed first thing  Monday morning with CCP to make payment by 22nd February. Just received a telephone call from Chartsbridge to make arrangements to collect my vehicle as they have just been instructed by CCP!!!
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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
      • 31 replies

Council tax for new home with possession order for old home


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Hi all im looking for advice when it comes to council tax liability for a new home if an eviction is started for our old home but then suspended due to court error and pandemic causes further delay in proceedings.

 

The short story is i'm a disabled carer getting legacy ESA and carers allowance who has lived in his own home for nearly 20 years with mortgage as leaseholder. (SMI loan helps with mortgage interest). Also terrified of the UC migration that a change of circumstance will cause so dragging my feet tbh.

 

Just before the Pandemic the freeholder of our "old home" obtained a dubious possession order and we received notice of eviction before the pandemic so signed a tenancy for a "new home" that we where grateful to be accepted for in a new local authority district. As a result we stopped paying the bit of mortgage interest we needed to pay in our old home in favour of paying the rent for the new home out of our own pocket but before we could move into the new home proper and tell the DWP about a change of circumstance to get the rent paid (natural migration to UC?) the pandemic locked us in our old home!

 

Now we still haven't moved because the possession order was set aside when the courts re opend post first lockdown because of court error but possession proceedings are still ongoing with the added bonus the mortgage company is now involved and there legal fee's alone have been added to our mortgage balance effectively consuming all equity that was left in the property, thus our long term plan to sell, settle debts and move into rental is destroyed. 

 

The new home awaits us and we spend a couple of days a week there, we have been able to put cheapest carpets in and blinds and moved some stuff in. We pay the rent out of our small income for security to avoid homelessness but we cant abandon the old home yet because thats likely a bankruptcy for certain if we just hand it to the mortgage company..

 

Believe it or not this is still a council tax question because the council where the new home is want there council tax and have demanded hundreds but obv we cant claim CTR yet as we havent formally had a change of circumstance due to the delay in eviction and im not sure they will like whay i have to tell them.

 

 So the primary question is will the council be able or even willing to reduce or cancel the liability for the new home under these circumstances until we actually get evicted formally from the old home?

 

I think when you have title to a property you cant claim help with rent on another property and rightly so even in times like this...

 

We also worried about losing the new flat because being housing association we supposed to live there as our main home but have been delayed moving as described, its pretty certain we are getting evicted in the new year one way or another then insolvency might follow that depending how it occures we are just trying to find a path to avoid insolvency, benefit fraud and homelessness and deal with the council tax in the new home to! Not a small task during a pandemic! Its a tricky customer this any help welcome...

 

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