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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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!
       
       
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Old and new CTAX LO's and dodgy Fees & ROG - Rossendales URGENT


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Hi,

we had a council tax debt that was settled in full with our council back in July.

However the bailiffs are continuing to pursue us for their fees. 

 

We had an initial incident where the first bailiff had no ID and stated he was from the council and needed to inspect our house (council house).

My partner let him in and he started listing items at which point my partner questioned who he was and he then told her he was from Rossendales reference outstanding council tax. After a discussion she set up a payment plan and he left.

 

Things went on and we missed 1 payment, we rang them and explained and they said it was fine if we can pay double the following month to catch up. We agreed but before that date arrived we had a doorstep visit.

 

It all became silly and stressful, i spoke with Rossendales who just were not interested and so rude its hard to not get agitated and stressed

 

I took out a loan and paid the council directly. I paid the entire debt with them. This did not include any bailiff fees.

 

I logged an official complaint with Rossendales over the conduct. It transpires that the bodycam from the initial visit was miraculously unavailable and also no complaint was logged by Rossendales, however there are notes on our account regarding the complaint!! With the virus etc I guess this has delayed their action

 

today I received a phone call saying I have to pay the council tax debt now or they will remove goods tomorrow. I tried to converse and explain what had happened and was shut down, the agent said he wasn't interested, either pay now or I'll visit tomorrow to remove goods, every time I tried to speak, he spoke over me so we got nowhere. 

 

I'm at at a complete loss as to what to do, I cannot raise a complaint with them without evidence and they're not interested in anything other than causing stress and trying to obtain money or goods.

 

Please can anyone offer advice, do I just need to pay their fees, even with their conduct?

 

Can they still charge fees for a settled debt? What if they do visit?

 

What can they do and what can I do? 

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who told you to pay the council directly and not pay their bailiffs fees?

because sadly that is very bad advice since the changes in about 2014 i think it was.

 

you would of had a NOE fee of £75 (which ofcourse you did get?) , and a visit fees of "235, that being the total they can charge = £310.

 

 

 

 

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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Hi, thanks for your reply. I choose to pay the council as I didn't want to deal with the bailiffs after the issues. It was more making a point.

We received a possession order on the first visit which was stated as a council inspection and the man was from the council, it was when he started listing items that it became apparent what he was

 

This is issue, they entered under false pretences

 

is there anything we can do or do we just have to pay to avoid even more fees?

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57 minutes ago, Splitty13 said:

We received a possession order on the first visit

 

what a possession order 

or do you mean removal of goods order?

 

what was the FIRST written comms from the bailiff or company please

you should have received a notice of enforcement stating a £75 fee and 7 days to sort before a visit?

 

was this debt for you current home ctax debt?

 

 

 

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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hey don't rush to pay, it can't increase anymore, but we need to be sure they followed correct process

 

you have failed to answer some important questions i asked...

 

 

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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They are due later this morning to remove goods at which point the fees increase. I have tried to pay online but it states that the reference number is incorrect

 

It was for council tax from our previous and current address. Its a very long story but the council lost over £1800 of our money and it took months for them to find and try to sort out. It caused loads of issues and caused a nightmare 

 

I do not recall an NOE and cannot see one in my file. We have letters from the council and the court fees added but the first bailiff visit was the ROG order, there was no prior communication from the bailiffs

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A visit with only an intention to take control (and/or to remove those goods) cannot therefore attract the fee. 

 

you are opening up a can of worms far too late for this forum

with far too much water under the bridge to deal with properly and correctly at such short notice.

 

were you left or have been given a list of goods taken into control?

 

but i say again i dont believe any of this can happen without a valid notice of enforcement having been already issue  stating the current address.

 

so you have NO other bailiff letters

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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A list was made and taken away by the bailiff. 

We logged an official complaint on the 12th March 2020 and have heard nothing until 8th September 2020 when a ROG notice was received, we then called and spoke with a manager but got cut off and couldn't trace who he was when we called back.

Then nothing again until yesterday

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so no list of goods sent with the rog?

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... 

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did the ROG have a list of your good attached?

 

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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then you are under no legal obligation to allow entry

there is no legal right of forced entry on CTAX debts either.

 

i am hoping help will appear today.

 

i suspect the rossers will claim the NOE was sent to your old address or something (then its useless today)

but i can't see how old/new property CTAX liability orders can all be rolled into one

a NOE sent to an old address

then the bailiffs rock up at the new address

do a list of goods

without a NOE being served on the new Address.

 

but the story appears to cover a long periods of time and might be incomplete.

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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  • dx100uk changed the title to Old and new CTAX LO's and dodgy Fees & ROG - Rossendales URGENT

Hi 

Important, when you made the arrangement to pay, did you sign a walking possession order?

 

If you did not they CANNOT come back and take goods off you, nor do they have a right to force entry, it is that document (agreement) that gives them the right.

 

The bailiff misrepresenting himself in that way, is also a very serious offence.

 

Was there any witnesses?

Edited by Peterbard
spel

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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My Mrs cannot remember if she signed it, I have never signed anything so I assume she did.

 

The misrepresentation to gain entry is my concern and complaint.

I filed a formal complaint on the 12th March 2020 regarding this. 

 

Last night I wrote all the details into an email and sent it to Rossendales, our council,  LGO, CIVEA, HCEOA and a local Councillor. 

 

Rossendales have today officially recorded the complaint although their own system shows notes from March onwards which mentioned said complaint. 

 

I have paid the full amount due to avoid any increase in costs and I am waiting for responses and advice now on how to pursue the complaint.

 

The original agent is apparently well known for his dubious behaviour and is known for similar and may no longer work for them

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Yes it must have been signed. Do we have a name for the EA?   How much in fees did they end up charging, if you dont mind me asking.

 

 

 

Oh, and Civea dont handle customer complaints anymore I believe.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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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 Topic please PM me a link to your thread

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Nice link Andy?

 

Complaints | CIVEA

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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