Jump to content


  • Tweets

  • Posts

    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

Speeding Fine paid directly to court, CDER want £310 fess for NOA and visit to old address.


Recommended Posts

Hoping someone could give some urgent advice.

 

Had a court fine for speeding, and paid after a chase letter from the court.

The fine was apparently already passed to CDER group who added £75 and now after delivery of a letter to my old address another £235!

 

CDER group now want £310 on a debt that's been paid.

 

Is that legitimate?

can they keep adding fees on fees just to create debt?

 

Any urgent advice greatfully received!....

 

Thank you.

Link to post
Share on other sites

Why was your address not up to date ?

 

Yes if the Court had already passed to enforcement, before you paid the Court, you are liable for enforcement fees.

 

However, I would question with the Court, whether/when they advised the enforcement conpany you had paid the fine.  If the enforcement company should have been aware that the fine had been paid, you should then only be liable for the £75.

 

So speak to the Court and ask them when they told the enforcement company you had paid the fine.  If you paid before the enforcment visit, then you should not have to pay the £235

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

did you receive a notice of enforcement from the bailiff company at your present address?

 

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

Many thanks for your responses guys.

The fines office are saying my address has not been updated, despite me informing them back in March.

 

The first CDER enforcement letter was dated the same day I paid the remainder of the fine in full to the court fines office. 24th May. So essentially it crossed. The CDER letter stated a compliance fee of £75.00

 

As I received that letter passed to me from new owners of the property after I had paid the fine only in full, I thought that would be the end of it.

 

Now as of today, 4th June, CDER want the £75.00 compliance fee plus a visit today of £235.00, with apparently more fees and enforcement to come if I don't pay....threatening to take goods for their fees.

 

I can obviously prove I had moved as on electoral role and paying council tax at my new address.

 

It's out and out fraud as far as I can see but I'm thinking I just have to pay then issue proceedings to recover ☹️

 

4 hours ago, dx100uk said:

did you receive a notice of enforcement from the bailiff company at your present address?

 

No, never received anything.. both letters and the visit was at my old address

Link to post
Share on other sites

if you have had no NOE nor visits to your present address, then you don't owe any fees to any bailiff for anything.

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

Thanks DX. Sounds good. Is that a precedent set? If so I'll hit them with that and try to find either some relevant legislation , or case history...

Link to post
Share on other sites

??

 

the NOE is invalid, not your correct address..end of. cant enforce anything against you.

 

just ignore the stupid bailiffs 

 

 

 

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
  • dx100uk changed the title to Speeding Fine paid directly to court, CDER want £310 fess for NOA and visit to old address.

So it was a speeding fine.  Did you promptly update your address with DVLA ?

 

You say that you informed the Court of your new address in March.  What proof do you have ?  Have you asked the Court to check their records that they did hold your new address and if so, if they did not inform CDER, perhaps they should be contacting CDER to resolve this. 

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

I only have a phone call to the fines office on my phone bill , that's the only proof. In any event yesterday I had to pay the £310 not before notification to them of the situation but CDER weren't interested , just wanted the money of course, but new occupiers getting a bit mad over it so didn't really have a choice... So now it's 14 day county court notification to CDER to reclaim.

Yes DVLA have new address as do council, bank etc etc

Many thanks for your help!

Link to post
Share on other sites

dave where are you getting this silly idea from you can take CDER to small claims court?

 

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

Dave?

Because they are a private ltd company surely not immune from the court system , otherwise there's no route to get anything resolved

Link to post
Share on other sites

you should really not have paid them

there is nothing they could have legally done

 

had they really wanted to seize property at that home that they know has not been you AD for xxxx months now ...they WOULD have been in serious legal trouble 

 

just because they are a private company doesn't mean you can raise a county court claim. nor the correct method, a form 4.

you need to resolve this with the fines office as the court is responsible for the bailiffs they employ and their actions.

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

I don't think 4 form wld be appropriate as I think that only deals with the bailiff himself and he was only acting on his firms instructions, so I doubt it wld go anywhere.

 

Wld be interested to see what happens if they received a claim in the county court

 

Fines office complaint may work

Link to post
Share on other sites

Form 4 would open a world of pain for you its down to Fines Office and the timeline of what happened when.

  • Like 1

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

You have stated above that you paid following a 'chase' letter that you received from the court. What was the 'chase' letter and most importantly, what date was it issued?

 

How did you get the letter? Was it sent to your previous address or your current address?

 

What date did you actually make payment to the court/

Link to post
Share on other sites

Hi, sorry it's a bit misleading, the 'chase letter' was infact a bailiff letter, advising £75 added to the debt.

So in order:

 

I paid the court fine off in full 1 day.

 

Following week I'm passed a letter from new owners of my old address advising that a letter was received. I read it and I thought as I had already paid the fine there was nothing more to worry about. 

 

2 weeks later bailiff posts another letter thru door of old address and the bill is now plus an enforcement visit of £235. So £310.

 

Just spoken other day to court fines office they say no refund due as the £75 not paid.

 

CDER group disregarded complaint saying that's the address we were given...

 

Don't know what steps to take next...maybe  only recourse is chargeback the £235 on credit card....?? I can stomach the £75...

 

I guess the question is once a warrant has been paid in full,  which it was, can the bailiff continue enforcement in order to rack up more fees?

Link to post
Share on other sites

I have been responding to 'bailiff enquiries' on this forum for over 14 years and anyone knowing me will know that in order for me to provide an accurate reply, I will always ask for 'background' information (such as I have done in your case). 

 

Anyone knowing me will also know, that the 'subject matter' (of paying a court fine direct to the court after receiving correspondence from an enforcement company) is a subject that I have significant experience in, an one that I have written about on this forum MANY, MANY TIMES. 

 

Thank you for your response. You have confirmed my worse fears. After receiving a Notice of Enforcement (which included the statutory Compliance Fee of £75), you chose to IGNORE the wording on the notice and instead, paid the court fine direct to the court.......leaving the Compliance fee....unpaid. 

 

Unfortunately, by paying the court direct (minus the Compliance Fee), means that you have only partly settled the warrant. Once a Notice of Enforcement is issued, the amount due under the warrant INCLUDES bailiff fees (which in your case) would, at the time of making payment...be just £75. It is foolhardy to pay a court direct in circumstances such as yours. 

 

In almost all cases where this happens, the relevant court will write to the individual to advise that as the payment had been made after a warrant had been issued that the payment (made to the court), has been forwarded to the enforcement company. You mention that after making payment that you then received a letter from the Court (which you effectively ignored), do you know what it actually said?

 

2 hours ago, Dan777 said:

I guess the question is once a warrant has been paid in full,  which it was, can the bailiff continue enforcement in order to rack up more fees?

As I have outlined in my above post, the fact of the matter is that by failing to pay the 'Compliance Fee' of £75, the warrant has NOT been paid in full. 

Link to post
Share on other sites
1 hour ago, Bailiff Advice said:

As I have outlined in my above post, the fact of the matter is that by failing to pay the 'Compliance Fee' of £75, the warrant has NOT been paid in full. 

I see, totally understand now..

 

Many thanks for your detailed info. 

I paid the court directly because at that point I hadn't seen or received any letter from anyone. I just paid on their automated line.

 

It was the following week I was passed the letter the bailiff firm had posted to my old address  regarding notification of the £75 fee via new owners of the property. (This is the letter I ignored, as I believed I had already paid.     ( there was never a letter from the court)

 

Maybe my only defence is that the warrant was issued in an incorrect and not current address? And that therefore I never received proper delivery of either the initial £75 demand and then the £235 one?

 

 

 

 

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...