Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Birstow & Sutor - Council Tax arrears


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 331 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have Council tax arrears of just on £1,200 and B&S now have the account from the Council.

The attended a few weeks ago and as there was nobody home they pushed a letter through my door.  i contacted them to try and make arrangements to pay in instalments but they were having none of it.  kept saying had to be paid all at once and the usual threats to come and remove items etc.  

I contacted the Council and they told me to make a payment with B&S so i logged into my account and made a payment which is a recurring monthly payment. they have continued to text and email me 

i have just taken a call from them saying they are not accepting instalment payments and demanding the whole amount. 

I said tough this is what the council told me to do and he said the council had told him to come and remove items (doubt this is true) and they will be round in the next few days.  not sure what to do so i would really appreciate some guidance.

 

 

Link to post
Share on other sites

all they can ever do is add £75 for sending a notice of enforcement and the add £235 = a total of £310  fess. thats it they can't add/get anything else.

 

simply ignore them,

if you wish to, switch to paying the council directly, you have the details on last year ctax bill to do so.

 

ofcourse the £310 is added and needs to be paid, but the council will simply do that from the funds you send them.

 

how are you paying this years ctax?

 

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

thank you very much for that.  I will pay the Council direct so I dont have to deal with them🙂

 

i am paying by DD.  the arrears accrued because they took away my 25% single person discount without notice or reason and I argued with them for over 2 years and just paid the amount less the 25%.. 

Link to post
Share on other sites

whoaahh. hold on there... Run that past your local councillor via email and mobile phone, This will take you 2 minutes and likely settle the matter, and take B & S off your back. You will be able to find their details on Google. An email along these lines ...

 

Dear xyz

 

Unfortunately I have accrued a council tax arrears of X amount.  I only have a disposal income of £x per month, and cannot pay the full amount as B And S have requested, and certainly can't afford the £375 extra they have demanded.  However, I realise the importance of paying my council tax and am able to afford to give the council x amount per month , paid directly.

 

I would also be great if you could remove the bailiff charge,

 

Kind Regard

 

xyz

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

Use Bacs to the council.

 

If the Bailiff turns up 

Simply ignore them do not engage.

 

Nothing they can do. If they ring don't engage simply state writing only put the phone down or simply don't answer it 

 

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

Unless of course you have a car parked outside or close by, they can clamp or take away.

 

That's why contacting your local council representative is always the quickest way to 

 

A: Get the bailiffs off the case

B: Come to an easy payment arrangement direct with the council

C; Remove Bailiff Fees

 

Often local councillors hate using bailiffs, they also have power over the council Revenue department, and can cancel or change a lot of things. 

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

  • 1 month later...

not been back for a while as I thought I had it sorted.  Set up a recurring monthly payment. 

A week ago got a call from them saying not happy with payment and want full payment etc. 

Said they would be coming to remove goods in 48 hours. 

Today they have been and put a notice of enforcement visit through my door saying my goods are now bound 😕

No knock on door. 

Can anyone advise. 

They have not entered my property. 

Link to post
Share on other sites

who did you set up the payment too?

probably thinks you have an imaginary car in your name?

already told you about NOE/fees above earlier.

 

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

With B&S. It is a recurring payment and it is being taken.  I do have a car but it is on HP and is always kept in my locked garage.  The part on the notice where it refers to fees charged has been crossed through.  

Link to post
Share on other sites

On 20/04/2023 at 13:00, London1971 said:

Unless of course you have a car parked outside or close by, they can clamp or take away.

 

That's why contacting your local council representative is always the quickest way to 

 

A: Get the bailiffs off the case

B: Come to an easy payment arrangement direct with the council

C; Remove Bailiff Fees

 

Often local councillors hate using bailiffs, they also have power over the council Revenue department, and can cancel or change a lot of things. 

You wasted your time speaking directly to Bristow & Suitor, this was always going to happen. The only interest they have is charging you fees. The advice I gave you a month ago gets you directly through to the only people who can take them off your case. 

This is quite literally a 5 minute email, to your local councillor and I recommend copying your elected head of council in also. Their contact details are freely available on Google.

I understand that maybe you ignored it, or it seemed like too much effort, but I assure you I have been in far higher arrears than you and know exactly how to deal with this situation.

 

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

52 minutes ago, ladyh0 said:

With B&S.

:frusty::frusty:

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

Also be aware that if your vehicle is on HP, although they can't take it, they can clamp it, with menaces.  

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...