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    • No u Unfortunatley I do not know who they were or how I might find out. the only details of the debt I have find just  mention debt managers.
    • Don't worry, Simple Simon of VCS/Excel is very well known to the forum, as indeed are his defeats, of which he notched up another brace only last week.   There is time to 5 February and as dx says, the defence need only be very short.  Get CPR off today and upload the correspondence in PDF when you can.  Just follow our upload guide.   A few questions.   1.  Briefly, what went on, how did your wife get three tickets?   2.  Is the person they are suing also the same person who was driving on the day?   3.  Did she receive a Letter Before Claim/Letter Before Action?   4.  Is this car park local to you?  If so it would be very useful to see pix of the signage.  You heavily hint that Simple Simon has mixed up Excel with VCS, and this has been fatal to him in court many times.
    • A quick Q; in the CPR 31.14 request which I’m amending to fit the particulars of their claim,  is it worth wording the request in point 1;   1. The contract between VEHICLE CONTROL SERVICES and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. OR land registry details confirming VEHICLE CONTROL SERVICES as private land owner.    Asking this because their claim is worded ‘.The PCN(s) was issued on private land owned or managed by C.’
    • Is the monthly repayment agreement that you have accompanied by interest? Or have they decided to freeze the interest on it?
    • Hi all, good to see a well used forum on all subjects...I don't think this will be too common.   So basically I got a £10 credit for Casimba Casino and turned it into £1045, I have used the same debit card for the past 12 months, I came to withdraw and sent it to that card when I used the withdraw procedure.   After 9 days it wasn't in my bank so their support finally tell me they sent it to a credit card I haven't used in over years, one I had defaulted on when I lost my job! I am paying it off in a monthly agreement.   But this Casino sent them the £1045, I got in touch today and said that shouldn't have been sent, its Vanquis and they said they will ring tomorrow on a decision whether they will send it back, I don't think they will but any ideas how I can persuade them otherwise, this money will be a great help as I struggle to find a job in these times.
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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

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Hi

 

just wanted to tell you of my recent troubles with Drakes Bailiffs. I had an unpaid fine dating back to 1995 which Ihad only just found out about. I was flashed on a GATSO camera for speeding. Unfortunately I had not changed my address on my driving license so did not receive the ticket. I moved again end of last year and also got married - I then sent my driving license off and it cae back with the endorseent of MS90 with a £375 fine & 3 points. I rang DVLA and asked what the hell it was and they said it was "failure to give driver information" they also went on to tell me it had gone to court and that I had to pay the fine. The lady didn't know what court it had gone to or where I had to pay the fine to!!! She said would look into it and get back to me. 4 months on (and after many phonecalls) I finally got a letter from Bath Magistrates court regarding this fine saying I had 7 days to cough up £600 as charges had been added!!!!! I explained that I had only just received the details of the fine and was basically told "tough luck" I told them I didn't have the money but would happily sort out a repayent plan which she said she would send forms out in the post for me to sign and also income declaration. No form arrived but a week later Drakes Bailiffs turned up. I had only just started a new job in the police a week previously and was on a training course an hour away from home. I got a frantic call from my husband saying these people were in the house and wanted to talk to me. I spoke to this guy who was incredibly nasty and said he needed me home within half an hour - and I explained I was an hour away - he then said fine I'm taking your car - oh and by the way I know you work for the police so I will be contacting your CO!!!!! (God knows how they knew I worked for the police as I had only been in the job for a week - that slightly scares me!) Anyway, i managed to get him to agree to give me time to come home - in the mean time they clamped the car and put HUGE red sticker in the front (so now all the neighbours were rubber necking) I managed to speak to a friend who offerd to loan me the money (now almost £700) when I got home the Bailiff was still in the house having marched mud all through even in the childrens bedrooms. I in the mean tie had spoken to my boss and explained what had happened and that the bailiff would be calling my CO (I figured better they hear it from e than from the bailiff) I got home and paid the guy who laughed in my face told me he hadn't called my CO and that he had only been joking about it!!!!!!!!!!!!!

 

The Police have ended up dismissing me because of this, so I am currently jobless all because of a JOKE!!!!!!!!!!!!!!!

 

Just wanted to make people aware of the tactics some of these bailiffs use to scare people. Debt was paid that day so he had ne need to threaten e with speaking to my boss - a week into a job and bailiff threats I guess have been classes as bringing the police into disrepute - all over what amounts to a paperwork error. Word of warning reember to change your address on your driving license if you move house!!

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Your poor thing, however, I think your work were wrong for doing what they did.

 

Two things, do you have a witness to his statement of calling your boss, as this would be against the DPA as is the sticker on the car, do you still have it?

 

I am sure that someone else will come along with some more advice.

 

SFx

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Not convinced the sticker on the car is a breach of data protection!!! Alternatively don't put a sticker on the windscreen - someone doesn't notice the car is clamped and tries to drive away!!!!

 

Not defending Drakes for a minute. The most unprofessional organisation I've ever come across and the "joke" is outrageous, but quite right to put a notice on the windscreen/window!

 

RM

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It used to be a common threat in the credit business when being in debt was at least frowned upon within the military and the police service. I would say it is a breach - not to mention the fact that it was downright immoral!!! Gonna PM you on another matter.

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Sorry I meant 2005 not 1995. Thanks for all your replies on this - I have found another job which I was very pleased about, however I am absolutely disgusted with the way Drakes acted. The whole "Joke" thing was just a power trip and the guy was very nasty even when I told him on the phone that when I got hoe I would pay the debt in full but was driving so not much I could do til I got there. I didn't see the need to clamp the car as I wasn't even there to be able to drive it!!!

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Serendipity,

 

Have you looked into the possibility of getting the conviction set aside? It should be possible as you were never served with a summons and given a chance to defend yourself.

 

PePiPoo: Helping the motorist to get justice would be a great source of info if you decide to go down the "set aside" route.

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Guest Herbie

Drakes Bailiffs have to be certificated in order to undertake work for the magistrates court. Do you have the name of the bailiff that attended so that I can check our records, do not put the name here but pm me so that I can check our database.

 

For Magistrate court fines such as this the bailiff would need to be granted a clamping order by the courts. Were you provided with any evidence of either this or the warrant ?

 

More importantantly the warrant has to be returned if not executed within a certain time frame. Do you have the date that the warrant was issued to Drakes. ?

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heres my story..can anyone help..

 

a few weeks ago 2 fat men from drakes turned up, for a parking fine against my wife, who is terminally ill and disabled. they stated that she had a parking fine from maidstone council for parking in a disabled bay without showing her badge, this was the first we knew of it however i told the bailiff fat man that i owned all the goods and chattels in the house and that he could not come in...he put his foot in the door and stated that he now had a pieceful entry so he could come in, i again refused to allow him in and he refused to remove his foot stating that that was good enough for a pieceful entry, i must admit i threaten to smack him if he didn't remove it, he called out to his mate to call the police which he did, they arrived and i explained to the policeman that i had refused him entry but he put his foot in the door and tried to push passed me, the policeman told the bailiff to leave the premises or be arrested, i admitted threatening to smack him, however the police clearly pointed out that without a warrant to enter the house even they can not stay if asked to leave...

the bailiff left stating he was going to court to obtain a warrant of entry.

i suspect that soon i will have another visit, can anyone advise me on them putting there foot in the door and refusing to remove it?? where do i stand under the admin of justice act 1970 ??? the bailiff claims he can take my wifes new car which is on HP..Can he do that?? i tried to speak with the council but they said take it up with drakes,

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nice to see that some police know the law.. bailiffs cant take goods on hp. i would write to the council out lining everything you have mentioned here and put it a complaint to drakes out lining their codes of practice. you can get that on their website. pm me if you want their website addy as i dont know if i can put it in the forum

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Hello again

 

I don't have any paperwork at all as I wasn't even at the house when they came - my hubby is american and has no clue of our laws and as the debt was in my name they talked to me on the phone while I was in transit. By the time I got home I had organised the money and just paid them. All I have is a receipt. They unclamped my car and went - I just want to put the whole thing behind me - its been a nightmare but thankfully have come out relatively unscathed - less a job but I can always get another one. Like I said my main reason for posting was to make people aware what utter barstewards these people were and a gentle reminder for people to learn from my mistakes and make sure they change their address on their license!! Thank you all for your replies - this site is brilliant.

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  • 1 year later...

i would have thought that given the fact a vehicle has to be insured etc even if u hadnt informed the dvla of ur change of address a letter from the court would have been issues and possibly a summons which would mean them doing a full dvla check??? at the end of the day its the car they trace not the driver!!!!!!! and dont you have to get a road tax renewal sent to the adress where the vehicle is registered!!! i think someone at their end didnt do their homework properly by the sounds of it when i moved house my parking ticket followed me within weeks and i didnt even update my drivers licence adress for another 4 years after that(was on a provisional and didnt bother changing details till i eventually could be bothered sitting my test)

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