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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Which I've decided to decline.

 

Can anyone point me to some good text I can include in my reply to 'help aid' their decision to increase this to the full amount?

 

cheers guys.

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Send the preliminary letter.

Amend it to say that you note their offer but you are not prepared to accept it as the full extent of their indebtedness is £XXXXX.

Then use the rest of the letter. 14 days

letter before action 14 days

Good News

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  • 2 weeks later...

So I declined the 50% offer, stating that I wanted the full amount etc....

 

Got a reply today from Anita Hicks.

 

"...I am sorry you remain unhappy with my response to your compliant, and note you are not accecpting my offer to re-imburse some of your bank charges.

 

I must re-iterate I belive the offer I made in my letter dated 28 Febuary 2--6 is fair and reasonable and I am therefore unwilling to meet your clain of £1395.50.

 

I appreciate this is not the reponse you have been hoping for, but trust I have clarified the Bank's position.

 

yours sincerley"

 

 

Seems I've got a fight on my hands here.

 

What should my next step be?

 

thanks

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file a claim!!!

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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file a claim!!!

 

Now

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Lucky you, I didnt even get a reply after my rejection of their 50% offer. Get your claim in asap

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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  • 2 weeks later...

Hi guys,

 

I submitted a claim on moneyclaim 10 days ago - today I recivied an "acknowledgment of service" where Barclays ahve ticked "I intend to defend all of this claim" signed by a Keith Jeremiah.

 

does this mean they are actually going to see me in court?

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Not necessarily. It just gives the bank 28 days to submit a defence rather than the standard time allocated. It's just another way to hang on to your money for longer

 

I have also received a acknowledgement of service from Barclays

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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  • 2 months later...

Hi Guys,

 

I'm still waiting for a date of my court hearing but have recivied a letter from the courts

 

Reads as follows:

 

Further to the filing of allocation questionannaries in the above case Judge Jolly has reviewed the file and made the following comments:,

 

"It is difficultto see how the Defendant, absent any witness evidence, could show reasonableness of charges or details of its costs. Surely there will be a witness. This has a bearing on the time estimate for the case. Any observations please within 10 days, whereafter file to be referred to district Judge Jolly for directions."

 

What do you guys think? Sounds quite good I think.

 

thanks

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what a great letter, I am currently waiting for a hearing date from the court, re Barclays, (the court said it would be around July/August time)

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  • 2 weeks later...

Hi Guys,

 

It's now been 15 days since I received my letter with the comments from the judge and I still haven't heard anything. The Judge gave Barclays 10 days to reply, how strict is that? Can Barclays take their time of this too?

 

Is it appropriate for me to approach Barclays to 'chase' them up?

 

Thanks

Kevin

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Seems to me that the Judge is going to do something as 10 days have passed without Barclays responding.

Have you logged into Moneyclaim to see the status of your claim?

 

It may be that you can get a judgement by default if Bayclays have not responded to the courts instructions. I think you can do this online.

 

If Barclays have overlooked your claim or the courts directions it may not be a good idea to give them the opportunity by raising the issue with Mr Jeremiah

 

(these are my observations only here as I haven't got past the AQ stage yet)

 

I have lodged my claim and it has been acknowledged but hasn't gone any further yet.

 

Good Luck !

 

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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cheers for the reply,

 

Moneyclaim just says.......

 

"You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

Is it possible to speak to the Judge and ask if Barclays have indeed responded?

 

Cheers

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Reading that, the bank has acknowledged receipt of your claim and is preparing a defence. There's nothing more to be done until the deadline for filing the defence has passed or, indeed, a defence is actually filed.

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****update***

 

Rang the court today to see if Barclays had indeed responded as requested and YES the response was with the judge for him to assess.

 

I have requested a copy of Barclays response from the court.

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  • 1 month later...

***update***

 

Have been given a date of 17th Sept for my hearing. All evidance had to be submitted to the courts and all other parties by the 14th August which I did. However I have recivied nothing from Barclays.

 

Has anyone ever recivied Barclays' evidance?

 

thanks

Jinx

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5310 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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