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Showing content with the highest reputation on 11/01/19 in all areas

  1. Sorry I wasn't clear renegadeimp. Customers don't need to call back. Where an SAR is required, please ask for this and the advisor will raise a Customer Rights request there and then. This will go to the ring-fenced team I mentioned who will sort it out within the timeframe I've outlined. This will be quicker and cheaper than before GDPR came in. Hope this explains a bit better renegadeimp and have a good weekend. Malc
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  2. Sorted! I received a refund for the overpaid council tax with no issues. Thanks a million for the help.
    1 point
  3. People are confusing two things here. 1. There is the ablilty or otherwise to charge the fees for entering the different stages of the Schedule 12 process and 2. the ability or otherwise to take control of goods if the Notice of Enforcment has not been sent to where you usually live. The two fees involved so far are as below. You can see from the description of the stages in regulation 5 of the Taking Control of Goods (Fees) Regulations 2014 that the stage has a specific start point and from regulation 4(3) that the whole stage fee is due before all the parts of the stage have taken place.:- The £75 Compliance stage fee and that is due as soon as the instruction is received by the enforcment agent. Although the sending of the NoE will normally be part of the compliance stage it is not required to be sent to justify the fee being due. The £235 enforcement stage fee (plus any percentage for larger debts) which is due as soon as the enforcement stage commences which is said to be "from the first attendance at the premises in relation to the instructions..." It does not say the visit has to be for the purpose of taking control of goods. From this you can see the £310 can be due even if a Notice of Enforcement (NoE) has not been sent to where you usually live. From the way the OP describes it, the enforcement agent in this case does seem to have only sent one NoE and that went to an old address so it was not where the debtor usually lived at the time of it was sent. Becuase of this they cannot legally take control of goods. If you are proposing to pay the debt you would be best to point out that they cannot TCoG unless they resend a NoE to where you usually live and allow 7 clear days after it is sent before TCoG. As I said, however, it does not seem legally to invalidate the enforcement stage fee. I would try to appeal to the council to tell the enforcemnt agent to waive the enforcement stage fee as a gesture of good will (you never know!) and accept payment of the council tax debt plus the £75 compliance stage fee. That might be easy if you are going to pay in full immediately but I assume you will be trying to offer a payment arrangement. If you do that they would have time to send a new NoE and make another visit when a new enforcement stage fee would be due even if they'd waived the first one.
    1 point
  4. So sorry to hear about your wife's death. In the awful circumstances of your wife being killed I can see how researching the law on this was not your first priority. But it might be helpful to note that even if this debt does exist you personally are not legally liable for repaying it and cannot be sued in the county court. Nobody is responsible for or obliged to pay their spouse's debts. (Unless you had formally guaranteed the debt, which is not the case here.) As for the payments you have already paid, if your b-i-l claimed this showed you accepted liability for the debt you'd have a strong defence. You would say, correctly, that you made the payments in error because you thought you were legally liable, and stopped paying when you discovered that you weren't. And I believe you could then recover payments made in error, but that needs researching a bit more. The legal liability to repay this (if it is a loan that is legally repayable - that's yet to be established) falls on your late wife's Estate. Did she leave a Will? If so it's the responsibility of the Executors to satisfy themselves that the debt is actually due, and if it is to pay it. Who are the Executors? That may be you too, but suing you as Executor isn't so straightforward. Is there sufficient money in your late wife's Estate to pay this debt if it is actually repayable? It's not at all clear that this is a loan that could be recovered in court anyway. The court would have to decide whether it was a loan or a gift between brother and sister. Your b-i-l would have to prove to the court that the alleged loan was made. The court will not automatically accept it exists merely because he says so.
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  5. https://www.consumeractiongroup.co.uk/forum/showthread.php?490276-F1RST-Parking-windscreen-PCN-Royal-Holloway-University-**WON-AT-POPLA**
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