Hi Emma First things first, as soon as you can, and I mean soon, pay the outstanding payment, it sounds to me some jobsworth has got trigger happy with the court forms, remember it is their job to get the money in as fast as they can, and they don't really care how. In your shoes I would contact my local councillor ( some are a great help others are not but its worth a try) explain your situation and ask him/her to contact the council, lay it on thick, single mum with small child and another due, and tell him/her this is stressing you out for the sake of £68.00 Now Emma check and double check your bill, you say you have until April2010, this I fear is incorrect, most councils allow payments spread over a 10 minth period, finishing in January of the following year, so make sure that you have not taken the total bill and divided it by 12, if so then you will have been in arrears from the start and that may be why they are putting the pressure on. Now the most important, read the first few pages on this thread, get clued up on what bailiffs can and cannot do. NEVER EVER let a bailiff into your house, as soon as they gain access they have the right to return and there is nothing you can do to stop them, but they have to gain " peacefull" access in the first place. They can "levy" on your goods, this means any item they feel could be sold at local auction to recover the debt can be listed and is then secured so you can't sell it/give it away. So if you have a garden then put things like furniture away. ( I had one levy against a sky dish) Keep in touch and let us know how you get on but get the knowledge and you'll sleep a lot better Best wishes Cas

MCA Alarm bells are ringing!!!! Tread very very carefully, I'm worried that by paying the full amount in one go will put you in the " won't pay" category and not the " can't pay". The council may decide that you are one to be watched closely, so when this years fall due you won't be given any leeway. Is it too late to cancel the cheque? I fear you will have to write this one off as a very bad experience. Take the time to read the first 6 pages and get clued up on what to do BEFORE the bailiff write/visit. And the most important thing is THE COUNCILS ARE IN CO HOOTS WITH THE BAILIFF, it doesn't matter that the law states " reasonable costs" for levys' and enforcement fees, these fees are decided by the bailliffs and the council at the start of the financial year and it doesn't matter if you phone a van hire company and get a van for £25 per day they will charge you £95 and there is not much you can do about it

Hi I don't think there is anything else to do, the judge has said he has done what I'd asked and basically game over! I just wanted to let you guys know that if you go the form 4 route, make sure when you send an SAR, be specific and spell out what you wanted. I put the info from the dept of Justice re the Distress for rent rules section 12 to the court but the judge said no. All it means to me is the bailiffs will have an even harder time trying to get money out of me, as they say theres more than one way to skin a cat

Check that the money you are paying is NOT going to this years, as that makes the outstanding one valid Cas

Hey everyone A bit of bad news............. I made a form 4 complaint against the bailif collecting outstanding council tax arrears, quick recap he claimed to have visited my home, levied against my belongings and charged me an enfoecement fee. The guy has never been to my home, never had a walking possession nor levied my belongings, he cannot provide any proof that he has, it went in front of the Judge for license suspension and the Judge declined, stating that they had provided me with the information ( they actually provided a breakdown of the fees) I must be honest when I sent them an SAR I did leave it very broad and never specified the info I wanted, its not me doing the charging so he should have copies of the levy and enforcement but the Judge didn't pick up on this and would not revoke his license, so now I'm not sure where I can go with this. And the really bad blow is I got all my info from the Dept of Justice, and they clearly stated that the bailiff HAD to leave a memorandom showing items levied, and documentation of the enforcement. but still that did not sway the Judge.

Thank you for that Buzby I can't find anywhere on their bills or website that states a minimum of 60 seconds and they refuse to send me a copy of my agreement and T & Cs so ho hum time will tell Cas

So Sticking with the 3 thread but moving slightly, has anyone ever encountered their price plan " promise" I have a contract with 3 but the deal was 200 mins any network and unlimited text, for £20 pm My first bill come in at £106.00 and when I spat my dummy out it turns out that when I made a 10 second phone call they charged me for the full minute, so my so called 200 minutes soon evaporated, ( i have spoken to the other mobile phone providers and they have said they only chrge to the second and I believe this as I was on a PAYG price plan where I had 100 mins and 200 text, once I'd run out no service) and I can't find anything in the contract or T&Cs to say they charge a minimum of 1 minute per call. It turns out that the so called 200 minutes were used within the first 10 days, with no warning of this, any advise? Cas

Hi Des Firstly, calm down, We need more info befor we can advise. Is the council tax for 07/08 year? Has the bailiff ever been to your house? If they have did they go inside? Have they left you any paperwork?? As a single mum do you work at all? Have you reied claiming a ct rebate? Check out your councils website and see if they have the facility to see if you are eligible for a rebate, this isn't an application, just a " see if". Once you have given us a few answers then we might be able to point you in the right direct Cas

Godmother, I'm not waiting for any docs. The info I have posted is what I already have, but I'm looking as to how legal these are. Cas

more info paymentstatementfrombathgatewithper.jpg picture by casbah_02 - Photobucket precontractbathgatelesspersonaldeta.jpg picture by casbah_02 - Photobucket Image hosting, free photo sharing & video sharing at Photobucket letterfromhobartsconfirmingsale.jpg picture by casbah_02 - Photobucket

THE CONSUMER CREDIT (DISCLOSURE OF INFORMATION) REGULATIONS 2004 ("the Information Regulations") THE CONSUMER CREDIT (AGREEMENTS) (AMENDMENT) REGULATIONS 2004 ("the Agreements Regulations") Section 61(1)(a) prescribes that a regulated agreement is not properly executed unless a document in the prescribed form containing all the prescribed terms is signed by the debtor and the creditor or hirer. So does this mean they can sign it at their office, away from me?

Cas Also on the pre-contract info shouldn't it state there what the default interest and other enforcement charges would be? The pre-contract is in template form but none of the sections have been filled in yet they are PRINTED on the hire agreement. Cas

cas

following one of the links above I have come across this; Information to be disclosed to a debtor or hirer before a regulated agreement is made 3.—(1) Before a regulated agreement (“the relevant agreement”) is made, the creditor or owner must disclose to the debtor or hirer in the manner set out in regulation 4 the information and statements of protection and remedies that are required to be given— Now this is under the pre-contract information, so should the "default interest and other enforcement rights" have been disclosed under the pre-contract information? cas

AWWWW see, thats the problem ZOOMIN IN and not out makes lots of kids:D

the_shadow "Were you given a default notice for this agreement" Yes in March 07, contract terminated 18th April court proceedings commenced April 30th 07 Cas

Aha the creditor says this is a commercial agreement therefore not covered by the CCA 1974, So that begs the question " why would they have printed across the top it is, fooling lil ole casbah into thinking she has rights when she don't really?" Also in court docs they added clause 5 Default and other enforcement charges but omitted claue 11(d) my discount. Also they never disclosed the seperate agreement with the supplier to buy machine back..............so stretching the truth, to the moon and back.........I am wondering if I can argue that as they secured this agreement soooooooooooooo tightly they had reservations, and therefore should never have offered such a high amount of credit ( £6.5k cost of machine total price £11k) Also they had the money for the machine in may 07 but didn't credit my account til August 07 ( just b4 court case commenced) thus pushing the amount above the £5k small claims track. They secured a charge against my property, their representative told judge they didn't want any money just to turn an unsecured debt into a secured debt. Judge granted them charging order, 10 days later I get letter demanding full amount, I had the charging order hearing transcripted and sent them just the parts where they drop themselves in it!!!! Then few weeks later DCA called and I'm hoping they sold account So what you guys think? Casbah

Aha now we hit sticky ground............ This agreement was December 06, default served March 07 ( now the reason for this was I spat my dummy out and demanded to know where my £2k deposit had disappeared to, they passed me from pillar to post so being a thicko said "right I'm not paying till you tell me where my money gone" lo and behold default served). On the back of the contract clause 5 says " default and other enforcement rights" a) we have the right to charge interest at the rate of 2% per month on all overdue amounts. This interest will accrue on a daily basis from the date the amount falls due until it is received and will run both before and after any judgement. b) you agree to pay us any charges or costs shown in 'key information' over the page which may become payable, including our reasonable legal costs for enforcing this agreement." BUT clause 7 Default remedies says If any event described in clause 6 occurs, we shall be entitled, afetr giving you written notice (without prejudice to any previously accrued rights and remedies we may have to end this Agreement) to; a) repossess and sell the goods( this they did, but had a seperate agreement with the supplier to buy the machine back should the business fail within the first six months) and b) recover form you: i) rentals and other amounts accrued due to us at the expiry of the written notice,plus (ii) a sum equal ( on the date of termination of this agreement) to the present value of rentals ( including the final Rental) that would have, but for such termination, have accrued due between the date of termination and expiry of the Fixed Period of Hire such sum discounted between the date of termination and the expiry of the Fixed Period of Hire such sun discounted at the rate stated in clause 11(d) from the date of termination to the end of the Fixed Period of Hire less the net proceeds of sale of the Goods if repossessed and sold or thei value as determined by us, if not sold.This net sum shall bear VAT. Clause 11(d) 'present value of rentals' means the aggregate of such rentals net of value added tax after discounting each rental at 4% from the date of termination to the date on which such rental would ahve fallen due but for termination.

thank you FF as you can see computers are NOT my thing cas

Thank you Ida

Scott it should ahve been a hire purchase but it is a hire agreement. Cas

this might be better agreement picture by casbah_02 - Photobucket bathgatecontractreverseside.jpg picture by casbah_02 - Photobucket hope these are better cas

ermmmmmm how would i do that I could load another image through photobucket and see if thats any better cas ps cas is a she

this should be a link to my post with agreement casbah is this covered by CCA 1974 creditor says NOT Thanks cas

Hi Guys here is a copy of the contract, both sides with my personal details erased. Image hosting, free photo sharing & video sharing at Photobucket credit agreement picture by casbah_02 - Photobucket not sure if I have done this right but here goes Cas