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MCBIRNIE25

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Everything posted by MCBIRNIE25

  1. Hi all, just following on from this. Today i received a letter stating they want to pursue me for the damage to the cab, which, after my initial shock, i find outrageous. I did open the door in the rear of the vehicle, but surely the driver has some obligation also to ensure that the road was clear and inform me, he dropped me roadside after all. I could only see a little in the mirrors, and i could not see the van that hit the door. The taxi parked right opposite another vehicle, which was a bit naughty too. However my actions were not malicious in any way. I haven't got a pot to ..., so they can pursue me, but it's the principle of the matter. I injured my hand when the van hit the door, but i never claimed as I don't believe in claim culture and such like. In my mind, it was an accident. Anyone got any thoughts on this?
  2. It's the company the driver hires the cab from. He pays them a weekly settle for the car.
  3. Thanks. It's the settle car company that are threatening him with having to pay them back, not the driver himself. Thanks for your input.
  4. If a taxi passenger opens a car door in to the road to depart, and the door gets hit by a van, can the passenger be held liable? He is arguing that the driver should have made sure it was safe for him to alight, and why did he let him out roadside, instead of turning the car around to park him on the pavement. My friend never seen the van when he checked out the mirror. The van and taxi exchanged details, but neither left their details with my friend, who has been in deep shock since it happened. The taxi was a settle car, and it's they who are telling my friend he will get a claims letter to cover the cost of the damage.
  5. It's with Motonovo. Standard HP car finance. Like i said, only 6 payments left to make on the car. Cheers.
  6. Hello, i've missed 2 payments on my car finance, what can happen? I only had 5 payments left to make and will be able to clear in a week or two. Can they come and take our car?
  7. I have no income. I'm a stay at home dad. My wife's income and the small amount of tax credits just about cover our outgoings. Can't pay what I don't have.
  8. It's roughly 6 months old. They've written asking for payments and to make up the £250 quid i owe them. The judgement was £50 a month apparently. So no actual enforcement as yet, but i can fell it in the pipeline.
  9. Thanks Andy, again. The debt is well under £1000, it's for 200 odd quid, 300 with court charges etc.
  10. Okay, thanks Andy. Thing is, i can't pay it so what will happen? Can the order be varied in amount? They can't enforce it can they if they have no address for me?
  11. I never had redirection in place. I just get the mail off the new tenant who is a mate of mine, when he gets home from working abroad, so roughly once a month. I know this is poor practise on my part, and i am taking steps to address. The thing is, they don't have my new address, we had to move due to threats made against us, so i've never given anyone my new address. I'm thinking a DRO might be the best way forward for me, as I have no income, and i'm not on benefits. I'm a stay at home dad, my wife works though.
  12. Ah, my apologies. I was reading something on another forum that suggested this. Cheers.
  13. Trying to allay her fears Shamrocker. She is asking me amillion questions, and i'm trying to find all the info for her. Of course we want to get it challenged. I did put the AOS in yesterday.
  14. No, to be honest, they weren't aware of the move. I still get my mail to that address. I wasn't aware of the CCJ though as i never got the papers until it was all done. With Bryan Carter, i now believe it's because they have gone bust, it's been transferred to Lowells. Do you know if Lowells would put the CCJ on hold because i'm disputing the charges and stuff? Thanks for your help.
  15. I thought i had kept to the one thread for each case? This one isn't for me. This one is for a relative of mine. I've put mine separately.
  16. Hello, i discovered I have a CCJ, i was not aware of this, as I no longer live at the address, and only get my mail periodically. My question is this:- The CCJ was applied for by Bryan Carter Solicitors, it has now been transferred to Lowell Solicitors. Is that allowable? Secondly, I notice that a large part of the CCJ was made up in charges and interest which would have wiped the total amount of the CCJ. Can these be reclaimed back? Thanks.
  17. Hello all, can a CCJ be used to force a sale of a property? A relative of mine has just found out that Lowell have applied for a CCJ, it's for around £250. She has sent in the Acknowledgement of Service, but we aren't to sure what to do next. Can they apply for a charging order on her property? Thanks
  18. Thanks for the input guys. In my argument, I was going to use Guideline 31 of the Taking Control of Goods Act as my main argument. Namely that Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable. LO paid in full then there can surely be no enforcement power? My main question is though, can he levy for just his fees when i have letters from the council saying the debt is clear? Sorry, just to add further. I've now read the CT link. Interesting reading, thank you. I paid the CT direct to council as i wasn't aware at that stage it had gone for bailiff action. I got the letter telling me this the same day I made payment. With respect of the CT guidance, i read that the monies I paid should have been split pro rata, is this correct? This never happened in my case, the council have taken the full amount and sent me a zero balance. Just left a note with it telling me to sort Rossendales out over their fees. Here is the full timeline involved. Now, there are 2 points I find interesting :- 1) I did try to pay on 6th January before it was passed over for enforcement action, my feeling is it was not a breach to use my wife's debit card, as she is named on the CT account. 2) I overpaid on my CT account by £1.50, there is no mention of this being subtracted from the bill. I'd forgotten I did this, it was just easier than fiddling about. I refer to your emails and telephone calls to my office concerning the current enforcement action being taken against you by Rossendales Enforcement Agents for your above Council Tax account. A summons was issued to you on 13 October 2015, for a Liability Order hearing on 2 November 2015. On receipt of this summons you made contact with my office on 20 October 2015, when it was agreed that the application for the Liability Order would still go ahead but that if you paid £103.00 per month with effect from 5 November 2015, that no further action would be taken. The Liability Order was granted by the Magistrates at Sefton Magistrates Court, Merton Road, Bootle, on 2 November 2015. As requested I have enclosed a copy of the signed Magistrates document to show that a Liability Order was granted against you at this hearing. Due to Data Protection I have had to block out the names and addresses of other Council Tax payers from the document. My records show that the payment due of £103.00 on 5 December 2015 was rejected by your Bank due to insufficient funds. As you failed to bring the payment up to date, the arrangement for payment was cancelled and a letter was sent to you on 12 December 2015. This letter warned that unless the account was paid in full or a new arrangement was agreed, that the Liability Order would be passed to the Council’s Enforcement Agents without further notice after 7 days. This letter also warned of the potential fees this course of action would incur. This included a £75.00 compliance fee as soon as the Liability Order was issued to the Enforcement Agents. It also warned that there could potentially be further fees incurred of £235.00 if a visit was made by the Enforcement agent plus a further 7.5% of the debt if over £1500. These costs are in line with The Taking Control of Goods (fees) Regulations 2014. I can see that you spoke to one of my advisors on 6 January 2016 and wished to make a payment to clear the account. Unfortunately the Debit Card you were paying with was in the name of your wife and so the advisor was unable to continue with the payment as there was no authority given by your wife. You were advised to get your wife to telephone us. Your account was issued to Rossendales Enforcement Agents for collection of the outstanding amount of £268.50 on 12 January 2016. The compliance fee of £75.00 was incurred then. A Debit Card payment was made to your Council Tax account, of £270.00, on 18 January 2016. Rossendales Enforcement Agents were advised of your direct payment on 3 February 2016. My advisor tried to telephone you on 3 February 2016 but unfortunately was unable to make contact. A message was left on your message service to confirm that the Enforcement Agents had been informed of your payment but that you were liable to pay the fees of £75.00 also. You were advised to discuss the matter with the Enforcement Agents. I am satisfied that the fees have been incurred correctly to your account and so am not prepared to suspend action on your case. I would therefore advise you to contact Rossendales Enforcement Agents immediately to discuss payment. should the £75 have been deducted at source? It wasn't in my case, the council have taken the whole amount? Apologies I have asked this on other forums too, I am unclear and need help with the matter. Thanks for all your help. m
  19. Does anyone know if a bailiff can levy goods when the original debt has been paid? The debt was paid to the council in full, and now the council and bailiff company are saying tough, you need to pay the fees of £310 which is more than the debt was for. I know the usual advice of not letting them in and stuff but i can't find a definitive answer on whether they can levy if it's only their fees owing. As far as I am concerned, I paid the Liability Order in full.
  20. Hello, has anyone heard of Ascent financial services? They want to come and do a review of a relative of mine as they have arrears with the Halifax. They made a plan to sort the arrears on phone with Halifax and next thing get a letter from Ascent. Do they have to undertake this review as they really don't want to and want to stick to the agreement they have with Halifax. Thanks.
  21. Hi Timmy, still being blighted by the anti social behaviour. PlusDane are worse than useless when it comes to dealing with anything. Actually got a meeting sorted for next week. My MP has written to their Chief Executive and arranged a meeting between the 3 of us. He was shocked when I told him the PD had stopped me going through their complaints procedure. Both barrels are ready for the C.E. next week.
  22. I've challenged them to provide me with evidence of what they have actually done for me on the estate? Never seen them around the place, very slow for repairs. I had a repair issue the day before Christmas which I reported and it never got sorted until the new Year. Awful to deal with, crap customer service. Wish you the best.
  23. Hi Stu. the Housing Ombudsman has said he can't help because I own the property, so that is a no go route for me. I will have to progress my claim via the small claims route instead. I've not written to them over them breaching their policy, they just have. I would rather do a LBA now anyway.
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