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parasiteswatter
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Hello all Just recieved an Order for Recovery of award from my local court, in relation to Council Tax owed.. the council obtained a liability order against me some time ago This Order seems to say that they can now enforce that liability through the county court What do I do? Does this mean ill be getting a visit from court Bailiffs? Please help!
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PCN Bailiff action by Equita
parasiteswatter replied to parasiteswatter's topic in Private Land Parking Enforcement
Thanks for the case law and advice, it's really useful. What I've done so far is write to equita demanding a refund of the amount I think they have overcharged. If I don't get a positive response within 7 days, I'm going to take it to small claims. I'll keep you posted.. Thanks! -
PCN Bailiff action by Equita
parasiteswatter replied to parasiteswatter's topic in Private Land Parking Enforcement
But this was the first visit, and they did not knock so didn't give me the opportunity to pay prior to clamping. In any case, if they clamp a vehicle, it's to secure it and therefore levy distress - which is what the charges in the legislation are for. Furthermore, the car is hp, so they are not allowed to levy against it or remove it for sale - I don't own it! -
PCN Bailiff action by Equita
parasiteswatter replied to parasiteswatter's topic in Private Land Parking Enforcement
ive now moved this thread to the bailiff section (i think!) -
Hello all, I need a bit of advice I had a visit from Equita this morning, they turned up at my house at 6am and clamped my car in my drive for an unpaid PCN. Apparently, they wrote to me in May stating that a warrant had been issued by Northampton County Court and they therefore required £123.44 inclusive of statutory fees of £11.20 by return post. Today they turned up, stuck a clamp on the car, and a standard form through the door (only partially filled in) demanding £356.44. I need my car for work, so I rang them up and aked them to return to sort it out as I would pay. On their return, I asked them for a breakdown of the costs, and was told they'd charged the £11.20 statutory fee, plus £194+ Vat enforcement fee. I challenged this, on the basis of the statutory charge being 28% of the debt, but was told id 'read the wrong bit of the act' The bailiff was also unable to show me a copy of the warrant (when i asked him for it he said he could ring the police and ask them to bring a copy!) I think they have acted illegally here - the car is HP, so cant be removed and sold anyway; they didnt have a copy of the Warrant, and were unable or unwilling to give me a breakdown of their fees. I recorded our entire conversation (unkown to them!) Im pretty incensed by this - what is my best course of redress against the Bailiff?
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Hello all, I need a bit of advice I had a visit from Equita this morning, they turned up at my house at 6am and clamped my car in my drive for an unpaid PCN. Apparently, they wrote to me in May stating that a warrant had been issued by Northampton County Court and they therefore required £123.44 inclusive of statutory fees of £11.20 by return post. Today they turned up, stuck a clamp on the car, and a standard form through the door (only partially filled in) demanding £356.44. I need my car for work, so I rang them up and aked them to return to sort it out as I would pay. On their return, I asked them for a breakdown of the costs, and was told they'd charged the £11.20 statutory fee, plus £194+ Vat enforcement fee. I challenged this, on the basis of the statutory charge being 28% of the debt, but was told id 'read the wrong bit of the act' The bailiff was also unable to show me a copy of the warrant (when i asked him for it he said he could ring the police and ask them to bring a copy!) I think they have acted illegally here - the car is HP, so cant be removed and sold anyway; they didnt have a copy of the Warrant, and were unable or unwilling to give me a breakdown of their fees. I recorded our entire conversation (unkown to them!) Im pretty incensed by this - what is my best course of redress against the Bailiff?
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Hello all Ive recently had a CCJ registered againt me by United Utilities for unpaid water bills They obtained the judgement in Northampton County Court but have now transfered it to my local court for enforcement. I was working away at the time the cliam form was sent to my home address, so missed the deadlines and judgement was entered. I dont beleive I should pay - United Utilities have a sewer on my property that has floodeed my house and garden on 3 occaisions, and ive never recieved compensation to which i am entitled by statute - however my evidence for that is sparse, as its only ever been discussed over the telephone and UU now say they have no record. Whats the best way to proceed? I recieved Application of Attachment of Earnings Order forms today.
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Hi All My Court Hearing was this morning - the District Judge (who was a genuinely nice chap) suspended the evivtion on Terms of payment of the normal monthly payment plus £340 a month towards arrears, stating that "the Council of Mortgage lenders guidance is that Eviction should be a matter of last resort - and in this case there are other options available." He said the fact that I had equity in the property and a person who had not yet reached adulthood lived with me were also factors that he had taken into account. Thank you everybody for your support, (especially Ell-enn - the Judge specifically mentioned that my statement was very clearly set out and showed intelligence and an understanding of the law) and if you are facing similar action by your mortgage company, have heart - the system isnt always against you! Thanks everyone
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Hi All My Court Hearing was this morning - the District Judge (who was a genuinely nice chap) suspended the evivtion on Terms of payment of the normal monthly payment plus £340 a month towards arrears, stating that "the Council of Mortgage lenders guidance is that Eviction should be a matter of last resort - and in this case there are other options available." He said the fact that I had equity in the property and a person who had not yet reached adulthood lived with me were also factors that he had taken into account. Thank you everybody for your support, (especially Ell-enn - the Judge specifically mentioned that my statement was very clearly set out and showed intelligence and an understanding of the law) and if you are facing similar action by your mortgage company, have heart - the system isnt always against you! Thanks everyone
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Had a call from Platform this morning - they have declined my written offer. I'll get the N244 into court today. I've Remembered that in early jan 2009, I paid off the whole of the arrears outstanding under the court order, so the arrears I currently have are new arrears; does this make a difference?
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Had a call from Platform this morning - they have declined my written offer. I'll get the N244 into court today. I've Remembered that in early jan 2009, I paid off the whole of the arrears outstanding under the court order, so the arrears I currently have are new arrears; does this make a difference?
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