AN AMAZON customer who returned 37 items over 15 years has been banned from the site and had his gift card balance taken away. He insists there was a genuine reason for all his returns over the past two years – the goods were either faulty, damaged or not as described. However, Amazon has refused to let him continue buying from the site without giving him, in his words, a “proper explanation”. Amazon told Nelson that the money held on his account as a gift card balance is lost to him, as gift vouchers can only be used on the site and have no transferable value. http://www.theguardian.com/money/2016/mar/18/banned-by-amazon-returning-faulty-goods-blocked-credit-balance

Short Question Can I seek a refund from my credit card company for items that haven't turned up? Would this be under Section 75? Long Question I ordered a new guest bed from beds.co.uk last week. We need it for this coming weekend as we have people coming over to stay in our new house. Beds.co.uk require that you book a delivery date online with their delivery company Premier Delivieries (based out of the same address) once the order has been paid for and processed, which I did within 20 minutes. Although they offer free delivery for a weekday, for a Saturday delivery you have to pay an additional £9.95 (via paypal). After paying my additional fee and selecting Saturday 2nd April for delivery I waited in all day, to find the bed hasn't turned up. I half expected this as after stumbling on some bad reviews under their other name Furniture Italia, I discovered that a lot of people have had items not turn up on the correct date. I even tried to contact them earlier this week to confirm delivery however they never answered the phone. As I've spent over an hour and half today phoning them and their delivery company I decided to look at way's to get my money back. There's stories online of cancellation fees being charged and refunds taking weeks to appear. As I paid the £230 for the bed on my Halifax credit card (Through a payment processing page / not paypal) can I approach them for a refund? Can I claim for this under section 75 as the item hasn't turned up? Thanks Scott

Hi I have a long running problem with a local limited company. His latest attempt to get out of it is to resign as sole director and let the company get struck off, its now showing proposal to strike off! He has over £3000 of my money and the asset how do I deal with this, can I still take the company to court? I was hoping the fact he isn't winding the company up "properly" and taken all the assets and capital out of the company would mean he is guilty of wrongful trading and that I could go after him personally? Or am I best trying to get the faulty goods back and cutting my losses? Urgent advice please!

Not sure if I have posted this in the right place? Apologies if not! I'm currently working through my credit file and found a default from 2012 for £200 from when I was a representative briefly. I have contacted AVON and said: In April 2012 I was briefly signed up as an Avon representative at my previous address XXXX. I placed a couple of orders but then my personal circumstance changed and I was not able to continue, and I moved house shortly afterwards. I had some outstanding products to return from a couple of customers who didn’t pay for their orders and these were outstanding when I resigned as a representative. I received a bill from yourselves for £200 for outstanding stock, and contacted customer services to arrange a collection. This was arranged and the products were left in the secure cupboard where previous deliveries had been left by your delivery driver. The products were subsequently collected and I then moved house. Four years later, I am applying for a mortgage I have just been going through my credit record, only to find there is an outstanding amount showing to Avon for £200 (which I can only assume is for the products mentioned above), which is showing as a defaulted mail order account. This is adversely affecting my credit record and I urgently need to get it resolved. As above, I have never owed any money to Avon it is extremely disappointing that something I took up to help out with a little extra money has been having such a detrimental effect on my credit rating. I have also never signed up as a mail order customer directly as implied by what is showing on my credit report. I think this would be a good warning to others on how becoming an Avon rep can be incredibly negative. Please could you look into this as a matter of urgency and remove the incorrect record from my credit reference report. They have responded to say: Please send a copy of the signed proof of return from our carrier for the goods you have returned to Avon. Upon receipt of the balance, we will instruct the Credit Reference Agencies to update their files to show your account as satisfied. I don't have those receipts any more, it was four years ago and I have moved twice since then. I have received nothing from AVON or any DCA so assuming it is still sitting with AVON. Is there anything I can ask them to do, surely they have to keep the records? Also I don't want to pay the balance as I don't owe them anything, and I don't want it shown as satisfied, I want it removed from my file as it shouldn't be there! Any advice on how to proceed?

i received a letter a couple of week ago from rossendales for a council tax debt of £491 i rang them and offered to pay £25 a week which would be a struggle they refused it and said i had to pay £69 every week or they would take further action. I tried to explain i couldnt afford it but they were having none of it. I have paid £50 off the debt £20 last week and £30 the week before but the bailiffs had came when i was out today and now want £676.61 and will be returning on friday t says they will be removing goods even in my abscence. Can they do this. I dont know what to do i have tried to explain to them and i rang my council who said they couldnt do anything now that it has been passed to them. I thought it had to go to court before bailiffs could come. I am trying to pay it but there is no physical way i can pay £69 per week .Please help

Quick question re. what I've been reading about bound goods. I'm currently at Enforcement Stage for an old Council Tax amount on a previous address (from ~4-5 years ago). I'm unable to pay the full amount currently, and they don't seem particularly keen on an affordable instalment arrangement. My intention is to sell goods this week to raise funds to at least allow me to make a larger up-front payment in the hope of negotiating repayments for the remaining amount (if not raise enough to pay off the full amount). However, I have read this morning that my goods are considered bound from the point that the NOE is issued. Will I therefore be committing an offence if I attempt this (possibly disposing of goods while bound)? No EA has entered the property, and no goods have been taken under control (and some of the goods I intend to sell are stored elsewhere in any case). Note: there is no suggestion of selling/transferring ownership to avoid seizure or to subsequently retake possession of the items following the end of enforcement action. Any money raised from the sale of the items will be used to repay the EA.

I have things I want to return to a person that is not making contact. They have 2 options either the bin or dumped where theiir car is. What is the worst that can happen? I am not prepared to keep anything and it all has to go one way or another.

I was living in a rented room in a property. One of the exterior walls of the house collapsed on 8th Feb 2016 leaving it unsafe and having to move out in 3 days. Because of the collapse and where scaffolding has been erected to make the house safe my car (which at the time was unmovable) has now been blocked in and there is no other exit or way of getting it out other than down the driveway. The car is a high value race car which and so an agreement was made in writing to have the car removed by 29th Feb 2016. The scaffolding is still there and agency has said the scaffolding now won’t be removed for quite a while. I have spoken to the MD of the agency I rented the room through and he has said he has to abide by insurance company and saying he can’t do anything. Is there anything else I can do? Do they HAVE to do something in order for the car to be removed? Is this illegal to withhold my property which I believe is effectively what they are doing. Any help is appreciated. Thanks

Woke up this morning to an enforcement notice from Equita in respect of a June 2015 PCN at a council car park. We should have appealed the original PCN but it fell down the cracks (my car but husband was driving it at the time, both busy etc etc) So what to do now? The notice which is just on Equite headed paper says that the Enforcemen Agent is "authorised by the court" to remove goods/vehicles... My questions (and grateful for any other advice which can be offered): - What authority do these guys have? In what way are they authorised by the Court? Which Court? I have not seen anything from any Court. - I did receive an Charge Certificate from the Council. Can they try to take this? - I want to make an out of time appeal against the original PCN but I think I have to have received a TE3 for this and I am not sure at all that I have (we tend at least not to ignore court notices in this house). Is there any way I can find out? From the "authorised by the Court" wording it sounds as if I should have done. Should I telephone the enforcement agent and ask? - I am proposing to pay the fine and reclaim it (if we submit an out of time appeal - since I'm being put to all this trouble now I may as well take a little extra time now to reciprocate). I think this should cancel the enforcement action? Any major "DO NOT DO THIS" advice on this front? Thanks

See here >> http://www.derbytelegraph.co.uk/Bailiff-tried-television-says-Derbyshire-landlord/story-28724803-detail/story.html From Scoop

Good evening all, I would be grateful for any advice that may be offered for the following case that I am pursuing through the Small Claims court. I have changed the exact dates, but the rest of the details are accurate: On 15 November 2013, I found a website offering for sale some consumer electronics. It was a computer peripheral (offered as a kit or fully assembled) that would enable me to expand my fledgling prototyping business. After many calls and emails with the Company Director, I went ahead with ordering an assembled and calibrated unit for the sum of £1000.00 (including courier delivery). The sale was agreed specifically for an assembled and calibrated unit, to be delivered within 10days. The director emailed after 11 days to state that he was waiting for parts and that I should receive the unit soon. Queue excuse again a few days later, but the Director offers to deliver the unit to me personally. After much chasing, a tracking number is received, but no goods. On querying with the Couriers, they state that the goods were never collected because no-one was ever found at the collection address. Repeat this cycle for approximately 6 months, at which point I contact Solicitors for advice. They do a search and advise me that CompanyA has been dissolved on the 22 June 2014 (effective 15/06/2014). No legal recourse as there is no legal entity to pursue. News to me. I complain to Companies House (CH), but am told that I had 3months to object to the Dissolution and that's that. They advise to continue communicating in the hope that the goods will arrive. The Director keeps up the promises and the goods never arrive. A request is submitted for delivery of the goods or full refund of the purchase price. This is ignored. The Director eventually ignores my emails and phone calls. The Director randomly emails me with another false Tracking Number in September 2014, to which I respond that I know he is making false statements and that I have reported him to the authorities. He replies to say 'sorry to hear but understandable. Machine will be sent soon'. I complain to Trading Standards (TS) and the Police Fraud squad (AF) and am advised that although I have no legal recourse, I should still pursue the matter by persisting in asking where the goods are/when they will arrive. AF advises that I should not under any circumstances give this individual any more money if he gets back in touch. Following the dissolution of CompanyA, I go back to his website where I find he is offering the same goods and services, but now under CompanyB. The terms and conditions on the website are still listed as CompanyA. I get back in touch with TS and AF and complain again, also contacting CH to report what I believe was Phoenix Company action. No further action by CH as he applied for Voluntary Dissolution. No further communication with the Director is received until February 2015 when he comes back on the scene, apologising and saying that's it's been all a big mix up and that CompanyB is now responsible for delivering the order. Again, news to me. I consider that maybe he is serious following the AF/TS complaints and is going to deliver the goods. On reading back through the correspondence, he does state that it is his intention to close the company 'within the next three months', but not that he has already filed the application. In hindsight, it is clearly his intent to close the company before he even resumes contact. Further, he states in a later email, that only those who have opted to NOT receive a machine would have received a copy of the DS01. Alarm bells ring and on checking, I find that he has an active application for dissolution. I am just in time to register an objection which is upheld. I notify the Director of my objection and continue to appeal to him for mediation, compromise... a solution. He repeatedly requests to discuss things over the phone and after a few weeks of waffle, I decline further contact by phone. I challenge him with regards to the DS01 and he emails a copy through, stating that he has never hidden this from me and that I should have received one in the post. No proof is provided, no communication is received from this Director or his Companies by post. Ever. I make him aware that I am contemplating legal action. His response is that CompanyB is ONLY fulfilling the orders. When I challenge his handling of the situation, his response is to ask if I want to invest £3000.00 in his business. I ignore this. A 'Notice Before Action' (NBA) is issued to his business address and home address. The home address one is signed for, the business address one is returned a month later, uncollected. He acknowledges receipt of the Notice. He misses the deadline to respond to the NBA. He later offers that funds are low, so he would not challenge legal action. He also asks that, given my history, would I be interested in an investment opportunity? I lodge a further complaint with the Director, who ignores the complaint and instead offers 49% of his business for £5000.00 and states he would then be able to issue my refund. (?) I again complain to CH. After objecting to dissolution for 6+ months, I progress to legal action. On legal advice, the Solicitor questions the ProForma, the only document I have with an order number on it. I question if it is acceptable proof of purchase and he agrees that it is. It is unclear who the liability for the ProForma is with - I assume it is with the Company. Solicitor advises naming Director and Company jointly, which I do. On investigation since submitting the Claim: The Director is sole member and sole Director of Companies A, B and C. (You cannot deal with anyone else in the company other than him: He is a one man band.) I find that the Director's DOB on the Certificates of Incorporation are listed differently between CompanyA and CompanyB. CompanyC is registered with incorrect Director's contact details. Director is later removed and reinstated with contact details for CompanyB's business address. CompanyB and C share the same trading address. The Director alleges that CompanyB and the unit are closed, but on investigation, I am told that the named unit is occupied with an active lease and no notice of termination. CompanyA's application for Dissolution was dated 3 months and two days after I sent the payment (17/02/14 and 15/11/13 resp). Granted he has not (to my knowledge) traded within that 3 month period prior to the application - I question whether there is an indication, seeing as how there were 2 days between sending the money and making the decision to no longer trade; that there was an intent to take the money without ever fulfilling the order. This would seem to be corroborated by not being notified of the Dissolution of CompanyA. CompanyA and the Director are repeatedly named in a user forum specific to this industry that I recently find. There are numerous complaints almost identical to my own. It appears that previous legal action has been settled in mediation with questionable/pitiful results. No accounts have been submitted for any Company. Only one return is ever filed for CompanyA, and all documents show as Outstanding (that's not for performance) with CH. As all have been/ are being Voluntarily Dissolved, CH will not take further action, even in light of his failure to notify Creditors and suspicions of sharp practice. These are stated offences in the Companies Act 2006. The Solictor's reaction to the ProForma bugs me. There is a logo that states CompanyA, but the only mention of LTD is under his name as Director of CompanyA Ltd. There is no inclusion of the Company Number and no VAT details. The office address is both the Company's address and the Director's home address. No invoice or receipt is ever received from CompanyA. I only have email confirmation that the Director received the money. Is the ProForma proof of an agreement between the company and myself, or the Director and myself? I call HMRC for clarification, they advise that the ProForma I originally received is not a recognised Invoice. It is considered to be a quote for goods and services. They cannot comment on whether the agreement is with the individual or the company. CH advise they cannot comment on the legality of the document, but based on my continued evidence and pending court case, the objections are being upheld pending Judgement. Director contacts me to complain that I have named him personally as a Defendant. I ask him who received the original payment. He does not respond. The Director has just defended the claim against himself, but nothing has been received for the company. Default Judgement has been removed now that his defense has been submitted. His defense is that the order is with the Company and that I already know this as I am objecting to it's Dissolution with CH. He states that he has sent me the DS01, (which he did, but only after I demanded a copy of it (and months after the application was submitted)). Whilst I have continually tried to be reasonable, his persistent evasion of any credible information leads me to believe that he is either incompetent or blatantly defrauding his customers. I only have his word that the goods exist and that the agreement is with the Company. As you can imagine, after 2 years+ of outright deceit, I am very suspicious of anything he states. I believe that I am waiting for a question pack from MCOL in order to progress to Judgement, but am concerned that the debt is going to be lumped on the Company and he'll close it without paying. Actually, I think it's obvious that he has been trading whilst insolvent, but I do not know what further powers (as a Creditor) I have to prove/charge him as personally liable. Was I wrong to name him as a Defendant in the first place? The claim covers the basic facts, but I am concerned because of the preconceived response to Director's liability in these situations. I don't want to waste the Court's time, but I do want to submit as much documentary evidence as possible for the Judgement. Is anyone able to offer any further advice? Many thanks in advance for your help.

Hi, I bought a gym set online and it arrived a week ago. I built it, then realising it was too tall for the room. I can take it apart and repack but can I return it? Thanks for any help! These are the return conditions stipulated: Right to return we offer a fourteen-day "cooling off" period, which gives you the opportunity to check your product and see if it fits your needs. If for any reason you are not satisfied with the product, you must contact us by E-mail within seven days after the original delivery date. During the "cooling off" period we offer a full refund of the product, original shipping cost (if charged) and FREE pick-up service (if the purchase amount is above 45 GBP). You must return the items unused, in their original undamaged packaging and in a saleable condition. If you miss the "reflection" period we also offer a 30-day money back guarantee, this means you are still able to return the product 30 days after you received it. You will get a full refund on the product, FREE pick-up service (if the purchase amount is above 45 GBP), but no refund on the original shipping cost. After 30 days the order, and thereby the contract, is considered concluded. We advise you to always check whether the products have arrived undamaged and complete. If this is not the case, please report so to our customer services desk as soon as possible. Please note that you must inform us via a durable medium. This means E-mail only. In accordance with applicable law, we ask you to take reasonable care of the product, even if you do not intent on using it. Products should, if possible, always be returned in their original packaging. We may ask you why you want to return your received item(s), though you are never obliged to justify your cancellation. The only reason we are interested in knowing why you want to cancel your order is for improvement of our goods and services where possible. Return Address: TecTake GmbH Tauberweg 41 97999 Igersheim, Germany

Hi there, I specifically searched and joined this to find out information. I have done a terrible thing but to me it wasn't a problem until now all because something come up last week I had to use my money for something else. Well first of all, I got 6 items in total from bright house. But most of the items I no longer have, as I sold them to get money. I know I shouldn't have done it and now deeply regret doing it because, something come up last week where I had to use my money on something else. Long story short, I called them up because I realized that I was going to have difficulties paying this week. But sadly, I quickly found out, that they were not helpful at all, or in the least flexible when I told them I had problems meeting last weeks payment (yesterday was the deadline), although I explained this, they still went on about paying before closing time on Saturday. Furthermore, I was also told I am now going to have a fine for about 80 pounds, for paying late ...and just to make it even worse, they told me I can not just pay this coming weeks money I would have to pay the fine first. Well to be honest there is no chance that is going to happen as I only get 70 pounds this week and I need half of it to buy food to survive until next week. I suppose the point really is, if it weren't for this over the top late payment fine, I Would be able to catch up on the payments I missed by next week and everything would be all back in place again. But unfortunately because of this late payment charge and the fact they want that first, makes it impossible for me to pay them anything. So I know the next step, they will come to my door to retrieve the goods back. But like I said I do not have most of them anymore, so what happens now? IS it possible I could get prison time for selling the goods? Or will I get charged with theft? Well the thing is, I am quite disappointed that they were like talking to a brick wall when I told them I could not make payment, and then when I explained how I would catch up on the payments they insisted that I would have to pay the fine first..well to be honest, this awkwardness makes me not want to pay them another penny anyway. It is either my way or the highway in my opinion, they haven't accepted my way, so it is the high way. (of course) In saying all this, I have to be honest I am quite concerned exactly what is going to happen now as I said I have sold most of the goods, I sold them on gum tree and there is absolutely no way of retrieving them or even tracing them. So that idea is out. Anyone any suggestions? has any one any idea what will happen to me now?

Yet again another debtor has been found guilty under section 68.1 of the Tribunal Courts & Enforcement Act 2007 for interfering with controlled goods and also for criminal damage. Of serious concern is that this person was also represented by a McKenzie masquerading as a 'Lawyer' who has been responsible for a number of failed legal cases over the past couple of months that have resulted in debtors losing many thousands of pounds. In this particular case, the brief background is that Croydon Council issued a penalty charge notice and the debt remained unpaid and was passed to their bailiff contractor; Confero Ltd to enforce. The enforcement officer attended the property and located the vehicle. A wheel clamp was applied and the relevant statutory notice posted through the door. The owner of the vehicle forcibly removed the wheelclamp and drove away in the car. Later that same day he was arrested by the police and charged with the following: Criminal damage (to the wheel clamp) Theft of the motor vehicle. Intentionally inferring with Controlled Goods without lawful excuse. The vehicle was removed to the enforcement companies car pound. He was bailed and had a first hearing at court earlier this year (May). The individual claimed that he had not received statutory notices from Croydon Council and accordingly filed an Out of Time witness statement. It is assumed that this had been rejected. At Bromley Magistrates Court yesterday (5th October) he was cleared of the charge of theft of the motor vehicle but was found guilty of the other two charges (criminal damage to the wheelclamp) and interfering with controlled goods without lawful excuse. He was fined a total of £1,598

Good Morning everyone, hope im posting this in the right area. I bought a Toshiba Chromebook 10 days ago from Very on a buy now pay later. The product is not fit for purpose and when having only a few tabs open it freezes, crashes and restarts. This is very frustrating as my DD is trying to study and research for college. We reviewed the product before we bought it online and it seemed a fairly good product for the price and more then capable of doing what we needed it for. Phoned Very last night which of course meant i ended up with a over seas calls center. I explained the problem and told them i was rejecting the goods under the sales of goods act as it was not fit for purpose. This got me nowhere and they are insisting i contact Toshiba to arrange a collection and repair. I dont feel i should have to accept a repair to a product we have had for 10 days. Ive tried reading up about my rights but everything seems so vague. So thought i would ask you guys as you have always been very helpful in the past. So, what is the best course of action and what are my rights in a situation like this Kind regards Haven xx

In April 2014, significant changes were made to the way in which bailiffs can enforce debts. Most importantly, the fees that can be charged are fixed and transparent. The following page is an overview of the new regulations. Terminology The Taking Control of Goods Regulations 2013 modernise terminology. The terms levy, distress or distrain are now known as the process of ‘taking control of goods’. A walking possession agreement is now called a Controlled Goods Agreement and bailiffs are now known as enforcement agents (although they can still be referred to as bailiffs). Warrants of execution (in particular for road traffic debts) and warrants of distress (for Magistrate Court fines) have been renamed warrants of control. With debts enforced via the High Court, the centuries old term of a writ of fieri facias (writ of fi fa) has been renamed a writ of control. Enforcement Agent Fees The Taking Control of Goods (Fees) Regulations 2014 also came into effect in April 2014 and with the exception of ‘writs of control’ (enforced via the High Court), the following fees apply to all debt types (council tax and non domestic rate arrears, local authority issued penalty charge notices, magistrate court fines, child support agency arrears and rent arrears). Compliance Stage Fee: £75 Upon receipt of an instruction from the client, the enforcement company must send a Notice of Enforcement to the debtor. The notice must provide the date of the notice and the date and time by which full payment or a payment arrangement must be set up. This strict period of time is referred to as the ‘compliance stage' and must by law provide a minimum period of seven ‘clear days’ before an enforcement agent may visit the property. The compliance fee of £75 is payable for each Liability Order or Warrant of Control. Enforcement Stage fee: £235.00 (plus 7.5% of the value of the debt that exceeds £1,500.00). If full payment or a payment arrangement is not made during the Compliance Stage (or a previous payment arrangement is broken), the case will progress to the ‘enforcement stage’ and an individual enforcement agent/bailiff will attend the property for the purpose of ‘taking control' of goods. This fee becomes payable at the time of attendance. If the enforcement agent is enforcing more than one Liability Order or Warrant of Control against the same person, he may only charge one enforcement fee (of £235). He cannot apply ‘multiple’ charges. Sale stage Fee: £110.00 (plus 7.5% of the value of the debt that exceeds £1,500.00). This fee shall be charged when an Enforcement Agent attends the premises to remove goods and makes preparations for the sale of goods. It is important to note that additional charges may also be applied relating to the removal. These include storage and locksmith’s fees. Forms and Documentation The new regulations provide a series of statutory forms that must be used by the enforcement agent. Full details of all forms and the information that must be provided on them can be viewed here. Making a payment proposal The legislation provides a strict period in which to make payment or to negotiate a payment arrangement without the need for a bailiff attendance. This is referred to as the ‘Compliance Stage’ and begins with receipt of the Notice of Enforcement. If full payment cannot be made within the strict time period outlined in the notice, (a minimum of seven ‘clear days’) then it is vitally important to contact the enforcement company to make a payment arrangement. Most companies will readily agree to accept an arrangement over a period of 3 months (and possibly even 6 months) depending on the individual circumstances. Providing the enforcement company with a simple Income and Expenditure calculation at this stage may be of assistance. Failure to make payment (or to agree a payment arrangement) during the compliance stage will lead to a bailiff making a personal visit to ‘take control’ of goods. This visit will incur an enforcement fee of £235 as outlined above. Vulnerable debtors Far better protection is given to vulnerable debtors under the regulations. One example being that a vehicle displaying a disabled badge is now exempt from being taken by a bailiff. Secondly, and most importantly, Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 makes provision to protect vulnerable debtors who may have been unable in the early stages to seek advice (from the local authority, magistrates court, debt counsellor/debt charity etc) about the debt. If a bailiff makes a personal visit (which incurs an enforcement fee of £235) and identifies a debtor as ‘vulnerable’, then Regulation 12 provides that he should give the person a chance to seek advice prior to removal of goods. If he fails to do so, the enforcement fee of £235 is not recoverable. An enforcement agent will not know in advance whether a person is ‘vulnerable’. It is therefore vitally important to make the enforcement company aware of any ‘vulnerability’ at the earliest possible stage (during the compliance stage) and where possible, to provide some form of documentary evidence. Times of day when a Bailiff/ Enforcement Agent may visit The enforcement agent/bailiff is allowed to visit the property seven days a week (including Sunday) between 6.00 a.m. and 9.00 p.m. He is not allowed to visit on Bank Holidays and Christmas Day Items that are exempt from being taken by a bailiff As outlined above, if full payment or a payment arrangement is not set up during the ‘compliance stage’, the account will progress to the ‘enforcement stage’ and a personal visit will be made to ‘take control’ of goods (hence the name of the regulations). In reality, the enforcement agent will be seeking full payment of the debt. If this is not possible, then he may ‘take control’ of none exempt goods. The regulations provide a list of exempt items that cannot be taken into control by the bailiff. The following are the most important: Items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350; Clothes, beds, bedding, furniture, household equipment, items and provisions as are reasonably required to satisfy the basic domestic needs of the debtor and every member of the debtor’s household. Cooker or microwave, fridge, washing machine, dining table and dining chairs to seat the debtor and every member of the debtor’s household. Land line telephone, or a mobile phone. Domestic pets and guide dogs. A full list of items that are exempt from being taken into control by a bailiff can be viewed here. NOTE: Motor vehicles are the most common item to be taken by bailiffs. A separate post is provided below on this subject.

Those of you that happen to have the Enforcement Agent (EA) and demanding money to clear your debt you really should get to grips with what is a must on these forms, and what happens if you cannot keep to the agreement... Please have a read here as it could help you understand CLEARLY what could happen in this case for the link it is here https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiff-has-issued-you-with-a-notice/bailiffs-notices/controlled-goods-agreements-bailiffs/ As you can see the EA MUST follow a strict regime before a CGA is correct.... The link has visual forms that you can read now and get to grips with it. Most of all the person signing it must either be you or someone the has your PERMISSION to do so. Whether or not the EA believes that the 3rd party has a verbal agreement that they can sign for you, it does not state that this needs to be in writing, this could cause issues if the other person is your partner. So maybe consider not giving your permission in the first place then the CGA will be void if a 3rd party signs it without permission... Finally this If a Controlled good agreement doesn't keep to the rules If a controlled goods agreement doesn't keep to these rules, the bailiff won't have control of your belongings and you can do the following: refuse to let the bailiff in if they try to come back – they won’t be allowed to force their way in write to the bailiff firm to explain that you will not be making any payments under the controlled goods agreement because it isn’t valid take the bailiff firm to court to get your belongings back, if they've already been taken. If you’re given a controlled goods agreement that doesn’t keep to the rules, this can give you more time to look at other options to stop the bailiff action, such as: negotiating with your creditors to pay back what you owe applying to the court to suspend the bailiff action choosing a formal debt solution, such as a debt relief order or bankruptcy. Please spend time reading all of the links within the original link it will be of use to you in the long run...

Hi, I have a TV from brighthouse (a baird 48") The quality of sound is very poor, there is quite obviously a fault as as soon as you turn it up (Just a little bit) the back of the unit vibrates. The sound is like its playing through a tin can. ive phoned them today and they are coming to collect it, they have offered to repair etc but ive said no and i will sign the cancellation waiver form. Now, I took the contract out 20 days ago so im outside the '14 day cooling off' period to receive a refund. I have quoted the consumer rights act which states that the buyer is entitled to a refund within 6 months. The manager was not very clued up so has said they would phone me back tomorrow after she had done a bit of 'research' So when they phone i just need to know for sure that if the item is faulty i am entitled to a full refund within 6 months regardless of the '14 day period' Many Thanks

Received Parking Contravention 23: Parked in a parking place or area not designated for that class of vehicle. Council: Kingston Upon Thames ( Greater London) Appealed to the council got rejected and Next step is to appeal using londontribunals.gov.uk. Your advice on how to go about it would be greatly appreciated. My draft appeal as follows Dear Sir or Madam, I received a notice to owner on 03/08/2015 but I believe the contravention did not occur and I would like to submit an appeal for the following reasons: 1) Goods Vehicle Loading only is not marked accordence with TSRGD 2002 Regulation. Extract from traffic signs manual: 7.29 The sign to diagram 660.4 must be used with a bay marking to diagram 1028.3 or 1032, each with the legend LOADING ONLY, or 1033 with no legend. The bay to diagram 1028.3 has the largest maximum width (3600mm) and is therefore the most appropriate for goods vehicle loading. Where the loading bay is used mainly by cars or small vans and has been provided to allow customers to collect large purchases from nearby shops, the smallest width of bay to diagram 1028.3 (2700mm) might be adequate. Diagrams 1032 and 1033 are also more appropriate for smaller vehicles. Loading Only’ Bay, is not marked in accordance with Diagram 1028.3 or 1032 of the Traffic Signs Regulations and General Directions 2002 , which must accompany diagram 660.4 as stipulated in Direction 24 of the TSRGD. It has no white line bay markings whatsoever (ParkingSpace_1.jpg and ParkingSpace2.jpg) It has not met the minimum width requirement of 2700m. It has only 2560mm at this location. (ParkingSpaceWidth2.jpg) The bay at this location does not meet the requirements prescribed in law and as such cannot be enforced. 2) The contravention did not occur. The photos (printed on paper) supplied by the council shows the car has made a turn around the road manoeuvre but not parked at this location. The correspondence from council does not states how long the contravention has been observed either. The picture taken by the parking attendant has empty parking bay at 17/06/2015 11:16 which is after the turn around the road manoeuvre at 17/06/2015 11:13. I believe above listed reason indicate that this pcn number XXX was incorrectly issued and I therefore appeal against it. Yours Faithfully XXXXXXX

We bought our kitchen and appliances from Hombase back in January 2014. We bought an oven package which included oven, hob and extractor. At the time of purchase, they tried to fob us off with extended warranty, we said no because under the Sale of Goods Act you are covered up to 6 years if items develop electrical faults. 14 months after purchase, the oven started to cut out when heating up and was making a loud rattling noise. We sent in am email to Homebase; they said for us to get a tester out and they would honor the call out charge and replace the oven if it was faulty. We called a firm out, and when they tested said the cooling fan was faulty and looked like it had been faulty from original purchase. We sent this in to Homebase who sent us payment for call out charge and replacement oven. Everything was fine with the new oven, however within a week of using it, the glass door in the oven smashed and went all over the kitchen floor and also ruined our dinner. We took photographs immediately and sent it in to Homebase. We could not believe it 2 faulty ovens from the same shop!! Anyway, we got a call on Friday, to say the department dealing with the issue will be in touch to discuss the matter, yesterday, out of the blue, Argos phoned to say they had an order for a replacement oven. I refused the oven because Homebase was supposed to have contacted me beforehand to discuss the matter which they failed to do so. I stated I wanted a full refund of the £499 we originaly paid for the oven package so that we wanted to buy an oven elswhere as we did not felt confident in another one being provided. I was suppossed to have had a phone call from the manager of Homebase this morning, nothing!! So, what can I do, not been down this road before, and certainly never had 2 faulty appliances being given!!

Hi hope someone can help Mallard have issued us with a return of goods court order, I spoke to them and as we have an arrangement on the account they have said they will be asking the judge for a suspended return of goods how do I know they'll stick to this and not just get to court and ask for the car back. We fell behind with payments made an arrangement with them to pay £500 per month which is £100 extra towards arrears in May, we paid in May ,June and made 400 in July followed by a 100 a week later. No one said anything while we were making this payment that the court forms had been issued. The POC said the agreement was terminated on 8/5/15 - I'm sure we haven't had a termination notice from them. I've AOS'd their claim and intend to defend just so we get to ensure if anything they get a suspended order rather than Take the car. I'm hoping somewhere there is a discrepancy like over this termination notice or in the POC. It states we din' t make payments in April, May and June of £399 we have bank statements showing we paid £500 instead. We've paid over a third but that's confusing too as in the POS our arrears seem to be about £200 because they've included our deposit in payments made under the agreement, total agreement is £15k - we only owe them £14k because we paid a dep to the seller. The arrears are £1000 Can anyone help, I can scan docs in just searching for any paperwork. My oh always spoke to them on phone and we've never had anything about arrangements etc in writing from them. I've asked them to send e confirmation that've have a agreement in place Tia

Hi I hope someone can help I need some advice I have items from bright house and at the time of taking them I was in a better finanicial position now I'm struggling and don't know what to do as 2 of the items I originally had I no longer have as I sold them to make ends meet now I just want to take the other item I have back how do I explain why I no longer have all the items and what would happen thanks

Hello there, I have a serious issue regarding my parcel shipment from UK to Nepal. I had sent 2 ounces of gold along with other 21 pages of documents via Dhl to Nepal on 4th June 2014. I was not sure if they ship gold. I went to the DHL service point and asked if they deliver gold. The agent said that the value has to be less than £5000. Since my gold was worth £1850 I was happy to proceed. Gold along with my 21 pages of other documents were packed and shipped for £51.95 in 1kg box. Declaration on the parcel cover was clearly made 1) Documents 21 copies 2) Gold Bar 2 pcs and the total value of the item was mentioned £1850. After few days the receiver of the Parcel in Nepal got a message from the DHL Nepal saying the parcel was with the custom department and some legal formalities to be done by the receiver. When they went to Customs, they were told that we were not allowed to ship gold on a parcel. Further, they said that DHL was not allowed to ship gold in that manner. They should have stopped us in Uk. They said us to speak to DHL instead. But when they went to DHL there, they said to speak to customs department. This went on for few months. Then I called customer services DHL UK. They took a month and half to find out what was happening and finally said that my Parcel was destroyed by the Customs in Nepal. I opened a claim file in DHL UK and after few arguments DHL sent a letter yesterday offering £51.95 for the full and final settlement of my claim. I have no idea at all what I should do next. I would be very thankful for any ideas and ways to come to a conclusion. Its really hard to give up since it is a big amount of money for me. Many Thanks, Devi

I have a 5 month old iPhone 5S that has gone to Apple for repair - the likelihood is that a replacement will be sent to me as the phone was emitting smoke during its last charge. I understand that if a new item develops a fault within the first 6 months then the fault could be deemed to have been present at point of purchase. Does the Sale of Goods Act provide for a 'Brand New' product in replacement, or will I have to accept one of their refurbished units? Thanks

There has been advice given that the Schedule 12 procedures, which limit the exemption on trade goods to £1350 does not apply to County Court Warrants This is completely incorrect, The TCE and Schedule 12 procedure applies to all enforcement action. The assertion relies on this: In this case the section of the County courts Act : 89 [F1(a)any of that person’s goods except– (i)such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation; Was repealed by Schedule 13 of the TCE : "72 Omit sections 89 to 91" The TCE applies to all county court enforcement in all areas of course.