Help needed before 8pm

[Jojo8888]

Re: Help needed before 8pm

Oh grey! That's a big relief,
now how do I stop him doing this walking possession thing it mentioned in the letter? Surely it's perfectly reasonable to accept a full payment in 2 weeks with £159 down now?

ive looked on the Internet. Would a n245 form be any good for this type of situation? How long would that take? I'm worries he'll turn up again tomorrow.

thanks

[Guest]

Re: Help needed before 8pm

Yes I agree it is exempt, the problem is that sometimes they clamp first and ask questions later and it can be bloody inconvenient, so as said you should be perfectly safe, personally though I would park it out of their way until you have acknowledgement that they know it is on HP or if you know you are going to be around when the car is there, so you can show the proof in case they call.

[Jojo8888]

Re: Help needed before 8pm

I will take pics of the agreement now and send it to the email address above with read receipt attached, hopefully then I have proof they had the proof if they do anything. I will keep the agreement with me at all times, the problem is if they find the car or is is on the drive and they do it at 6am when I'm asleep I can't do anything about it.

If if they do clamp, are they legally bound to remove without immediate payment with these documents?

[Guest]

Re: Help needed before 8pm

I will take pics of the agreement now and send it to the email address above with read receipt attached, hopefully then I have proof they had the proof if they do anything. I will keep the agreement with me at all times, the problem is if they find the car or is is on the drive and they do it at 6am when I'm asleep I can't do anything about it.

If if they do clamp, are they legally bound to remove without immediate payment with these documents?

Yes they should, You can quote section 10 schedule 12 of the tribunals courts and enforcement act. Only goods belonging to the debtor can be seized.
TBH the amount you are paying off the bill, I do not think you are going to have a problem in any case.

[Jojo8888]

Re: Help needed before 8pm

Ok great,

I just want to thank every single one of you!
you have all been so kind and quick responding to my post (my first at that) and my heart is now beating at the normal rate again!
Mo will await a response from the email I sent and update.

thank you again

[Guest]

Re: Help needed before 8pm

Now you have gone past the immediate crisis, I suggest another email to B&S as follows. CC the mail to the council concerned as well. The mail should go:

Dear Sir/Madam

Further to my complaint regarding the actions of your agent, Mr ....... ......... I wish to clarify my situation. I have copied the council in on this email so as to make them aware of what is going on.

I am a single mother of two small children. I am on very low income. Mr ...... visited my home on Wednesday afternoon. I contacted Mr .... at 6pm and advised that I do not get paid for another two weeks but could pay around £50 immediately with the balance to be paid when I receive my wages in a fortnights time. Mr ..... responded by leaving me a voicemail stating that my offer was not acceptable and that I had two hours to raise the entire balance otherwise enforcement would continue. This was a totally unrealistic demand made to a person who is on such low earnings. It is also entirely disproportionate given that I had offered to settle the debt entirely within two weeks. Furthermore, the actions of Mr ..... are in complete contrast with the National Standards.

I have advised Mr .... that I shall not be allowing him entry to my property and I would remind you that I am not legally obliged to do so. In addition, I would advise that my vehicle is on finance and is therefore exempt. A copy of the relevant agreement will be sent to both yourselves and the council shortly.

Since speaking with Mr .... my brother has advanced me a further £100 that adds to the £50 that I can pay immediately. This is almost half of the total amount outstanding, including fees. I would ask that you accept my offer of £150 now and the balance when I get paid. in two weeks time. My car is exempt and I will not be allowing access to my property, or entering into any controlled goods agreements. I simply wish for the opportunity to address this debt at the earliest opportunity, without further inconvenience to myself or my children.

I am asking for two weeks to pay a sum of less than £200. I do not think that I am being unrealistic and given that Mr .... will not be taking control of any goods, it is surely the most logical and indeed amicable solution to grant my request.

I look forward to your response and hope that this matter may be settled without the need to involve the council or the Local Government Ombudsman.

Yours faithfully

jpjo

[Jojo8888]

Re: Help needed before 8pm

Hi again,

i have a couple of questions.

i have had a couple of hours crawling the Internet on Bristol and aurora website, gov.uk website and also the posts here at legal beagles, here is what I don't understand.......

question 1 - should they have sent me a letter to say compliance stage fee was being added?

why am I asking.......
on the Bristol and sutor website is says the following -
conplience stage fee £75 - this is due as soon as the case is referred to us

however on the gov.uk site and on here apparently I should have had a letter from them first? I've never had a letter from them, first I've heard of them is when I got the letter this afternoon, the total amount on the letter is for £395 but doesn't say what the charges are? Hasn't broken it down. The last letter I recieved in regards to this were from the court.

question 2 - certificated bailiffs - there was some talk in regards to baliffs having to have this certificate to be able to carry out what they are doing, j popped his name into the database provided by a link and it's not showing up, is he therefore not a baliff at all?

thanks again for all your help :-)

[Jojo8888]

Re: Help needed before 8pm

Thanks l.bizzy.

I I have sent a total of 3 emails to them explaining what you have put in above.

the first was a complaint in regards to the man, and an offer to pay full balance in 2 weeks with £50 down

the second was to explain that my brother had given me money and could now pay £159 straight away

the third was to explain the vehicle situation.


i may send a final one just to sum up all three emails, like the example above. Thanks x

[Jojo8888]

Re: Help needed before 8pm

Hi

an update,

i havent recieved anything thing back from my emails, however the bailiff has called again this morning and I again rejected it and he left a voicemail saying......

you our are correct, if you send a copy of the finance agreement he cannot seize the vehicle yippee! However he not accepting my arrangement to pay unless I call him and speak to him as he won't accept it by text message.

i don't want to do this as I can't record the call in anyway I want proof of an agreement. Please help. Do I have to call him?

Thanks

[Big Al]

Re: Help needed before 8pm

If you're using a mobile to call him, there's an app you can download that allows you to record all calls. Not sure what it's called (there's probably more than one), so go to the app store and see what's available.

[Jojo8888]

Re: Help needed before 8pm

Thanks, will do it now. Do I need to state that I am recording the call

[Jojo8888]

Re: Help needed before 8pm

And also do i have to give him my bank details? He said he needed to take some details but didn't say what?

[Big Al]

Re: Help needed before 8pm

And also do i have to give him my bank details? He said he needed to take some details but didn't say what?

NO!!! Don't give him any bank or card details. He can collect in cash.

And no, you don't have to tell him you're recording the call - you're in your own home and you're not a company. Stop fretting and wanting permission for everything! :tinysmile_kiss_t4:

[Jojo8888]

Re: Help needed before 8pm

Haha! Thank you! The app is downloading now so I will give him a call once it is on there. I will ask him to collect in cash

thanks :-)

[Big Al]

Re: Help needed before 8pm

Before you pay anything, you said you never got the compliance stage letter. You could do a stat dec to state this and try to rewind the action to the beginning.