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Excel

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  • Excel

    Hi All
    I had received a letter from Excel civil enforcement on the 13/04/2015 saying i now owed them £75 on top of the fine i owed the court which was £170.

    I had agreed with the court to pay £5 a week while i was unemployed, so i made a payment of £30 thinking this would cover me for 6 weeks. This was not the case so i had forfeited my agreement and received this letter from Excel out of the blue.

    No matter who i called and what i said it soon became apparent that i had to pay this bill, so i set up a standing order to pay £80 as a one of payment and then £20 fortnightly and if i paid it of in full then the standing order would be stopped.

    i came into some money and made a payment for the full amount on the 01/05/2015. on the 08/05/2015 Excel raided my account and stole £20 I phoned them and they said that it was down to me to state that i had paid in full and to stop the standing order at which i stated that in my last call to the office they said that it would be done by them if full payment was made. i then sent them this letter

    Dear Mike Garland
    I have been the subject of theft as this company; Excel civil enforcement of which you are a director, has stolen £20 from my account, I had set up a standing order to pay £20 fortnightly for 8 weeks with the understanding that if I paid it of any earlier that these payments would stop. This has not been the case. I have to make you aware that it is my policy to charge you £75 for the withdrawal of funds from my account that you have no right too. You will find in the recordings of our conversations that all his was agreed by your representatives. You have 7 Days to phone me and make a payment plan

    The £75 compliance fee must be paid along with the £20 over a set period of 8 weeks otherwise you will incur an extra fee of £235 when an enforcement office will be called to you premises to remove goods to the value off the amount owing

    so in brief

    In addition to the fee of £75 noted above
    Fee stage Fixed fee + percentage sum exceeding £1500
    Enforcement Stage £235 7.5%
    Sale or disposal stage £110 7.5%

    I / We will also be able to recover from you the following disbursements if applicable: The costs of storing goods; the cost of hiring a lock smith; the cost of court fees in relation to any application under the taking control of goods (fees) regulations 2014 (TCG Regs) and auction commission, expenses and costs as per TCG Regs. You will also be liable for any 'EXCEPTIONAL DISBURSEMENTS' in accordance with the TCG Regs

    You must pay, or agree a payment arrangement with myself Mr J A Bxxxxx, by date 19/5/2015 time 23:59 Hours

    Payment can be made to XX-XX-XX XXXXXXXX J A Bxxxxx you already have these details but just to make sure I know you have them and I have given you every opportunity to make the payment.

    Please do not take this as a joke you are now in debt to me and I do want paying and have the full wait of the law behind me as did you went the shoe was on the other foot. Good day

    Yours sincerely Mr J A Bxxxxx
    Am i within my rights to demand this payment as they seemed to be when they demanded there payment from me ????
    Last edited by Kati; 9th May 2015, 13:59:PM. Reason: spacing/ease of reading
    Tags: None

  • #2
    Re: Excel

    Hi Jab, I'm sure you will get lots of help and advice from our knowledgeable Beagles soon!

    K x
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Excel

      Did you set up a Standing Order or a Direct Debit?

      If it is a STO, then the only person that can stop it is you. If you didn't stop it it would carry on being paid. This is not 'raiding your account', they haven't withdrawn any funds from your account at all, you have incorrectly overpaid them.

      If you explain this in a clear manner, I expect they will return the £20 overpayment you made.

      Comment


      • #4
        Re: Excel

        Hi
        Dept Camel
        I have just looked at the bank account and it was a direct debit. I have phoned Excel up this morning and the lady on the phone said i could complain but didn't say how or when i would get my money back, should i go to the bank on monday and put a stop any more money leaving my account regarding Excel. And as it is a D.D am i within my rights to charge them as they charged me ? I am grateful for your help thank you for replying to me

        Comment


        • #5
          Re: Excel

          Yes you should cancel the DD with your bank asap.

          No you can't "charge them as they charged you". Those are additional fees for bailiff enforcement that are set out in law.

          Instead I suggest you write a sensible letter setting out what you owed and what payments they have taken from you and asking them to refund you. Put COMPLAINT at the top as the person on the phone suggested..

          Comment

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