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Fee Schedule Letter and Debt Collector Notice example

26 Sep 2016 22:55:37
Hi ed article 61 of the magna carta. Any thoughts on this seen a clip on fb quite funny about not paying council tax or fines in general. Any substance to it or fraught with danger.

{Ed033's Note - There is substance but because we're living in a police state, it is fraught with danger.

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10 Jul 2016 10:36:30
Hi ed, just received our fines from the council for taking our kids on holiday. I'm not trying to fight it on attendance grounds as in the norm but the letter they have sent contains incorrect information as it states from the 2nd of may till the 17th of june. We went on the 4th of june and returned on the 19th of june. So the dates missed from school were 6th till the 17th obviously excluding weekends. As the dates are factually incorrect would the council drop the fine due to material error? As it states it will be dropped due to material error.
Cheers.

{Ed033's Note - i would write a letter to the council addressed F.T.A.O. the Chief Financial/Legal Officer and tell them you've been fined, but according to their rules, the fine will be dropped due to material error, and there has been a material error [explain dates].

Then i would write if you agree to drop the fine, then i thank you for your time, but if you do not agree that this is a material error and drop the fine, then i require of you a detailed explanation from you what a material error is and why your error is not a material error.

If i receive a detailed explanation from you what a material error is and why your error is not a material error, then i will discharge the fine within 30 days of receiving your detailed response.

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10 Jul 2016 14:55:11
Thanks for the reply and information received.

{Ed033's Note - it's likely you'll get a standard nonsense reply followed by how much to pay, but it's definitely worth writing, just to see what you receive back.

10 Jul 2016 21:25:15
Hi ed another question if I may can I claim costs and expenses from the council for industrial action.

{Ed033's Note - The idea is, that if someone or a company causes you loss (money or time etc.) because of something they did or caused (whether deliberate or by mistake), you can claim costs and expenses, but you have to prove that they did cause you loss.

Firstly you write to the council explaining the loss and what they owe you in costs and expenses.

07 Jun 2016 22:37:36
Law opinion

Hi Ed, having bother with my neighbour about two trees that have created a hedge row, we live in Scotland and know that a high hedge act has been passed, we've corresponded with them but had no joy.
The next move is to go via the council but it's £385 just to have it considered without them saying whether it will be successful or not. I was hoping you'd have some info to help out.
Yours Lmph.

{Ed033's Note - i think you should phone up the council and see if the £385 is the total amount they will charge for seeing this through to a conclusion. Also you want to know whether they are going to test the hedge against the high hedge act or something else.

You might want to try and work out (by looking at the legislation they will test against) and see how much they might reduce the hedge by.

If they might reduce the hedge by a significant amount and £385 is the maximum they'll charge, i would go with paying the council £385.

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08 Jun 2016 13:52:38
Yeah looking thru the legislation it's covered under the act and a few of the neighbours are going to counter sign so hopefully it gets something done.
The £385 covers the council inspecting the tree and enforcing the owner to cut the tree back, if he refuses the council will cut the tree back to 8" and reclaim the cost from the resident. Hoping this is how it plays out haha

Thanks.

{Ed033's Note - Seems to be the only real solution. Good luck

14 Apr 2016 11:47:36
So let's say I have a fine well I do have a fine
And I do need to get it sorted but as they took my licence. I lost my job so haven't got the money coz the little I do get I give to my family that is my priority at the mo . so I haven't even tried to contact them yet how is best to approach this
I got what u said and if I write does it then matter what I said or is there still a correct way to start it in the letter .

{Ed033's Note - Write to them saying, You have no job and any money you receive goes to your family. Say after survival needs, you can pay 50p a month to pay the fine off. Look on the fine at the ways to pay them and see if you can set up a standing order with your bank to pay them 50p a month.

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14 Apr 2016 17:46:11
Thanks for the reply
I'm going to do that now
I can't believe this can be sorted this way
Thanks for time
I let u know what my reply is.

{Ed033's Note - You may have to create an income / expenditure list to satisfy them, but remember after survival needs, if you only have 50p a month to spare, then that's all they can have and that's what they have to accept.

14 Apr 2016 20:46:31
I think my browser is playing up I did reply a lot earlier
Thanks for this information
U would not believe the Agro I had a couple of years back and judge sent me packing
I'm going to get writing this letter
And I will let u know as what they say
Thanks again.

{Ed033's Note - it's mostly about replying to them appropriately because if you don't reply appropriately, then you'll have endless agro with them.

14 Apr 2016 23:22:06
I hear what u say
Thanks for info and time.

{Ed033's Note - Below on this page is my reply to supasub about staying in honour. It's good to read it. Replying appropriately is about you staying in honour within their system.

Staying in honour is not creating controversy between you and the opponent (don't create controversy by refusing or ignoring them). To not create controversy is about writing appropriately to the opponent every time when they write to you.

For example, to stay in honour and not create controversy, you could reply with a conditional acceptance such as; i'll pay you the amount you're saying i owe you, if you prove to me that i owe you money. i give you 10 days from you receiving this to prove it, otherwise after the 10th day we both agree i owe you nothing.

15 Apr 2016 20:37:08
That last bit on the last comment wow
U know your stuff ed
Thanks for the time
Also I refuse to sign on becuase of the attitude and treatment they hand out
They can make me sign for them to except or is that my choice
I know it might seem silly but it isn't I refuse to be one of the many that get treated and tared as a lazy bum
Funny realy coz when I worked I was quite proud that we do pay tax so the next man can make sure he is good.

{Ed033's Note - You may know this but if you're over 25, i personally would apply for tax credits rather than signing on. With tax credits you just sign the tax credits form once and no more signing.

With tax credits you can claim you're working 40 hours a week for yourself. You can say you're starting a business selling stuff on ebay. That way there's no signing on each week and no job interviews/form filling on a regular basis to get benefits.

16 Apr 2016 03:06:30
I knew if your 25 your aloud to claim tax credits but didn't know the later
Reply was even better than I thought
I think if I can get proper work by end of next week I'm going to have to do this
Thanks for time ed.

{Ed033's Note - ok, good luck with getting proper work

16 Apr 2016 15:28:47
Thank you ed.

20 Apr 2016 10:16:58
Ed I posted the letter this morning they should get in day or two I needed to pop into my solicitors today see if he would be able to give me some work he said he will think about it . so good news that coz he's a good man been there since I was 14
Anyway I showed him my letter because he was expecting my normal lol
But u should of seen the grin and suprise!
So that's on it's way
Thanks a lot ed
I'll let u know more when I do.

{Ed033's Note - ok great, good luck.

19 May 2016 22:20:05
Alright ed 33
I thought I would give a update on letter
I still have not received a reply if it was anything else but courts I would be happy to think it's sorted
But it's the courts and don't think they would just drop it
But I didn't won't to call and flop it some way
Wot would u say
Just leave and wait or write again?

{Ed033's Note - Remember, i have no idea what exactly is going on with you or who you wrote to. i have no idea what you wrote before, but i would write again.

i don't know whether you've already been to court and agreed to something prior in court, but if it's to do with the court, then i might write to the court manager.

In theory you should set up a standing order with the bank and just pay them every month through the bank standing order. If they don't like the amount, then it's up to them to write to you, but if they accept the amount 3 months on the trot and you don't hear anything back from them, then an agreement has been set as they have accepted payment 3 times so they must have agreed with you on the monthly amount.

26 May 2016 09:22:56
Alright cheers ed33.

20 Mar 2016 15:10:20
Hey, I was hoping for a little advice.

A friend of mine, struggling on benefits, has been issued a court summons regarding unpaid council tax. He can't make ends meet at as it stands and the stress caused by this has had consequences on his health.

Am. I right in thinking a court summons is an invite? And he doesn't need to attend? The thing is, he literally doesn't have a penny spare to put towards the council tax.

Is there anything he can do? Once again. I appreciate your time.

Also, the court date is 1030 tomorrow, 21st March so it's a little time sensitive. Sorry about springing it but I've only just found out myself.

{Ed033's Note - Your friend should have long before now contacted the council and said something along the lines of; we have have to come to some agreement as i do not have the money to pay council tax. The idea being that anyone can only pay what they have left after reasonable expenditure/survival needs. This would take the form of writing down in detail, thheir monthly income in 1 column, their monthly expenditure in another column. Income minus expenditure is what you can pay, even if it is 50p per month.

now about the hearing invitation. Even though there is no requirement to attend the hearing, personally i would turn up (unless they tell you on the phone there is no need to when your friend does the below.) with the income/expenditure on a piece of paper to hand out to them.

I would also say to them in the hearing that i made an honest mistake in not contacting the council before now, but i'm here to resolve the matter. The problem your friend has is that the people in the hearing are just there to make you believe you've had your day in court and not to make any agreements between you and the council.

Therefore, whether your friend turns up or not tomorrow, they should definitely 100% contact the council (council tax collections dept.) tomorrow morning by phone and tell them they wish to resolve the matter but you're having financial difficulties so you need to come to some agreement with them. Have the income/expenditure details to refer to over the phone.

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20 Mar 2016 16:32:43
Thanks for the swift response. I have gone through his expenditure with him and it's not good, to say the least. I'll follow your advice . It's not worth the hassle, if you ask me .

{Ed033's Note - It would be best to pay something to the council immediately, to show that your friend is not refusing to pay, even if it is a few pounds.

in the longer term, if a person calling themselves a bailiff (in reality they will be a private debt collector) turns up asking for council tax money, do not let them inside your friend's property, do not sign anything. Tell them they're trespassing and close the door on them and don't open the door again to them, ever.

If your friend doesn't let them in and doesn't sign anything and if they ask your friend to a hearing in the future, turn up with the income/expenditure form each time and keeps communicating with the council to resolve the matter, every time they are asked about council tax (to remain in honour), the worst that can happen is that they bankrupt the commercial name of your friend.

23 Mar 2016 03:06:14
does your friend have other debts mate?
if he has, he would be better to declare himself bankrupt .
council tax WILL get wiped off and in a weird way the more he owes the better it is. i think it's anything over 5k.

i think its 450/500 pound to declare yourself bankrupt. citizen advice best place, but hard to get an appointment with the cuts .

try this , he can ring them and try to get professional help.

goo.gl/QKj3bN

had to sort out an old bill my mother forgot or ignored and she got a summons for court, these guys were great.

27 Mar 2016 14:42:51
Sorry for the slow reply. To be honest, Franky, I thought this was was all sorted. However, my mate completely ignored all advice and didn't even turn up to court - due to a few issues he has surrounding his friend passing away. he's been drinking himself silly for 6weeks now.

We're expecting a liability order in the next couple weeks. I'll have a look at the link when I calm down a bit. he's wound me up today. I don't have time, or the will, to sort this out for him at the moment. I feel like a babysitter sometimes.

As always, I appreciate any and all advice. This is a cracking community on here. It's good to know there's still a few out there willing to put themselves out for others.

Enjoy the bank holiday!

13 Apr 2016 21:09:03
There is a non-publisised piece of help the council can provide.
You can ask for a reduction in the council tax.
You make an application, basically setting out the circumstances and providing all income and expenditure.
The council tax section have discretion to wipe off all or most of the arrears upmto the point of the application.
I used to work in a council tax section and have dealt with a few of these.
'Good cause' can be classed as proving there is substantially less income than the expenses.
If the full arrears are written off, your friend may also get a refund of all or some of the payments made on the account.
You can see why councils don't advertise that there is this scheme.

16 Feb 2016 05:49:39
Hi ed. i'm looking for some advice regarding the rights of police officers in u.k. Gangs have plagued the area I stay in and the police are taking action. I was pulled over walking my dog for no reason.

I'm not a member of any gang and never have been. I was listening to my mp3 when they pulled me. I did not hear them shout. As I walked away the officer kicked the back of my knee and I went down, he asked for my details and I was reluctant to give them.

I have nothing to hide but it was the way they stopped me that made me a bit angry. Am I obliged to give them my details when I've not done any wrong? And are they allowed to profile and stop me because of the way I look, dress and my age group?

They also searched me (for no apparent reason) said, "you're lucky this time ya wee scumbag". I know its wrong what they done but what can I do to complain. I have their numbers and a picture of the number on their car. I have no witnesses. I personally believe that I'm not the "scumbag", what they done hurt me (physically) although not serious. but I'm 100% sure they violated my rights. I know its not the best subject to talk about, but any advice would be appreciated ed.

{Ed033's Note - Sounds like this took place in Scotland or the police officer was Scottish. The first thing everyone should do when confronted by an officer is pull out and start recording video/audio. Aim the video at the chest of the officer but make sure they know you're recording. They may ask you to not record but you say, "no, it's for my protection".

From then on you should only say appropriate words to them that makes them think you know your rights.

They should only stop you for either assistance in a crime they're investigating (which you are under no obligation to assist in.) or they have reasonable suspicion that you have either committed a crime, in the middle of committing a crime or are about to commit a crime.

And reasonable suspicion requires facts, proof, evidence or circumstances that would lead a reasonable person into thinking you have either committed a crime, in the middle of committing a crime or are about to commit a crime.

In your case you'd want to know from them what facts, proof, evidence or circumstances has led them to have reasonable suspicion to detain you.

You're under no obligation to give them your details but you have to say no consent to them, but even if the officer is a very reasonable officer, you're going to have to spend at least 5 minutes repeating to them that you do not consent and your under no obligation to give them details as they have no reasonable suspicion that you're involved in any crime.

If the police officer is not very reasonable then pretty quickly after you say, no consent they'll unlawfully arrest you and work out the details later, which may mean letting you go 8 hours later, if they can't find anything that sticks to you.

Putting in a complaint is a waste of time, the only real thing you could have done if you had recorded the incident and not consented would have been to sue the police force that the officer belongs to (or the individual officer), but for that you'd ideally want to know how to sue yourself. It's not difficult, just filling out forms. The www can show you how to do this.

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17 Feb 2016 11:14:08
Thanks ed.

17 Feb 2016 17:07:16
It's similar here where I live Mr.x. I've not experienced it myself, but I know people who have and it's horrible that some of them think they're above the law that they are meant to be preaching or enforcing which ever you prefer.

14 Apr 2016 21:36:50
I also lived in this situation and a sad fact seems to be if u live in this type of area
And do won't this changed (area get better that is ) u need police to be ruthless
Sorry
And I have lived in a gang when I was a nipper and the problem is a lot of these kids these days carry weapons knife and guns I remember a old mate I used to know
Well he still stayed on this street thing and a couple of kids I mean 15 and up knocked his door 9 in the morning and shot him in his face died on the scence but my point is this is the type thing we all get from the police becuase what they have to deal with on a day to day basis and if u tell all police to only be nice to these youth the braver they will become
Then there is the issue of illegal migrants that ain't traceable that carry weapons and they don't think twice of killing a child and moving on only to be cuaght if arrested and when a finger print finally catches them it is years later in different area or country if at all
My mate mikale was 15 me to this is about 15 years ago
He was on Mary's high street a car pulled up tried offering crack my mate was braisen and told him to go away and called him a crack head
The man got out of the car with a massive chiv chased my now scared mate and stabbed him straight in his chest he then jumped in the car and took of
My mates last words where I think I'm dieing and his life left his eyes .
And only real thing to do if u live in this type area
Is walk down the road with your hood down / wrong I know but if police then act in this manner it is clear that it's the officer that as ed says needs the camera on him
Sorry for the long post .

01 Feb 2016 13:30:20
Looking for some advice Ed,
Shared a house in uni last year and there are charges being brought against us by landlord/ estate agent. They seem to be charging extortionate prices for repairs in the house and just ramping up the charge of everything. If the contract is joint and several or with a lead tenant does that make a difference? Is there a way to contest the charges. They have already kept all of the bonds, totalling over 1500 quid. Should we have had an opportunity to find our own method of replacing broken items before they had someone in and charged us for it? And would everyone be liable to be taken to court or just the lead tenant?
Thanks in advance.

{Ed033's Note - Students and their parents/guardians need to take this student house sharing more seriously.

Firstly everyone should know that some landlords are always going to try and keep the bonds by making any excuse. Secondly they are going to claim that x is damaged and y is broken so they can get free repairs or charge a higher price for repairs / replacement and then replace / repair at a lower price.

Obviously over time, things need repairing and the landlord would rather someone else pay, such as a student or their parent(s) / guardian(s) than themselves.

Initially what's supposed to happen is that the landlord goes around the property with the lead tenant or joint tenants and writes down all damages everywhere. The lead tenant, joint tenants or someone should then take video and photographs of the entire place. This way the landlord can't claim for something that was already damaged. Also, the landlord can't claim for normal wear and tear.

If the students can show proof that the property was handed back in the same condition as it was originally handed over (including normal wear and tear), then none of this can end up being an issue.

Essentially in your case it's all down to what's in the agreement and the interpretation of the agreement. If it's a standard rental agreement, which it most likely is, then If you've read the agreement then it's probably clear what the agreement is on damages but not necessarily who exactly is going to pay. If someone breaks an item then the tenant(s) should pay for a new 'like' for 'like' item.

Sounds to me like you know the tenants have caused damages but the tenants are disputing either the damages and or the costs for damages. This means the tenants are going to have to pay something.

First of all you have to figure out which tenants are going to pay. Who has the agreement with the landlord, is it the lead tenant or all tenants. If there is a lead tenant, do the other tenants have an agreement [for damages payments] with the lead tenant.

With some students, the parent(s) / guardian(s) are the guarantor for the student so you have to work out who is responsible for the payment of damages.

In your case, first of all you need a break down copy from the landlord of the damages they're claiming and the costs for each damage.

Secondly, (Let's say that you work out that each tenant has to pay an equal share for damages,) then what someone has to do next is write out [a document] stating what damage you're agreeing with the landlord and what you're disputing as damage.

The third thing is that someone has got to work out a reasonable price to repair the damage that you're in agreement with the landlord. Typically this is done by getting 2 quotes from a 3rd party repairer such as a builder. In addition, if you can find the exact item that has been broken in shops or amazon then record 2 prices for broken items and write them down in the document.

Now at least for the damages you're in agreement with, you can compare your reasonable quotes against the landlords and prove whether the landlord is taking the michael out of you or not.

If the landlord is taking the michael then your case is now much stronger as it shows a reasonable person that the landlord likely has intent to commit fraud and at least a part of their claim is false or fraudulent and it's reasonable to presume the rest of the claim (i.e. the damages you're not in agreement with) is also false or fraudulent.

next put at the bottom of the document that if you don't get a response from the landlord within 30 days then they accept that your document is the agreed total damages and the total owed to the landlord. All of the tenants who are liable to pay for damages should sign the document and send it off recorded delivery to the landlord with the 3rd party quotes.

While you're waiting for the reply, you might want to look up how to write out a statutory declaration and write one out. Ideally each liable tenant should write one out and that's what you'd use next to dispute the damages that you don't agree with the landlord about.

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02 Feb 2016 09:44:19
First of all thank you so much for the detailed reply Ed. It seems the landlord has had the repairs carried out months ago and is now charging us for it but we had no chance to receive reasonable quotes. There are some ridiculous charges like 2000pound to paint the house and charging for every bed to be replaced even though one of the rooms was unused? I will have more info on where we stand this evening. Appreciate all your help.

{Ed033's Note - ok

02 Feb 2016 18:54:09
Thought you could appeal with the company which holds the bond.

{Ed033's Note - Yes, that would have to be the next step now, it looks like.

28 Jan 2016 03:10:58
Hello Ed033 or anyone that can help.

A friend of mine has a mental health condition, he's currently looking to move house and has come across a problem.

When being interviewed for the house, he was being asked questions which he didn't expect. He suspects that medical information has been obtained illegally and has no idea what to do next.

I did a quick google search and found that there are circumstances where this is totally legal but it doesn't list them. I was just wondering if you could possibly assist me on this?

Thanks for you help.

{Ed033's Note - i don't know about this and you haven't given enough info for anyone to make a determination.

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28 Jan 2016 17:00:12
Well, I'm just looking to find out what these "special circumstances" which can lead to medical information being obtained without consent are.

If you're unable to answer it's ok. Thanks for your time. ^_^.

{Ed033's Note - i guess someone has put the label(s), "incompetent" and or "lack of capacity" against the 'legal person' of your friend in the, 'best interest' of the 'person' and 'society'.

28 Jan 2016 20:27:03
Ok thanks Ed.

{Ed033's Note - sorry, doesn't really help

20 Jan 2016 14:52:38
Hello ed, my car needed a new part last November and it was under warranty, so I took the car to the garage where I bought it,
Anyway to make a long story short they told me they wouldn't be able to do it until the 20th of January, now the warrant was up on the first of January but they told me at the time it would be alright and they would do it on the 20th, so I took the car to them today and they fixed it but they told me the car wasn't under warranty and I would have to pay, anyway after a while of explaining what I had been told, they were looking at me like u was looking for a freebie,

{Ed033's Note - Yes, well i guess you've learnt a lesson that you need some proof of the verbal agreement you had. A way to of gotten proof of the agreement was after the initial verbal agreement, you should have phoned them up and spoke to the person that you had the verbal agreement with and have the same conversation with them again, making sure the agreement was clear and precise and not vague while recording the phone call.

It's probable that you do not have a witness to the agreement either. The only thing you could do now i think, is go onto the www and see how to write out an appropriate affidavit and send it to them through the post to see if they rebut it. If they don't rebut it, go to the court to swear out a statutory declaration, fill out forms to sue them in small claims court. The court then sends them documents and they have 28 days to agree something with you, otherwise you all go to court.

After they are initially sent the court documents, you phone them up (and speak to someone high up) to tell them you're also going to all the local media about their dishonourable conduct, so do they want to do a deal with you before the 28 days are up.

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20 Jan 2016 18:18:10
Thanks for the reply ed, I am going to write to the head office of the manufacturer of the car and see how I get on there, I think writing is better than emailing them. I spoke to the salesman I bought the car from earlier and he said he would look into it, so I'll see how I go from here.

{Ed033's Note - i think you're looking for an agreement from someone, Leahy12

18 Nov 2015 09:15:59
hi ed, I was wondering if you or other posters can help me, my wife and 2 daughters were scheduled to go to disneyland paris to the highland dancing comp that my eldest was dancing in, since the atrocities of last week, my family will not go, we have phoned the agents that booked it ( take us to the magic), but they will not refund us ( or even let us carry over our booking till next yr, is this legal?, I thought i'd ask for some advice as I honestly can't believe that after all that has happened they would say this, hopefully you or some posters can advise me of my next step, I think its a disgrace tbh.

{Ed033's Note - The first thing to do is to look at the agreement that you have with the other party and see what you think it says. It may say that you can reschedule but you may have to pay a rescheduling fee. In that case the agreement is clear that you can reschedule.

Don't waste anymore time on the phone, write to their office or head office where you live and quote part of the agreement if there is something in it, like rescheduling. if not still write to them about rescheduling. See if you can get some kind of agreement through letters with them.

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18 Nov 2015 12:48:44
it says that if I cancel between 0 -42 days I lose 100%, there's clauses even saying about pandemics, terrorist there will be no refund, surely that can't be legal, its certainly not morally right?

{Ed033's Note - It's a pretty exceptional circumstance and not morally right but that's the agreement you made. However, if part of an agreement is unlawful or illegal, then it's void but it sounds like the agreement is standard stuff and probably is all legal.

The only way to determine whether it is completely legal would be to go to court with it (you might want to do this yourself. It's not too difficult. Go to the court, ask which form, fill out the form, pay the money. Turn up at the court date). You'd probably lose though as it's probably a standard form that has been legally used for years.

If you paid by credit card, then it's unlikely but they may agree that the other party should reschedule or you get a refund as this is an extreme situation. Maybe a phone call to the credit card company may help you. It's most likely though, they will tell you that the credit card is a guaranteed form of payment unless there is fraud involved, so you've paid and the agreement with the other party stands.

i think all you can do is phone and or write to the other party and try to get a reschedule so you're beyond the 42 days and then you're back inside the agreement.

18 Nov 2015 14:00:00
i shall try that, thanks ed, youve been a great help.

{Ed033's Note - ok thanks

23 Oct 2015 19:49:41
Hi Ed any help would be great, in my stupidity I got flashed on the way home from work last night by a gatso camera.
Just wondering if there is much I can do to beat the points/fine.

{Ed033's Note - The simplest way maybe the following:
You've got to make sure they send you paper documents to fill out, so don't do anything by text or internet.
When they send you paperwork to fill out and send back to them i.e. who was the driver [so they can charge the driver], you would fill it out with the correct details but you wouldn't date or sign it.

They will send it back to you to say you forgot to date and sign it. You would wait a week and send it back undated and unsigned. You would repeat that until they gave up.

However, it's possible that they will pretend you signed it and then send you payment request etc. and then you'd pay them and take the points.

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23 Oct 2015 23:22:59
Thanks mate I'll give it a go and cracking job with all the pages I've been a long time reader but keep forgetting passwords to post haha, went for a simple name and password this time so hopefully not forget.

{Ed033's Note - thanks, good luck

29 Nov 2015 20:54:34
Hi Ed little update, no ticket through yet so think I'm in the clear?
Guys at work say they have a max 14 days to contact about the gatso ticket.

{Ed033's Note - ok, cool.

21 Sep 2015 22:59:10
Hi ed. Question for the law page. Regarding bailiffs and parking tickets. To cut a long story short about 8 months ago I contested a parking ticket I received of £25 for parking in a loading area even though it was at the back of my wife's shop (and I was unloading but took around 10 mins and car was observed for that time and warden had just issued ticket as I returned to my car). I received an email saying that the ticket still stands about a week later and I forgot about it due to having a post box and wife ill for over a year now and not being on top of my opening of endless post.

Anyway parking charge jumped to £105 then £390 today which was paid due to a bailiffs charge. I'm in the dog house now for a few days and justified but my question is was I in a position to contest the bailiff coming to my property at and the charges they submit for a visit? Obviously I know I should have dealt with it sooner but wondered if I was in a position to palm them off? You've posted forms in the past and wondered if they would have carried any weight in this scenario?

{Ed033's Note - There's several things going on here and we don't get taught anything that's correct on this type of subject from friends, parents, schooling or mainstream media. But we have heard about bailiffs breaking down doors and seen police on the T.V. breaking down doors.

The first thing everyone needs to know is that as soon as somebody or some company wants money off you, you have to ask yourself:

1. Is it a con? If it is, you either ignore them or report them.

2. Is it unenforceable? e.g. if you park in a pay and display car park and it costs £2 for 1 hour and you overstay by 15 minutes and you get a piece of paper on your dashboard saying you owe £85, then that is unenforceable, simply because the agreement is £2 for 1 hour and therefore can only be £2.50 for 1 hour and 15 minutes. You owe them 50p not £85. The £85 is an offer not a fine. The £85 can be ignored. If it is unenforceable, it can be ignored.

3. is it enforceable or
4. you don't know whether it is any of the above, then you would immediately write an appropriate letter to whoever is asking for the money or you pay them if you think the amount of effort you’ll have to put in, in order to not have to pay them is more than they want.

And that’s the exact reason for charging £25, so most people just pay because the time and effort needed to contest it, is more than the £25, they want.

The second thing everyone needs to know is that even though their system is corrupt, it’s supposed to work as a honour / dishonour system, whereby you must stay in honour in any kind of dealings with their system. You don’t want to fall into dishonour, otherwise their system thinks this is so bad that out of the ordinary ‘charges’ are then justifiable.

Ignoring the other party is considered dishonourable in their system. Typically you have a month to reply or start some kind of communication with the other party. But the communication needs to be appropriate as causing controversy (refusing, disputing) is considered dishonourable. A conditional acceptance is honourable. i.e., i’ll pay you, IF you can verify i owe you money.

The third thing everyone needs to know is that virtually everyone/company calling themselves ‘bailiffs’ are actually private debt collectors. If you haven’t even been to court in a court house, then you know 100%, you’re dealing with a private debt collector. The only way £25 can become £390 is in a court, in a court house, otherwise it’s an offer.

The fourth thing everyone needs to know is that private debt collectors (even if they’re calling themselves ‘bailiffs’).
1. require a license to come round to your property. Most debt collectors don’t have this license so even though they may say they’re going to go to your house, they won’t.

2. If private debt collectors do come round to your house and you don’t pay them, they aren’t allowed to break into your property, they require your consent to come in, look round at your stuff, write down what stuff they want to take and you have to sign. So obviously don’t let private deb collectors into your property.

3. private debt collectors know that the money is an offer so if you place a ‘Notice of removal of Implied Right of Access’ that contains a fee Schedule of £5000 for trespass, somewhere in front of your property, such as on the front door, then the private debt collector may not even knock on your door as they will then lawfully owe you £5000 for trespass. So instead of coming round your property, they’d write to you instead.

So to conclude, in your case, if a real court order was issued saying you must pay £390 [because of your dishonour in ignoring the other party], then ideally it would be easier to pay it but if a private debt collector is saying you owe £390, then there was no requirement to pay and they may have given up after a while with several appropriately written letters to them.

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23 Sep 2015 14:08:11
Thanks very much ed.

{Ed033's Note - ok thanks

15 Apr 2016 13:24:30
Very good information well worth the read
And goes to show you allways need to look into all the details from what is said and by who.

18 Aug 2015 22:28:20
Hi ed could do with some help here. Basically I had my tv repaired through my extended warranty I purchased. The repairer brought the tv back but they had damaged it. The screen. I contacted the warranty firm domestic and general who advised me to contact the service agent they arranged to do the repair which I did. I sent them an email with photos which in due course they replied to. They collected the tv which they damaged whilst repairing and have since written off due to uneconomic repair. D and g have since advised of product replacement of which I am happy with. After speaking with them they also have advised me I am due compensation from repairer for said tv via their public liability insurance. My question is how do I go about claiming due compensation correctly? Am I correct in thinking I make them aware of compensation amount I am after as set by the price of the replacement tv d and g have seen fit as a replacement but also damages of time taken off work in lost labour in dealing with the situation. Lost warranty etc.

{Ed033's Note - The way the legal system is supposed to work in this case is that everything is supposed to be put right so that it's as though the TV damage didn't occur. That means you should itemise everything that caused you financial loss because of the damage.

Some things can be quantified perfectly and other things are more subjective and therefore being subjective, they must appear reasonable.

So what you could do is contact the repairer (speak to the owner or someone high up) and tell them you're willing to negotiate an amount with them so you don't have to claim against their public liability insurance.

If they don't want to negotiate a price then phone up a solicitor with a freephone number who deals on a no-win no-fee basis (look online) and ask them what they can do for you. You can shop around and also go into your local solicitors (if you want to) and see what they have to say.

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22 May 2015 16:54:51
Hi all first off I love the site! Any views on my situation would be much appreciated.
So long story short, over the passed week or so I received a letter from a debt collectors claiming I owe them just over £200 as they are collecting council tax on behalf of the council.
However I had a letter from the council come through today stating that I can't pay by installments any more and have petitioned for a summary warrant against me etc.
It then says to avoid my account being passed to the collectors to contact them (number is forever busy).
The problem being though the debt collecters letter is dated well before the council letter threatening to pass it on.
How can this be the case? As far as I can tell I am about to be charged twice and seeing as I am on jobseekers allowance I will be financially crippled due to this.

{Ed033's Note - Hi, the easiest thing to do if possible would be to contact the council immediately and tell them you want to pay them the £200 now. Pay it and get a receipt from the council for payment and then tell the debt collectors you've already paid and you have a receipt to prove it. The question is whether you can get £200 immediately.

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23 May 2015 13:46:16
Thanks for the reply ed, yeah I'm going to try and come up with it somehow. I will be explaining the situation to the council first thing on Monday and see what they say anyhow.

{Ed033's Note - the problem is, if you try anything different, then unless you have a lot of knowledge of what happens, when you try anything different to what i've said, you risk making things a lot worse. You can mess around with debt collectors but at the moment don't mess with council tax is what i'm saying.

14 Jul 2015 12:38:59
If you can speak to someone at the council there are a few things you can do.

You said the council won't accept payments in installments- this is enforced if you have missed a payment + payment reminder grace period.

Councils may still accept installments, but it is discretionary so don't rely on that.

How long have you been claiming JSA? Are you paying a reduced council tax rate already- if not this is worth bringing up.

You can also ask the council to deduct money owed from future JSA installments.

Good luck!

16 Apr 2015 15:04:03
Hi ed I was wondering if you had any advice, I got insurance with a company and they're was nothing about cancellation fees said although me being 18 and naive I didn't read the terms and conditions. So when I tried to cancel the policy I had to go through a different company to cancel it at a 395 fee or they'll take me court but I haven't signed any contract agreement with them just with the first company that insured my car I was wondering if you had any advice on how to not or lower the fee? Any help would be appreciated

{Ed033's Note - Sorry for the delay in responding, Ryan. Normally a charge like this is £35 maximum from a company to cancel. This seems extremely excessive. From now on none of us should be signing up to anything through the www. We should still get a paper agreement or contract and ask in writing for full disclosure because you want to carry out due diligence. Then as soon as you receive it either put a line through or a box around anything you don't agree with or alter something you’re not happy with. Then you copy it get a witness to the fact you altered it and send it back to the company with a letter saying they have 7 or 10 or 14 days to agree or it’s agreed like they did to you (also add a fee schedule of your own to the letter like they did to you).


As far as this issue of 395 is concerned, there are 3 options i see at the moment.

1. Ignore them. They will either sell to a debt collection agency (then you would send the debt collection letter previously posted on this web site to the debt collector and after a while the debt collector will stop asking for any money) or they’ll take you to court. If you do get taken to court you’ll lose but if you turn up and say you’re non competent in legal matters but while doing some due diligence there was no 395 amount to cancel in any offer document and this big company is extorting you with this excessive amount and ask them to prove this other company was part of the original agreement (you could win if this other company can’t prove it’s part of the original agreement). the magistrate might lower this amount as being too excessive. Whether the 395 is lowered or not, you could tell or write down on their forms to the magistrate that after your monthly income and outgoings there is only £1 left, the court can only order you to pay £1 a month or some low amount per month.

2. Write to them and attempt to negotiate and lower more reasonable figure as you don’t have this kind of money. If they don’t budge, you set up standing order to pay them £1 a month or ideally as low as possible per week. You’re paying them so how can they take you to court.

3. Write to them and ask them to prove the claim that you owe them 395 and that they're part of the original agreement. Ask them to prove 395 is reasonable. Add in your fee schedule which states similar things to the fee schedule in the debt collectors letter/notice. i.e. How much do they owe you if their claim is false. How much do they owe you for harassing you for money you don't owe. Ask them to respond within 10 days otherwise they're in agreement with you that their claim is false and now they owe you money for their false claim as per the fee schedule.

Also learn how to take companies to court yourself. They've made it easy enough for non competent (in legal matters) to do it. Just let the paperwork do the 'talking' for you, as when non competent (in legal matters) people start talking in court, the more they say, the worse their outcome is.

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20 Apr 2015 04:03:16
Cheers that was a great help after arguing on the phone for what seemed days they have dropped the charge to 52 pound which I was satisfied with thank you very much for your help, it's a lesson learned I can tell you that much!

{Ed033's Note - None of us should spend more than 1 short phone call with a company. If it can't be dealt with quickly with one short phone call, then you write to them with your fee schedule for harming you if they don't immediately get it sorted.

This way there is no doubt that they are harming you and you are telling them how much they're harming you and what they are required to do to stop harming you.

If it does go to court, this fee schedule can be used to show you communicated with the company, you told them how much they were harming you and it gives the magistrate an idea of how much in damages you would like. (doesn't mean the magistrate will award you the amount in your fee schedule though)

22 Apr 2015 11:58:36
Ed could you attach that debt/fee schedule to the top of this page somehow, it would be very helpful.
Much appreciated.

{Ed033's Note - ok done

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