Congestion Charge trying to screw me!!
Discussion
Back in May I forgot to pay a couple of congestion charges. Then along came the two £40 bills. I sent off my credit card details in the post, then a few weeks later I got two £80 bills, CC london said they hadn't received my payment. I argued that I had sent it and that I shouldn't have to pay the extra, they asked my to put it in writing so i did.
Also I registed the original payment as a missing letter with the Post Office.
Didn't hear anything else afterwards until last week, when I got two letters from a collection agency saying if I don't pay two £240 in a week then the baliffs are coming to visit.
Don't know what to do now as I can't really afford almost £500 right now, but the threat of baliffs is kind of scary!
If anyone's got any ideas on what I can do, they'll be greatly received.
Cheers chaps
Also I registed the original payment as a missing letter with the Post Office.
Didn't hear anything else afterwards until last week, when I got two letters from a collection agency saying if I don't pay two £240 in a week then the baliffs are coming to visit.
Don't know what to do now as I can't really afford almost £500 right now, but the threat of baliffs is kind of scary!
If anyone's got any ideas on what I can do, they'll be greatly received.
Cheers chaps
I presume the payments didn't appear on your credit card statement ... in which case you (a) know they weren't received and (b) have no proof of payment. I presume also that you have no proof of postage of the payments. Do you habve proof of the 'missing letter' notification?
You could protest some more, but the chances that the bailiffs will be called off in the meantime might be slight, and a visit will be distressing.
You might well be in a 'no win' situation. Sorry.
>> Edited by streaky on Monday 10th November 09:00
You could protest some more, but the chances that the bailiffs will be called off in the meantime might be slight, and a visit will be distressing.
You might well be in a 'no win' situation. Sorry.
>> Edited by streaky on Monday 10th November 09:00
Did you send your second letter by recorded del. ? If so, send the proof of receipt by recorded del. to the charging authority.
If you can't prove actual payment or intent to pay then unfortunately you will have to pay. However, the collection agency is more interested in getting your money than in taking you to court (CCJs are a very unsuccesful method of recovery) so if you cannot prove your payment I would strongly suggest contacting the CAB as soon as possible.
The CAB will be able to advise you on seeking either a reduction in the amount owing or a longer term of repayment.
Noone can order in the bailiffs without a court order for recovery. A bailiff is a court ordered official with powers of recovery, not just a 'debt collector.' In order to do this the recovery agent would issue a claim form to the County Court. The claim is then sent to you.
At this point you have the option to pay the full amount (often plus costs) with no further action. If you dispute the claim you can use the form sent to you to do so. If you do not dispute or pay the claim, then a County Court Judgement (CCJ) will be issued against you. You have a period of time (I think it's 28 days) to pay this before it is 'registered.' If you do not pay then it will be registered on your credit record.
Once the CCJ has been issued the bailiffs will attempt recovery (by knocking on the door, that's all they can do at this point). You can still offer to pay in installments and this offer will be put to the recovery agent.
If this is still unsuccesful the recovery agent can seek recovery via a warrant for seizure of assets or (far more likely) attachment of earnings.
An Attachment of Earnings order is sent to you, requiring details of employment, earnings etc. You can usually offer to pay x a month. This is taken from your earnings, directly from the employer.
If a warrant for seizure of assets were to be issued then the bailiffs can enter the premises to seize property or seize any property in a public place(including towing any vehicle registered to the debtor) to cover the value of the debt. They cannot enter or contact your place of work, recover a vehicle from private land other than your own address or forcibly enter your property.
If you can't prove actual payment or intent to pay then unfortunately you will have to pay. However, the collection agency is more interested in getting your money than in taking you to court (CCJs are a very unsuccesful method of recovery) so if you cannot prove your payment I would strongly suggest contacting the CAB as soon as possible.
The CAB will be able to advise you on seeking either a reduction in the amount owing or a longer term of repayment.
Noone can order in the bailiffs without a court order for recovery. A bailiff is a court ordered official with powers of recovery, not just a 'debt collector.' In order to do this the recovery agent would issue a claim form to the County Court. The claim is then sent to you.
At this point you have the option to pay the full amount (often plus costs) with no further action. If you dispute the claim you can use the form sent to you to do so. If you do not dispute or pay the claim, then a County Court Judgement (CCJ) will be issued against you. You have a period of time (I think it's 28 days) to pay this before it is 'registered.' If you do not pay then it will be registered on your credit record.
Once the CCJ has been issued the bailiffs will attempt recovery (by knocking on the door, that's all they can do at this point). You can still offer to pay in installments and this offer will be put to the recovery agent.
If this is still unsuccesful the recovery agent can seek recovery via a warrant for seizure of assets or (far more likely) attachment of earnings.
An Attachment of Earnings order is sent to you, requiring details of employment, earnings etc. You can usually offer to pay x a month. This is taken from your earnings, directly from the employer.
If a warrant for seizure of assets were to be issued then the bailiffs can enter the premises to seize property or seize any property in a public place(including towing any vehicle registered to the debtor) to cover the value of the debt. They cannot enter or contact your place of work, recover a vehicle from private land other than your own address or forcibly enter your property.
sparkyjohn said:
Did you send your second letter by recorded del. ? If so, send the proof of receipt by recorded del. to the charging authority.
If you can't prove actual payment or intent to pay then unfortunately you will have to pay. However, the collection agency is more interested in getting your money than in taking you to court (CCJs are a very unsuccesful method of recovery) so if you cannot prove your payment I would strongly suggest contacting the CAB as soon as possible.
The CAB will be able to advise you on seeking either a reduction in the amount owing or a longer term of repayment.
Noone can order in the bailiffs without a court order for recovery. A bailiff is a court ordered official with powers of recovery, not just a 'debt collector.' In order to do this the recovery agent would issue a claim form to the County Court. The claim is then sent to you.
At this point you have the option to pay the full amount (often plus costs) with no further action. If you dispute the claim you can use the form sent to you to do so. If you do not dispute or pay the claim, then a County Court Judgement (CCJ) will be issued against you. You have a period of time (I think it's 28 days) to pay this before it is 'registered.' If you do not pay then it will be registered on your credit record.
Once the CCJ has been issued the bailiffs will attempt recovery (by knocking on the door, that's all they can do at this point). You can still offer to pay in installments and this offer will be put to the recovery agent.
If this is still unsuccesful the recovery agent can seek recovery via a warrant for seizure of assets or (far more likely) attachment of earnings.
An Attachment of Earnings order is sent to you, requiring details of employment, earnings etc. You can usually offer to pay x a month. This is taken from your earnings, directly from the employer.
If a warrant for seizure of assets were to be issued then the bailiffs can enter the premises to seize property or seize any property in a public place(including towing any vehicle registered to the debtor) to cover the value of the debt. They cannot enter or contact your place of work, recover a vehicle from private land other than your own address or forcibly enter your property.
NO baliff can enter by force. if they try smake em and press charges.
they can push past some one if you open a door or clime in a unlocked window.
but if you dont let them in they cant break in.
but if you let em in once.
if they return they can legaly break in.
normal pratice if they get in is to do a walk in posetion order ie giveing so many days to pay or there be back for the goodys
so never ever let one in.
so dont let em in
they will tell you they will keep coming back they wont . they will normaly forget it if they dont get in.
some times will try just once more.
re a car out side just make shaw its not registered to you.
then if they lift it just do em for theft.
they like car because there an easy target and are outside.
Cheers for the replies chaps.
OK, to answer some questions, it was my mum who actually sent off her details, as I'm crap at remembering things like this, so she was going to pay it for me then get the money back. And no, no payment was charged to her card.
Unfortunately, I have no proof that the letter was sent, wasn't recorded or anything. But have got a copy of the missing letter report we got from the PO, but thats no proof the letter ever existed.
Whats the situation on me living back at my mums house at the moment. Everything of mine (license, registration, electoral reg etc) is at this address, but the house isn't mine. Can they still barge in if the door is opened? The door is opened quite alot as we've a shop in half of the downstairs!!
I'll call the CAB tomorrow, and I'll call CC london and tell them I haven't stopped contesting the penalty. Maybe they'll give me some time?
OK, to answer some questions, it was my mum who actually sent off her details, as I'm crap at remembering things like this, so she was going to pay it for me then get the money back. And no, no payment was charged to her card.
Unfortunately, I have no proof that the letter was sent, wasn't recorded or anything. But have got a copy of the missing letter report we got from the PO, but thats no proof the letter ever existed.
Whats the situation on me living back at my mums house at the moment. Everything of mine (license, registration, electoral reg etc) is at this address, but the house isn't mine. Can they still barge in if the door is opened? The door is opened quite alot as we've a shop in half of the downstairs!!
I'll call the CAB tomorrow, and I'll call CC london and tell them I haven't stopped contesting the penalty. Maybe they'll give me some time?
dannyboyo said:
Unfortunately, I have no proof that the letter was sent, wasn't recorded or anything. But have got a copy of the missing letter report we got from the PO, but thats no proof the letter ever existed.
Although you can certainly kick up a fuss and send a copy of the PO letter to the CC Authority it would not appear that you've got a strong case to not pay the full fine (nb: I am not a lawyer. I do have some qualifications in contract law and experience as the plaintiff in recovery actions)
dannyboyo said:
Whats the situation on me living back at my mums house at the moment. Everything of mine (license, registration, electoral reg etc) is at this address, but the house isn't mine. Can they still barge in if the door is opened? The door is opened quite alot as we've a shop in half of the downstairs!!
Put simply, yes. They can enter the property at which the debt has been recorded and seize any assets which a reasonable person would assume to be yours.
dannyboyo said:
I'll call the CAB tomorrow, and I'll call CC london and tell them I haven't stopped contesting the penalty. Maybe they'll give me some time?
Contact the CAB before you contact the CC, they may have some suggestions to resolve the issue.
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