OUT of time stat dec refused - bailiifs turned up £520 paid |
OUT of time stat dec refused - bailiifs turned up £520 paid |
Wed, 23 May 2018 - 14:37
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#1
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Member Group: Members Posts: 367 Joined: 21 Oct 2007 Member No.: 14,685 |
Didn't receive a NTO due to moving house on 15th SEPT 2017.
Apparent congestion charge contravention on 18th SEPT 2017. Finally received paperwork to new house (dont know how) and first id heard of this on 1st May so filed an out of time stat dec on the second. Last i heard about it until a bailiff turned up whilst i was out yesterday, barged past my missus into the house and threatened to take away my kids xbox and everything else with it. I managed luckily to receive a telephone call whilst working and after arguing with the bloke who was the smarmiest individual ive ever spoken to (he had the attitude of "look Mr x, its fine if you dont have the money now, ill just empty your house of goods, so dont worry"), i reluctantly paid £520. When i filed the OOT PE2 and PE3 i also enclosed a tenancy agreement showing id moved in on the days mentioned but according to Mr Smarmy, that was refused and thats why he was there. I had no notification of when it was refused, and as i type, i'm trying to speak with TEC on the phone to find out. Is there anything i can do at all to get this reverted as PROOF was given that i didnt get the original NTO and it was still rejected. Thanks UKD. This post has been edited by ukdeveloper: Wed, 23 May 2018 - 14:37 -------------------- "I intend to live forever. So far, so good." |
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Wed, 23 May 2018 - 14:37
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Wed, 6 Jun 2018 - 11:34
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#21
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Member Group: Members Posts: 934 Joined: 25 Mar 2007 Member No.: 11,319 |
Low and behold today £513 goes into my account from these idots. Now, two thirds of me wants to carry out my threat and tell them to shove it, and i may well do. But i want to ask first, if this money is donated to the "Dog and Duck" for a round of beer on everyone, what actually can the bailiffs do? They can report you to the police for theft. The legal position is the same when anyone receives money which isn't theirs into their bank account. If they know it isn't theirs and spend it, it is theft and they can be (and usually are) prosecuted. Give it back. No matter how justfiably upset you feel, it isn't yours to give away. This post has been edited by spaceman: Wed, 6 Jun 2018 - 11:35 |
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Wed, 6 Jun 2018 - 11:54
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#22
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Member Group: Members Posts: 29,265 Joined: 16 Jan 2008 Member No.: 16,671 |
Low and behold today £513 goes into my account from these idots. Now, two thirds of me wants to carry out my threat and tell them to shove it, and i may well do. But i want to ask first, if this money is donated to the "Dog and Duck" for a round of beer on everyone, what actually can the bailiffs do? They can report you to the police for theft. The legal position is the same when anyone receives money which isn't theirs into their bank account. If they know it isn't theirs and spend it, it is theft and they can be (and usually are) prosecuted. Give it back. No matter how justfiably upset you feel, it isn't yours to give away. NHS WARNING. One possible side-effect of having a 'charisma bypass operation' is a complete loss of any sense of humour. -------------------- |
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Wed, 6 Jun 2018 - 12:38
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#23
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
…………..NHS WARNING. One possible side-effect of having a 'charisma bypass operation' is a complete loss of any sense of humour. UK Developer Good on you for complaining to TFL and TBH for them cancelling and refunding.... not all authorities are so obliging even when copped bang to rights. Re the money from bailiffs.... it isn't yours so cannot give it away. But TBH I would make bailiffs work for it. Perhaps a thank you letter and administration deduction for processing any return to them is in order. |
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Wed, 6 Jun 2018 - 13:18
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#24
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Member Group: Members Posts: 634 Joined: 8 Dec 2012 Member No.: 58,778 |
More likely the bank will realise and reverse the charge back. Or you could write explains what has happened and say you accept the payment as compensation for the distress they caused you.
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Wed, 6 Jun 2018 - 13:27
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#25
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Clamp the money and charge a release fee.
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Thu, 7 Jun 2018 - 13:50
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#26
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Low and behold today £513 goes into my account from these idots. Now, two thirds of me wants to carry out my threat and tell them to shove it, and i may well do. But i want to ask first, if this money is donated to the "Dog and Duck" for a round of beer on everyone, what actually can the bailiffs do? They cannot come back and remove goods on a warrant that no longer exists can they? So their only recourse would be to treat this as a normal debt and go down the debt collection route of sending me begging letters to which i will simply wipe my ass with them. They take me to court and i will ask for copy of the recording of the call which states "if they do this, ill do that". They can sue you under the equitable doctrine of unjust enrichment (a claim to which, from what you say, you would have no defence). However, you are under no obligation, as far as I know, to actively seek to return the money. If / when you receive a letter saying you must return the money, legally you should or else you risk legal action. Until then, you can't be blamed if the money sits in a savings account generating interest. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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