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#Post#: 27654--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: Enceladus
Date: June 27, 2024, 2:38 am
---------------------------------------------------------
--- Quote from: RhysGrif link ---
>
> ...............
> Hello,
>
> So I would I be correct in saying that they have confirmed
that the document was posted on 26th and not 25th therefore
giving me a 28 day period of 27th November due to the working
day falling on the Monday.
>
--- End Quote ---
Not the 27th Nov, the 28 day period ended Sunday the 26th Nov.
26/10/2023 = Thursday = Date of NTO = Date of Posting
30/10/2023 = Monday = 2nd working day after posting = Deemed
date of service = Day 1 of 28
26/11/2023 = Sunday = Day 28 of 28 day relevant period = Payment
of £70 made
@cp8759
Per the below. It's the additional £464 that he had to pay to
the bailiff that he's trying to recover. The £70 paid to close
the PCN would be a bonus, of course.
--- Quote from: cp8759 link ---
>
> I would suggest you want to start drafting your OOT
application. If you can get this accepted and the matter is
referred to the tribunal, I have little doubt you can get the
£70 refunded. Depending on how much of a fuss the council makes,
you might even get a costs order.
>
--- End Quote ---
#Post#: 27658--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: RhysGrif
Date: June 27, 2024, 3:55 am
---------------------------------------------------------
--- Quote from: Enceladus link ---
>
> [quote author=RhysGrif link=topic=2199.msg27583#msg27583
date=1719422478]
> ...............
> Hello,
>
> So I would I be correct in saying that they have confirmed
that the document was posted on 26th and not 25th therefore
giving me a 28 day period of 27th November due to the working
day falling on the Monday.
>
--- End Quote ---
Not the 27th Nov, the 28 day period ended Sunday the 26th Nov.
26/10/2023 = Thursday = Date of NTO = Date of Posting
30/10/2023 = Monday = 2nd working day after posting = Deemed
date of service = Day 1 of 28
26/11/2023 = Sunday = Day 28 of 28 day relevant period = Payment
of £70 made
[member=1]cp8759[/member]
Per the below. It's the additional £464 that he had to pay to
the bailiff that he's trying to recover. The £70 paid to close
the PCN would be a bonus, of course.
--- Quote from: cp8759 link ---
>
> I would suggest you want to start drafting your OOT
application. If you can get this accepted and the matter is
referred to the tribunal, I have little doubt you can get the
£70 refunded. Depending on how much of a fuss the council makes,
you might even get a costs order.
>
--- End Quote ---
[/quote]
Hello,
So therefore they’ve confirmed I’ve paid within the 28 day
period as the document was posted on the 26th.
#Post#: 27659--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: RhysGrif
Date: June 27, 2024, 3:57 am
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> I would suggest you want to start drafting your OOT
application. If you can get this accepted and the matter is
referred to the tribunal, I have little doubt you can get the
£70 refunded. Depending on how much of a fuss the council makes,
you might even get a costs order.
>
--- End Quote ---
Hello,
I am not sure I understand, I’m not having recovering the £70
for the PCN, I’m wanting to recover the £464 I’ve paid the
bailiffs
#Post#: 27660--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: RhysGrif
Date: June 27, 2024, 4:00 am
---------------------------------------------------------
--- Quote from: Enceladus link ---
>
> [quote author=RhysGrif link=topic=2199.msg27583#msg27583
date=1719422478]
> ...............
> Hello,
>
> So I would I be correct in saying that they have confirmed
that the document was posted on 26th and not 25th therefore
giving me a 28 day period of 27th November due to the working
day falling on the Monday.
>
--- End Quote ---
Not the 27th Nov, the 28 day period ended Sunday the 26th Nov.
26/10/2023 = Thursday = Date of NTO = Date of Posting
30/10/2023 = Monday = 2nd working day after posting = Deemed
date of service = Day 1 of 28
26/11/2023 = Sunday = Day 28 of 28 day relevant period = Payment
of £70 made
[member=1]cp8759[/member]
Per the below. It's the additional £464 that he had to pay to
the bailiff that he's trying to recover. The £70 paid to close
the PCN would be a bonus, of course.
--- Quote from: cp8759 link ---
>
> I would suggest you want to start drafting your OOT
application. If you can get this accepted and the matter is
referred to the tribunal, I have little doubt you can get the
£70 refunded. Depending on how much of a fuss the council makes,
you might even get a costs order.
>
--- End Quote ---
[/quote]
Update:
‘Good Morning
Thank you for your email.
After a further review of your case and the mitigation you have
described we can confirm that your case has been recalled from
the Enforcement Agent and you payment of £70.00 has been
accepted to close your case.
We hope that this assists with your enquiry and apologise for
any inconvenience caused.
Cofion/Regards‘
#Post#: 27661--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: RhysGrif
Date: June 27, 2024, 4:13 am
---------------------------------------------------------
Hello,
In response to them confirming they’re in the wrong. What are my
next steps for recovering my £464. And also, do I have any
potential counter claims as their negligence has caused a lot of
stress as I’m an apprentice so £464 is a lot of money
#Post#: 27664--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: Enceladus
Date: June 27, 2024, 4:56 am
---------------------------------------------------------
Mitigation indeed! They've likely just woken up to their errors
and realised that you would certainly prevail if this case was
ever to reach the Adjudicator.
You should write to the Council and demand, since they have now
withdrawn their warrant, that they promptly repay the £464 in
charges that you were forced to pay to the enforcement agents
working on their behalf. Give them 7 days. Copy the enforcement
agents.
Perhaps H C Andersen will put that in a more appropriate form of
words, He's good at writing such letters.
Don't be surprised if Swansea write back and suggest you pursue
the matter with the bailiff/enforcement agents. But be aware
that it's the Council that is responsible to you. Whether they
refund themselves or instruct their agents to refund is their
problem, not yours.
And well done.
#Post#: 27669--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: H C Andersen
Date: June 27, 2024, 5:58 am
---------------------------------------------------------
Good news.
You still play a straight and polite bat, the process isn't
concluded yet.
Thank you for your email dated **** acknowledging your error in
this matter.
As you know, I had to pay your agents £****(the precise amount)
in order to prevent my goods being seized. In order to bring
financial closure to this part of the matter, this amount should
be remitted by the council promptly and I do not think it
unreasonable to ask for this to be paid within the next 7
working days from the date of this request. My bank details are
as follows:
A/c name:
A/c number:
Sort code:
Thank you.
*- 7 working days is the same period given in a Notice of
Enforcement( :). This gives a clear and in my experience
achievable timeframe, but only if this is specifically 'owned'
within the council and not subjected to the normal payment
process.
Don't push your luck by trying to get your £70 refunded because
you'd be mixing compensation with a refund. Keep them
separate....which isn't to say we won't be returning to the
matter.
No complaints, no recriminations......yet.
#Post#: 27743--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: ivanleo
Date: June 27, 2024, 1:00 pm
---------------------------------------------------------
--- Quote from: RhysGrif link ---
>
> [quote author=cp8759 link=topic=2199.msg27641#msg27641
date=1719441065]
> I would suggest you want to start drafting your OOT
application. If you can get this accepted and the matter is
referred to the tribunal, I have little doubt you can get the
£70 refunded. Depending on how much of a fuss the council makes,
you might even get a costs order.
>
--- End Quote ---
Hello,
I am not sure I understand, I’m not having recovering the £70
for the PCN, I’m wanting to recover the £464 I’ve paid the
bailiffs
[/quote]
As I said, you need to make an OOT application, it is now
unlikely the council would bother to oppose it. You can't get
anything for stress and inconvenience, but getting the £70 back
without much difficulty.
#Post#: 27745--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: H C Andersen
Date: June 27, 2024, 1:12 pm
---------------------------------------------------------
With respect, no
They do not need to submit an OOT.
The council have accepted payment of £70 in full, TEC have no
role to play because nothing's being enforced. OP, TEC don't
enforce, the council do and they've drawn stumps, so this part
is over.
Don't complicate matters.
#Post#: 27877--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: RhysGrif
Date: June 28, 2024, 1:17 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Good news.
>
> You still play a straight and polite bat, the process isn't
concluded yet.
>
>
> Thank you for your email dated **** acknowledging your error
in this matter.
>
> As you know, I had to pay your agents £****(the precise
amount) in order to prevent my goods being seized. In order to
bring financial closure to this part of the matter, this amount
should be remitted by the council promptly and I do not think it
unreasonable to ask for this to be paid within the next 7
working days from the date of this request. My bank details are
as follows:
>
> A/c name:
> A/c number:
> Sort code:
>
> Thank you.
>
>
>
> *- 7 working days is the same period given in a Notice of
Enforcement( :). This gives a clear and in my experience
achievable timeframe, but only if this is specifically 'owned'
within the council and not subjected to the normal payment
process.
>
> Don't push your luck by trying to get your £70 refunded
because you'd be mixing compensation with a refund. Keep them
separate....which isn't to say we won't be returning to the
matter.
>
> No complaints, no recriminations......yet.
>
--- End Quote ---
Hello,
UPDATE:
‘Good afternoon
Thank you for providing the information requested.
Your refund is currently being processed by our accounts team
and will be credited to your account in due course.
Cofion/Regards‘
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