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jenjuly82

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Posts posted by jenjuly82

  1. I asked for a breakdown back in November which was debt £544.06, statutory visit fees £42.50, levy fee £39.00 total £625.56 - total received £461.10 balance £164.46

     

    A payment of £43.00 was made in December

     

    Bringing balance to £121.46 which I paid today

    But because the recent bailiff visited 21.01.13

    He some how got the figure £82.96 owed (which was wrong) plus added £248.50 bailiff costs

     

    Hope this makes sence

  2. Hi all, we owed our previous council - council tax.

    Recently had a equita bailiff call and produced a notice of seizure and inventory goods form (form 7 & 8)

    Inventory of goods was my car!

    Now the amount owing to council is wrong and he also added £248.50 in bailiff costs.

    Today I have made direct payment to the council for the full amount outstanding so the debt with the council is now clear. But because his bailiff fees are still outstanding can he still call to collect my car???

    Quick response would be appreciated as he's due back today : (

  3. I ment he is willing to take weekly installments of £150 which we must ring him each Friday with card details for him to process, if we any installment then he will be back to take car, I'm not happy paying him or the extra £240 so I want to pay direct to council but if I do this then he will obviously come and retrieve the car even though payment has been made just via equita

  4. To do this he wants your bank card details - if so he will try and take as much as he can all at once and leave you with nothing. Do not do it. Have you checked with the Council to see exactly how much you owe - do not believe the bailiffs figures as he failed his maths exams.

     

    PT

     

     

    we owe £710

    he wants £950

     

    extra £240 problem is if i dont pay him direct each week then he is just going to come back to get the car - im going to try pay direct to the council as much as i can each week but soon he will be back

  5. have you requested a break down of charges?

    Have you let in in to levy on items and has he given you an inventory of the listed items,

    I suggest you move your car pronto.. if you havnt let him in then DONT!!!

    He cannot force his way in.. try and contact the a councillor.

    Were you aware of this debt BTW?

     

    no i didnt let him in the house, but car was parked on the drive! yes he handed me an inventory of the car listed!

    i know not to let him in my property keep all windows and dorrs closed etc.

    from feb 2009 - dec 2010 the debt was coming out of jsa then my partner got a full time job then became self employed april this year

    payments have been regular weekly since april this yr minus a few missed payments.

  6. no i dont fall into any of them catagories, the debt is in mine and my partners name for a property he owned which was repossced 2 yrs ago, my partner is a self employed scaffolder and im unable to claim any benefits but also dont work.

    our out goings are £375pw but some times he doesnt earn that a week thats why sometimes i have missed an installment.

    but with little to spare each week we are not likely to be seeing that amount in the very near future.

  7. Here we go again.

    dealing with Equita bailiffs:

     

    called this morning regarding outstanding council tax of £710 from 2007-2008

    have been recently paying our old city council direct weekly installments via bank transfer since april this year after being contacted by equita i still only paid council direct which was fine as had no visits from Equita but after missing a few payments they instructed bailiff to call today- which he did by nearly banging my front door down i only answered cos my children were there otherwise i would of let him bang away all morning.

    after demanding £950 within 24 hours he took notes of my car on the driveway which he said is amount note paid within 24 hrs he will be back to remove my car.

    contacted council they are not willing to except installments or take the debt back so contacted equita who told me to only deal direct with my appointed bailiff who is not willing to make an installment plan etc etc

     

    so any ideas where i go from here? obviously not wanting him to take my car nor do i have that amount of money just sitting around : (

  8. There is case law for defaults and excessive charges -

     

    DEFAULT NOTICE

     

     

    The Need for a Default notice

    • Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the petition.

    • It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

    • Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

    • Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

    • Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

     

     

    The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, /at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956].

    The defendant requires sight of the notice of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169

     

     

    sorry but not one bit of the above makes any sence to me what so ever!!!

  9. hi 42MAN, i have done the above i already have a copy of the original agreement plus terms and conditions. so a cca request wouldnt be needed i sent a sar request last week just waiting for reply.

    but as this can take up to 40 days im abit confused what i should be doing now!

    im not sure whether to ignore the SD that was posted throw letter box or write the acting solicitor for mortimer clarke who is serving SD and offer £25 a week and if need be secure house on debt.

    hope that makes sence!!

    what is the next process if the SD is ignored and we dont ask for it to be set aside when the time is up what is the next actions by the solicitor?

    what is the likely hood of the putting in a petition of bankruptcy is we do make an offer to pay by weekly installments surely they cant refuse to take it???:(

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