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Everything posted by Dodgeball

  1. Always get a head ache on this sub forum. You say it is HP then you say a short term Lease. You say you are not guilty because you were not the driver, Then you pay the authority. I think you have been given advice before the advisor bothered to fully appraise your situation. What happens next? Who knows. I suppose it all depends on the success of your claim
  2. Well done. Bailiffs are very keen on compliance with any payment arrangement made, sometimes a little to much so, it seems.. Although in your case it doesent matter, but you cannot just change the name on goods in order to protect them from enforcement. As soon as the Warrant is sent to the bailiff, any goods you posess are "bound" to that enforcement, no matter what you do with them. This disappears along with the enforcement power when the matter is settled.
  3. BA was saying that the Blue Badge must be on display on the vehicle, they cannot take that vehicle then. Hi London. Have to say I dont agree, in my experience, all you get if you do not reply to the bailiff is another bill for £235. If you have something relevant to the enforcement, you should at least inform the "that you are consulting with the creditor. Anyway my dog likes a bit of the Bard, specially, "A tail of two cities". Woof.
  4. https://www.gov.uk/sold-bought-vehicle/y/no/sold-it/sold-it-privately-to-a-person-or-business
  5. Thanks for your concern. If you read he thread. you will see that the points you raise have already been suggested to the OP, his response has been that he just wants to sue. If you have complaints about people who are trying to advise, please contact admin.
  6. Just to be clear. There is no fraud here, not by any definition and by any of the parties involved. I suspect the OP has not been forthcoming with the EA, and has therefore led them to believe the P resides there. Whoever is, or is on the council list has nothing to do with who is residing at the address. The EA will want to ensure that the debtor is not using the address as a place of abode. Deafness on is own does not render anyone as vulnerable. I do not see how the EA calling at your address can be any of the things you accuse them of, and furthermore neither will any court. If you think you are being harassed we can advise, however as for taking action, there is no cause I am afraid.
  7. I think you need to get off the for a couple of days. Then come back and in plain language tell us what the problem is. At the moment, it sounds a bit like gibberish, just what the problem is mind, none of the suedo legal nonsense.
  8. I don't know what is in the above link, but you have 21 days from your date of knowledge to make a declaration under the Majistrates court act. Best thing to do is ring the court and make an appointment to go down. You can plead guilty and you will.indeed recieve your rebate with no extra fines or charges, bailiff enforcement will also cease You can also do this by post.
  9. OK, lets see all successful actions by the ICO in the bailiff arena. Despite what you say, I recognise the line oif thought and also the person who advises other people to take action under these false ideas. There are victims all over the internet. It is nothing to me what you do, but nevertheless, what would it cost you to check up on these claims, and these individuals. Google is our friend sometimes.
  10. Then, if you have gone through the councils complaints procedure you need to escalate it to the Ombudsman. Now we are talking sense, have you asked the authority to hold enforcement until the matter is resolved? Are the Bailiffs aware that the matter is the subject of an ongoing complain?.
  11. You do know incidentally that a Bailiff, or AE(enforcement Agent) can enforce wherever you may live or carry out your employment, he is not restricted to the address on the writ/warrant.
  12. I think we know what numpties have been advising this gentleman, I take it you have already sent the proof of your none residence to the creditor? There is of course nothing to stop you copying this to the bailiff if you wish. The kind of claim you refer to does not exist in this context, if your "solicitor" says it does. Then I should request proof of any such action In is context, followed by sight of his diploma. Civea says no such thing incidentally. I get the feeling you have been told this body (CIVEA)represents the public? It does not, it is a document prepared and used by the bailiff industry, it also has no legal standing, guidance only.
  13. It is not for a bailiff to "correct" a warrant from the court, in fact it would be an offence for him to do so. A bailiff cannot be held liable for a defective writ or warrant in any case.. When you find your detriment, complain to the accuser. He should then call off the enforcement. My advice to you, if you really want any, is to forget about the law you think you understand and just look at how you have been wronged. If it is real complain to the person demanding payment. When you find your detriment, complain to the accuser. He should then call off the enforcement.
  14. The Bailiff is not responsible for the warrant he enforces, it is the creditor or the court you need to confront. As long as the power to enforce, as issued through the correct legal process is sent to the Bailiff, he can enforce. You say you do not owe, you therefore must find out why someone has shown differently. There are different processes, depending on the kind of debt. For Bailiff Enforcement Law you need to look at the Tribunals Courts and Enforcement Act and associated instruments.
  15. Impotrant https://content.govdelivery.com/accounts/UKHMCTS/bulletins/24c3af1 How will the new process work? The process for applying for a warrant of control will remain the same; creditors will continue to use the existing application routes of either a paper application form via a local court or an electronic application on Money Claim Online (MCOL). Following a successful application, the warrant is issued to the relevant Warrant of Control Support Centre. The centre will then manage the warrant for approximately 12 days. During this time, trained staff will: Attempt to contact the debtor by telephone or SMS, using any contact details provided on the warrant application form. They will check that the debtor is aware of the judgment; speak to them and inform them that a warrant of control has been issued; and provide them with further information about next steps, available options and signpost them to debt advice services. Identify potentially vulnerable debtors and will offer additional support via specialist agencies. If a debtor is identified as potentially vulnerable, still will inform the creditor and ask how they wish to proceed.
  16. Are you on good terms with the dmp providers,do you pay them too much. Are the accounts which are not being paid to the dmp being persued? I have to say this is a common scenario, so don't worry it will get sorted. I take it tou have no secured loans or council arrears?
  17. How many creditors are we talking about and what kind of credit are they Have any of the others been defaulted yet?
  18. The situation is this. A default notice issued under guidance. Is not the same as a DN under the Consumer credit act, all the former does is warn the debtor that the lender intends to record a default on his file, nothing more. A default notice issued under the CCA section 87, warns the debtor that he is in default of the agreement and gives him opportunity to remedy before further enforcement action is taken, nothing to do with data recording. Now this is where the complications start, because although a section 87 notice has nothing to do with data protections, in fact it does not mention it at all . The very fact that the lender sent it indicates the account is in default, and this must be recorded on your file. So, if a Section 87 is issued it will trigger default on your file. The opposite is not true however, if the lender chooses to record that you have defaulted, he can send you a notice stating that he is going to do just that in 28 days, but only that, this action has no relevance to enforcement.
  19. This is from the updated guidance, see the highlighted provisions It is important that you are made aware when such arrangements are made and maintained, that it will show on your credit file and that whilst arrears may accrue and increase, a default will not be recorded. Following a satisfactory period of payments under a temporary arrangement, and if the lender agrees, the status on your account may be set to zero; although the history will remain. This can be described as capitalisation, re-scheduling or re-aging. Depending on the product this could result in adjustments to how your account is reported on your credit file e.g. the payment amount, repayment period as well as the status. Should you make full payments from this point onwards your account will be classified as being up to date. If after a period of time a permanent change in terms on an account occurs then if appropriate, the revised terms should be recorded at the CRAs and payment performance calculated against the new terms; in such circumstances there will no longer be an arrangement in place. If your lender agrees to give you a temporary arrangement, but you fail to make the agreed payment against the new terms, they may still file a default (see Principle 4 below) as soon as a payment is missed, as long you were at least 3 months in arrears on the original agreement. I am afraid i dont know what you mean about this not being visible, it would seem to me, to defeat its own purpose if it were not visible ?
  20. He cannot issue a DN under 87, but as we all know that is different to putting a D on your file and stuffing your credit for six years, we have had a few on here UB. I refer of course to the credit marker.
  21. There is something to consider on this first. If the default does not appear on your credit file currently, and never has. They can place one when you default now. You need to be cautious, if a default has appeared on this account before and just dropped off, you should be OK As they cannot default the same account twice
  22. regarding the assertion that just letting the loan run its course, permits an action in court without a default notice. Not true. Letting an account run its term is not a default, the action must be brought on breach. 87 Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— It is not true that the notice is not needed when there is no option for remedy. (c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.,ie the term has expired. In this case It applies when no remedy by paying arrears is possible. In this case because the agreement expired, it gives the debtor chance to pay before proceedings.
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