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Everything posted by Dodgeball

  1. WEll you can, if you want to commit a criminal offence. With the creditor's agreement perhaps, but then all you proceeds would go to paying off the contract, and any shortfall of the FULL agreement price would also need settling, not a wise move. You would not be selling your car. Just google can i sell my HP car.
  2. In any case, they only take over the authorities part in the enforcement process, so the contact and behaviour of the EA are not affected, different law. You can still ring the authority in any case, the administrator is under the same obligation to withdraw warrants if needed. seems to me that you have accumulated so much information which is either inaccurate or not applicable to your situation that you are stifled under the weight of it. Firstly I would like to know how the bailiff was able to acquire a LO after six years. if as you say the authority got one at the onset, I would like to know who gave them a warrant after six years from the LO being issued.CPR83
  3. Your original debt will be the sum on the liability order, the council will tell you, the bailiffs should also give you a breakdown when asked, email them, you may get a better response.
  4. There is no categories or lists of vulnerable people in the TCE or regs. There are lists of where vulnerable people are likely to be found in guidelines, but even these do not say that any category should be regarded as vulnerable.
  5. Oh, you can be sure, bailiffs only recognise the vulnerability of the debtor, and that's it. Authorities can withdraw warrants of course, and in certain circumstances they do. I think we are talking about different things.
  6. I have written many guides on VT, most will have disappeared by now, but the CAB or NDL is quite good in this area, also the procedure should be itemised on your agreement. One final word, creditors, in general, do not like customers terminating in this way, and will lie about what you can or cannot do, always check, as said lots of info out there and also on here.
  7. I hasten to add, that this method of termination only applies if the debtor is the first to terminate. If the creditor terminates first on breach, the debtor is liable to pay the full agreement price.
  8. Why would you have to pay full term interest? You'r not keeping the car full term. No, forget about interest, figures are calculated on the amount already paid and the principle still owing. Any amount paid is deducted from the total credit figure on the agreement, this will include your deposit. If you have paid half, you don't owe any more, you just give the car back and walk away. If you have not paid half, you give the car back and pay off the balance in whatever way you can afford.
  9. I am sorry but your child's vulnerability will have no effect on the action by the EA. Whether he is there or not, only if he were there alone. The TCE act is quite clear just the debtor, sorry to say.
  10. I disagree, it is one of the few posts on here which is on topic. I know people dont like being told they are barking up the wrong tree, but there you are. Your remedy is to return the car to the HP company and settle under section 99 of the consumer credit act. This limits your liability to 50% of the contract price. This feature was introduced into the act for people exactly in your position. If you look at the definitions of consumer, the trader in 2015 you will see it does not apply. If you need help with this let me know, otherwise, I will leave you to it.
  11. I think, in regards to the EA, he would be more interested in the bill payers vulnerability. I don't think the family member would be relevant to the enforcement. Unless you could show that it caused the bill payer such trauma that they cannot handle their finances, V unlikely I am afraid. Not to say it is not worth mentioning, there may be someone at the council with a more compassionate view.
  12. The problem here is that people keep saying the OP bought the vehicle. He did not he acquired it on HP, to have bought it there would have had to be a transfer of title, such a thing does not happen under an HP agreement until the very last payment. If its not made then not at all.
  13. Its no use getting shirty with me. You do not have "good title". You apparently are only are a few months into the agrement. That means you must still owe a considerable amount on the contract. You now say, the company are forgoing both that and possession of the car, so you can sell, and have the money?, never happen. That is unless you were selling the car on there behalf so the agreement can be paid with the proceeds. They are just transferring a loss to you.
  14. Is this still under an HP contract? In post one, the OP said that he "bought it a couple of months ago". if he means under HP, he is in no position to sell, because it does not belong to him. If it is under an HP agreement there are remedies within the act, which are there specifically to help people in this position, or have I missed something?
  15. Oh yes, she will continue to use it, I am glad to say.
  16. Hi slick MY error, I saw this on my daughter's membership with Harlands and presumed it was the statutory minimum, it seems they provide the extra of their own volition. PRINCIPAL TERMS 1. This agreement commences once you have indicated your acceptance in the Declaration section of this web sign up process. If you did not sign up on the clubs premises you have 14 full days after signup to cancel this agreement for any reason. To exercise this right, you must inform Harlands or the club of this by post, email or telephone using the details above. You can use the cancellation form on page 2 of this document but it is not obligatory. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested. 2. Your membership starts immediately. 3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
  17. Yes, It is more the apparent contradiction really. The legislation seems to say that she can still cancel but wil be billed for the two weeks or less she used the service. Its twelve months, I usually like to look at these things before we purchase, however. I just noticed that £45 quids gone out of my account this morning, that will be the joining charge. £18 monthly after that. Not too bad I suppose. We live half way up a one in six hill for goodness sake, how much exercise does the woman need? Just leave the car in the drive I say. Won't listen
  18. Hi Mrs B just signed up for the Gym, this was the cancellation clause. Please note that if you completed this membership agreement whilst not in the club, you have a period of 14 days from today in which to cancel this membership. This right to cancel will cease once you visit the club, or the period of 14 days has elapsed, whichever is the earlier. My understanding is, if you started to use the facility within the 14 days the cancellation period continued but you may have to pay for that usage, can't both be right, can they?
  19. I know BF is too nice to say it, but, I have rarely come across such nonsense. The OP can only complain to the HP company and they have the option to pursue the dealer if they wish. In an HP contract, the goods are purchased by the HP company and given to the customer under A bailment. The buyer/hirer has no property in the goods, the title still rests with the Finance Company until the agreement is paid in full. Why should a bailee raise a complaint against a person which , contractually he has nothing to do with. This is what the CAB was trying to tell the OP in post one.
  20. Sorry if this has been mentioned. Has the OP considered a VT(voluntary termination)? That's 99-100 of the CCA. If the creditor was willing to accommodate, or even if he isn't, it is a statutory right, it would depend on the figures of course, but the owner does not have to have paid one half of the agreement, and if they will agree on credit to the contract. He may be able to walk away from the whole mess. Just an idea.
  21. How long have they given you to send the form back? The statutory period is seven days but many EA's give you more. Just some basic things about CTax bailiffs you probably already know. They have no powers to force entry, however, they can gain access through an unlocked door or take goods from the garden. They can call on any day of the year between 6 am and 9 pm. If the Bailiff does not collect, and the warrant is returned to the council all fees will disappear and you will be left with just the original debt. So if you did nothing and you are happy for the threat of the Bailiff calling for up to twelve months you could just "sit it out" and eventually you may get away with just paying the council the original debt without fees. Many subscribe to this course of action. The downside is, for the period mentioned there is the continual threat of the bailiff calling and all the stress that goes with it. in addition most importantly, the authority, on the return of the warrant may just pass it to another bailiff. So perhaps over the weekend, you could decide which path you want to pursue. I don't want to persuade you either way but personally, I would rather just get it sorted, (With the authority if possible) and get on with the important stuff in my life :).
  22. No sorry DX, should have been clearer. He can charge the compliance(£75) three times, but the enforcement fee just once, that is, if it is reasonable for him to attend at the same time for all warrants.
  23. Also, mention section 9 of the taking control of goods regulations. This limits the period a warrant may be applied to twelve months. Time limit for taking control of goods 9.—(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement. This may be more apposite if you have received a notice of enforcement at the dates quoted.
  24. 83.2 CPR (1) This rule applies to— (a) writs and warrants of control; (b) writs of execution; (c) warrants of delivery; (d) warrants of possession. (2) A writ or warrant to which this rule applies is referred to in this rule as a 'relevant writ or warrant'. (3) A relevant writ or warrant must not be issued without the permission of the court where— (a) six years or more have elapsed since the date of the judgment or order; This is from the Civil procedure rules. I would ring the council in the first instance, although they may just refer you to the Bailiff. Just ask when permission from the court under section 83.2 CPR was obtained.
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