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    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
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Bristow and sutor gave me five days to pay or take car.


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Please can you tell me if the bailiff's can take my car if i sign it over to my girlfriend and also can they take the car if i use it for work?

 

Any help appreciated

 

Thanks

 

Matt

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well basically,

didnt pay council tax > Liarbility order > bristow and sutor.

 

Offered B & S £50 a month which they refused and so have been saving to pay council tax online, i will have the full amount in 5 weeks when i intend to pay it off.

 

The bailiff came round and i told him i had already made an offer which they refused and so i wasnt going to make another and i would pay the council directly.

 

He has levied against my car and gone away.

 

Matt

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Offered B & S £50 a month which they refused and so have been saving to pay council tax online, i will have the full amount in 5 weeks when i intend to pay it off.

 

IT might be a good idea to pay the council whatever you can each week rather than saving it up for five weeks' time. This will demonstrate your willingness to pay and put you in a stronger position to ask the council to call off the baillifs. They might well refuse first time but you can always enlist the support of your local councillor.

 

The sensible thing, meantime, is to find a safe place to keep your car where the bailiffs can't find it., and don't answer the door to anyone you suspect might be a bailiff!

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Did you you sign anything i.e. a notice of seizure. were you given a notice of seizure.

 

I agree with Fairplay pay as much as you can as often as you can to the council and keep contacting them to see if they will take it back

 

What charges on on the papers he has given you?

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Paying the debt is not the issue at the moment. The main issue is my car what i would like to know is if i "sell" it to my gf and register it in her name can they take it?

 

No i have signed nothing, they ahve not entered my house and the fee's outlined are "accecptable" as far as i am concerned (although it does not bother me about fees as i will not be paying them).

 

Thanks

Matt

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OK, but has he given you a notice of seizure with the car on it? Technically if you haven't signed it, it is not binding but that doesn't mean anything, believe me i'm in the middle of this myself with B&S. If your car as been seized then the bailiff has the right to take it has he believe that it is his but he is allowing you to use it. Has he charged for a walking posession, should be £12

 

Bailiffs who collect CT have to be 'certified' by a court and inorder to find out if he is certified, contact Her Majestys court services - enforcement program on 020 7210 0516 and ask them. One of the two B&S Bailiffs involved with me was not certified and at present it is with Reditch County Court, because I have made an official complaint (form 4)

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No, he has given me a notice of seizure which says he has taken the car (which he hasn't) and it says i have 5 days to pay! Am i to assume i should move the car elsewhere then?

 

Thanks

 

Matt

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Intrigue

 

Please be aware that MANY bailiff companies read these posts daily. I would be careful of putting too much information on a public thread.

 

You may give away, sell, hide etc any assets BEFORE a bailiff has levied upon them. In your case it would appear that the bailiff has levied upon the vehicle and in which case I am afraid to say that it may now be too late to sell etc.

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Car is moved and no longer available. Why would it be too late to sell? i have not agreed to anything or signed anything and as far as the law is concerned it is now my property.

 

As for them reading this, i would be more then happy for them to read my posts and know that they will not intimidate me.

 

My house is secure and locked 100% of the time without fail, they will not get into my house and i will not be paying a penny to them directly.

 

I tried to make an agreement with the last bailiff who accepted the agreement and tried to get into my house for me to sign it. I informed him this would NEVER be the case as i was aware he would then be able to do a wlaking possesion. He then went to the car and put a letter through my door saying i had not agreed to make an arrangement. As far as i am concerned he has shot himself in the foot as now B & S will get nothing.

 

Matt

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I am sorry, but the fact is that in order to levy upon goods inside the house the bailiff will need to gain "peaceful entry" into your home. In doing so he will then list items on a walking possession that are then in his legal control. The walking possession is merely recording which assets are secured but crucially this documents allow the bailiff to RETURN back to your home if you have defaulted on the payment arrangement made and to collect the goods listed on the walking possession. If you do not let the bailiff in to remove "his" goods, then he can force entry with a locksmith. I am sorry to make this sound scary.....but it is fact.....and this situation sadly happens many times a day.

 

It is for this reason that we always say....never allow a bailiff into your home.

 

However, if the bailiff does not manage to gain entry into the home it is now commonplace for him to place a "levy" upon a motor vehicle on the driveway etc. This is valid and once again means that he has "secured" that vehicle. Many arguments are made against this method of securing a levy and that is why a bailiff would much prefer to have your signature to confirm that you have agreed to this "levy".

 

Is the car in your home?

 

Is it subject to finance etc?

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By secure we mean levied. Levied does not mean removed or seized. Its merely a legal term. I'm afraidthough if the bailiff finds the car they can remove it. You would have to prove you sold it BEFORE they applied levy. I've just had a levy removed on my car with B&S. Seems they are a bunch of *******

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Seems they are a bunch of *******

 

And have been for at least the last 4 years that they have stolen £2k in fees from me.

 

They will clean you out if you let them.

 

Its time to fight back. Well done.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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  • 2 weeks later...

Ok i have paid the council tax bill of £400 but now i am concerned they will be back for the fees can someone tell me how to proceed.

 

Check out this thread for why i am cncerned (this was a seperate issue where i owed £100 and they added £300 fees)

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Now i have spoken to the council and they say that it doesn't matter that i have paid it online i still have to pay fees? Given todays nightmare i am now very concerned.

Matt

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Please can you tell me if the bailiff's can take my car if i sign it over to my girlfriend and also can they take the car if i use it for work?

Any help appreciated

 

Thanks

 

Matt

 

Everyone has missed this I think. I am not 100% sure as the rules keep changing, but if this was a civil matter they could not levy on the car if it is used for work (I don't mean travelling to and from). I don't see why it would be different for council tax.

 

I stand to be corrected.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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Intrigue. It's quite simple. What you pay is what is written on the magistrates warrant - no more.

 

Magistrates warrants are not known for including bailiff's fees, not least because no bailiff will have been appointed at the time of the hearing.

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Intrigue. It's quite simple. What you pay is what is written on the magistrates warrant - no more.

 

Magistrates warrants are not known for including bailiff's fees, not least because no bailiff will have been appointed at the time of the hearing.

so how do i get that across to the bailiffs and what can i quote to them.

 

I feel as though i know i am on the right side of the law but i am still being stiffed.

 

Matt

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Don't tell them anything. They are the ones on the outside looking in. Perhaps the situation would be clearer if I more correctly described the magistrate's warrant as a liability order. Once you have paid what's written on the liability order, you have discharged your legal obligation and liability.

 

If the bailiff tries to tell you otherwise tell them to send you a copy of the court order that states they are entitled to anything at all.

 

Remember they are private company. Not the law. Nor the court.

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Intrigue

 

Have they clamped or taken the car? i.e. B&S for their C/T fees.

 

They cannot do this

 

When did you pay the council - time scales, was it a reasonable amount of time for them to have notified B&S, B&S have direct links to some councils (I know Walsall has)

 

The liabality was for council Tax they have to go back to the counts and the process has to start again.

 

Time for a form 4 me thinks!

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I paid on monday this week and i rang to check the current status and it says settled so they may or may not turn up tomorrow we will have to see, i just wanted to check my rights for when they do

 

Matt

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