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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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no, you must first get the facts absolutely right, you need to send a SAR, ask for a screen printout, etc.

 

Anything to show that it was an uncertificated bailiff who has caused you all this greif.

 

Whatever you do don't show your hand until you know for certain and can prove it.

 

Then you've got them!

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Could do with TT's help on this one. Hope shes visiting soon. Date on letter is for the 5th of December :eek:

 

Could do with putting the brakes on asap

 

Please post TT :-)

 

Fwog

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I would say someone is orchestrating posters on this forum to suggest a commercial site and taking discussions away from this site

 

Stop making such childish comments please.

 

NOBODY is suggesting anything of the kind...it is just your imagination. For most people on here it is help that they require and from me they will get just that...

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On the Notice of Seizure has the bailiff actually levied on your vehicle?

 

Is it subject to finance?

 

How much is it worth?

 

Is it a "tool of your trade"

 

You say that the bailiff has listed 2 visits fees and a levy fee. The bailiff CANNOT charge a visit AND Levy fee for the same visit. Do you know the dates of the visits?

 

I am aware of one council who have insisted on having an undertaking from their bailiff co against any claims made as a result of the redemption of goods fee!!!I would therefore suggest asking B&S under which statutory ruling are they charging a "Head H Fee" (redemption of goods).

 

On the matter of the bailiff and his certification it is best to act with caution and request confirmation from B & S. They MUST provide this.

 

All bailiff companies are aware that they are not allowed by law to charge a credit card transaction fee. Once again I would suggest asking B & S for proof of their right to charge this fee.

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Hi Tomtubby

 

00.19 post.....Wow you burn it at both ends:)

 

1,Cars mine

2,worth 5-6k

3,Unless Im a pimp.....no:D

 

The dates are oct 28th, nov 3rd and nov 14th

Im really on a timer now...this is getting close..I dont want to query them too much. (..... as Im on the phone to BS there towing the car away and firing charges at me).

Its too late for the post as its 5th Dec they're returning ,so will a phone call halt them ?

I was told by debt line that if I make them aware of thier mistake, they're likely to send another bailliff around to fire more charges and make their case watertight

Im 99% sure on the certification being different from the name on the seizure notice. The other 1% tells me he must not even be on the list.

As Ive said ..its really close.. would I be better to pay them and take it up with the council at a later date? I don't think I will get any joy out of BS....:thinks:wont play fair.

 

 

I called The National Debt line and they've came up with a figure of £65.19 for the charges.

 

The final leter is and advertisement of goods notice and theyre comming to grab car 5/12/08 :eek::eek::eek:

 

Any ideas would be good :)

 

Thanks

 

Fwog

 

PS yes the levy fee in post 20# is on the car which is what the seizure notice is for (you dont have a cry smiley so this one will have to do) :/

Edited by fwog
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If there is some doubt as to the legality of the seizure, what would happen if the car vanished while this was being sorted out?

 

I'm not suggesting you break the law in any way - but I think it's a fair question and my gut instinct suggests that unless BS are acting legally there's little they could do.

 

Any comments?

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I cant get TT :( so I think the best course would be to pay them (today) and then take it up with the council.

I really dislike bailiffs and the less I have to do with them the better.

 

I could adopt the siege mentality but as I have the funds to pay, I dont think its worth dragging this out any longer.

We all know bailiffs dont play fair,so if I satisfy what they 'think' theyre owed, I can then - probably- get some sense out of the council.

 

Its a sorry state of affairs when the power that be employ these bully boys to do their dirty work.

Im mean , if your in distress,you have financial difficulties, where in the heck are you meant to stump-up the money from? The bailiffs lead you into a spiral of ever higher charges with no get out clause. Ive read a few posts where people have complied with the bailiffs and they seem to get screwed in the long run. Its as though the bailiff thinks you owe them a living.:evil::mad:

 

 

Thanks for all the help. You cold do with a few more people on here just pointing new posters to the basics, as this cuts through alot of the bailiffs c**p;) (present company accepted :) )

 

Thanks to everyone who has posted on this thread. The info has been greatly appreciated

 

Will post back when Ive been in touch with the council

 

Fwog

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  • 1 month later...

Hi all,

 

Well Mr Bailiff has gone forth to multiply with £600 of my hard earned, worth it to have a quiet Christmas:(

 

Just to recap, I want the council to ....

 

1, refund the charges levied when Bristow an Sutor took a debt card payment (4%)

 

2,The bailiff didn't use his certificated name on the seizure notice. I would like to complain to the council regarding his lack of respect to due process. Therefore any pointers to the legal obligations of a certified bailiff when serving a notice would be good

 

3,The fees outlined in my previous post seem excessive to Debtline , how do I go about recovering the excess? (roughly £35)

What's the best way to go about this?

 

Would it be best for me to go to the bailiff first to complain?

Or , as I'd rather do, go direct to the council with my grievances?

 

Any ideas on how to follow this one up would be gratefully appreciated.

 

Regards

 

Fwog

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Subject Access Request, then if you can show that they have overcharged, ask the council for the money back, if they refuse and you are 150% sure of your facts sue in the small claims court.

 

But you must get your facts right, and make sure that you appear to have acted reasonably at all times.

 

Hi Chris,

 

Thanks for the reply,

 

Yes, my facts are 100%. Its just the question of improper practices when executing a seizure notice, do I make the bailiffs aware of this or would it be better to complain to the council as Im likely to get a better response from them as they are instructing the bailiff ie I don't want this filed in the bin by the bailiff.

 

Also, where can I find the guidelines issued to bailiffs regarding proper practises when acting under instruction from a council?

 

Thanks again,

 

Fwog

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But at the end of the day, what matters is who pays and how much.

 

That's the way the law seems to work unfortunately, and the only thing that it will come down to is if the tax was collected, and whether the bailiff charged the correct fees or not.

 

As you may have read from tomtubby's posts, the credit card charge is definitely unlawful, but for some reason the debit charge remains undefined, which means the bailiffs will charge it until some judge somewhere comes out and states that they mustn't.

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But at the end of the day, what matters is who pays and how much.

 

That's the way the law seems to work unfortunately, and the only thing that it will come down to is if the tax was collected, and whether the bailiff charged the correct fees or not.

 

As you may have read from tomtubby's posts, the credit card charge is definitely unlawful, but for some reason the debit charge remains undefined, which means the bailiffs will charge it until some judge somewhere comes out and states that they mustn't.

 

 

Chris

 

Wow, so there's a definition between credit and debit cards even though the judge ruled that the charge itself was illegal? That sucks.

 

Heathliver,

 

thanks for that link,very informative:D By the way, do a preview before posting to see if the BB code has worked :)

Most of th time its just a gap between the command and the text;)

 

Fwog

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Well we owe tomtubby the credit for finding the caselaw, but yes, that's it.

Pay by CC and no charge allowed, pay by DC and currently the charge isn't disallowed, unless you can find a bored and competent barrister to challenge it for you for free - it's daft, but that's the wonder of our legal process.

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The matter of charging a credit card transaction fee has been the subject of at least 3 Detailed Assessment hearings to the court on the matter of bailiff fees and I am aware that in each case the Judge has ruled that it is UNLAWFUL to charge a this fee.

 

They can however charge a £1 fee for payments made using a debit card.

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The matter of charging a credit card transaction fee has been the subject of at least 3 Detailed Assessment hearings to the court on the matter of bailiff fees and I am aware that in each case the Judge has ruled that it is UNLAWFUL to charge a this fee.

 

They can however charge a £1 fee for payments made using a debit card.

 

interesting very interesting, so why oh why do all companies that i have heard of charge between £1 and £1.50 for a debit card and between 3.5% and 8% on a credit card transaction when it would appear to be illegal and why has no-one challenged this, its crazy and must be stopped!!!

 

ROBBING BAR STEWARDS

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The answer to this is very simple and is mainly down to publicity.

 

The bailiff companies all know that they should not be making these credit card transaction fees but they do not think that you know this.

 

If you write to the company to ask them for details of the legal ruling that provides for them to charge this fee you will normally find that hey agree to refund the fee. If this does not work we always find that a letter advising that a letter will be sent to the Local Government Ombudsman or even asking for details of their auditors normally works !!!

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Well I think it's the bean counter mentality - goes like this...

 

Most people will fold and pay it, along with the other fantasy charges, so they will make a profit even if they are caught out.

 

Remember the ford pinto class action - they worked out it was cheaper to pay some greaving family compensation rather then recall the cars.

 

Same strategy

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The answer to this is very simple and is mainly down to publicity.

 

The bailiff companies all know that they should not be making these credit card transaction fees but they do not think that you know this.

 

If you write to the company to ask them for details of the legal ruling that provides for them to charge this fee you will normally find that hey agree to refund the fee. If this does not work we always find that a letter advising that a letter will be sent to the Local Government Ombudsman or even asking for details of their auditors normally works !!!

 

Thanks or clarifying that point for me TT.

 

It would be a good idea , considering the amount of debt these people create, to calculated the amount theyve defrauded people of,with this charge, bet its a tidy sum. I might go to Companies House and download thier returns for last year. See if that can give me a figure:cool:

 

Letter being composed, putting in asbestos envelope as I type.:D:D

 

Fwog

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The answer to this is very simple and is mainly down to publicity.

 

The bailiff companies all know that they should not be making these credit card transaction fees but they do not think that you know this.

 

If you write to the company to ask them for details of the legal ruling that provides for them to charge this fee you will normally find that hey agree to refund the fee. If this does not work we always find that a letter advising that a letter will be sent to the Local Government Ombudsman or even asking for details of their auditors normally works !!!

 

many thanks for the reply tt, im guessing it will only be a matter of time though before this unethical practice will have to stop, well heres hoping anyway.

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