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    • By the way, have we checked that you did declare that it was a laptop and that you declared the correct value? Did you apply for the judgement yet?
    • You won't get any compensation for the the screeching.    you will have to find out what the reasonable cost of fitting a turbo would be and then that will probably be the value of your claim. Does that take care of all your losses?
    • Credit card was used maybe in 2014 last. then i was only repaying min. payments till 2016 but this was killing me and I had to stop. On credit reports shows both credit card and overdraft as HSBC accounts.    So if account is defaulted in 2016 would it disappear from credit file after 6 years or will stay there until is paid off?    I really thank you for your time.  E. 
    • They did supply a new turbo yes. Im happy to just get the fitting money back. Although I had to deal with high pitched screaming for weeks I'm sure that could do with some recompense!!
    • Can you remind me. Did the garage supply you with a new turbo for your £2,000? If it did, then you will need to consider what the normal value would be of a new turbo and that at least would have to be deducted from the amount you are claiming. It seems to me that if it was fitted incorrectly then you would be able to claim back all of the money which was paid in respect the fitting but not in respect of a new turbo if they supplied that
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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I came down stairs this morning to find my car clamped. I rang the bailiff to find out what it was about and he returned. I have a pcn from Harrow council, I had previously been issued with a notice to owner and a order for recovery. Was I meant to receive a final notice for payment?

Anyways I told the Newlyn bailiff that I received no final letter from Harrow council nor did I receive any letter to from Newlyns. He makes out Newlyns sent one on the 18th of Feb. I definitely did not get one. I asked him to prove it, recorded post etc, they don’t do recorded post he said. He told me they were going to tow the car away to essex in an hour and a half and I would incur more impound fees, as it was Saturday I was caught, I couldn’t go to the council as they where closed, it was a catch 22. So I was forced into making the payment of £726 (£155 for the pcn, £546 for their Fees, and £25 for the surcharge) because I need the car.

So I am wondering now what is my legal foot to stand on, I got no final warning from Harrow, or no letter from Newlyns?

Where do they pluck the number £546 from?

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At least you where able to pay! this happen to me this week and they wanted £1900. Go to the Traffic Enforcenment website and download forms PE3 and PE2 they both have to be sent off to the TEC you also have to get them signed in front of lawyer that does oaths. Which you can have done free at a county court I have leant this all this week. Anyway as far as i know this should stop anything that the council is doing at the moment and the TEC will make a judgement to either reduce the fine down to the original fine which you would have had on the day you got the ticket or they will say no and you will have to appeal on another form. Dec OOT ( Out of Time ) will hold you case for 4 week 19 working days. It means no further action can be taken.

 

I am not sure really what happens if you have already paid. But for me they have my car and I just want the car back so hopefully the forms will stop the bailiff selling my car for 4 weeks rather then in 7 days.

 

If you need these forms and can't find them they emailed me the pack over and i can forward them to you if you like ?

 

Good luck and keep us posted

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I don’t know if an OOT stat dec will do much good. Will it?

The biggest thing that has me red with rage is the £546 bailiffs fees. I never got a letter from them, I never got anything through the letterbox, I work from home and am here 80% of the time, so chances are if they previously called I was here, so they probably never did.

The first time I knew anything about them was when I opened my front door this morning to find a clamp on my car. Where are these unreal fees coming from?

Of course I’m going to ask for a breakdown and I’ll deliver the letter in person to their south harrow office.

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I have been reading alot of threads on here and you have nothing to lose by trying there are ppl on here that have had their money refunded 1st from the council and then the bailiff charges. The whole point of the form is to prove that you never receieved the letters and the warrant. I think in your case you should have a go and try! your better off going directly to the TEC as thats the main place rather then the area county court who would just forward it to the TEC.

 

I am not an expert but I have been reading up alot cause it makes me feel better I myself have faith that it may work. Plus I have heard that in some case's the council is to lazy to investigate all claims so just hold there hands up and don't bother to fight cause you can imagin how many ppl make counter claims against them. Thats mostly Westminster Council ( BBC NEWS)

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Well first up I have to put my hands up and say I did receive a notice to owner and a order for recovery(aldo I received no charge cert) from Harrow council. So I do owe Harrow council £155.

But just a couple of questions…….

  • Did Harrow council have to give me notice of them passing the debt over to a bailiff?
  • Do Newlyns legally have to give me notice that they are coming? What is this notice? A warrant?
  • Do they have to provide evidence that they did send a notice, eg recorded post?
  • Are they allowed to clamp my car of a Saturday, out of office times?

From reading other posts here it seems that their £546 fees have been exaggerated, how to I go about claiming defraud on them when I get the breakdown of the fees which I just know are going to be bogus and dreamt up.

Would an OOT stat dec be the right way to go, but I have already paid the money to Newlyns?

What about canceling the payment through my bank, by saying I was forced into paying in order to stop my car being taken there and then. Would Newlyns have to agree to this?

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They have to send you a warrant of execution without this they can't remove nothing. The sum of £500 odd would be for the bailiff who may have attended your home personally and there was no anwser from you.

Bailiff companies dont send anything recoreded post so that may work in your favor

 

Bailiff operative hours are between dust till dawn however I have never seen one on Sunday. Plus if they clamped your car and then knocked on your door thats another issue of contention that a court would look at.You have nothing to lose by sending in your OTT they can't prove what you have and what you have not recieved. Just see what happens its free to do.

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Out of interest - and I apologise as this is slightly off topic - can bailiffs take a car belonging to a blue badge holding person who is registered disabled?

If I have been helpful in any way, please tip my scales :lol:

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At this currant moment i am writing a letter to bailiff who took my car which i need for work and is classed as a tool of trade i have insurance to prove i am covered for bussiness use. So i don't really think they can! i have read you thread and by issing you with the blue badge in the frist place i think its clear that the badge is to ease suffering and reduce stress and comes with a number of other benefit i think you should talk to the council office who issued it and find out what your rights are inregards to this they will know.

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They have to send you a warrant of execution without this they can't remove nothing. The sum of £500 odd would be for the bailiff who may have attended your home personally and there was no anwser from you.

Bailiff companies dont send anything recoreded post so that may work in your favor

 

Bailiff operative hours are between dust till dawn however I have never seen one on Sunday. Plus if they clamped your car and then knocked on your door thats another issue of contention that a court would look at.You have nothing to lose by sending in your OTT they can't prove what you have and what you have not recieved. Just see what happens its free to do.

 

So what your saying is to file an OOT on the grounds that I never got pre-sent a warrant of execution.

Then what happens?

I’ve to wait for the court to make a decision and if they rule in my favor I receive my money back?

Is it not £75 to file an OOT?

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Out of interest - and I apologise as this is slightly off topic - can bailiffs take a car belonging to a blue badge holding person who is registered disabled?

 

No, that is absolutely forbidden territory, that could cost a bailiff his certificate if collecting for council tax.

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Basically yes, that you never got the warrant obviously you got the initially letter from the council but don’t say that on the form just say you never received anything.

You wait, as soon as the (TEC) receives your form they have to stop all action instantly. In your case this does not matter cos the action has already been taken the council has 19 working days to respond if the council does not respond in time then you get your refund regardless due to the time it has taken to process your form so fingers crossed for that event.

As far as I know it used to cost £35 to send an OOT, but there is no longer a fee attached the only fee you could incur is £5 or £10 to get it signed? It cost £75 to appeal if the decision from the OOT is not in your favour you will then need to send a N244 (don’t quote me on the form number). The £75 is for the court officer to independently look at it.

‘I will be sending my OOT first thing tomorrow morning so I will keep you updated to what happens I am also sending a complaint to the county court regarding the bailiff who attended in relation to conduct and incorrect good s removed I am advised that bailiffs are scared of this as they can lose their certification.

That’s free to do as well.

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Basically yes, that you never got the warrant obviously you got the initially letter from the council but don’t say that on the form just say you never received anything.

 

You wait, as soon as the (TEC) receives your form they have to stop all action instantly. In your case this does not matter cos the action has already been taken the council has 19 working days to respond if the council does not respond in time then you get your refund regardless due to the time it has taken to process your form so fingers crossed for that event.

 

As far as I know it used to cost £35 to send an OOT, but there is no longer a fee attached the only fee you could incur is £5 or £10 to get it signed? It cost £75 to appeal if the decision from the OOT is not in your favour you will then need to send a N244 (don’t quote me on the form number). The £75 is for the court officer to independently look at it.

 

‘I will be sending my OOT first thing tomorrow morning so I will keep you updated to what happens I am also sending a complaint to the county court regarding the bailiff who attended in relation to conduct and incorrect good s removed I am advised that bailiffs are scared of this as they can lose their certification.

That’s free to do as well.

 

 

 

Thanks for that.

 

Ok I’ll ring the TEC tomorrow morning and look to file an OOT.

What do you mean by cos the action has already been taken the council has 19 working days to respond if the council does not respond in time then you get your refund regardless due to the time it has taken to process your form”

 

In the meantime I’m going to write to Newlyns using one of these templates about the fees.

http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters

 

Also I’m self employed and told the Baliff this, and that I need my car for work. So does this mean he could’nt have seized it anyways and therefore cannot put a levy charge on it?

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Holy CRAP,

 

Bailiff siezed vehicle on a SUNDAY, his licence is GONE BABY!

 

I am a court bailiff believe I have seen many bailiffs lose their licence because of SUNDAY WORK.

 

TOTALLY ILLEGAL, get his details bring it to the attention of the Court that issued his cert, and contact TOMTUBBY on here for further assistance.

 

If I can assist let me KNOW.

 

REPORT THAT CERTIFICATED THEIVING LYING **** BAG NOW!

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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Holy CRAP,

 

Bailiff siezed vehicle on a SUNDAY, his licence is GONE BABY!

 

I am a court bailiff believe I have seen many bailiffs lose their licence because of SUNDAY WORK.

 

TOTALLY ILLEGAL, get his details bring it to the attention of the Court that issued his cert, and contact TOMTUBBY on here for further assistance.

 

If I can assist let me KNOW.

 

REPORT THAT CERTIFICATED THEIVING LYING **** BAG NOW!

 

 

Hold on, its was Saturday morning. Does this make a difference?

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As far as I know it used to cost £35 to send an OOT, but there is no longer a fee attached the only fee you could incur is £5 or £10 to get it signed? It cost £75 to appeal if the decision from the OOT is not in your favour you will then need to send a N244 (don’t quote me on the form number). The £75 is for the court officer to independently look at it.

 

‘I will be sending my OOT first thing tomorrow morning so I will keep you updated to what happens I am also sending a complaint to the county court regarding the bailiff who attended in relation to conduct and incorrect good s removed I am advised that bailiffs are scared of this as they can lose their certification.

That’s free to do as well.

 

There is NO CHARGE TO FILE OUT OF TIME PE2 PE3 take it to a county court to have it witnessed,

 

PLEASE PM that BAILIFFS NAME TO ME, NEWLYN are ROTTEN LOT GREEDY SONS OF B*TCHES,

 

IN FACT I WILL ASSIST YOU AND MAKE SURE THAT BAILIFF LOSES HIS LICENCE, CONTACT ME VIA HERE OR PM THE CHOICE IS YOURS

 

LETS ROLL!

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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There is NO CHARGE TO FILE OUT OF TIME PE2 PE3 take it to a county court to have it witnessed,

 

PLEASE PM that BAILIFFS NAME TO ME, NEWLYN are ROTTEN LOT GREEDY SONS OF B*TCHES,

 

IN FACT I WILL ASSIST YOU AND MAKE SURE THAT BAILIFF LOSES HIS LICENCE, CONTACT ME VIA HERE OR PM THE CHOICE IS YOURS

 

LETS ROLL!

 

 

 

As i said its was Saturday morning, so are they allowed to do it of a Saturday?

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If you would like I can email you over the forms as the TEC emailed them to me last week? save you a fone call cos they can't help with any advise.

 

Right in my case they have already taken my car and have told me that they're going to sell it with 7 days so to put them off I'm sending the OOT so that all action will stop until it's sorted out with the TEC. In your case you have already paid the fine so your in a better position then me your just trying to get your money back.

 

Inregards to the car being a tool of trade you have to prove this like does you insurance policy have business insurance inc? are you the only one covered to drive it if yes then this is evidence.

 

Your car does not have to be sign posted up to hill you need to prove that its part of your work like are you self employed? that type of thing.

 

So basically yes he would still have taken it cos they all C**Ts ( sorry) I think the best thing is to buy a sign and stick to the car then they wont try and take it that's wot i am going to do if i get it back. Lol

 

What i'm going to do is contact the bailiff in writing tomorrow threaten them with action against in regards to a complaint to the county court. Here is the form i will be using for future ref: you can also use this form to complain about fees

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

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DAM IT!

 

Yes they can work on a Saturday !.

 

Yes just do an out of time, if you get it wrong it will be refused, and your money will be gone, what is the reason you will give for out of time?

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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DAM IT!

 

Yes they can work on a Saturday !.

 

Yes just do an out of time, if you get it wrong it will be refused, and your money will be gone, what is the reason you will give for out of time?

 

 

 

That’s just it, what reason can I give? Because I did receive an Order for Recovery from Harrow.

Can my reason be that I receive no warrant of execution or prior notice from Newlyns?

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No that is no defence, what kind of property do you live in? is a flat a house? did they have the address right?

 

Failing which PM me, and I will let you in on a secret OK?

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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After ringing the TEC, they have told me for any PCN charge after the 31st of March 08 the forms have changed, you now need to fill out Form TE9 Witness statement – unpaid penalty charge and Form TE7 Application to file a statement out of time/extension of time.

These don’t have to be signed by a lawyer.

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Slightly off-topic, but I received Notice of Distress totally out of the blue from Newlyns. (the CT debt had been with Equita and returned to the council). I noticed my neighbour's registration number had been written.

 

Can they come back and clamp even though I'm in the process of writing to the Council?

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  • 5 weeks later...

Ok, just an update as to how I’m getting on with this.

Newlyns are ******s. That said, I have issued them with a Subject Access Request with the £10 cheque which they’ve lodged, demanding a breakdown of their £546 Fees.

So I’m now waiting for their reply, while I’m waiting could anybody inform me what is the most they could have possibly charged me under the Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 and amended in 2003???

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