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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   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? No   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 ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bailiffs- phoenix commercial collections


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Briefly, on 04/03/09 I had an unexpected home visit from Phoenix- Daniel kendrick and Chris Sharif. They have come to collect a council tax debt. I explained to them that I already have an arrangement with the council to pay £141 each month which I have been paying. I asked them to leave as I was taking my kids to school. Came back home to find an envelope stuffed with a notice before removal and notice of seizure of goods and inventory notes-

Arrears due to authority- £306.50

Levy Charge- £32

Enforcement Fee -£ 255

 

inventory to which this refers- My car on Hire Purchase Agreement

 

I called the Council immediately and demanded some answers as I did not receive any notice from them. The council explained that I was late in paying the installments and I owe £284. I informed the council that I have paid £142 on 02/03/09. The customer advisor checked my records and said I owe £140. I paid this amount immediately and asked her to inform Phoenix. I called Phonix to inform them that I have settled the debt with the council.

On 11/03/09 the bailiffs from Phoenix turned up and blocked my car and demanded £476.50 as enforcement fee. I declined and called the police of an illegal activity taking place in my residence.

The police arrived but said they had no power as these are certificated bailiffs from the court and have powers to seize the car. I demanded to see the authority from the council and the liability order from the courts but they refused. I was left with no choice but to pay £476.50 before they left my driveway to enable me to take my kids to school.

 

I need your advice and a model letter of complaint about bailiffs.

 

Thanks

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You've been well and truly screwed.

 

So to start from the top.

 

Template letters are usually in the wiki.

 

You, by the sound of it have grounds for a complaint against the bailiffs, and a complaint against the Police officers - which you should address to the Chief Constable himself, it's the only way it'll be taken seriously.

That doesn't mean they'll do anything though, but if you don't try you'll never know.

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I explained to them that I already have an arrangement with the council to pay £141 each month which I have been paying.

 

They were entitled to collect once the council passed the debt to them regardless of the arrangement you had. The council have a contract with them .

 

Came back home to find an envelope stuffed with a notice before removal and notice of seizure of goods and inventory notes-

Arrears due to authority- £306.50

Levy Charge- £32

Enforcement Fee -£ 255

 

inventory to which this refers- My car on Hire Purchase Agreement

 

The bailiffs were entitled to assume that the car was yours and were entitled to seize it. However, once they were informed that it wasn't your property but was in fact the property of the Hire Purchase Company, they should have released it from seizure and amended their records to show no charge.

A statutory declaration should be enough although some insist on the owner making an application to them directly.

 

I called the Council immediately and demanded some answers as I did not receive any notice from them. The council explained that I was late in paying the installments and I owe £284. I informed the council that I have paid £142 on 02/03/09. The customer advisor checked my records and said I owe £140. I paid this amount immediately and asked her to inform Phoenix. I called Phonix to inform them that I have settled the debt with the council.

 

 

It was important at this point to put that in writing, because you have no proof of that phone call, only of making the payment.

At that point the bailiffs felt justified in carrying on because they clearly believed they had lawfully seized your car.

 

 

On 11/03/09 the bailiffs from Phoenix turned up and blocked my car and demanded £476.50 as enforcement fee. I declined and called the police of an illegal activity taking place in my residence.

 

Unless you had provided evidence that the vehicle was NOT your property it's difficult to see how they could have done anything else.

And the Police haven't got a clue - they aren't called wooden tops by their detective colleagues for nothing, who aren't always the sharpest tools in the box themselves. The police, unless you are lucky, will take the line of least resistance and will assume the bailiff is telling them the truth.

 

 

I demanded to see the authority from the council and the liability order from the courts but they refused.

 

That's typical, they probably didn't have it with them anyway.

 

 

I was left with no choice but to pay £476.50 before they left my driveway to enable me to take my kids to school.

 

So let me see, so far you have paid them:

 

Arrears due to authority- £306.50

Levy Charge- £ 32.00

Enforcement Fee - £255.00

Enforcement Fee - £476.50

Which I believe totals = £1070.00 that you have paid on top of the money you owed the council.

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Thanks for your quick response. I made an appointment with the council on 11/03/09 afternoon. I had a meeting with an advisor who informed me that the discussions and protest with the customer advisor on the phone had been recorded on my file.

Secondly, she advised me to make a formal complaint to the head of revenue and also a complaint to the the bailiffs company.

Where is wiki- I am a novice to all this

I paid £476.50 to the bailiffs on 11/03/09 and arrears of £140 directly to the council on 04/03/09.

Please help me to recoup this money with interest/compensation

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Thanks for your quick response. I made an appointment with the council on 11/03/09 afternoon. I had a meeting with an advisor who informed me that the discussions and protest with the customer advisor on the phone had been recorded on my file.

 

That sounds like a nice honest person, but be warned they may be in a minority at your council office and if (as happened to me) they changed computer systems and for some reason lose access to those files then you've no proof. What you should do is send a polite letter confirming everything that was said in the telephone conversation and as them to confirm that their records agree with yours.

 

Don't leave it to chance, it cost me nearly £4000 in council tax I shouldn't have had to pay, and still owe today.

 

Secondly, she advised me to make a formal complaint to the head of revenue and also a complaint to the the bailiffs company.

 

I always suggest doing it in this order: written letter to bailiffs, scanned and emailed to them, email copy to council tax dept, head of revenue, your councillor, and your MP.

 

 

Where is wiki- I am a novice to all this

 

Right at the top of the page although it's often worth browsing previous threads because some of the letters are cracking, that's how I did it.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/120845-rossendales-final-reminder-i.html

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I paid £476.50 to the bailiffs on 11/03/09 and arrears of £140 directly to the council on 04/03/09.

 

Well the arrears of £140 were owing to the council so thats gone.

 

But the £476.50 (not £1070 :oops: ) is a different matter.

 

 

I would begin at the beginning and complain about the levy upon the HP Car, because that is the foundation on which they built their fees and actions.

 

You should get a statutory declaration witnessed by a solicitor to say that the car does not belong to you, and write to them asking for the return of the money incorrectly levied. They'll refuse of course giving some reason but that's ok, post back when you get that reply.

 

Make sure a copy goes to the council asking them for the money as well.

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  • 1 month later...

I have never been in favour of naming a bailiff on an open forum but as this post has had the name on here for over a month I will confirm that if you are considering making a formal Form 4 Compliant to the court about this person then all enquiries need to be made to Redditch County Court and the bailiff is self employed.

 

The fees are NOT RIGHT and the entire responsibility for the fees is with the local authority to sort out. The bailiff is their AGENT and they cannot abdicate responsibility.

 

You are entitled to a large refund....NOW.

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