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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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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My wife is disabled and I stay home as her full time career so the only money we have coming in is the money that she gets for her disability and my £50;55p as her career.

 

We got our self's into arrears with our council tax before we knew we could claim relief from it, once we put our claim in, it was taken from the date of the claim so we still had arrears to pay them, we fell behind and they sent in the parasites who listed our goods for what there worth they no where near cover the bill.

 

Anyway we kept up our payments with the parasites and one day over 2 months ago now, we paid them on line as we usually do and we were on time with our payment and because of there own system muck up they said it takes 3 days for payment to get to them? so according to them we ended up paying them 3 days late, another parasite called and I was out, my wife and daughter were here and they charged us £130 late payment fee, Just more money we can't afford, This month again we paid 2 days late so were expecting them to call again with another late payment fee of another £130, we can't pay any earlier because we can only pay them when we get our money and we can't keep paying these late payment fee's.

 

When they arrive this time I'm in 2 minds to just say to them take the bloody stuff (sorry) you have on your list, get out and leave us a loan but something tells me its not going to be so easy.

 

The last time they called my wife was so frightened by them that they talked her into raising our payments by an extra £25 per month, I just hate these people and I find it very difficult to talk civil to them and I call them parasites and thieves, I know I shouldn't but I just hate these people and its water of a ducks back to them.

 

Is there any way I can stop them putting this late payment fee on us because it will Just continue to cause my wife more stress and its something she can really do without in her condition and were struggling to pay them as it is, we now have to pay them £100 PM.

 

I understand if its to late but I'm asking in the chance that there is hope for us? with fighting these parasites.

 

Thanks for taking the time to read this and you all have my kindest regards.

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Hi, I'm sorry to hear you are having this trouble - it must be very stressful for you all. I think you should write a letter to your council under their formal complaints procedure, after all they are responsible for the people they employ to do their dirty work for them - if you need help with a letter let me know. Have you spoken to the council at all about this treatment?

 

Also, given your circumstances I think you would come under the "vulnerable" criteria which may put a different light on things - I will look that up and come back to you.

 

 

In addition, you should engage the help of your local MP - find out when his/her surgery is and go along with all the paperwork.

 

Ell-enn

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My wife is disabled and I stay home as her full time career so the only money we have coming in is the money that she gets for her disability and my £50;55p as her career.

 

According to the national guidelines you would appear to fall into the "vulnerable" category.

 

This is an extract from the guidelines:

6. DISTRAINT EXEMPTIONS – VULNERABLE PERSONS
(COUNCIL TAX)

6.1 The bailiff company must at all times assess the personal and financial circumstances of the debtor.

6.2 The following class of persons should not be subject to distraint action: -

(a) Persons who display evidence of possible mental impairment.

(b) Persons with a profound sensory disability (seriously impaired sight or hearing).

© Persons (or the partners of persons) who are suffering a serious illness or who are terminally ill.

(d) Persons who have suffered the recent bereavement of an immediate family member.

(e) Persons who are frail due to old age or disability.

6.3 In all the above circumstances, cases should be returned to the Council. Costs incurred by the bailiffs to be in accordance with the agreed scale.

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We got our self's into arrears with our council tax before we knew we could claim relief from it, once we put our claim in, it was taken from the date of the claim so we still had arrears to pay them

 

Let's see if I understand this, you were entitled to council tax benefit but you weren't aware of that.

once you became aware of it you made a claim, and you are now receiving council tax benefit.

 

If that is so then you should not now be subjected to enforcement action by the bailiffs, and your account should have been handed back to the council.

 

we fell behind and they sent in the parasites who listed our goods for what there worth they no where near cover the bill.

 

So not only did the council hand the account to the bailiffs, but the bailiffs have been into your house and presumably you have signed walking possession agreement, is that right?

 

When they arrive this time I'm in 2 minds to just say to them take the bloody stuff (sorry) you have on your list, get out and leave us a loan but something tells me its not going to be so easy.

 

Actually it's exactly that easy, but unfortunately that won't be the end of the matter, because they'll have the right to come back into your house and make a list of anything else that is not exempt; unless of course you have already sold it to a third party.

 

I understand if its to late but I'm asking in the chance that there is hope for us? with fighting these parasites.

 

I don't think that your account should have been passed to the bailiffs in the first place.

 

In all this time have you had any contact with the council?

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Quote=Ell-enn;2041306]Hi, I'm sorry to hear you are having this trouble - it must be very stressful for you all. I think you should write a letter to your council under their formal complaints procedure, after all they are responsible for the people they employ to do their dirty work for them - if you need help with a letter let me know. Have you spoken to the council at all about this treatment?

 

Also, given your circumstances I think you would come under the "vulnerable" criteria which may put a different light on things - I will look that up and come back to you.

 

 

In addition, you should engage the help of your local MP - find out when his/her surgery is and go along with all the paperwork.

 

Ell-enn

Before I start I would Just like to thank you all for your replies and I will try to answer them all here.

 

Ell-enn

Believe me it is very stress full when you see your wife crying hours after the parasite left and then to see her wake up in the middle of the night screaming and crying, when I see this it really hurts me and this is why I have turned to this forum for possible help rather than punch their lights out if they turn up to charge us again and I do think they will.

 

I would love your help with a letter because I'm useless at putting the correct words together apart from I don't know what I'm talking about regarding these matters, so if your kind offer is still open then I would be more than happy with your help.

 

When this parasite turned up to give us a late payment fee my wife explained and showed her the receipt of payment with the date that was on time, this is when she said its because it takes 3 days to go through, this is what made me angry in the fact we had paid by the date stated, she gave my wife a direct number to call to make direct payment, the month before last she used this number only to find how difficult it was to get through and when she did eventually get through it asked for our post code, she gave the post code and it said it wasn't reconised and she tried over 6 times to try to pay it....In fear of them turning up again she contacted our local council and they said they would contact them which they did, 15 minutes later the parasite's called us and explained it was only parts of the post code it was asking for but it didn't explain this properly on the phone, I assumed it to be a ploy to get more money out of people but I don't know.

 

We did explain to the council about there charges but the woman we spoke to showed no interest in our complain this is why I think a written one may be so much better than a phone call.

 

chris600uk

 

Many thanks for taking the time to search the list for us, your list

C&E in your list seems to cover my wife, she has MS and is in a wheelchair but this doesn't seem to bother the parisites when they turn up, they even tried to list the car we have for her, I had to produce the documentation to prove it was a disabled car even though it had a disabled tax disk in the window that I pointed out to him, they even listed our 3 piece suite so my wife would have to stay in her wheel chair 24/7 or sit on the floor if they took it, not that its worth anything they would be lucky to get £50 for it but it didn't stop them listing it.

 

This line here I would be unsure on how to go about it, the council are aware that my wife is disabled.

6.3 In all the above circumstances, cases should be returned to the Council. Costs incurred by the bailiffs to be in accordance with the agreed scale.

 

chris600uk

I'll try to answer your list from the top down

 

1.Let's see if I understand this, you were entitled to council tax benefit but you weren't aware of that.

Once you became aware of it you made a claim, and you are now receiving council tax benefit.

 

If that is so then you should not now be subjected to enforcement action by the bailiffs, and your account should have been handed back to the council.

 

 

We fell into arrears before we were entitled to benefit and we now get 100% relief from it, so I do think the council is correct in there charges, just not the way they go about getting it back.

 

2.So not only did the council hand the account to the bailiffs, but the bailiffs have been into your house and presumably you have signed walking possession agreement, is that right?

 

Yes this is correct they did threaten me with prison and this petrified my wife

we also had to give them £100 and this was all the money we had to live on for a week so we had to contact the council who sent us around a food parcel.

 

3.Actually it's exactly that easy, but unfortunately that won't be the end of the matter, because they'll have the right to come back into your house and make a list of anything else that is not exempt; unless of course you have already sold it to a third party.

 

They listed the best we had and to be honest I don't think they would get a couple of hundred quid for it, My pc here was hidden and replaced with the most crapiest one I could find and the same with my printer and monitor, I changed the DVD recorder for a broken video recorder and a few other things I removed from the house so they wern't listed, the stuff they do have is worthless because its all broken gear.

 

4. I don't think that your account should have been passed to the bailiffs in the first place.

 

In all this time have you had any contact with the council?

 

I don't have an answer for this one I'm affraid all I know is they have and trying to talk to our council is like banging your head against the wall.

 

 

I hope I have answered everyones questions? If not I am sorry.

 

Thanks once again for everyones kind help.

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they even listed our 3 piece suite so my wife would have to stay in her wheel chair 24/7 or sit on the floor if they took it, not that its worth anything they would be lucky to get £50 for it but it didn't stop them listing it.

 

Your wife cannot be expected to sit in a wheelchair every waking moment, wheechairs are for transport not for relaxing in. Plus you need somewhere to sit. That should make the sofa exempt.

 

 

 

We fell into arrears before we were entitled to benefit and we now get 100% relief from it, so I do think the council is correct in there charges, just not the way they go about getting it back.

 

If you receive benefit then the council MUST deduct £3.00 weekly from your benefit. If your income is sufficiently low to justify 100% council tax benefit then that is what you should be paying.

Do not get caught by a fit of guilt - the amount owing previously is irrelevant - what matters is your situation now.

 

It's really important that letters start flying into the bailiffs office, the council tax office with copies to your local councillor and your MP, you could really do with their help.

 

This is outrageous, it's not simply wrong!

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Chris is right - this situation is outrageous! Can you find out when your local MP has his surgery? you really need their help with this.

 

Use this link to find the telephone number for your MP's office

 

UK Parliament - Contacting your MP

 

enter your postcode in the Find Your MP box - and then phone them tomorrow.

 

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thanks for you both so much for your kind help

 

I will get the ball rolling with the local MP but I'm unsure as what to write to the local council and the parasites office, can anyone guide me on what to write and how to word it?.

 

They have listed the 3 piece so its plain to see they Just don't give a dam? were still waiting for them to turn up demanding another £130 late payment fee but I'm not paying it this time so maybe they will come with there van I don't know how these people work.

 

We do get 100% council tax relief

 

Just used your link and found our local MP's details so I'll be calling tomorrow after the wife gets her new electric wheel chair from care aid, so perhaps the parisites would like to take that from her as well? :rolleyes:

 

Thank you both once again for your kind help.;)

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Hi there, ask your MP to write to the council on your behalf - his letter will have a much stronger effect. Don't forget to stress your wife's disability and that you are living in fear of answering the door.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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