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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • 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 Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  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 xxxxxx. 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)     The 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 First 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.  At 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.
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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.

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Thank you Maggie :)

 

I dont know what i would do without my freezer all my food would be ruined and i can not afford to buy any more for about 2 weeks

 

I dont have anything in my garden as yet so im not worried about that

 

if they did break the gate down do they have to pay for it to be repaired?

or will i be left with another bill?

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Having re-read all the posts there is some good advice here, please do fill in a form 4 complaint, this will put the bailiff before a judge for his conduct. I think it is very unlikely he will come back, tomorrow it will have to be passed back to the courts again, this guy was obviously trying to embarrass and intimidate you.

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i dont have a printer to print the form 4 off

but i have asked my dad to print it for me

i will be going to thier house on wednesday to fill it in

i darent leave my house before wednesday due to the distress warrent still being in force

i would hate to come back home and find everything gone (that would be my undoing)

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i have moved counties since this fine was issued

so the warrant would be from the original HMCS wouldnt it?

and so there for not my new local one?

 

if i can get it transfered then that would be great and will not cost as much in travel

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well if the calculations are correct i have 40 mins before the bailiffs can no longer say they have a distress warrant

as they can not come after 9pm

and the 180 days is up at midnight tonight

Edited by catalice
spelling mistake
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Hi Catalice,

Sorry for not responding earlier, but, l'm really busy with my own bailff problems right now. As to your questions, you can not have any levie if the bailiff has not levied on any goods you have. He must either have levied on something outside your house or gained entry and then levied on your goods. As for the charges, you must send a letter to the bailiff company and ask for a screen flash, which will give you a breakdown of the bailiffs costs. lf he has not levied then he is only permitted to charge you for attendance etc. You can find the exact fee schedule here in the forum under Types of Bailiffs and Their Fees. l am glad you sorted the problems out with the court and all you have to do now is to sort the bent bailiff out. by the way l am also blond and that is certainly no sign of being stupid and neither are you! You did get here eventually, did'nt you?

Baest of Luck

GR

Edited by gustavius rex
miss
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I do still think that you can file a Statutory Declaration. I have sent you a message.

 

The fees that this company can charge are a £50 a fee and a visit fee of £175.

 

is that £50 fee for every letter?

and if they are allowed to charge for every visit how come they havent done so?

confused here

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Hi Catalice,

Sorry for not responding earlier, but, l'm really busy with my own bailff problems right now. As to your questions, you can not have any levie if the bailiff has not levied on any goods you have. He must either have levied on something outside your house or gained entry and then levied on your goods. As for the charges, you must send a letter to the bailiff company and ask for a screen flash, which will give you a breakdown of the bailiffs costs. lf he has not levied then he is only permitted to charge you for attendance etc. You can find the exact fee schedule here in the forum under Types of Bailiffs and Their Fees. l am glad you sorted the problems out with the court and all you have to do now is to sort the bent bailiff out. by the way l am also blond and that is certainly no sign of being stupid and neither are you! You did get here eventually, did'nt you?

Baest of Luck

GR

 

Thank you GR :)

oh i know im not stupid lol just finding it all very confusing

with the dos and donts

I havent sorted out the problems with the court yet not until they take it back which they will NOT do until philips gives it back

so i am still stuck with the bailiffs :(

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UPDATE

 

I have received an email today from my MPs office

 

they have tried to call Philips to find out more about my case and were unsuccessful :|

so they have asked me for thier address which i have provided them with

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UPDATE

 

I have received an email today from my MPs office

 

they have tried to call Philips to find out more about my case and were unsuccessful :|

so they have asked me for thier address which i have provided them with

 

Pleased to hear your update, and i am not surpirsed they had no joy contacting them, im pretty sure your MP will get a response whey they have written to Philips.

 

Keep up the pressure - Caggers for justice !

The retailers worst nightmare !

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Thank you GR :)

oh i know im not stupid lol just finding it all very confusing

with the dos and donts

I havent sorted out the problems with the court yet not until they take it back which they will NOT do until philips gives it back

so i am still stuck with the bailiffs :(

 

You are doing just fine and will continue to do so, l'm sure. Shall keep an eye on this site and if there is something l think l can help with l'll be in touch. Keep the fighting spirit up!!

GR

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Oh Hell Yeah!! Texts only to begin with, then after contacting them via the website, they took 10 days to reply. At least they don't text on weekends.

 

I called them after they told me what they would accept (£22 a week) and told them that was impossible (My case is exactly the same as this thread, unemployed, TV Licence, but no visits until last Friday, that was just a letter drop)

 

I asked them for a Means form, they said "we don't send them out!" I said no problem I'll get one myself, and send it in, can you please stop the texts, pending my form going in? "The text's won't stop" said she, "but get your details to us as soon as possible" Quite helpful really, compared to some cases I've seen on here.

 

I posted that out last Thursday (4th June), and the letter drop was last Friday. The "Nice" man that dropped it off stood with me on the doorstep (you ain't gettin in 'ere mate!) and said to just call the office, they're "Makin agreements everywhere at the minute". TBH, he wasn't any trouble. I explained I'd already been in touch and he said OK, and trotted off.

 

I've left it a week, and emailed them today, forearmed with the great advice from you guys on here, direct to old Nigel himself. Got a mail back fairly quick from the enquiries department, saying they wouldn't send it back to the magistrate until the whole thing had run it's course, and £22 was the lowest it would go. I've emailed back and said no go, the most I'll offer is £5 every fortninght, but no replies as yet.

 

I'm so much more comfortable knowing you guys and gals are here, could be in for the long haul!!

 

Pete

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Oh Hell Yeah!! Texts only to begin with, then after contacting them via the website, they took 10 days to reply. At least they don't text on weekends.

 

I called them after they told me what they would accept (£22 a week) and told them that was impossible (My case is exactly the same as this thread, unemployed, TV Licence, but no visits until last Friday, that was just a letter drop)

 

I asked them for a Means form, they said "we don't send them out!" I said no problem I'll get one myself, and send it in, can you please stop the texts, pending my form going in? "The text's won't stop" said she, "but get your details to us as soon as possible" Quite helpful really, compared to some cases I've seen on here.

 

I posted that out last Thursday (4th June), and the letter drop was last Friday. The "Nice" man that dropped it off stood with me on the doorstep (you ain't gettin in 'ere mate!) and said to just call the office, they're "Makin agreements everywhere at the minute". TBH, he wasn't any trouble. I explained I'd already been in touch and he said OK, and trotted off.

 

I've left it a week, and emailed them today, forearmed with the great advice from you guys on here, direct to old Nigel himself. Got a mail back fairly quick from the enquiries department, saying they wouldn't send it back to the magistrate until the whole thing had run it's course, and £22 was the lowest it would go. I've emailed back and said no go, the most I'll offer is £5 every fortninght, but no replies as yet.

 

I'm so much more comfortable knowing you guys and gals are here, could be in for the long haul!!

 

Pete

 

Sorry to hear of your problems - to save invading this thread could you possibly paste your comments above into a new thread, i would reccomend you title it starting with Philips Collection Services, you will get more replys that way, ill also comment on your thread too !

 

Speak soon - take care.

The retailers worst nightmare !

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Sorry to hear of your problems - to save invading this thread could you possibly paste your comments above into a new thread, i would reccomend you title it starting with Philips Collection Services, you will get more replys that way, ill also comment on your thread too !

 

Speak soon - take care.

 

Done matey, I hate hijacking threads, it's bad form, just hoping catalice is OK

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UPDATE

 

Hi everyone

ok i have yesterday received a letter from my MP they are looking into the matter for me with Philips

 

today i got a letter from philips head office they are looking intro my complaint about the beastly bailiffs actions and verbal abuse ( yeah right)

 

they also said that when i called them in february they said i could make token payments to reduce my debt ( no they did not) they took my £10 and then told me they wont accept less than £80 a month

i have also been informed that they have to let it run its course (which i believe is up now) and then it will go back to court and they are going to try to get a warrent for my arrest

what happens please if they succeed?? do i go to court too?

do i even get an invite to court this time?

or do i just find out when the police knock on my door?

advice please :(

Cat x

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ok here is a copy of the email i have sent to philips in reply to thier letter

 

My ref:

 

Re you letter dated 9 June 2009

 

Thank you for your recent letter in responce to my email

 

I was not given any opportunity by the court on this matter as the hearing was in dec 07 and i moved from that property in Jan 08

 

When i called you in February I was told i had to pay £80 a month and i explained my circumstances to the person who took my call

they did NOT tell me that i could make token payments just that they can only accept £80 a month on my account

 

Can you please advice me as to when this case will be returned to court and if i will be invited to attend?

 

I do not alledge that your agent spoke to me in the manner in which he did it is a fact

may I also point out that he did not give me his name just told me he was from philips collection services nor did he show me any paperwork with regards to a warrant or any ID for himself there for i would like for you to provide me with the agents name and ID/ Badge number please

 

I can afford to pay £5 every fortnight and i will pay this when i receive my JSA which will be next friday 19th June 2009

would it be possible for you to provide me with the information on how and where i can make payments please?

 

can you also provide me with a breakdown of your fees that have been applied to my account explaining what these are for?

 

I look forwards to hearing from you with my requests by return post so that I can move forwards with this

 

Thank you

 

Mrs Catalice

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