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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
    • I'm aware there are some grammatical and reference errors but the post expired before I could fix. I'd really like to know if I've made valid points or not. Thanks.
    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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I am in dispute over a PCN, I have contacted the local authority that issud it and have completed out of time forms. However Bailiffs were instructed to collect the fine ( the warrant has now been put on hold by the authority) .

However the Bailiffs ( Newlyns) clamped my Van , which is used for my sole use in my employment as a plumber.

Their defence is that the vehicle is registered to me personally in my name and that it has Not been registered as a company or working vehicle with the DVLA.

can somebody clarify this and is this legal. I was under the assumption that Tools books and vehicles used soley for my business are exempt from being seized

Does any know of the relevant regulation or case law regarding this action ?

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Speak to the local authority, they are responsible for their sub-contractors actions. It's not worth arguing with Baillifs - just mindless thugs.

 

Advise the local authority (Council) what they have done and that fact it means you cannot work. If that doesn't work, come back and see what further advice you can garner.

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Guest Happy Contrails

There is no legislation that says a bailiff cannot clamp your van you use for work. There has been cases where an agrieved party has claimed from a parking ticket authority for loss of earnings when their bailiff has caused them a loss by depriving a debtor the means to carry on the ordinary course of his business.

 

The legislation on parking ticket enforcement can be seen here: The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

 

Any claim for loss of earnings ability needs to be addressed to the authority that issued the parking ticket, an authority's defence usually contends that you can rent a van while yours was subject to levy.

 

My advice? just pay the bailiff wsith a credit card and get the clamp removed. You can then check bailiffs fees for any legal irregularity and if the bailiff has cheated you with his fees, you can recover everything by doing a chargeback under Section 75 of the Consumer Credit Act 1974 with your bank for breach of contact. Your ticket is paid off at the bailiffs expence. More: GETTING YOUR DEBT PAID OFF AT THE BAILIFFS EXPENSE - HOW TO SCREW A BAILIFF! Link is censored, i'll look for another

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Guest Happy Contrails

Content of link - HOW TO SCREW A BAILIFF

Have your debt paid at the bailiff’s expense

Two things need to have happened when you paid a bailiff:

1. Did a bailiff overcharge you for:

a) Attendances he didn’t make

b) Letters he didn’t send

c) Walking possession fee with an invalid levy

d) A fee that isn’t prescribed – such as a credit cardfee, waiting time or a vanfee

 

Check your receipt against the prescribed fee schedules. Section 10 of the Distress for Rent Rules 1988 says :

No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

 

2. Did you pay the bailiff using a credit or debit card?

If yes and yes then you have been defrauded by the bailiff and you can have your debt paid off at the bailiff’s expense – legally!

This only works on bailiffs collecting an artificial debt, such as parking tickets, council tax, wheel-clamping, c-charge, DVLA, child support agency, speed camera, TFL, and court fines in the last six years, or as directed by Section 2 of the Limitation Act 1980, This doesn’t work on consumer debts or private debt.

1. Phone your bank or card issuer and ask for a chargeback form. Don’t say anything to your bank at this time.

2. Wait until the bailiff has paid the money onto the instructing creditor and the case is closed.

3. Get a crime number, go to a police station and report that you have been defrauded by a bailiff under Section 15A(1) of the Theft Act 1968 (for offences before January 2007) or Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006. Take evidence including the bailiff’s receipt, printout of the relevant fee schedule and the law including Section 10 of the Distress for Rent Rules 1988. If the police fob you off with the - it’s a civil matter – excuse or say insufficient evidence or it doesn’t fit the criteria to be considered for criminal prosecution, then get the name of the officer and file a complaint of misfeasance with the IPCC.

4. On the chargeback form, enter the reason.

The merchant applied undue pressure on me to obtain this money transfer for himself or another and defrauded me the consumer in fees that are not prescribed in law and committed an offence under Section 15A(1) of the Theft Act 196, Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006 and the police have given a crime number of XXXXXXX and the merchant declined several opportunities to reach an amicable resolve in this matter.

 

Especially with debit cards, you must show the merchant bailiff has defrauded you. Overcharged fees are easy because they are prescribed in law and charging a non-prescribed fee - including a card fee is fraud. Enclose a copy of the bailiff’s receipt and the prescribed fee schedule.

Don’t bother issuing the bailiff with a Subject Access Request for a breakdown of fees. Send a simple letter asking for a breakdown and keep their excuse letter to show the bailiff was awkward. The bank can get this information for free if they want to check. Under a chargeback the burden of proof is with the bailiff who has to prove he actually posted letters and made visits giving rise to fees.

The Bailiff must be certificated, check HMCS Bailiff Register 0207 210 0516 and ask for the name and address of his certificating court. If his certificate has expired then make it known on the chargeback form.

The Bailiff or his firm and anyone trading in debt recovery must have a Category E consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register, if they are not licensed then make it known on the chargeback form.

The Bailiff pays a chargeback fee of around £10 and can appeal against your chargeback within 42 days but he’ll have no grounds, you were defrauded.

Once you have your money back, file a complaint at court against the bailiff, quote the crime number if you have one and enclose all supporting documents.

- Et voila!

1. The debt is history!

2. It didn’t cost you a bean!

3. The bailiff probably gets a criminal record

4. The bailiff is probably no longer a bailiff

5. And it’s 100% legal!

Possible repercussions:

1. The bailiff might try and re-charge your card following a chargeback, but the bank’s fraud-detection system may automatically suspend their online terminal.

2. The bailiff could start a civil claim against you; it’s unlikely to work because you recovered the money under an Act of Parliament and these cannot be rebuked by a county court.

3. If this involves a large debt such as child support agency then the bailiff may ask the creditor for his money back and the creditor could reactivate the debt. You have 6 years to find something wrong with the bailiff’s fees and execute chargeback, so wait until the case is probably deleted off the bailiff’s records making an appeal more difficult.

 

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What things are bailiffs allowed to take?

 

There are some things that the bailiffs are not allowed to take at all, such as goods that are rented or hired. The regulations also say that the following items are exempt and cannot be taken:

 

    [*]"such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation";

    [*]"such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".

     

    CAN ANYBODY TELL ME WHERE THESE REGUALTIONS ARE WRITTEN IN LAW?

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Guest Happy Contrails
CAN ANYBODY TELL ME WHERE THESE REGUALTIONS ARE WRITTEN IN LAW?

 

Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993 The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

 

Fee Regulations: The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

 

Enforcement of Road Traffic Debts Order 1993 The Enforcement of Road Traffic Debts Order 1993

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found this hope it helps

 

county courts act 1984 (c28

 

 

 

 

Part V

Enforcement of Judgments and Orders

 

icon_closed_level.gif

Execution against goods

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85. Execution of judgments or orders for payment of money.

(1) [F1Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,]any sum of money payable under a judgment or order of a county court may be recovered, in case of default or failure of payment, forthwith or at the time or times and in the manner thereby directed, by execution against the goods of the party against whom the judgment or order was obtained.

(2) The registrar, on the application of the party prosecuting any such judgment or order, shall issue a warrant of execution in the nature of a writ of fieri facias whereby the registrar shall be empowered to levy or cause to be levied by distress and sale of the goods, wherever they may be found within the district of the court, the money payable under the judgment or order and the costs of the execution.

(3) The precise time of the making of the application to the registrar to issue such a warrant shall be entered by him in the record prescribed for the purpose under section 12 and on the warrant.

(4) It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant. Annotations:

Amendments (Textual)

F1

Words in s. 85(1) inserted by S.I. 1991/724, art. 8(2)

Modifications etc. (not altering text)

C1

S. 85(1)(2)(3) applied (1.9.1993) by S.I. 1993/2073, art.4(1).

S. 85(4) restricted (1.9.1993) by S.I. 1993/2073, art.6.

 

 

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86. Execution of orders for payment by instalments.

(1) Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order.

(2) [F2Rules of court] may prescribe the cases in which execution is to issue if there is any such default and limit the amounts for which and the times at which execution may issue.

(3) Except so far as may be otherwise provided by [F2rules of court] made for those purposes, execution or successive executions may issue if there is any such default for the whole of the said sum of money and costs then remaining unpaid or for such part as the court may order either at the time of the original order or at any subsequent time; but except so far as may be otherwise provided by such rules, no execution shall issue unless at the time when it issues the whole or some part of an instalment which has already become due remains unpaid. Annotations:

Amendments (Textual)

F2

Words in s. 86 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4©

Modifications etc. (not altering text)

C2

S. 86 restricted (1.9.1993) by S.I. 1993/2073, art. 6.

 

 

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87. Execution to be superseded on payment.

(1) In or upon every warrant of execution issued from a county court against the goods of any person, the registrar shall cause to be inserted or indorsed the total amount to be levied, inclusive of the fee for issuing the warrant but exclusive of the fees for its execution.

(2) If the person against whom the execution is issued, before the actual sale of the goods, pays or causes to be paid or tendered to the registrar of the court from which the warrant is issued, or to the bailiff holding the warrant, the amount inserted in, or indorsed upon, the warrant under subsection (1), or such part as the person entitled agrees to accept in full satisfaction, together with the amount stated by the officer of the court to whom the payment or tender is made to be the amount of the fees for the execution of the warrant, the execution shall be superseded, and the goods shall be discharged and set at liberty. Annotations:

Modifications etc. (not altering text)

C3

S. 87 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

 

 

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88. Power to stay execution.

If at any time it appears to the satisfaction of the court that any party to any proceedings is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), or any instalment of such a sum, the court may, in its discretion, stay any execution issued in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased. Annotations:

Modifications etc. (not altering text)

C4

S. 88 restricted (1.9.1993) by S.I. 1993/2073, art.8.

 

 

 

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Seizure and custody of goods etc.

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89. Goods which may be seized.

(1) Every bailiff or officer executing any warrant of execution issued from a county court against the goods of any person may by virtue of it seize [F3(a)

any of that persons goods except

(i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;

(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;]

 

(b)

any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to that person.

 

 

(2) Any reference to the goods of an execution debtor in this Part of this Act includes a reference to anythling else of his that may lawfully be seized in execution.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annotations:

Amendments (Textual)

F3

S. 89(1)(a) substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 15(2); S.I. 1991/1364, art. 2,Sch.

F4

S. 89(3) repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2,Sch.

Modifications etc. (not altering text)

C5

S. 89 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

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Referring to the above post I have done some more research and found this:

County Courts Act 1984

 

1984 CHAPTER 28

 

Contents

 

Part V Enforcement of Judgments and Orders

 

Execution against goods

 

Seizure and custody of goods etc

 

SEC. 89 Goods which may be seized

 

(1)Every bailiff or officer executing any warrant of execution issued from a county court against the goods of any person may by virtue of it seize—

[F1(a)any of that person’s goods except–

(i)such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;

(ii)such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;]

This will cover every act Im pretty sure relating to the above !

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Thank you, seems I was doing exactly what you were doing re: the county court act.

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Guest Happy Contrails

County Courts Act deals with county court judgements. AFAIK It doesn't apply to parking tickets.

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County Courts Act deals with county court judgements. AFAIK It doesn't apply to parking tickets.

 

It appears that the warrant to levy distress was issued by Northampton County Court - Bulk centre, ( Traffic enforcement centre) and sent to my local authority to instruct their bailiffs ?

so if its a county court decision surely the act applies ?

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Guest Happy Contrails

I could be wrong on this and an expert may know better.

 

The county court uses separate regulations for processing parking tickets and county court judgments.

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I could be wrong on this and an expert may know better.

 

The county court uses separate regulations for processing parking tickets and county court judgments.

 

I Have just emailed Northampton county court with the relevant chapter,verse, sections to clarify this point , as soon as I get a reply I will post the information, but I have a feeling about this, I cant see that the law as stated is different for different courts. Its an Act of Parliament.

As soon as I get the ok on this ' form 4's' are going to be flying about:)

Claims for lost earnings and damages will follow, , and section 2 of the fraud Act will also be brought in to effect, that will teach the bastards who prey on us with their interpretations of the law, ( I would willingly have paid the PCN -IF i had had notification of it-However they didnt ) and Im really peeved about all this hassle from the bailiffs.

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