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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      
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    • 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 have been struggling with paying the council tax at our home and have been trying to deal with it but am probably not as on the ball as I should be, (6 months pregnant, 2 children and an unwell husband) so I have let things slide a little. Anyway, Bristow Sutor are now involved and they came round to the house while I was at work. My husband let them in (he didn't really know who they were) and they performed an inventory of the goods in our house for seizure and made an agreement with my husband for me to repay what I owe. Now bearing in mind that the council tax is in my name ONLY, are they allowed to tell my husband what I owe or to make payment arangements with him without my authority? My husband is not particularly well and the last thing he needed was this stress on top of everything else.

 

Do I have grounds for complaint?

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Guest Happy Contrails

The article may be of interest: http://www.dca.gov.uk/enforcement/agents02.htm#part10 You are pregnant and that classes you a vulnerable persons for the purposes of civil enforcement and enforcement action must cease.

 

Look at the bailiffs documents, if he has charged you more than £24.50 in his fees then you are laughing, he commits an offence under the 2006 Fraud Act and you can make a complaint, plus make lots of noise with the council and police if you want to.

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Thanks for that, I'll certainly be getting touch with them. Unfortunately there are so many fees on this notice that he's left that I can barely make head or tail of what's right.

 

Please tell me what you think:

 

24.50 attendance to levy fees

45.00 levy fees

24.50 redemption of goods fee

 

I haven't got a clue what any of that means!

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Guest Happy Contrails

Only the £24.50, theres no such fee as levy fees because he has not levied on your goods & theres no such thing as redemption fees.

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.00 for a first visit and £18.00 for a second visit if one is made. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

Phone the council, tell them their bailiff has been caught cheating with his fees and commits an offence under Section 2 and 4 of the Fraud Act 2006 and ask they take the council tax debt back into town hall administration. Remind the council they are liable for their bailiffs when they are caught defrauding a member of the public. If the council is uncooperative or vexatious then quickly contact the local government ombudsman.

 

Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for defrauding you with his fees. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate. Download the complaint form to make an official complaint against the bailiff http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the bailiffs fees he is trying to charge and any amounts paid.

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Thank you so much - Bristow and Sutor make all the noises about being a reputable company but they're no better than the rest of them! I don't have a mobile number for the bailiff, just an 0871 number which only operates during working hours. As I teach during the day it's virtually impossible for me to call except at lunch time on my mobile and I don't have the money to cover that!! They don't even have na email address for queries just a 'Contact Us' box on their website which allows you up to 250 characters for your query!

 

i will definitely be in touch with the council over this - I might even have a look at previous dealings I'v had with them where I'm sure I've been charged extortionate amounts before.

 

By the way, according to the DCA website they shouldn't have spoken to my husband about the debts as they're in my name, is that right?

 

Sorry about the barrage of questions but it seems that you're the first person who can actually show me some light!

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Guest Happy Contrails

never go ringing a bailiffs premium rate telephone number, just send the bailiffs this letter by post and by email for each and every case you have paid in the last 6 years. No positive response then Form 4 it for fee irregularities. You can reclaim unlawful bailiff fees just like bank charges.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

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Sorry, enough is enough.

 

HC, please stop advising people as your'e info is totally incorrect. Not just in this thread, but in all of them.

 

You are wasting peoples time. Youre template letters will just be thrown in the bin, they are worthless.

 

Anglemouse, go to the CAB and ask the questions. The answers you are getting here are total claptrap and all HC's info above relating to fees is garbage.

 

Print this page off and go to the CAB or your COUNCIL. They will agree, this advice on fees is total rubbish.

 

Relating to form 4 complaints, based on the above advice, go ahead and file a form 4 and wait for the judge to laugh you out of court.

Edited by BLF

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hello we have a troll!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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So instead of slagging each other off - and bearing in mind that I work full time and can't get to the bloody CAB - can somebody please tell me what's right? I thought that the idea of this site was to give correct information. If it's not, can someone point me in the direction of a site who can.

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Guest Happy Contrails

Angelmoluse75.

 

From time to time we get bailiffs on the forums.

 

This is a public forum and its purpose is any advice you are given can be challenged by somebody else.

 

As my advice has been challenged, you now need to decide whose advice you listen to, and you are free to to accept the advice of a bailiff who thinks he also speaks for the judge.

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Thanks HC,

 

Sometimes it's hard knowing who to trust but at the same time, I had to deal with a bailiff on behalf of my friend who said that he could turn up with police and demand entry to her home - all of which is complete rubbish so I'm more than aware that they have a tendency to bend the truth somewhat! Will do as you've suggested but will try a couple of other consumer organisations as well. Biggest problem at the moment is trying to find out who the registered body behind Bristow & Sutor is so that I can register an official complaint, seeing as how they don't have it on their website.

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THE COUNCIL TAX (ADMINISTRATION AND

ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS

AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501

(SCHEDULE 5)

NOTICE OF

CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under

regulation 45(2) shall be set out in the following Table-

(1)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) – £24.50

i) where the visit is the first or only such

visit

ii) where the visit is the second such

visit:£18

 

 

Anglemouse 75 happy contrails is correct and i have never known him to give duff information

 

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Guest Happy Contrails
Thanks HC,

 

Sometimes it's hard knowing who to trust but at the same time, I had to deal with a bailiff on behalf of my friend who said that he could turn up with police and demand entry to her home - all of which is complete rubbish so I'm more than aware that they have a tendency to bend the truth somewhat!

 

Like this bailiff did? Its called misrepresenting his powers >>

 

Will do as you've suggested but will try a couple of other consumer organisations as well. Biggest problem at the moment is trying to find out who the registered body behind Bristow & Sutor is so that I can register an official complaint.

 

The official body is the Ministry of Justice. Trade Associations are not industry regulators so complaing to them is pointless. My post above shows you how to make an official complaint.

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captured!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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So instead of slagging each other off - and bearing in mind that I work full time and can't get to the bloody CAB - can somebody please tell me what's right? I thought that the idea of this site was to give correct information. If it's not, can someone point me in the direction of a site who can.

 

You should follow HC's advice and send the letter. I suspect that the person who is trying to deter you is a bailiff. Don't listen to bailiffs' propaganda. Send the letter that HC advised you to send and don't take any nonsense from the bailiffs.

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THE COUNCIL TAX (ADMINISTRATION AND

 

 

ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS

AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501

(SCHEDULE 5)

NOTICE OF

CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under

regulation 45(2) shall be set out in the following Table-

(1)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) – £24.50

i) where the visit is the first or only such

visit

ii) where the visit is the second such

visit:£18

 

 

Anglemouse 75 happy contrails is correct and i have never known him to give duff information

 

 

Yes, these are the charges connected with DISTRESS relating to visits.

HC states 24.50 is the only legal charge.

 

QUOTE = "Look at the bailiffs documents, if he has charged you more than £24.50 in his fees then you are laughing"

 

This is not correct so her advice is not good. Youre post above backs this up as a further charge of 18.00 is applied for the second visit where no levy takes place.

 

what about the rest......

 

B) For levying distress = the relevant amount calculated under paragraph 2 with respect to the levy.

 

C)For attending with a vehicle with a view to removing goods (where folowing the levy, goods are not removed) = reasonable costs incurred (usually £90 and is called a VAN fee)

 

D)The removal and storage of goods for the purposes of sale = Reasonable costs incurred (Usually same as the van fee and 12.50 per day until the sale)

 

I could go on. I am only pointing out inaccuracys in HC's advice.

Edited by BLF

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So instead of slagging each other off - and bearing in mind that I work full time and can't get to the bloody CAB - can somebody please tell me what's right? I thought that the idea of this site was to give correct information. If it's not, can someone point me in the direction of a site who can.

 

 

Angel

You go with Happy Contrails here and if you want to check whats right and whats wrong contact Tomtubby too she is a bailiff expert and will definatley put you right....

 

Bailiffs will tell you anything to get your money they are NOT entittled too and because most people who suffer in their hands don't know the laws and they don't know about this forum ... And the bailiffs depned on your not knowing either so they can take what they like and get away with it...

 

If the debt is in your name I am sure no-one can sign anything for you on your behalf... But that's something else you will need to check with tomtubby

 

 

 

Another thing that makes me laugh with bailiffs they know Darn well that you don't have to do business with them either it's not against the law to NOT PAY THEM, you shouod pay the council direct not them

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Anglemouse, You need to be aware that from what i can see, the people advising on this forum are using the people asking for help, as a tool to get at bailiffs, probably because they have had their own experiences with a bailiff ( and paid probably ). All they are doing is advising you to complain, fill out a form 4, send this letter etc, none of which will help you. As you can clearly see from the above posts, they dont know what they are talking about.

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Anglemouse, You need to be aware that from what i can see, the people advising on this forum are using the people asking for help, as a tool to get at bailiffs, probably because they have had their own experiences with a bailiff ( and paid probably ). All they are doing is advising you to complain, fill out a form 4, send this letter etc, none of which will help you. As you can clearly see from the above posts, they dont know what they are talking about.

 

Bailiff Loving Freak

 

it is all very well using a public help forum, but your actions are not helping anyone, only adding unnecessary confusion for no postitive reason.

 

can i suggest that you p'haps recommend the best action in this instance then? as it seems to me that 'well go see CAB' is something of a get out?

 

if you are truely here to help people then your advice will be very much valued and welcomed, but if you are just here to further your own causes or employment, then i think it extremely unfair of you.

 

we await your valued input or your absence........

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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