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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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Hi there, I am writing on behalf of my elderly parents who are both in there 70's. Like all people on pension or benefits, the amount is actually s**t and the government expect people to attempt to live on it, but that's another point. The purpose of this post is to try and get some advice from people who know what they are talking about.

 

My parents fell behind on their council tax for the year 2008/09, because my father had a replacement hip and whilst having the operation, suffered a heart attack, so my mother and I have been looking after and caring for him for the past 15 months.

 

During March 2009, we had a visit from someone who just left a letter through the letterbox saying that a representative from Penham excell had called to collect the debt. However we forgot all about it because of the state of health of my father and we had another visit from them a few weeks later and again a letter was pushed through the letterbox. My mother got in touch with Penham and said that the debt would be paid in full and she sent a cheque off to cover the amount. Unfortunately, the funds that she was expecting, never materialised due to some unforeseen reason and the cheque was not paid.

 

A few weeks later, we had a van xisit from a baliff, who wanted to talk to my mother, but she was not in, so I dealt with him, and voices were slightly raised between us, and in the end he handed me a envelope for my mother. Basically it said that they wanted the cash and that he was ther to seize goods to the value of the debt. Well this went on for a couple of weeks until in the end he handed over a notice of distress with my fathers car on it, and said to my mother that he was going to give her 48 hours to raise the money otherwise he was bringing the police and a warrent to seize goods. He explained this to my mother who was so worried that it caused her to have a heart attack the night before he was due to arrive on our doorstep.

 

I used one of your standard template letters and informed Pednham that we always intended to pay the debt but just couldn't and we sent them a cheque for £55.00 and offered to pay that as an affordable sum for the next 2 years. A copy of this letter was also sent to the baliff as well as to the council office by recorded delivery. This was before my mother had her heart attack.. The response was to receive a breakdown of the fees sofar and an income/expenditure form to complete. This was completed and sent back to Penham Excell. Nothing was heard back from them so another cheque was sent for the amount of £55.00 the following month and again for July, just like we promised.

 

Today, 21st July 2009, we receive a visit from the bailiff informing us that the amount we had proposed and were paying was unacceptable and that we should have received a letter from Penham Excell wanting us to pay £200.00 per month as a fair repayment in there opinion. L spoke to the baliffand asked him who said £55.00 was unacceptable, the council or Penham, and he said Penham. He then proceeded to inform us that he was going to clamp my fathers car and seize it today, however my mother asked him to get in touch with Penham and say that she will pay another £45.00 this month. He said that he would let her know on the 28th July 2009.

 

Sorry this has been long winded but my mother doesn't know where to turn to and what to do. She finds that she is not sleeping with the worry and she is looking very tired at the moment. Has anyone any suggestions what I can do or say.

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You don;t have to pay the bailiifs and they know darn well you don't you are oblidged to pay your council tax but to the council not the bailiffs

If they have never been into your home then they can't just break in so I would do a payment plan send to the council with payment and keep paying the council direct..

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Tell her also not to open the door to them ignore them completley and keep all windows and door's locked. what these peole play on is you don't know your rights or you don't find this forum

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So what your suggesting Ambershadow, is to cancel any payment arrangement that is in place with Penham Excel and to just quote the reference number and the year that the council tax relates to and pay the council direct. What about the money already paid out to Penham Excel, which at the end of this month will amount to £210.00 paid, what happens to that?

Edited by teesdale16
Grammer

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your mother and father are senior citizens (don't want to call them old age pensioners):D and your father is seriously ill

get on the phone to your M P age concern and the council make it very clear to the council that the have a duty of care to there tenants

as soon as the bailiff realised he was dealing with senior citizens he should have sent it back to the council

 

National Standards for Enforcement Agents

 

May 2002

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English

you say the bailiff mentioned taking your dads car did they leave a walking possession agreement

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The only documentation that the van baliff left, was a distress notice with the car and registration on it. There has NEVER at any time been a baliff in the house.

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yes he has put a levy on your dads car this I'm afraid will added more to the debt

tell the M P and the council you told the bailiff that your dad is seriously ill and both your parents are Senior citizens but he continued with enforcement by levying the car which goes against the bailiffs own guidelines as in post above

get this sorted tomorrow you don't want the bailiff adding van fees and clamping the car

i personally would ask the council how they feel about some bad publicity regarding there treatment of Senior citizens

don't let the council fob you off it down to the bailiff IT IS NOT the council are responsible for all bailiffs actions they work for the council when they are collecting council tax

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The baliff knew that my dad was in ill health and the worry and stress has caused my mother to have a heart attack as well.

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ask to speak to NO DEMAND to speak to the head of revenues and if you cant get to speak to him ask them if they would kindly give you a comment for your local newspaper tell them your next call will be to your M P then age concern then your local newspaper

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I wouldn't pay any bailiffs now not after finding this site... I pay direct to the council and they take the money and now have taken the debt back as I haven't faulted in payment but that's because I sent a payment plan in to them and also the bailiffs and told then I would pay the council direct... There is no law in this land that says you have to pay the bailiffs and they know that very well But if you don't know then they can over charge you and theaten you and such like which is what they have done to many people on this board...

 

Most of us have been there so know very well what they are like

 

 

I hope you get sorted

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