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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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      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.
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      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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Hi all,

 

Hope this isn't too much of a repetition - this site has LOADS of activity!!and good luck to you all in getting your problems sorted.

 

The situation.... I got a letter whacked on my car re: an old parking ticket. It's a walking posession agreement, the baliffs have 'seized' my car, or at least have tried. But, they have the incorrect address for me, which is why i hadn't heard anything prior to this. They spotted my car when i was parked close to the vacinity of my old address, so he's either following me (PARANOIA!!!!) or got lucky stumbling across my car?????

 

I contacted him and pleaded my case, but with no success. I can go to court to contest but will apparently face £1000 fine from the DVLA for not updating my address, or they'll 'eventually track me down', he threatened.

 

Frankly i'm considering just taking my chances that that don't 'track me down' and are just using scare tactics, or just selling the car! What can they do then???

 

What lengths will these guys go to??? I read a few posts that suggest some companies just give up and leave you alone after a while. (The company in question is 'Collect Services')

 

Any advice or comments from people who've experienced similar wolud by most appreciated, many thanks!

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I contacted him and pleaded my case, but with no success. I can go to court to contest but will apparently face £1000 fine from the DVLA for not updating my address, or they'll 'eventually track me down', he threatened.

 

He's telling porkies believe it or not about the fine

 

Frankly i'm considering just taking my chances that that don't 'track me down' and are just using scare tactics, or just selling the car! What can they do then???

 

If they have "seized" your car - wrong address or not then legally it now belongs to them so you would be breaking the law selling it on

 

 

The original ticket will not go away on its own. They probably caught up with you using ANPR. If you go through the due process of appealing your ticket then you stand a good chance of just having the original PCN to pay and nothing more.

 

PT

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Hi System I actually wrote a long but I went to research something and clicked the wrong button and lost it all :x

 

Basically out of the blue my mum got a a visit from a Bailiff who said if she didn't pay £300+ there and then he would return soon and take her car. She handed over the amount right away.

 

I got on the case and went to the local authority traffic enforcement office and asked for the address they had on file for my mum. It was her old address.

 

The ticket was issued when a friend of hers borrowed the car who we later found out knew about the ticket but threw it away and hoped the matter would disappear.

 

Anyway as the local authority traffic enforcement office had my mum's old address and had therefore been trying to contact her at a place she didn't live at any more I was able to appeal her ticket and we shortly had the money we handed to the Bailiff handed back to us.

 

As it was a couple of years ago I can't remember the form I filled in but the clerk at the local authority traffic enforcement office should be able to provide you with one once you explain the nature of your appeal.

 

Once we had the money back from the Bailiff we did have to pay £60 which was the fee for a ticket plus an extra £30 for a late payment. Which turned to be better than £300 plus.

 

I actually rang the Bailiff in question and thanked him for the returned cash as from the £300+ he took from my mum that day only £60 went to the parking enforcement authority and the rest went in his greasy maggot ridden pocket.

 

My advice to you would be to park your car away from your home if you can for a while whilst you get down the parking enforcement place asap and make your appeal which should get the Bailiff off your back and you can pay simply pay £60ish quid and chill.

 

Good luck.

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I've just remembered something which may help.

 

The words I were looking for were "Out of time appeal". You get so much time to appeal a parking ticket and once that is passed you have to fill in an "out of time appeal" obviously if they have your old address like in my mum's case you have a valid reason for appealing out of time as the first you knew about it was when a Bailiff showed up, again like my mum.

 

If you get on this quickly I see no reason why you should not be able to get away with a small fine. Good luck. and please let us you know actions and the outcome so that other people in the same position can benefit!

 

The Watcher.

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Hi all,

 

Hope this isn't too much of a repetition - this site has LOADS of activity!!and good luck to you all in getting your problems sorted.

 

The situation.... I got a letter whacked on my car re: an old parking ticket. It's a walking posession agreement, the baliffs have 'seized' my car, or at least have tried. But, they have the incorrect address for me, which is why i hadn't heard anything prior to this. They spotted my car when i was parked close to the vacinity of my old address, so he's either following me (PARANOIA!!!!) or got lucky stumbling across my car?????

 

I contacted him and pleaded my case, but with no success. I can go to court to contest but will apparently face £1000 fine from the DVLA for not updating my address, or they'll 'eventually track me down', he threatened.

 

Frankly i'm considering just taking my chances that that don't 'track me down' and are just using scare tactics, or just selling the car! What can they do then???

 

What lengths will these guys go to??? I read a few posts that suggest some companies just give up and leave you alone after a while. (The company in question is 'Collect Services')

 

Any advice or comments from people who've experienced similar wolud by most appreciated, many thanks!

 

 

This is such a COMMON situation and last year approx 50,000 vehicle owners filed an Out of Time Statutory Declaration with the Traffic Enforcement Centre with the vast majority of them being that all statutory notices had ben sent to a previous address.

 

YES...the DVLA could indeed fine a motorist for not changing his details when moving home.....BUT if that were to ever happen...this would be for the DVLA to decided and would nothing whatsoever to do with Collect Services or the local authority.

 

This is SCARE tactics from a bailiff and does not surprise me in the slightest.

 

The vehicle has been located by way of a bailiff companies ANPR vehicle Again...VERY COMMON.

 

You need to URGENTLY contact the Traffic Enforcement Centre by phone ( which is a NIGHMARE as they have changed their phone system and we have had delays of 90 minutes this week getting through) Tel: 08457 045 007 .

 

It would be best to visit the website and you will need to fill in a TE7 & TE9

form and state on it something along the following lines:

 

I was unable to file this statement within time because it was not until a bailiff company clamped my vehicle that I was made aware that all statutory notices had been sent to my previous address at ( put previous address).

 

You need to sign the TE7 & TE 9 and scan or fax a copy to TEC by Monday morning.

 

At around 3pm Monday TEC will send a copy of your Out of Time to the local authority and they in turn are duty bound to advise Collect Services to CEASE ALL ENFORCEMENT.

Edited by tomtubby
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Hi all, and thanks a lot for all the advice thus far.

 

Gonna get straight on the case in the morning and try this 'out of time' application.

 

For anyone else reading this, this link below (i believe, and correct me if im wrong please) describes the process that people are recommending.

 

http://www.hmcourts-service.gov.uk/cms/1043.htm

 

Traffic Enforcement Centre

 

It seems to be an official source concurring with what the good people of CAG are saying, and it also contains a further link to the forms that you need to fill out...... hopefully of some use to somebody.

 

Keep you posted on the outcome, and will definate donate few quid if it all turns out rosie. Keep up the good work caggers!!

 

PS..... to Sequenci... no, i dont know when it originally occurred, the baliff wouldnt disclose that info. Is he obliged to co-operate with you, if you intend to appeal/challenge any penalties??

Edited by system_error
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The TEC will be able to give you the date time and place, such as Sainsbury's carpark and the name of the town or area it was given it that way you might be able to recollect when you might have gotten the ticket especially if it was issued someplace that you seldom park.

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The TEC will be able to give you the date time and place, such as Sainsbury's carpark and the name of the town or area it was given it that way you might be able to recollect when you might have gotten the ticket especially if it was issued someplace that you seldom park.

 

The Traffic Enforcement Centre changed their phone system last Monday and it is VERY DIFFICULT indeed to get through to them. Post back when you have any further news.

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UPDATE** - Got through to TEC quite easily, on hold for about 5 mins. A shame they couldn't really tell me anything!!!!

 

Got contravention details from local authority in the end and emailed completed TE 7 & 9 forms. So lets wait and see.......

 

Thanks again everyone.

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UPDATE** - Got through to TEC quite easily, on hold for about 5 mins. A shame they couldn't really tell me anything!!!!

 

Got contravention details from local authority in the end and emailed completed TE 7 & 9 forms. So lets wait and see.......

 

Thanks again everyone.

 

It will be at least 6 weeks before you receive a response.

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UPDATE** - Called TEC again today, for an update. They'd recieved my application, forwarded it to the local authority who had accepted it, and now I'm baliff free!! Just a £50 'notice to owner' winging its way through the post within the next week. Saved over £200 from what the baliffs were seeking.

 

Note of thanks, in particular to TheWatcher and Tomtubby.......Cannot praise CAG enough for the help and info available on here.

 

To anyone else reading......Obviously if you're unsure about a situation, then seek professional advice, but CAG is a darn good place to start and could well provide the answer to your problem.

 

Support this site and help others like yourselves!

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You are more than welcome System_error, I myself have received a lot of help on here and so I feel I'm only paying back a small amount of that.

 

Great news that you have cut out the Bailiff fees. That's one big bully who'll be 200 smackers down at the weekend. Result.

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UPDATE** - Called TEC again today, for an update. They'd recieved my application, forwarded it to the local authority who had accepted it, and now I'm baliff free!! Just a £50 'notice to owner' winging its way through the post within the next week. Saved over £200 from what the baliffs were seeking.

 

Note of thanks, in particular to TheWatcher and Tomtubby.......Cannot praise CAG enough for the help and info available on here.

 

To anyone else reading......Obviously if you're unsure about a situation, then seek professional advice, but CAG is a darn good place to start and could well provide the answer to your problem.

 

Support this site and help others like yourselves!

 

Our company have assisted in over 2,000 Out of Time Applications and this must surely be the quickest that I have heard for one to be accepted.

 

EXCELLENT.

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  • 10 months later...

whilst tomtubby says its usually 6 weeks to a response from the TEC, while this is strictly true, it really depends on the TEC's backlog. the 19 working day deadline for mine was last friday (11th) and i phoned them every day since then, asking them how far they were through their backlog so had a constant update-the minute i found out that they were onbto the 14th on wednesday (16th), i said well that's ti -they have exceeded my deadline and insisted that they process it ASAP....i had also expereinced some previosu problems with court officers telling me different bits of information so off the back of all that the TEC processed my applciation v quickly. It really should be done within 5 days of deadline---a 2 week backlog taking it to 6 weeks is outrageous! also, why is it that they purposefully leave it until right at the last minute to respond (if they do respond that is)? well done for getting urs accepted so quickly though....mine was only accepted by default so i'll have to wait and see if they appeal now--but i cant see how they've got a leg to stand on--i KNOW they didnt respond in time-have had it confirmed by several different court officers at the TEC.

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  • 5 months later...

You could try this do download a PDF pack

 

[PDF] CPE out of time application pack

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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