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    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking 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.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
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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.

      Frankly I don't think that is any accident.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Police let bailiff into my property ***WON - bailiffs certificate removed ***


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Tut tut HCE! Very naughty and surprisingly below the belt for you. You know that people posting in forums and chat can - and often do - post as they articulate and not necessarily in line with previous generations grammatical aspirations and understandings. Her posts read just fine.

However, I will bask a little in the irony of a bailiff minded person posting a link for English lessons... :p

Best wishes

Rae

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There we go every bit of proof to show all bailiffs are bullies even if it is in a forum. I will type in posts how i feel i want to and it is not for you to judge me on it as you no of no manors or respect it therefore gives you no right to judge how I do things. If you have nothing to say in helping me on this thread then please do not post in it. I've had enough of your putting down comments time you grew up and got a life

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click the link then ok

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thought if someone was clamping they had to

 

That would be a private clamping company,all the people who clamp for them must be sia accredited .

 

The bailiff acts under a warrant or liability order,and they clamp a vehicle as a way of impounding the vehicle before eventually removing it .

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ive sent another email to my local councilor informing him that i went into council and tried to pay of on my account and that they refused payment i also informed him they refused to give me recipt of there first refusal see what comes from that and now its bk to wondering what is gonna happen tomorrow

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Updates ive recived a letter this morning from rossedales

 

Dear sir/madem

Newcastle Upon Tyne City Council C tax

We acknowledge receipt of your complaint and will conduct an investigation into your concerns.

 

We endeavour to respond to complaints within ten working days. However if this is not possible we will wrte to you and advise accordingly.

 

Whilst we take all complaints seriously and investigate them thoroughly, we will apply for costs in any case of a vexatious complaint involving court action.

 

yours sincerely

 

* ****

senior complaints officer

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we will apply for costs in any case of a vexatious complaint involving court action.

 

yours sincerely

 

* ****

senior complaints officer

 

That statement is its own right, is vexatious.

 

It seems that bailiffs are trying to tell complainants they can apply for costs in a failed claim.

 

Most claims for unlawful bailiffs fees Id expect be below the £5000 threshold, therefore qualify for Small Claims Track rules and they do not provide for costs to be awarded against a claimant. If a claimant loses, they only pay court fees and in rare cases, travel expenses at the prescribed allowance.

 

Just ask for your money back and you know how to do the rest.

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Whilst we take all complaints seriously and investigate them thoroughly, we will apply for costs in any case of a vexatious complaint involving court action.

 

yours sincerely

 

* ****

senior complaints officer

scare mongering, to hopefully ward you off complaining.

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I wont be put off and as it stands ive never mentioned court but seen as they have then maybe i should be considering action and compensation for both my injuries and the distress and upset it caused to both me and my 3 children my 8yr old still having nightmares

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