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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here 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. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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WCC Council Tax Arrears - Bristow & Sutor attending doorstep!


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My partner - it's her car, been S.O.R.N for months now [No ta, no MOT, etc] but she has now moved the car due to this anyway.

 

this debt does not belong to your partner there is no joint liability for this debt as the debt was your debt before you met her

they cant levy her car for your debt

 

A letter of complaint should be sent asking them to remove the levy fee and any other fees associated with the levy (van fee that will defo be added to your account)send letters recored delivery to the revenues dep of your council and B&S I would also send it by e-mail

 

because the levy is unlawful the only fees that can be charged on this account are1st&2nd visit fees (as long as you don't let them into to your home)

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My partner - it's her car, been S.O.R.N for months now [No ta, no MOT, etc] but she has now moved the car due to this anyway.

 

this debt does not belong to your partner there is no joint liability for this debt as the debt was your debt before you met her

they cant levy her car for your debt

 

A letter of complaint should be sent asking them to remove the levy fee and any other fees associated with the levy (van fee that will defo be added to your account)send letters recored delivery to the revenues dep of your council and B&S I would also send it by e-mail

 

because the levy is unlawful the only fees that can be charged on this account are1st&2nd visit fees (as long as you don't let them into to your home)

 

 

HW - I totally agree with you, BUT i think the OP will get better results going via the CEO oof WCC than trying to pursue anything through the bailiffs.

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Brutor and Suitor as I call them, are a firm of Morons based in Worcesthire, they have recently started appearing around the country working for Councils mostly and have managed to secure Traffic and Council Tax contracts, hence the appearance on your property. are a very rude bunch of idiots who go around harassing people for money,( DEMANDING MONEY BY MENACE) which includes some big added on fees to the original debt.

 

I am a litigator and I have had complaints from clients of mine in Wiltshire who was prevented from taking her kids to school one as young as 4, by clamping her car. These idiots appeared on her doorstep at 7am , with four kids getting ready for school, her partner was a yellow bellied fool, and they harassed even when she was calling friends and relatives to scrape the money together to pay them. They shouted rude comments for all to hear, they banged on her door constantly until she opened it, refused to leave the property.

 

Unfortunately I could not attend to help her out as I was in Bristol with another client, and they are there as well, sending him nasty letters. I reply vert vitriolically, especially if they call my private home line, it's ex directory. These morons are nasty people , and we as a growing group of fighters on sites like this have to stand up and fight these nasty people and have the upper hand at all times. One of the things I compliment you for is "NOT TO LET THEM INSIDE THE HOUSE AT ANY TIME FOR ANY REASON" , even if they collapsed outside your house call them a taxi or the ambulance.

 

I then made a complaint on behalf of my client and all I got was text message back stating that they had received a complaint.

 

The other thing that is annoying is that the "so called" Governing bodies " DO NOT WANT TO KNOW". So I think that there must be some collusion between these so called governing bodies as the firms are built around thugs, who harass VULNERABLE PEOPLE.

 

 

There is a Law based on a decision set in the High Court , and it is the Law of Tort. It is quoted on this website, and I use it in letters. basically it tells anyone you wish not to harass you by visiting/ calling/ writing letters etc WITHOUT YOUR PERMISSION, and revokes the permission to come on your property . It is given to people like the postman, milkman etc, people who want to have, and the ones you wish not to have, you use this law, and they have to abide by it.

 

I am buying a book offered here online as I want the information against these idiots so I can fight them on behalf of my clients.

 

I hope that I have helped you in someway to sort the problem.

Edited by darkandverystormy
typing mistakes and a few more points to leave.
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Bruter and Suitor are a firm of Morons based in Worcesthire, they have recently started appearing around the country working for Councils mostly and have managed to secure Traffic and Council Tax contracts, hence the appearance on your property. as I call them are a very rude bunch of idiots who go around harassing people for money,9 DEMANDING MONEY BY MENACE) which includes some big added on fees to the original debt. I am a litigator and I have had complaints from a client of mine in Wiltshire who was prevented from taking her kids to school one as young as 4 because these idiots appeared on her doorstep at &am , with four kids getting ready for school, her partner was a yellow bellied fool, and they harassed even when she was calling friends and relatives to scrape the money together to pay them.

 

I then made a complaint on behalf of my client and all I got was text message back stating that they had received a complaint.

 

The other thing that is annoying is that the "so called" Governing bodies " DO NOT WANT TO KNOW". So I think that there must be some collusion between these so called governing bodies as the firms are built around thugs, who harass VULNERABLE PEOPLE.

 

 

There is a Law based on a decision set in the High Court , and it is the Law of Tort. It is quoted on this website, and I use it in letters. basically it tells anyone you wish not to harass you by visiting/ calling/ writing letters etc WITHOUT YOUR PERMISSION, and revokes the permission to come on your property . It is given to people like the postman, milkman etc, people who want to have, and the ones you wish not to have, you use this law, and they have to abide by it.

 

I am buying a book offered here online as I want the information against these idiots so I can fight them on behalf of my clients.

 

I hope that I have helped you in someway to sort the problem.

 

That's an interesting post. I thought the rule of tort you refer to just worked as tort of trespass, but from what you say it goes a lot further than this. I'll look it up, thank you!

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Hi MT,

Thanks for your responses.

 

I would advise that you contatct Trish Haines, the Chief Executive of WCC at [email protected] (link showing as worcesters hire on my computer, but if you click it, it does come out right) and tell her exactly what's been going on, how distraught your children were, especially after the trauma of being moved to emergency accommodation etc... and remind her that the council are vicariously liable with the bailiffs. Ask under the circumstances, and given that you are paying the council direct, if they would please consider recalling the debt and call off the bailiffs as it is causinge extreme distress to you and your children.

 

Normally when you e-mail the CEO you get some kind of response VERY quickly, so give them 2 days maximum, and if they haven't responded send another one with a copy of this one, and stating how disappointed you are that nothing has happened. Hopefully that will be unnecessary.

 

Let us know what happens.

 

T

 

Email sent, reply received:

 

Dear Mr ******

Thank you for your e-mail addressed to the Trish Haines, Chief Executive of Worcestershire County Council.

However Council Taxes are dealt with by Worcester City Council and I have therefore forwarded your e-mail on for attention.

Julie Descher

PA to the Chief Executive

Worcestershire County Council

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TAKE VERY CAREFUL NOTE OF THIS WARNING :

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge and never ever will acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I wrote to the company on several occasions explaining that I had no wish to pay towards a debt that was been perused by your company

 

4. I am now of the view that your actions are of pure harassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection.

 

5. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying. I am informing you once again, that even if the debt were mine, I will not pay it, and will not reply to any FURTHER communications in anyway shape or form.

 

6. I am sure you are also aware of the provisions of the Protection from Harassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being unreasonable.

 

7. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at

Para: 2.12d (entering a property when not invited),

Para: 2.12e (failure to leave a property when asked to do so) and

Para: 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

 

8. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396).

 

As such, I am notifying you that I do not, and will never ever give consent to you or your agents etc or employees to enter on to my property.

 

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointments.

 

Any person who visits my property in relation to this alleged debt shall be immediately evicted forcibly, using whatever method is reasonable and necessary and available, and I shall have no fear of defending my property in whatever way I see fit.

 

Furthermore, damages shall be sought under the Tort of Trespass.

 

I trust the above is perfectly clear and I now expect you to stop all contact with me in any way shape or form.

 

I hope this letter makes my position COMPLETELY clear, as I will not reply to any further correspondence from yours or any other company through whom you may try to correspond with me, including trying to enforce judgements through a county court which will cost them £60.00 before anything further is actioned, and they will not do it incase they loose, which that is a high chance of it happening.

 

Hope that helps Tingy.

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She is the CEO's PA - just phoned them to make sure it's the right prson!

 

If you get no joy, send the letter above.

 

Must get my eyes tested thought that said ............. the right prison!

 

PT

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Fraid to say that bailiffs can not be deemed as trespassers

The Council Tax (Administration and Enforcement) Regulations 1992, section 43 (subsection 7)

(7) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.

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