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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.

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Hi, I havent posted in a while but will start with saying, i was in alot of debt and had various bailiffs visits, but i have been working hard on paying them off and they were all cleared in the last month apart from this one.

 

The only debt remaining was an unpaid council tax bill of £170. Bailiffs are bristow & sutor, i sent them a letter last month via recorded delivery stating (used a template letter) that i was a vulnerable person and a payment and offer to pay the debt off via monthly direct debit. Previous to this I have had two visits by bailiffs who were actually very reasonable and told me to contact head office (which i did)

 

Well at 7pm this evening, there was a very loud knock at my window...a rather erm well, a woman (i think) saying she was from b&s (bull &**** possibly??) and that i owed £380 and if they were here to seize my car (apparently it already had a levy on it but i have no paperwork for this) i dont know what the need for the van was as she had no intention of coming into the house, she said she was there to seize the car and that if i didnt pay the full amount in 5 minutes then they would call for recovery and add another £170 on.

 

At that point i said im sorry but i have a disabled son and its not a case of wanting my car, but i NEED it, i offered to pay an amount off it until i could gather the funds but she said no way is that a possibility.

I think it was when i said i had a disabled child and she came out with "i dont care who's f***ing disabled" I then got a bit arsey and went to sit in my car and told her she is not taking it.

 

Well she then said "its just gone up to £550, you have 5 minutes to get someone to pay it before i call recovery at £170 and for every half an hour we are here you get an extra £50 added on"

 

To cut a long story short, a family member has paid it over the phone (with them only mentioning the 4% charge AFTER accepting payment!)

 

So ok, thats another debt paid off, but surely they cannot do this, im so upset/angry and embarassed about this. And it has also landed me in a huge financial mess (have to pay family member back on fri)

 

Oh one last thing...she gave me a receipt for payment, but i asked for info on the charges and why they were charged and she refused to tell me or give me any paperwork- just told me to ring head office.

 

Thankyou in advance.

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£550

 

 

no way even with a levy this debt cant be £550

 

is the car

on HP/finance/mobility

what did you write in your letter to B&S did you send a copy to the council what date did you send it (did you keep a copy of it)

 

I take it you didn't receive a reply

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Get this sent off ASAP. Adapt to your own needs and send initially by email tonight and a copy in the post tomorro.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

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Sent by recorded delivery and a copy sent to the council too.

 

It basically was the template from this site i think, it read along the lines of "I write further to your visit....i confirm i am classed as a vulnerable person for the purposes of civil enforcement agents directives...etc etc."

 

She said the debt was £380 when she first arrived...it seems because i annoyed her she then put it up to £550 in a matter of 5 minutes. Is there any way she could possibly do this? I pleaded with her to take the original £380 (even reduced to tears) but she would not budge.

 

Oh and she also said she would have the police come and remove me from my vehicle if i didnt get out (my OH is a police officer but unable to get hold of him at the mo as he's working, to find out whether this is true or not)

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Get this sent off ASAP. Adapt to your own needs and send initially by email tonight and a copy in the post tomorro.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

 

Thankyou, i will do.

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Just a quick question your car is it tax as a disabled vechile?

 

My understanding is baliffs can not takes cars or property that you do not own. So if the debt is your and the car ownd by HP / loan or another person or lease hold (such as motability) they cant touch it. I also belive that the registered keeper and the owner do not need to be the same thing. So if i own the car and my other half uses it most it maybe registered in there name, they are olnly the keeper not owner.

 

I also belive that if its taxed as deisabled it cant be towed, clamped or taken by a baillif without a court order? Not sure how correct that is ... can any one clarifiy?

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Its not a motability car, its my own, its also an old banger so they would not have got much at auction!...i dont know anything about disabled tax...its in my name, but i use it mainly to get my disabled son around as he cant travel on public transport.

 

I am now pretty much debt free, but i feel they have taken double the amount they should have.

 

Would they need to have put a levy on my car at a previous visit? (thats what she said) but i have no paperwork supporting this (recieved a letter through the door - well- stuck to the outside of my door not even in an envelope a while back but nothing about a levy)

Is there a governing body i can complain to? ... i want my money back that i was overcharged!!

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Qwerty, I'm so so sorry but you weren't overcharged at all. You were damned well conned! The one 'good' thing is this debt is paid. Cool. That means you have all the time in the world to deal with this. Please take your time, believe me, you have so much on your side! I would like to help and any help I offer is alongside what others suggest. Can you tell me about your disabled son? What's wrong? How old is he? Does he get DLA? Or ESA? Or both? If you feel some information may be too personal for a public forum then please PM me as this is important info. Also, do you have a Blue Badge?

What you will need to do is compile a pretty damning Formal Complaint to the CEO of the Council and, from what I have read thus far, you have pretty good ammo.

My personal view, and I appreciate others may differ, I don't like 'template letters'. I think their day has gone. Can you imagine how many copies of the same letter a bailiff or council must receive? Probably with the unhelpfull view of 'oh, here's another one pulled from the internet'. I think you need to heavily re-write them in your own style.

If you bear with me - I have an ESA Tribunal on Thursday that I'm trying to brush up for - I'd happily write you a letter to adapt. If, for some reason, this thread slips passed me then do not hesitate to PM me and draw my attention back. I reply to a lot of threads and it's often difficult to keep track of where I've wanted to help!

Best wishes

Rae

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Hi, thanks for the reply. My son is severely autistic and suffers from hypermobility, he gets DLA at the highest rate care and we are currently appealing the mobility component. I dont have a blue badge at the moment.

thanks

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I have just spoken to the council that the laibility order was from. I was slightly wrong about the original debt...the liability order was for £224.

I have also emailed B&S asking them for a breakdown of fees charged. In the meantime i looked online at my account with them and it is showing i paid £50 in october and a further £21 in march, which would take the original balance down to £153. Meaning that they have charged me £397 in bailiff fees.

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Meaning that they have charged me £397

 

1st visit fee £24.50

2nd visit fee £18

 

levy fee £29.50

van fee approx £150

total bailiff fees £220

 

Although they came in a van they had no intention of using it to seize my goods from my house...i offered her the chance to come in and take belongings from inside the house but she declined...said they were specifically here to take the car. She also said that to call for the recovery of the car would be an extra £170 for the tow truck.

 

So what was the van needed for??

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Although they came in a van they had no intention of using it to seize my goods from my house...i offered her the chance to come in and take belongings from inside the house but she declined...said they were specifically here to take the car. She also said that to call for the recovery of the car would be an extra £170 for the tow truck.

 

So what was the van needed for??

 

 

you will find when you receive a reply to your breakdown of fees that a van will have been charged a week or two after the alleged levy took place

 

once a van/attendance to remove fee has been added there can be no other fees unless goods are removed

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you will find when you receive a reply to your breakdown of fees that a van will have been charged a week or two after the alleged levy took place

 

once a van/attendance to remove fee has been added there can be no other fees unless goods are removed

Ok, so just to be clear the only amount they are allowed to charge is what you said in an earlier post...

1st visit fee £24.50

2nd visit fee £18

 

levy fee £29.50

van fee approx £150

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Ok, so just to be clear the only amount they are allowed to charge is what you said in an earlier post...

1st visit fee £24.50

2nd visit fee £18

 

levy fee £29.50

van fee approx £150

 

yes legislation does not allow for further fees to be charged unless goods are removed

 

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

 

 

Make a freedom of information request to your council (you can do this on line through the council web site)ask them for a copy of there service level agreement /code of conduct between them and rossendales for the enforcement of council tax

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hi just catching up on your thread

 

If you get DLA for mobility at the highest rate you are entittled to free road tax which changes you cars tax class to 'disabled' .

 

This is what I was hinting at ealier in post # 10. You also qualify for a blue badge.

 

If you have both a disabled tax classed vhecle then a baliff can't take it, is my understanding ... can any one confirm?

Edited by morsy
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hi just catching up on your thread

 

If you get DLA for mobility at the higest rate you are entitkled to free road tax which changes you cars tax class to 'disabled' .

 

This is what I was hinting at ealier in post # 10. You also qualify for a blue badge.

 

If you have both a disabled tax classed vhecle then a baliff can't take it, is my understanding ... can any one confirm?

If I read correctly the OP only gets care component, however the household is classed as vulnerable so the bailiff should back off and the council should in hindsight take the debt back.

As for mobility cars, no they cannot take them. I am almost 100% sure that they cannot take cars that are taxed as disabled.

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hi just catching up on your thread

 

If you get DLA for mobility at the higest rate you are entitkled to free road tax which changes you cars tax class to 'disabled' .

 

This is what I was hinting at ealier in post # 10. You also qualify for a blue badge.

 

If you have both a disabled tax classed vhecle then a baliff can't take it, is my understanding ... can any one confirm?

 

I think as long as the car is on the Motability scheme, either leased or being bought on HP through the scheme, then the bailiff cannot take it, if it is owned outright even with a disabled zero rate tax disc, which means it is in the disabled taxation class,I think they would be able to levy, technically, but in practice the adverse publicity that may well result if the press got wind of it, and a complaint to the council CEO, Councillors and MP, regarding the bailiff, their agent who the council are joint and severally liable with for their actions, would not go down well. if they are exposed ignoring obvious vulnerability. Others may know more but contacting the council stressing the vulnerability of one member makes the whole family vulnerable would be a good option

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