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    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • 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 Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  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 xxxxxx. 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)     The 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 First 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.  At 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.  
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Secretly filmed baillif officer - shocking behaviour


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Is there any history of bailliffs still coming and taking goods once a payment plan has been set up by the council? the help line merely saying it's unlikely but not impossible is worrying and the fact that bristow & sutor have it in for us doesn't bode well.

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Is there any history of bailliffs still coming and taking goods once a payment plan has been set up by the council? the help line merely saying it's unlikely but not impossible is worrying and the fact that bristow & sutor have it in for us doesn't bode well.

 

There is a good chance they will go out of their way to be obstructive and make you default on any payments, examples are:

not sending you details of how to pay

not sending you details of when to pay

making payments days weekends and bank holidays

the length of time any payment takes to reach their account.

General consensus is to pay at least 7 days before any payment is due. Chase them up for any info you do not enough, each time you do this copy the Council in and ask they put it on your record for advice only.

 

To force entry for any valid levy following peaceful entry the Bailiff has to:

gain the permission of the Authority AND if they agree

get a Court Order from the Magistrates - very rarely given - AND if that is agreed

must write to you giving you a date and time of attendance.

As you will be paying none of that above will stand any test that you are wilfully refusing to pay.

 

If you really want to p*** them off big style totally ignore them and pay the Council direct either online or via their automated phone line. Even though they have tricked their way in and can say they have had peaceful entry does not permit them just to turn up and demand entry, if they do there is an Anglo Saxon expression that comes to mind. Mind I suspect after their last performance they may be a little more circumspect next time.

 

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"my girlfriend is incredibly worried that they will still force there way into the property, as they legally have the right to now since I let the woman in yesterday"

No she cannot force her way in even with a levy, as to attend to remove goods she must give you notice in writing of a date and time. abd the council MUST give her permission and if they take your complaint seriously she is cruising between Jack and some doggie doo, and Jack has left town.

 

She cannot just bring locksmiths, Godzilla, The Hammer Of Thor, to break down the door, send you to jail, or anything else, especially as you will be paying the amount agreed to the council directly to them using their online payment system, and printing off the receipts.

 

If she is stupid enough to return, and the council don't sort her, you film her again and post it to youtube and send copies with another Formal Complaint to CEO MP and the others.

We could do with some help from you.

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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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If you post up what she has levied the levy can be checked to see if she has "accidentally" levied on exempt items, therefore nullifying it.

We could do with some help from you.

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Hi, sorry for lack of updates - am really busy at the moment but will be dealing with it as comprehensively as I can over the weekend. All the sympathy, suggestions and advice given to me on here have made this whole thing so much easier to deal with. I think together with the hard evidence we can make sure things like this don't happen again - at the very least from this individual bailliff. I'm so glad I recorded it!

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  • 2 weeks later...

A word of caution in this. Be careful how widely you allow copies of those videos to go. If I were you I'd recall as many as possible.

 

They are seriously strong, incontrovertable evidence which could well lead to her dismissal. However, plastering them all over You Tube and Facebook will serve only to hinder your case and give her several avenues to pursue at getting back at you. Have you checked the law on filming people and publishing it to third parties without their consent? You need to be careful.

 

I'm not trying to be a killjoy. I'm trying to bring a voice of reason to a rather sensationalist thread. Use the film to get justice at the right time and in the right place, otherwise keep it to yourselves.

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having done a bit of reading myself on the above, i would strongly suggest you get advise regarding this, as from the few bits i managed to read it seemed to suggest it was illegal to film someone, even if on your own property unless warning was given, i.e a sign on your house saying that cameras were in use.

 

Like i said i only read this on a few goolged links but i would definately seek legal advice as you dont want to land yourself in court for publishing videos without consent.

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having done a bit of reading myself on the above, i would strongly suggest you get advise regarding this, as from the few bits i managed to read it seemed to suggest it was illegal to film someone, even if on your own property unless warning was given, i.e a sign on your house saying that cameras were in use.

 

Like i said i only read this on a few goolged links but i would definately seek legal advice as you dont want to land yourself in court for publishing videos without consent.

 

i think a lot of companies would be in court if that was true. and a lot of videos removed from youtube.

:???: what me. never heard of you never had a debt with you.
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having done a bit of reading myself on the above, i would strongly suggest you get advise regarding this, as from the few bits i managed to read it seemed to suggest it was illegal to film someone, even if on your own property unless warning was given, i.e a sign on your house saying that cameras were in use.

 

Like i said i only read this on a few goolged links but i would definately seek legal advice as you dont want to land yourself in court for publishing videos without consent.

 

 

This is entirely incorrect and has been covered on many other sites. You do not have to notify anyone of CCTV or videoing on your own property.

 

This lump needs to be put firmly back in her box before she attempts to dominate other people "she doesn't like"

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may well be incorrect :)

According to the Data Protection Act, section 36, there is an exemption. This section states that if the recording is made inside the data controller’s (person making the recording) own home then the person making the recording is entitled to do so. The person making the recording also does not need to inform those that he or she is recording the meeting or the fact that they are actually being recorded. The person making the recording also does not have to give a copy to those recorded if they were to request a copy.

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Totally agree with the above regarding the DPA, but have you also read what it says about its distribution to third parties? This is the bit I was cautioning about, hopefully totally in the protective interests of the OP.

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Dr Chris Pounder, a data protection specialist at Pinsent Masons, the law firm behind OUT-LAW.COM, said that the DPA has an exemption in section 36 that applies when recordings like this are used for domestic purposes. This exemption excludes all of the data protection principles and rights, and applies, for example, when parents take their video cameras to record their children's performance in a school play.

But, he said, as soon as the recording was published online it is ineligible for the "'domestic purposes" exemption because of the European Court of Justice (ECJ) ruling in a case involving Mrs Bodil Lindqvist in Sweden.

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So unless I'm misreading it, this reinforces exactly what I said. For personal use it is fine, but once distributed to a third party those exemption rights are forfeited and the OP has acted other than in accordance with the law.

 

I despise bailiffs with a passion and just wish I'd picked up on this thread earlier. However, while the bailiff is definitely in the wrong, she could also counter sue for a serious breach of the DPA, especially if it is now on You Tube and Facebook, hence my original suggestion last night to try to recall it asap.

Edited by Tingy
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Op can pull it from youtube quite easily

We could do with some help from you.

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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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nothing illegal about filming a crime ,and putting it on national tv if you wished. the person being filmed loses there rights. roughe traders,crime watch, police camera action etc, this ***** needs showing for what she is.

Edited by silverfox1961
please refrain from personal insults
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Would you like to give a link to the relevant legislation for the above? Once in the hands of the police then things may well change. What crime do you believe the bailiff has committed? She has certainly gone against a Code of Conduct, but that is not a crime.

 

All I'm trying to do is protect the OP and give them the best chance possible of achieving justice with this evidence.

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Would you like to give a link to the relevant legislation for the above? Once in the hands of the police then things may well change. What crime do you believe the bailiff has committed? She has certainly gone against a Code of Conduct, but that is not a crime.

 

All I'm trying to do is protect the OP and give them the best chance possible of achieving justice with this evidence.

 

If it isn't a crime, but a breach of guidelines the bailiff and the company will be subjected to much public odium and unwanted attention from the likes of MP's Watchdog, and others regarding their activities, if they make a big fuss and start action to pull the videos down imho. It is difficult to apply the lindvquist ECJ judgment with certainty here, imho as it is in regard to a child protection case, but if the bailiff company tried litigation, a "Public interest" based justification may well be an adequate defence, as the behaviour in itself is indefensible.

 

BUT I am with you on gaining the right and best resolution to this sorry situation for the OP, as the bailiff is way out of order, and would likely become a victim herself if she called on the "wrong person" and acted in that manner.

 

I think it is obvious that the behaviour shown is probably her usual "modus operandi" and she tries to intimidate and bully people who may be vulnerable into paying more than they can afford, even to the level of taking all the money needed to buy food fuel and essentials.

We could do with some help from you.

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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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I'm totally with you there brassnecked. In my personal opinion, acting in what I believe to be the best interests of the OP, the clips should be taken down for now until they have pursued a complaint through the correct channels. After this, then by all means broadcast them publicly, but in the knowledge that you may (or may not) be asked to account for doing so at a later date.

 

The strength of this evidence is such that it should be handled with care. To my mind this means taking care an acting quickly on what is there, and taking care how it is published. While it is wrong to share it with a third party, I believe the offence of publishing to an indeterminable audience is much more serious. If you notice in the papers, it is never the person who leaks the information who is punished, it is the publisher of that information. The same would apply here to my mind.

Edited by Tingy
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Yes Tingy, I think looking at how a case against the bailiff may develop, including at some stage the certificating court calling her to account, the videos should be pulled until any use of them as evidence in any investigation is complete. Even though there is nothing libellous or defamatory to character as the actions speak for themselves, their possible usage as prima facie evidence of wrongdoing means a temporary takedown for now.

We could do with some help from you.

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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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