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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • 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  
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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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I originally posted this on the parking fine thread but someone suggested maybe posting here...

 

I sold a car several months ago and a few days later the new owners committed a parking contravention. First I heard of this was when a bailifflink3.gif called and said that i we didnt pay the fine, he would return with a locksmith and remove our goods. My wife was terrified and intimidated, so paid up, about £400, and the bailifflink3.gif then said that as we claimed to be innocent, and all we had to do was file a stat dec and we would be refunded the money in about two weeks.

We did as we were told, went to court, explained we had paid and we were innocent - even showed the dvla proof we had to show we were not the owners therfore could not have commited the offence and that went through ok.. we then had a letter from TEC saying they had sent the revoking order to the council but they did not respond to the forms in the given time.

I am now in the process od communicating with Hounslow council and they are refusing to repay the money at all...They told me to take it up with the new vehicle owners as they refuse to refund me.. Is there anything i can do here? I know we should not have paid but the bailifflink3.gif threatened our stuff so I felt we had no choice.. Is there anything I can do to get my money back? why should I have to pay the fine for a stranger in a car I had sold!.. Please help...

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The bailiff threatened an illegal action, he could not come back with locksmiths, and you don't have to let a bailiff in. He did this to make you pay under false pretences as you were no longer responsible for the car. Fraud to anyone else but not for bailiffs according to the police, they would say sorry mate it's civil. He doesn't care who pays wrongfully as all he wants are his fees, he would get next doors cat to pay up if it had the money.

 

Formal Complaint to Head of parking, and copy it to the elected leader and CEO, also your MP and councillor imho.

 

Other Caggers will know more

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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Thank you for that.. So you think I should go after the Bailiffs as opposed to the council? when I rang the bailiff they said that they would refund the money once the council got in touch with them and ordered them to revoke it, which is what I thought the stat dec did..

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The Council employed the Bailiff as their contractor/agent. Therefore the Council remain responsible for their actions. It is up to the Council to reimburse you and for them to chase the Bailiff. If you get stuck issue an N1 in the County Court and name both Council & Bailiff's as Co-Defendants.

 

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This is a copy of the email I recieved from the council today...

 

 

We have noted your comments; however, the revoking order is only applicable for an unpaid penalty charge notice. Our records show that you made payment and then filed the out of time witness statement and therefore it is not valid as the Local Authority does not consider the witness statement valid. There are no provisions made in the Traffic Management Act which permits you to contest a PCN after payment has been made.

I appreciate this may not be the response you were expecting; the Local Authority are required to follow the regulations in accordance to the Traffic Management Act 2004.

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Tell the council that you didn't own the car at the time of the PCN and DVLA had the docs, explain to them that the bailiff acted fraudulently by pushing you for payment of a PCN that was nothing whatsoever to do with you, and that as they are liable for the bailiffs "criminal act" which was tantamount to demanding money with menaces, as he was acting as your agent, they will be named as co defendants on the N1 as suggested by ploddertom.

 

What they are saying is that as you have paid a PCN on a car you don't own you should suck it up and stand the loss

 

Others should know more

We could do with some help from you.

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The response from the local authority is INCORRECT !!

 

However, I am somewhat confused.

 

Did you advise DVLA when you sold the car?

 

When the contravention took place, the local authority would have applied to DVLA for keeper info and the Notice to Owner, Charge Certificate and Order for Recovery would have been sent to THAT person registered with DVLA. If payment is not forthcoming a warrant is then issued and this will again be sent to the person in whose name the car was registered on the date of contravention.

 

If the new Keeper details were not updated quickly enough, then you would have received all statutory notices and if so, did you ignore them all?

 

A valid Stat Dec will REVOKE the warrant and you would be entitled to be put back in the same position that you were in BEFORE a bailiff visit. The LA are wholly responsible for refunding you the bailiff fees and the amount of the PCN. They MUST do this.

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We did advise the DVLA immediatley, and sent off the V5 the day the car changed hands. I have evidence from the DVLA which shows the v5 andthe date that it was sold which Is why we thought it would be a very straightforward case and would be refunded swiftly, which is what the bailiff kept telling my wife... I cant undertsand why it was me that recieved the warrant as I did everything correctly. Even had a receipt for the sale of the car but the magistrate was only interested in teh DVLA evidence which is why he approved my sta dec i suppose..

 

Not sure if this helps but this is the first email I had from the council....

 

Thank you for your e-mail.

We have noted your comments, however unfortunately the Witness Statement and Revoking Order to which you make reference only relate to unpaid penalty charge notices. As payment of the outstanding amount was made prior to the Witness Statement and Revoking Order being issued they do not apply to the case.

Please be advised several notices were issued by the London Borough of Hounslow to the address which was registered with the DVLA prior to the case being handed to Collect Services Limited. It was your responsibility to ensure the details held by the DVLA were up to date and that either a mail redirection service was set up or that you collected your mail from your old address on a regular basis.

Unfortunately as payment has been made, the case is considered paid and closed. A refund therefore will not be issued in this instance. The London Borough of Hounslow can only suggest that you take the issue up with the person you sold the vehicle to separately.

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This is REALLY confusing.

 

Now, what you need to do is to contact the Traffic Enforcment Centre and ask them to CONFIRM the precise address that they have for this warrant. If the address is your you eed to ask them whether they have any PREVIOUS address listed. You will need the PCN number when you call them. Please post back when you have called TEC.

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Looks like they should refund then, was the warrant issued to your new address or was it still for the old address, and the bailiff had traced you and relied on a potentially void warrant?

 

Tomtubby is the expert on this one imho, so stick with her advice

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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Hi thanks ,

I am looking at the yellow slip now part of our file , and it even has our previous address on it, then it has the previous address scribbled out and our current address written on the slip, he said he tracked us down. Trust me you CANT get through to Hounslow via phone as they ave so many complaints it all automated, I have just emailed , bear in mind they are slow n rubbish so reply will be by next week, I wonder what else I can do Ill just bombard them with emails you see ! as they dont reply when you send them just one email I have to keep numbering them as part of bombardment and CC myself for copies, please let me know , we have our file at the moment so please feel free to ask us whatever , also note I have been court and had to pay £25 for the revoke to go through had to swear oathes etc.. took all morning out of my working day, many thanks again people , thanks alot for info thus far.

;)

 

we have the dvla copy of V% and their confirmation letter stating the new keeper aquired vehicle on 15th JUNE 2010

we have the yellow contravention from bailif it says the contravention date is 18th JUNE2010 , and date of ticket and money handover is 5th April 2011

I dont know how quick dvla change details over (within days /mins / hours) but the parking via new owners happened 2 daysafter and any previou info would definetly have gone to previous address.

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"am looking at the yellow slip now part of our file , and it even has our previous address on it, then it has the previous address scribbled out and our current address written on the slip, he said he tracked us down."

 

I think, and others will know more that the bailiff was naughty here as the warrant has to be OFFICIALLY reissued to the new address, and he cannot enforce on the original, with a new address scribbled in.

 

Formal Complaint time, whatever the outcome imho, but tomtubby will have the best advice here

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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Now you have the evidence it may be worth informing the police that a bailiff fraudulently extorted money from you for a PCN that wasn't yours on pain of taking goods, and you paid up under duress, and try to get a crime number. they may turn round and say it is civil, but maybe as you have proof of change of ownership they may change the habit of a lifetime and do something.

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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Do you think it may be best to contact the bailiff first, and tell them we plan to do that, or jut go ahead and try? I cant see the police being interested to be honest and as we dont have any witnesses, it would be my wifes word against the bailiff...

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I wouldn't contact the bailiff, as he gave you the bum steer and frightened her into paying him, perhaps a Formal Complaint to the council CEO is one course of action, to take with tomtubby's suggestions the main thrust

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

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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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Ok got the email at last here goes:

the dvla confirmation letter stating the new keeper aquired vehicle was on 15th JUNE 2010

the contravention from bailif it says the contravention date is 18th JUNE2010

AND the email from Hounslow is :>>

Thank you for your email.

The initial DVLA enquiry was carried out on the 21st of June 2010 and the response was received on the 22nd of June.

Regards,

Parking Services

Business Support Officer

Environment Department - Parking Services

t 020 8583 6666

f 020 8583 4889

e [email protected]

w www.hounslow.gov.uk

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Hi Tomtubby here is what we have got from Hounslow council today:

 

Ok got the email at last here goes:

the dvla confirmation letter stating the new keeper aquired vehicle was on 15th JUNE 2010

the contravention from bailif it says the contravention date is 18th JUNE2010

AND the email from Hounslow is :>>

Thank you for your email.

The initial DVLA enquiry was carried out on the 21st of June 2010 and the response was received on the 22nd of June.

Regards,

Parking Services

Business Support Officer

Environment Department -Parking Services

t 020 8583 6666

f 020 8583 4889

e [email protected]

w www.hounslow.gov.uk

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