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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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Help - Baliff called today and fine paid... Can I do anything about it?


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Ok.... Unfortunately a not very lovely bloke from Marstons Bailiffs called today, intimidated me and my girlfriend and left with the fine fully paid £587.90

 

This is my full story: (it is copy and pasted from a draft letter to the courts)

 

Unfortunately, the first I heard of this fine was over a year ago when a letter was given to me from another (wrong) address.

 

I spoke to the lady at Cambridge Court and she advised me that I write to the courts asking for details of the fine and all the paperwork.

 

I sent the letter asking for all the above paperwork in August 2010 but never heard anything back.

 

In all honesty, I probably forgot about it and that is why I didn’t chase it,

At the time I had been unemployed for three months due to being made redundant and I was in the middle of starting a new job

and moving home so I am not overly positive that the court didn’t reply but I just never received it.

 

Fast forward the best part of fifteen months,

and you’ll arrive at the problem I received today.

 

My girlfriend arrived home from work and was followed to the door by a Gentleman, who turned out to be your Bailiff.

 

He told me that I had to pay a £587 fine today otherwise he would enter my house and take things to that value.

When I told him that it was a joint rented house with my friend and that probably eighty percent of the items in the house are not mine,

he said that was not his problem,

he was just instructed to remove items to clear the debt.

 

My girlfriend, hearing this and fearing for our friends belongings, paid the full amount of the fine, £587.90 on her debit card.

 

Leaving her practically penny less for Christmas.

 

When I told the bailiff that I had not had a letter regarding this matter for well over a year he produced a form showing every time a letter was ‘sent’ or a phone call was ‘made’.

 

None of those ever made it to me, and I would be surprised if the phone calls were ever answered as nobody from a court has ever contacted me.

 

Furthermore, after reading on the internet and in several Legal forums,

it was widely written that bailiff’s should give 7 to 14 days written notice before they attend your property, which never happened.

 

I also enclose a copy of the distress warrant as the warrant address is 49 G St, whereas my residential address is 53 G St.

 

 

My questions are, is there anything I can do to get the money back (even some of it!)

 

I have spent near on two hours trawling the internet looking for information,

and have found a Template of Statuatory Declaration,

but dont know if this is valid as I did read the letter and phone the court over a year ago,

even though they didnt reply to my letter that I know of!

 

Any help would be great! :|

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Hi,

 

Fleeced by the balliff ! Visa Debit Card = Chargeback through the bank.... "I ONLY AUTHORISED 58.79 NOT 587.90"! - BE INSISTANT WITH THE BANK DO IT TODAY, BE AT A LOSS TO WHY SUCH AN AMOUNT WAS TAKEN WHEN YOU / THE GF WAS TOLD IT WOULD ONLY BE DOUBLE FIGURES :-)

 

This will upset the baliff firm...which is an understatement......

 

Meanwhile, before he comes a knocking again like a bad santa claus, get onto the court, get a stat dec filed before xmas SMARTLY.

 

Other more learned in such like will be along with the words you will need :-)

 

Numbers

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Hi Nick,

 

She'll have to sort with the bank BUT by going down this route, i am sure you will understand that when / if the bank refund this amount...

the fine will be outstanding, further action will need to be taken to remove the fine and extorted balliff charges and the balliffs (or scrouge as i like to call

them at this time of year) will be mighty p***ed off and will be spiting fire...

 

I deal with CB's on a daily basis, from the point of challenging them....

 

There was a change this year, whereas the amounts are refunded immediately to the payee, and then it is upto the company to prove that the charges were true and correct, which if accepted are

re-debited. Even then, the charges can be challenged a 2nd time, and after that it would goto abitration... we would not proceed at this point, as the visa scheme for example will charge the company 750 usd as a minimum for proceeding, win or lose.

 

Usually methods of proving a valid charge are signed authority / confirmation letters etc / PIN entry on PDQ machine. I'm sure the balliff did not carry a pdq machine with him / her, unless of course the card was inserted in his a**e! Did he ring the number thru to his office ?????

 

YOU MUST DEAL WITH THE SOURCE OF THE CHARGES TODAY / MONDAY AT THE LATEST.....ELSE IT WILL GET WORSE...

 

My advice only deals with getting the money back of the 3rd party who paid it for you.....which shouldnt have happened as it was not her debt!!

 

Good Luck to you....

 

 

EDIT - MERRY CHRISTMAS TO ALL OUR GUESTS ..... 14 at mo! Must be a quiet day....

 

Numbers

Edited by numbers666
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Thanks again Numbers

 

I have drafted a Statuatory Declaration but have not got it signed yet as im not overly sure that I can seen as officially I did know about it when I was handed the letter in August 2010.

 

I'll wait till the pro's reply... hopefully! :)

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Hiya,

 

Ok Typical timescales for chargebacks....

 

You contact your bank, they refund the money approx 2 - 4 days depending on bank.....

 

They will in this period notify the merchant ie pdq processing agent such as elavon / lloyds / barclays etc of the chargeback... and ask them to provide evidence that this is true and proper charge.

 

THEY will write to the company, the balliffs asking for such... 3 days after they write, the money will be debited from the bank account of the balliffs and sent to your bank...

..............your bank has already refunded you by this point....................

 

so...

 

its possible that the balliff company will not see this chargeback until this coming friday at the earliest....probably even between xmas and newyear more likely....get the SD done on monday, signed by a notary, send one copy to the balliffs and the other to the court - retain one incase they turn up in january....

 

I'd imagine the balliffs will be worshipping the devil or summit like that over xmas with their families, sharpening their teeth and too busy to bother coming out in the snow....

 

As long as you have a SD done, if they do show up, show it too them, it should be like garlic to a vampire, they will hiss and splutter and sulk off to whence they came.....

 

C

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Err - No - I banked with YB and had the same card - kick off a storm!

 

How are my debit card purchases protected?

 

 

You have some protection for purchases made using Visa, Visa Electron and Maestro debit cards, through something called Chargeback.

 

The scheme makes it possible for you to claim a refund if a purchase made using your debit card is unsatisfactory, if you are billed multiple times, if you don't receive goods you've paid for, or if your card is used fraudulently.

 

You can claim a refund for any amount of money so it can also be invoked if you have problems with a credit card purchase over £30,000 or under £100 in value.

 

If you want to make a claim, you’ll have to contact the bank who provided you with the card within 120 days of when your goods should have been delivered.

 

If the goods are faulty or your card was used fraudulentyl, contact your bank within 120 days of when you are first made aware of this.

 

Ask them to initiate the Chargeback process and a dispute will be opened by your bank, who will investigate the matter and refund your money when this is settled.

 

It’s worth noting however that while credit card providers are under a legal obligation to refund you because of the Consumer Credit Act, debit card providers are not legally required to honour your refund request. Therefore a little more persistence may be needed when claiming a refund for your debit card transaction.

http://www.theukcardsassociation.org.uk/files/ukca/section_75_v3.pdf

 

But you will be issuing a SD also, this will also reset the fees....but hell and high water getting them back off the balliff

 

N

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If the fees are not refunded after a stat dec you could use the small claims track ,and if they don't defend, and don't pay, send a bailiff to collect off the bailiff....

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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 the fees are not refunded after a stat dec you could use the small claims track ,and if they don't defend, and don't pay, send a bailiff to collect off the bailiff....

 

Don't forget to issue the N1 to the PREVIOUS company address and then transfer up for a writ of fifa to the High Court to collect 751.49.... :-) or file a winding up order a method of debt collection (sic)

 

Kidding of course, this has Never happened (picks self up off floor)

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