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    • 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  
    • 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.
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scared over 3rd tv licence court summons


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Hi all,

 

I am new here, and I have came here because I dont know where else to turn.

 

I have recieved my 3rd court summons in roughly 6 years over non payment of tv licence. One of their officers visited my home in October 2011.

Attached to the summons is the piece of paper that the guy got me to sign with all the details etc. I didnt let him into my house, so he didnt see the tv. I am quite sure I told him I didnt currently have the tv switched on, but it says on the notes that 'I was using it'.

Anyway, before he left, he gave me a paypoint card to pay that way. I have done ever since.

 

Now I am absolutely terrified that I will goto jail over this. When I received my first summons, I sent it back by post. No action was taken against me. The second one, I also sent back by post, and I received a £190 fine - which I paid over a few weeks.

I have sent this third one back, pleading guilty to it, and I have explained my circumstances as to why I didnt pay for the periods May-October. This is due to the fact that I have been suffering with depression/anxiety since August 2010 after the birth of my 4th child. Since then, I have had loads of other stuff going on which has made my depression worse. I also have alopecia due to stress, and now this summons has just made me feel even worse.

I also explained that I have been on anti-depressant medication since October. I have apologised for the fact that my mental state has not been 100% and that now I am on the medication I am able to put the important aspects of my life into perspective.

 

I am so so scared about this. It is making me feel sick with worry, and im just starting to feel slightly better because of the meds im on.

 

I even rang the tv licensing and they put me through to a different department who deals specifically with court summons. The woman at the other end told me that they cannot stop the court case. I asked her could I pay the amounts I missed from May-October (something I also asked in my plea form), but she never answered me and went on to tell me that she had never heard of anyone going to prison for non payment of tv licence, she said you only goto prison for non payment of tv licensing fines. I am still not convinced and I just feel so sick and ill because of this.

 

Can anybody please help me with this? I am so scared they will put me in prison. I am a 30 year old mother of 4 children aged between 8years and 16 months. My partner lives with me, and we are currently in receipt of benefits. I cant bear the thought of being put in prison for this and having to leave my children. I dont go out anywhere now because of the alopecia I am suffering, which is why I will not be attending the court case.

 

All help is greatly appreciated, and thanks for taking the time to read this.

Hope to hear some feedback soon.

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you can not be jailed for having no TV licence however you can be jailed for not paying the fine (which you have paid previously) I would to put your mind at rest take a visit to local CAB and see what they say, you may have a defence here (others on here are very experienced in this matter). But for the offence of not owning a licence you cant be sent to prison, I would suspect you would have to be willfully refusing to pay fines etc for prison to be considered.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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Hi Padja,

 

Thankyou for your reply :)

 

I have been doing a lot of 'googling' on this subject, but I cant seem to find anyone who has had 3 court summons before. I have also read that they do only imprison you for non payment of fines - and I did pay the fine that I got from them a few years back.

I think my biggest worry is that because its my 3rd one. I just think that they will think im taking the mick, and send me to jail. I do hold a license now, and I pay weekly and have done since I was issued it in October 11.

I really cant cope with it, I couldnt sleep last night because of the stress of it all!

 

Thanks again for your reply :)

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These days, if you have kids you will pretty much have to murder someone before you are sent to jail - I have sene multipel exampels in my local news i nthe last few weeks of people defrauding companies/councils out of £20,000+ and still not being sent to jail.

 

So you can be rest assured you won't be going to jail.

 

You will probably just get a large fine - just make sure you pay it.

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Hi,

 

Thanks for your reply. I know what your saying about people not going to jail for fraud etc. But what my concern is, is that they are going to think im just laughing at them because its the 3rd time. If I do receive a fine I will most definately pay it - regardless of the amount! I dont care, as long as I dont goto jail!!

 

Thanks again.

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I have spoken to a magistrate friend she confirmed no prison sentence regardless of previous conduct (if all fines where paid) but you may get a much larger fine this time as a deterrent to appear before them again. and Remember you still have to get a TV licence. also the TV Gestapo will be calling again as your address is now on their hitlist.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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For future reference, dont sign anything, you are perfectly entitled to just ask him/her to leave.

 

No-one is ever in court for no TV Licence without either

 

a) Signing 'something', which usually turns out to be an admission, although you are not told this at the time.

 

b) You invite the TV Licence guy in and he sees evidence of live TV watching/recording

 

c) A Court issues a warrant to enter your premises (extremely rare) and as in b), eveidence is found.

 

Andy

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Hi Andy,

 

Thanks for your post.

What is an admission?

 

An admission of guilt, the tv licence forms do say something along the lines of "I admit I was watching tv without a licence" signed xxx, this would/could be used against you in court, TV Licencing arnt supid enough to start a court claim without an admission or evidence, hence my original post, prob best not to sign anything, you dont have to sign anything, chat with them or let them in but they like to imply otherwise.

 

Andy

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Hi,

 

Thanks for responding. I see what you mean now. I did sign the form that the man at the door had, and I have signed the court summons plea form, ticking the guilty box. I had no other choice, and I didn't want to make matters worse by lying.

 

Even though Padja has already told me about contacting a magistrate friend, I am still rather paranoid. What if that particular magistrate is more lenient than the one who will be dealing with my case?

I cannot stop worrying about being sent to prison, despite a LOT of people telling me it won't happen. Its just because its my 3rd summons, it just makes everything a whole lot worse!!

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Hi,

 

Thanks for responding. I see what you mean now. I did sign the form that the man at the door had, and I have signed the court summons plea form, ticking the guilty box. I had no other choice, and I didn't want to make matters worse by lying.

 

Even though Padja has already told me about contacting a magistrate friend, I am still rather paranoid. What if that particular magistrate is more lenient than the one who will be dealing with my case?

I cannot stop worrying about being sent to prison, despite a LOT of people telling me it won't happen. Its just because its my 3rd summons, it just makes everything a whole lot worse!!

 

You didnt have to lie just say that you dont wish to say or sign anything, then goodbye and close the door, TV Licence guys like to imply they have some sort of legal powers, they do not, they are not policemen, its a pity than many niave people are prosocuted in this way.

 

Andy

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When they say is there anything you would like to say I have in the past said "Under the european human acts I believe I have the right to receive information and education without the fear of prosecution and persecution under that I believe the TV licence is therefore breaking this condition" The last 2 TV gestapo to visit when I start saying that close their little folder and walk off. However that is for me to do and I wouldn't recommend anyone to follow suit as you may be taken to court. I do it as I believe by paying for Virgin TV I'm paying twice for the same programmes.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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When they say is there anything you would like to say I have in the past said "Under the european human acts I believe I have the right to receive information and education without the fear of prosecution and persecution under that I believe the TV licence is therefore breaking this condition" The last 2 TV gestapo to visit when I start saying that close their little folder and walk off. However that is for me to do and I wouldn't recommend anyone to follow suit as you may be taken to court. I do it as I believe by paying for Virgin TV I'm paying twice for the same programmes.

 

Well..you are perfectly entitled to argue the HRA in court..I doubt you'd win though but you never know, and you'd need to actually point out the relevant parts of the HRA, not just something 'you believe'.

 

As for Virgin, they dont pay an extra fee to the BBC, if they did then they'd just add it on to the package cost, which may be a better way for the BBc to recover the licence fee cost, of course this cant be done for analogue Tv or even when its turned off, for freeview TV.

 

Andy

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Oh I agree about court however would they be prepared to try and argue it in court imagine if you had a sympathetic magistrate would blow it out of the water, I think they can find plenty of other people to rip off. I would not have a problem if say Virgin (or Sky) put an extra £5 a month on to cover licence and like you say it would make a better and fairer way to get licence fee from people who pay for subscription services.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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I would say unless they are calling pacifically about the summons/fines issue, politely tell them to leave and not to come back. Nothing else. And personaly I would never sign anything given to me by somebody who's just turned up at my front door! And who are they to ask to come into your home!!

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  • 4 months later...
I cannot stop worrying about being sent to prison, despite a LOT of people telling me it won't happen.

 

It's not that it won't happen. It's that it CAN'T happen.

 

From the Communications Act 2003.

 

(4)A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

 

That's all you can get, a fine not exceeding level 3 on the standard scale.

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