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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Thankyou so much!

Will write to council and copy in b and s in the morning.

Any idea how quick they are likely to return?

Am pannicking as nowhere else to park car.

 

They could come anytime from 6am tomorrow, but if they turn up, film them with a mobile and tell them their levy is invalid as all the cars are third party or on finance, you will then have their response on film and can use it in conjunction with any complaints you make.

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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Ohh no! Im at work and car at home all day hubby sleeping as his on nights! What a nightmare! :(

 

I'm sure other Caggers will be along soon with some more help, just hang on in there and don't be intimidated by B& S, their levy is invalid, so film them when and if they turn up, he cannot prevent you filming there is no law, to say you cannot, whatever the muppet threatens. Do it from an upstairs window, if you don't want to open the door to him.

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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Thanks just worried about clamping!

Ive also noticed on the notice of seizure that its not signed by me or hubby?? It was just posted through with the list of cars! At the bottom it says including keys and docs..

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Thanks just worried about clamping!

Ive also noticed on the notice of seizure that its not signed by me or hubby?? It was just posted through with the list of cars! At the bottom it says including keys and docs..

If you are on good terms with the neighbour, Get them and the car owners to contact the bailiff individually with a third party claim, stating they own the goods, he may spit his dummy out and rant and rave, when he visits, but if you film him it is all good for your complaints as evidence of his muppetry.

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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Yes can get my neighbour and my father in law to phone them tmrw. Thankyou..

In the meantime im trying to find docs to prove my car is on finance! Does bill of sale still mean they cant touch it?

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I have written to council copying in bristow! I have also asked them to respond with what bailiff fees are outstanding as we wont dispute them.

I also mentioned even though they were made aware on my first correspondence about car being on finance they still levied it! As well as listing other vehicles that dont belong to us! Just going await response now and hope they dont turn up tmrw! I will let you all know what happens thankyou so much for all the advice :)

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Just spoken to council ! Apparantly i have to provide proof to the bailiffs that cars do not belong to me! Secondly they said they are allowed to levy CHILDRENS dvds if they are in the living room and not in a childs bedroom!

Again they have refered me back to bristow! Arghhhh!

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Your Council do not have a clue what they are talking about. It is about time you escalated this futher up the chain or got your Councillor(s) involved. Read this LGO Report print & forward to the Council,they may try and argue different Council & Bailiffs but that doe not matter as the principle belongs to all http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

 

Asfor what they say about the levy - does this mean they insist all childrens bikes, swings & trampolines must be kept in the bedroom - what a load of bull. Even if the DVD's were able to be seized did they list the title of each individual one.

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have to agree with ploddertom, you must escalate this, they are cruising very close to a slap from the Ombudsman, if they carry on with the muppetry they are pulling on you

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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Thanks everyone!. :) hope lgo are open for me to call them tmrw if not will write to them and call them monday morning.

Cant believe the council! I asked for a surname of person i spoke to as i told her would be making an official complaint and she refused!

I know bristow are there tmrw should i ring them to tell them they have levied wrong?

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Just found the following on my councils website! which proves what i was told on the phone was rubbish!

 

Goods of little or no value 1st levy in october 2010 was worthless apart from a laptop

 

Any item pertaining to the children of a household. (Pram, toys, etc- my daughters dvds! which i was told yesterday that unless they were in a childs bedroom the bailiff has every right to levy on!

 

Before levying distress, the bailiff should satisfy his/herself that the goods he/she proposes to distrain upon, belong either to the defaulter, or to the defaulter and another person. He obviously didnt do this yesterday when he levied on third party vehicles!

I have written to the my local counciler as well now.

 

Council said to me yesterday that the recovery team have confirmed the bailiff is within his rights and unless we prove its not our vehicles they can take them!

Why should i let the third party people whos vehicles they know my business i can hardlly ask my neighbour for there car documents! makes me so mad!

She also said ohh well because its £7000! you will have to deal with bailiff! so from £6300 its now £7000! i will be investigating the breakdowns after I get the levvy sorted.

there were 5 liability orders are they allowed to levy on each one? how do i know which lo they have levied on?

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Just a quick question ... apart from the fact the notice of seizure lists cars that are 3rd party . does the fact its not signed by me make any differnce ?

it was just posted through door.. signed by bailiff but not me.

just preparing myself for when they turn up to try and remove ! need to get myself geared for what to say!..

Even though ive sent emails etc they are so ignorant i doubt they would of aknowledged them!

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You obviously don't have a contract with the bailiff. Although the bailiff is acting as an agent of the Council, there is no legal obligation for you to talk to or pay the bailiff. Just keep paying the council direct.

 

As I told you, bailiffs are incredibly thick (skinned) ............. they make it up as they go along. Listen to CAG advice and don't give in to the bailiffs. They are skating on extremely thin-ice.

 

Just keep a written record of events and your day will come. You'll get all the advice and support you need to get through this.

 

Good luck!

 

 

Impecunious! :-)

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Thank you ;). I wont give in.

I so appreciate all the advice i have had on here!

Just waiting for them to turn up now!

I have all the paperwork for the car on finance and i will film everything they say to me!

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Not yet... Its stupid!.i keep looking out window everytime i hear a car door! The thing is when they turn up they wont be happy coz out of the 3 cars they put notice of seizure on only one of them is here! And i have paperwork to prove its on finance! The others were not mine so i dont know where they are!

Just wish they would turn up and get it over with!

Or maybe after reading my complaint emali they decided against it..who knows! Will keep everyone updated. ;)

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Not yet... Its stupid!.i keep looking out window everytime i hear a car door! The thing is when they turn up they wont be happy coz out of the 3 cars they put notice of seizure on only one of them is here! And i have paperwork to prove its on finance! The others were not mine so i dont know where they are!

Just wish they would turn up and get it over with!

Or maybe after reading my complaint emali they decided against it..who knows! Will keep everyone updated. ;)

 

We know that bailiffs read this forum, so maybe they have twigged you are on to them

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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Well the lgo advised me today that my complaint has been passed to the council and they have a certsin timeframe to reply..

In the meantime what should the bailiff charges be?

I have asked for a breakdown but since then they have visited once with a van but left no paperwork!

Just told my husband that £200 had been added and then once more when we was not home and posted a notice of

seizure on third party vehicles.

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Just had a response drom b and s!

They are still adamant the first levy was correct!

And as for the vehicles seized they are in the process of confirming with dvla who they belong to.

I have forwarded them an email from the finance company confirming my car is on finance..my only concern is on the emil bristow have said that they have checked a hpi website and it does not show the car is on finance but they will await paperwork from me.

Now my question is although the car is on finance and i have an email from the finance company are there any loopholes where they can still seize it?

The car was sold on a bill of sale agreement and we are making monthly payments to the finance company.

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You mean a Log Book loan? I think they can't seize it, now this would be a Mexican Stand Off B & S v the loan co knuckledraggers.

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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It wasnt with log book loan company but when i asked my finance company what kind of agreement it was they said bill of sale.

Anyway they very kindly said on the bottom of their "noreply" email address no further action will be taken but we invite you make payments although the disputed fees would NOT affect payment arrangements!

Will wait and see what council says..

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